Bill Text: CA AB2764 | 2013-2014 | Regular Session | Chaptered
Bill Title: Public resources.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 512, Statutes of 2014. [AB2764 Detail]
Download: California-2013-AB2764-Chaptered.html
BILL NUMBER: AB 2764 CHAPTERED
BILL TEXT
CHAPTER 512
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2014
APPROVED BY GOVERNOR SEPTEMBER 20, 2014
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 11, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Committee on Natural Resources (Chesbro (Chair),
Garcia, Muratsuchi, Skinner, Stone, and Williams)
MARCH 27, 2014
An act to amend Section 126 of the Government Code, to amend
Section 39512.5 of the Health and Safety Code, to amend Section 6306
of the Public Resources Code, and to amend Section 1 of Chapter 321
of the Statutes of 1961, relating to public resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 2764, Committee on Natural Resources. Public resources.
(1) Existing law establishes the State Lands Commission in the
Natural Resources Agency and prescribes the functions and duties of
the commission. Under current law, the State Lands Commission cedes
concurrent criminal jurisdiction to the United States with regard to
specified properties.
This bill would revise and recast these provisions and make
technical and organizational changes.
(2) Existing law requires that every local trustee of granted
public trust lands, as defined and except as provided, file with the
State Lands Commission, on or before October 1 of each year, a
detailed statement of all revenues and expenditures relating to its
trust lands and trust assets, as prescribed, including obligations
incurred, but not yet paid, covering the fiscal year preceding the
submission of the statement.
This bill instead would require the statement to be filed with the
commission on or before December 31 of each year.
(3) Existing law authorizes a grant in the form of a trust of
specified tidelands and submerged lands to the County of Orange,
subject to certain restrictions, including that the lands remain
available for public use.
This bill would modify the terms of the grant to change the
conditions for expenditures by the trust and to permit the trustee to
acquire additional property in order to further the purposes of the
trust, if specific conditions are met.
(4) Existing law establishes the State Air Resources Board, which
is responsible for control of emissions from motor vehicles and is
designated the air pollution control agency for all purposes set
forth in federal law. Existing law requires the state board to
consist of 12 members, who are appointed based on certain
qualifications. Existing law provides for the compensation of those
members.
This bill would correct an erroneous cross-reference to clarify
that certain members of the state board are prohibited from receiving
compensation for serving on the state board, but are required to be
reimbursed for their actual and necessary expenses, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 126 of the Government Code is amended to read:
126. (a) Notwithstanding any other provision of law, general or
special, the Legislature of California, acting through the State
Lands Commission, hereby cedes concurrent criminal jurisdiction to
the United States within lands identified and held by the United
States upon and subject to each and all of the following express
limitations, conditions, and reservations, in addition to any other
limitations, conditions, or reservations prescribed by law:
(1) Before making a cession, the State Lands Commission shall make
the following findings:
(A) The United States has requested in writing the state to cede
concurrent criminal jurisdiction within the identified lands.
(B) The lands are held by the United States for the erection of
forts, magazines, arsenals, dockyards, and other needful buildings
within the purview of clause 17 of Section 8 of Article I of the
United States Constitution, or for any other federal purposes. For
purposes of this section, lands held by the United States are defined
as: (i) lands acquired in fee by purchase or condemnation, (ii)
lands owned by the United States that are included in the military
reservation by presidential proclamation or act of Congress, (iii)
any other lands owned by the United States, including, but not
limited to, public domain lands that are held for a public purpose,
and (iv) leaseholds acquired by the United States over private lands
or state-owned lands that are held for a public purpose.
(C) The cession is made pursuant to and in compliance with the
laws of the United States.
(D) A notice of the proposed cession has been given to the clerk
for the board of supervisors of the county in which the federal lands
are located at least 15 days before the proposed cession.
(E) The proposed cession is in the best interests of the State of
California.
(F) The United States has agreed to bear all costs and expenses
incurred by the State Lands Commission in making the cession.
(2) The cession shall continue only so long as the lands are owned
by the United States and used for the purposes for which
jurisdiction is ceded or for 10 years, whichever period is less.
(3) The cession shall be made at a publicly noticed meeting of the
State Lands Commission. The cession shall vest when the State Lands
Commission has received notice of the United States' acceptance of
the cession and certified copies of the State Lands Commission's
orders or resolutions making the findings described in paragraph (1)
have been recorded in the office of the county recorder of each
county in which any part of the land is situated. The State Lands
Commission shall keep copies of its orders or resolutions in its
records and make them available to the public upon request.
(b) In ceding concurrent criminal jurisdiction, the Legislature
and the state reserve jurisdiction over the land, water, and use of
water with full power to control and regulate the acquisition, use,
control, and distribution of water with respect to the land affected
by the cession.
