BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 860|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 860
Author: Senate Natural Resources and Water Committee
Amended: 8/18/11
Vote: 21
SENATE NATURAL RESOURCES AND WATER COM. : 9-0, 4/26/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE FLOOR : 38-0, 05/02/11 (Consent)
AYES: Alquist, Anderson, Blakeslee, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Rubio, Runner, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland
NO VOTE RECORDED: Berryhill, Yee
ASSEMBLY FLOOR : 79-0, 9/7/11 - See last page for vote
SUBJECT : Tidelands and submerged lands: public trust
lands: mineral
rights
SOURCE : Author
DIGEST : This bill makes clean-up amendments regarding
the states mineral interest, redevelopment agencies
successors, and hazardous materials remediation to statutes
CONTINUED
SB 860
Page
2
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.
Assembly Amendments make technical corrections regarding
the reconveyance of trust lands to local entities, the
boundary description of trust lands, and a hazardous
materials remediation with respect to some trust lands, and
correct drafting errors.
ANALYSIS : 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 granting statutes.
4.Grants in trust to the Port of San Francisco, pursuant to
the "Burton Act" (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 in the act.
5.Authorizes, pursuant to SB 792 (Leno), Chapter 203,
Statutes of 2009, a public trust land exchange at the
CONTINUED
SB 860
Page
3
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 has been completed; 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 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 has been completed; 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.
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
CONTINUED
SB 860
Page
4
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.
1.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 TIDA subject to
restrictions regarding exploration;
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.
1.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:
1) 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,
CONTINUED
SB 860
Page
5
2) The United States has obtained a warranty
deferral, approved by the Governor, and SLC finds
that sufficient liability measures and
implementation measures will be in place upon the
completion of the land exchange.
A. 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,
B. 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.
Background
Tide and submerged lands are held in trust by the state for
the benefit of the people of California. The 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 8/22/11)
City and County of San Francisco
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
CONTINUED
SB 860
Page
6
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."
ASSEMBLY FLOOR : 79-0, 9/7/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Gorell
CTW:nl 9/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED