BILL ANALYSIS �
SB 551
Page 1
Date of Hearing: June 27, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 551 (DeSaulnier) - As Amended: May 31, 2011
SENATE VOTE : 39-0
SUBJECT : State property: tidelands transfer: City of
Pittsburg
SUMMARY : Repeals the 2006 public trust grant made to the City
of Pittsburg (City) and makes a new grant that includes the
lands from the 2006 grant as well as lands annexed to the city
in 2009.
EXISTING LAW:
1) Protects, pursuant to the common law Public Trust
Doctrine, the public's right to use California's waterways
for commerce, navigation, fishing, boating, natural habitat
protection, and other water oriented activities. The
Public Trust Doctrine provides that filled and unfilled
tide and submerged lands and the beds of lakes, streams,
and other navigable waterways (i.e. public trust lands) are
to be held in trust by the state for the benefit of the
people of California.
2)Establishes that the State Lands Commission (SLC) is the
steward and manager of the state's public trust lands.
3)Grants, in trust, state public trust lands to over 80 local
public agencies (a.k.a. local trustees or grantees) to be
managed for the benefit of all the people of the state and
pursuant to the Public Trust Doctrine and terms of the
applicable granting statutes. SLC has oversight authority
over these granted public trust lands to ensure that they are
managed pursuant to the Public Trust Doctrine and relevant
granting statutes.
4) Grants, pursuant to Chapter 214, Statutes of 1937,
Chapter 1835, Statutes of 1961, and Chapter 1828, Statutes
of 1963, portions of state tide and submerged lands to the
City for public trust purposes.
SB 551
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5) Chapter 275, Statutes of 2006, AB 2324 (Canciamilla):
a) Repealed existing legislative grants to the City and
enacted a new grant, subject to specified conditions and
public trust restrictions.
b) Defines "trust lands" to mean all tidelands and
submerged lands, whether filled or unfilled, situated
within the boundaries of the City as such boundaries exist
on January 1, 2007.
c) Requires the City, on or before July 1, 2008, to submit
to SLC for approval a plan of intended development,
preservation, or other use of the trust lands, including
the projected statewide financial, environmental, or other
benefits of the proposed uses of the trust lands, the
method of financing the plan, and a timetable for
implementation.
d) Authorizes the City to lease the trust lands for periods
not exceeding 66 years, for purposes consistent with the
public trust and the development plan; the City may collect
and retain rents and other trust revenues from those
leases, but can only use them for trust consistent
purposes.
e) Directs the revenue generated from four specific parcels
to the General Fund rather than the City.
f) Sets forth oversight, accounting, enforcement, and
revenue sharing provisions required of the City and
administered by SLC.
6) Establishes the Land Bank Fund for which SLC is the
trustee. The Land Bank Fund may receive funds for
mitigation or from title settlements. Additionally, the
Land Bank Fund can receive revenues from any party for the
purpose of providing management and improvement of real
property held by SLC for the public trust.
THIS BILL:
SB 551
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1)Repeals the 2006 grant made by AB 2324 and makes a new grant
to the City that includes the lands from the 2006 grant as
well as lands annexed to the city on December 31, 2009. This
new grant is substantially similar to the AB 2324 grant except
that it:
a) Requires the City to submit a trust lands use plan by
January 1, 2017.
b) Authorizes the City to lease trust lands for limited
periods not to exceed 49 years.
c) Requires the City to report to SLC every five years,
beginning in 2022, regarding the utilization of trust lands
for the five preceding years.
d) Require that at the end of every fiscal year beginning
on June 30, 2012, the City is to transmit 20% of all gross
revenue generated from the trust lands to SLC. Of this
amount, 80% will be deposited in the General Fund and the
remaining 20% will be deposited in the Land Bank Fund.
FISCAL EFFECT : Unknown
COMMENTS : For over 100 years, the Legislature has granted
public trust lands to local public agencies so they can be
managed locally for the benefit of the people of California.
SLC retains oversight authority to ensure that the lands are
managed pursuant to the Public Trust Doctrine and the relevant
granting statutes. A granting statute generally explains what
lands have been granted and how the land is to be managed by the
grantee. Without a public trust grant, the SLC has direct
authority to lease or otherwise manage public trust lands within
the jurisdiction of a local public agency.
The City pursued AB 2324 (Canciamilla) in 2006 in response to
its desire to control its entire shoreline for the purposes of
waterfront economic development. In 2009, approximately 1,467
acres and 17 parcels of public trust lands were annexed to the
City. Since these lands were annexed after AB 2324, they were
not part of the grant. This bill will grant administrative
control over these annexed lands to the City so they can be
incorporated into the City's shoreline redevelopment plans.
SB 551
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REGISTERED SUPPORT / OPPOSITION :
Support
GenOn Energy
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092