BILL ANALYSIS �
SB 1424
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Date of Hearing: June 16, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1424 (Wolk) - As Amended: May 28, 2014
SENATE VOTE : 37-0
SUBJECT : State property: tidelands transfer: City of Martinez
SUMMARY : Grants, in trust, the state's tide and submerged lands
(i.e., public trust lands) located at the Martinez Marina to
the City of Martinez (City) subject to the public trust doctrine
and other terms, as specified.
EXISTING LAW :
1)Protects, pursuant to the common law public trust doctrine,
the public's right to use California's waterways for
water-dependent commerce, navigation, fishing, boating,
natural habitat protection, and other water-oriented
activities. Establishes, pursuant to the public trust
doctrine, that filled and unfilled tide and submerged lands
and the beds of lakes, streams, and other navigable waterways
are to be held in trust by the state for the benefit of the
people of California.
2)Requires the State Lands Commission (Commission) to be the
steward and manager of the state's public trust lands. Gives
the Commission direct administrative control over the state's
public trust lands and oversight authority over public trust
lands granted by the Legislature to local public agencies.
3)Grants, in trust, state public trust lands to over 80 local
public agencies (local trustees) 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.
The City has been granted certain public trust lands within
its city boundaries.
THIS BILL :
1)Repeals the 1976 public trust land grant to the City and
grants the same lands back to the City with the addition of
the public trust lands located at the Martinez Marina.
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2)Authorizes the City to lease public trust lands under
specified conditions.
3)Requires that the trustee submit to the Commission a trust
lands use plan describing any proposed development,
preservation, or other use of the trust lands by January 1,
2020 and a report of its utilization of trust lands by
September 30, 2025 and every five years thereafter.
4)By December 31of each year, requires that the City file with
the Commission a statement of all trust revenues,
expenditures, and outstanding obligations. Requires the
statement to include a summary explaining how the trustee is
using trust revenues to revitalize the Martinez Marina and
prevent its closure.
5)Before expending trust revenues for a single capital
improvement on the trust lands involving an amount in excess
of $250,000, requires the City to obtain approval from the
Commission, as specified.
6)Provides a revenue sharing plan between the state and the City
on all gross revenues generated from the trust lands.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Unknown costs, likely a maximum of $15,000 annually from the
General Fund and the Land Bank Fund for forgone
revenue-sharing and lease revenue until 2021.
2)Unknown revenues to the General Fund and the Land Bank Fund
after 2021 as a result of the revenue-sharing agreement.
3)Annual costs, likely minor, to the General Fund to the
Commission for administrative and oversight duties. These
costs are to be reimbursed by the City.
COMMENTS : For over 100 years, the Legislature has granted
public trust lands to local trustees so the lands can be managed
locally for the benefit of the people of California. There are
over 80 trustees in the state, including the ports of Los
Angeles, Long Beach, San Diego, San Francisco, Oakland,
Richmond, Benicia, and Eureka. While these trust lands are
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managed locally, the Commission has oversight authority to
ensure those local trustees are complying with the Public Trust
Doctrine and the applicable granting statutes.
In 1976, the Legislature granted, in trust, three public trust
parcels to the City. This bill will repeal the legislative
trust grant of these three parcels and enact a new grant to the
City that includes the three parcels (on updated grant terms)
and an additional fourth parcel, which is generally known as the
Martinez Marina.
The Martinez Marina consists of ungranted public trust lands
that the Commission has leased to the City for the operation and
maintenance of the marina. Presently, silt flowing through the
gaps in the marina's dilapidated eastern breakwater wall has
rendered the eastern portion of the marina unusable, resulting
in a significant decrease in revenue. The deteriorating
conditions at the marina have hampered the City's ability to
revitalize the Marina and prevent its closure. To help address
these circumstances and turn the marina into a productive
resource, this bill proposes to transfer the marina to the City
with terms that will allow the City to use revenues from the
land to restore the marina.
The committee may wish to consider technical cleanup amendments,
including an amendment to the non-discrimination clause so that
it accurately reflects the state's current non-discrimination
policy.
REGISTERED SUPPORT / OPPOSITION :
Support
City of Martinez (sponsor)
California State Lands Commission
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
SB 1424
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