BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 860|
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CONSENT
Bill No: SB 860
Author: Senate Natural Resources and Water Committee
Amended: As introduced
Vote: 21
SENATE NATURAL RESOURCES AND WATER COM. : 9-0, 4/26/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SUBJECT : Tidelands and submerged lands: City and County
of San
Francisco: Hunters Point Naval Shipyard and
Candlestick
Point: mineral rights
SOURCE : Author
DIGEST : This bill clarifies the status of minerals and
mineral rights under various public trust land management
strategies.
ANALYSIS : Existing law:
1.Vests in the San Francisco Redevelopment Agency all of
the state's rights, title, and interest in Candlestick
Point and the former Hunters Point Naval Shipyard trust
lands, and upon conveyance by the federal government to
the agency, in appurtenances located on Hunters Point
submerged lands, subject to the public trust, as
provided.
CONTINUED
SB 860
Page
2
2.Approves an exchange of public trust lands within the
lands conveyed, whereby certain trust lands or interests
in lands that meet specified criteria and are not useful
for public trust purposes are freed from the public trust
and authorized to be conveyed into private ownership.
3.Authorizes certain other lands or interests in lands that
are not now public trust lands and that are useful for
public trust purposes to be made subject to the public
trust.
4.Requires the state to reserve from the grants made to the
agency, the state's interest or any portion of the
state's interest, in any lands, all mineral and mineral
rights in the lands, as provided.
This bill clarifies the status of minerals and mineral
rights under various public trust land management
strategies.
Background
Tide and submerged lands are held in trust by the state for
the benefit of the people of California. The State Lands
Commission (SLC) is the steward and manager of the state's
public trust lands. SLC can grant trust lands to a local
agency for management under the public trust (granted
lands). SLC can also negotiate an exchange of public trust
lands.
In 2009, the Legislature approved and the Governor signed,
such a land grant and exchange in SB 792 (Leno), Chapter
203, Statutes of 2009, with the San Francisco Redevelopment
Agency, in order to reconfigure Candlestick Point and
Hunters Point Shipyard.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/26/11)
City and County of San Francisco
SB 860
Page
3
ARGUMENTS IN SUPPORT : According to
Suter-Wallauch-Corbett and Associates on behalf of the City
and County of San Francisco, "�T]the City and the State
Lands Commission are concerned that the words "any other
conveyance" could be construed as including the conveyance
of lands in which the trust is to be terminated. This
would be contrary to the approach generally taken in trust
exchanges, in which the State does not reserve mineral
rights in lands exchanged out of the trust. SB 860
clarifies
that the mineral rights reservation applies only to lands
impressed with the trust."
CTW:nl 4/27/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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