BILL ANALYSIS �
SB 860
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SENATE THIRD READING
SB 860 (Natural Resources and Water Committee)
As Amended August 18, 2011
Majority vote
SENATE VOTE : 38-0
NATURAL RESOURCES 8-0
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|Ayes:|Chesbro, Brownley, | | |
| |Dickinson, Grove, | | |
| |Halderman, Hill, Monning | | |
| |Skinner | | |
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SUMMARY : Makes clean-up amendments to statutes authorizing
public trust land exchanges and grants for redevelopment
projects at Hunters Point Naval Shipyard and Candlestick Point,
Treasure Island, and the Naval Air Station Alameda.
Specifically, this bill:
1)With regard to the statutes authorizing public trust land
exchanges and grants at Hunters Point Naval Shipyard and
Candlestick Point, clarifies that:
a) The state reserves the mineral interest in lands granted
to the San Francisco Redevelopment Agency;
b) If the state enters into a public trust land exchange,
it may quitclaim all mineral rights in the lands that it is
transferring out of the public trust; and,
c) If the San Francisco Redevelopment Agency dissolves, its
successor agency is to take its duties and responsibilities
for the purposes of administering the granted public trust
lands.
2)With regard to the statutes authorizing public trust land
exchanges and grants at Treasure Island:
a) Clarifies that the state reserves the mineral interest
in lands granted to the Treasure Island Development
Authority (TIDA) subject to restrictions regarding
exploration;
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b) Clarifies that if the state enters into a public trust
land exchange, it may quitclaim all mineral rights in the
lands that it is transferring out of the public trust; and,
c) Establishes that the City and County of San Francisco,
and not the Port of San Francisco, is the successor agency
to TIDA if TIDA were to dissolve.
3)With regard to the statutes authorizing public trust land
exchanges and grants at Naval Air Station Alameda:
a) Establishes that the requirements to complete all
necessary hazardous materials remediation pursuant to the
Naval Air Station Alameda Public Trust Exchange Act are
satisfied if either of the following occurs:
i) All remedial actions necessary to protect human
health and the environment with respect to the hazardous
substances on the land have been completed as determined
in accordance with the Federal Facility Agreement for
Alameda Naval Air Station between United States
Environmental Protection Agency, the United States
Department of the Navy, and the State of California; or,
ii) The United States has obtained a warranty deferral,
approved by the Governor, and the State Lands Commission
(SLC) finds that sufficient liability measures and
implementation measures will be in place upon the
completion of the land exchange.
b) Clarifies that the state reserves the mineral interest
in lands granted to the Alameda Reuse and Redevelopment
Agency and the City of Alameda subject to restrictions
regarding exploration; and,
c) Clarifies that if the state enters into a public trust
land exchange pursuant to the Naval Air Station Alameda
Public Trust Exchange Act, it may quitclaim all mineral
rights in the lands that it is transferring out of the
public trust.
EXISTING LAW :
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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 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 (also known as local trustees/ grantees) to be
managed for the benefit of all the people of the state and
pursuant to the Public Trust Doctrine and the 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 applicable
granting statutes.
4)Grants to the Port of San Francisco, pursuant to the "Burton
Act" (AB 190 Chapter 1333, Statutes of 1968), administrative
control over the public trust lands in the Harbor of San
Francisco for purposes of commerce, navigation, and fisheries
and subject to other terms and conditions specified.
5)Authorizes, pursuant to SB 792 (Leno), Chapter 203, Statutes
of 2009, a public trust land exchange at Hunters Point Naval
Shipyard and Candlestick Point; requires SLC to ensure that
lands are not exchanged into the trust until all necessary
hazardous materials remediation for those lands have been
completed; and, grants to the San Francisco Redevelopment
Agency administrative control over the public trust lands at
the Hunters Point Naval Shipyard.
6)Authorizes, pursuant to the "Treasure Island Conversion Act"
(AB 699 (Migden), Chapter 898, Statutes of 1997) the City and
County of San Francisco to designate the Treasure Island
Development Authority (TIDA) as the redevelopment agency for
Treasure Island; requires that all money received or collected
by TIDA from the use or operation of the trust property be
deposited in the Treasure Island Trust Fund to be used only
for purposes consistent with the public trust for navigation,
commerce, and fisheries; and, designates TIDA as the trustee
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of the trust property.
7)Authorizes, pursuant to the "Treasure Island Public Trust
Exchange Act" (SB 1873 (Burton), Chapter 543, Statutes of
2004; SB 815 (Migden), Chapter 660, Statutes of 2007), a
public trust land exchange at Treasure Island and Yerba Buena
Island, subject to SLC's approval.
8)Authorizes, pursuant to the "Naval Air Station Alameda Public
Trust Exchange Act" (SB 2049 (Perata), Chapter 734, Statutes
of 2000), a public trust land exchange at the former Naval Air
Station Alameda; requires SLC to ensure that lands are not
exchanged into the trust until all necessary hazardous
materials remediation for those lands have been completed;
and, grants to the Alameda Reuse and Redevelopment Agency and
the City of Alameda the responsibility of administering the
public trust lands within the Naval Air Station Alameda
property.
FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative
Counsel.
COMMENTS : The Legislature, through the above referenced
statutes (exchange/grant statues), has authorized public trust
land exchanges and grants to facilitate local redevelopment
projects in San Francisco and Alameda. The local governmental
agencies involved in these land exchanges and grants have
identified minor technical issues with the exchange/grant
statues. These issues include: 1) ambiguities in the
provisions involving the state's mineral interests in lands that
are exchanged and granted; 2) for the San Francisco
redevelopment projects, questions about who will succeed the
redevelopment agencies if they are dissolved; and, 3) for the
Alameda redevelopment project, questions about how hazardous
materials remediation requirements are satisfied. This bill
addresses these issues in a manner that is consistent with the
intent of the original exchange/grant statutes.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN:
0001785
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