SEC. 2. Section 39512.5 of the Health and Safety Code is amended
to read:
39512.5. (a) With respect to the members appointed pursuant to
subdivision (d) of Section 39510, those members shall serve without
compensation but shall be reimbursed for actual and necessary
expenses incurred in the performance of their duties to the extent
that reimbursement for expenses is not otherwise provided or payable
by another public agency or agencies. Each elected public official
member of the state board shall receive one hundred dollars ($100)
for each day, or portion thereof, but not to exceed one thousand
dollars ($1,000) in any month, attending meetings of the state board
or committees thereof, or upon authorization of the state board while
on official business of the state board.
(b) Reimbursements made pursuant to subdivision (a) shall be made
as follows:
(1) A member appointed from a district that is specifically named
in subdivision (d) of Section 39510 shall be reimbursed by the
district from which the person qualified for membership.
(2) The member appointed as a board member of a district that is
not specifically named in subdivision (d) of Section 39510 shall be
reimbursed by the state board.
SEC. 3. Section 6306 of the Public Resources Code is amended to
read:
6306. (a) For purposes of this division, "local trustee of
granted public trust lands" means a county, city, or district,
including a water, sanitary, regional park, port, or harbor district,
or any other local, political, or corporate subdivision that has
been granted, conveyed, or transferred by statute, public trust
lands, including tidelands, submerged lands, or the beds of navigable
waters, through a legislative grant. A local trustee of granted
public trust lands is a trustee of state lands.
(b) Notwithstanding any other law, every local trustee of granted
public trust lands shall establish and maintain accounting
procedures, in accordance with generally accepted accounting
principles, providing accurate records of all revenues received from
the trust lands and trust assets and of all expenditures of those
revenues. If a trust grantee has several trust grants of adjacent
lands and operates the granted lands as a single integrated entity,
separation of accounting records for each trust grant is not
required.
(c) All revenues received from trust lands and trust assets
administered or collected by a local trustee of granted public trust
lands shall be expended only for those uses and purposes consistent
with the public trust for commerce, navigation, and fisheries, and
the applicable statutory grant.
(d) All funds received or generated from trust lands or trust
assets shall be segregated in separate accounts from nontrust
received or generated funds.
(e) (1) Unless otherwise prescribed by an applicable statutory
grant, on or before December 31 of each year, each local trustee of
granted public trust lands shall file with the commission a detailed
statement of all revenues and expenditures relating to its trust
lands and trust assets, including obligations incurred but not yet
paid, covering the fiscal year preceding submission of the statement.
(2) The statement shall be prepared in accordance with generally
accepted accounting principles and may take the form of an annual
audit prepared by or for the local trustee of granted public trust
lands.
(3) (A) The detailed statement shall be submitted along with a
standardized reporting form developed by the commission.
(B) The commission shall use an existing reporting form previously
developed for purposes of this paragraph, if a finding is made by
the commission that it is generally responsive to the needs of the
commission as prescribed in this section. Alternatively, the
commission may develop a reporting form that requires a local trustee
of granted public lands to report on all of the following:
(i) A summary of all funds received or generated from trust lands
or trust assets.
(ii) A summary of all spending of funds received or generated from
trust lands or trust assets.
(iii) Any other disposition of funds received or generated from
trust lands or trust assets or of the trust lands or trust assets
themselves.
(iv) A description of the manner in which the statement required
by this subdivision and accompanying the reporting form is organized.
(v) Any other information that the commission deems to be included
in an accounting of granted public trust lands.
(C) The adoption of the form by the commission pursuant to this
subdivision is the prescription of a form for purposes of subdivision
(c) of Section 11340.9 of the Government Code.
(4) All forms and supporting statements submitted pursuant to this
section shall be public records and be made available on the
commission's Internet Web site.
(f) (1) The costs that may be incurred by a local trustee of
granted public trust lands that result from any new duties imposed
upon that trustee pursuant to Chapter 206 of the Statutes of 2012,
including the requirement to submit a standardized reporting form
required by paragraph (3) of subdivision (e), shall be paid from the
revenues derived from its granted public trust lands and assets
specified in subdivision (b).
(2) If the revenues derived from the granted public trust lands
and assets specified in subdivision (b) are not sufficient to pay the
costs for the duties specified in paragraph (1), the commission
shall exempt the local trustee of granted public trust lands from
performing those duties for which the revenues are not sufficient, or
grant a deadline extension from the performance of those duties
until sufficient funds are available.
SEC. 4. Section 1 of Chapter 321 of the Statutes of 1961 is
amended to read:
Section 1. There is hereby granted to the County of Orange and to
its successors all of the right, title and interest of the State of
California held by the state by virtue of its sovereignty in and to
all that portion of the tidelands and submerged lands of the Pacific
Ocean within the County of Orange, State of California, in the
following area:
Commencing at the intersection of the westerly line of fractional
Section 22, Township 8 South, Range 8 West, San Bernardino Base and
Meridian with the line of Mean High Tide of the Pacific Ocean from
which point said westerly Section line bears North 0 07? East;
thence South 45 00? East to the point of intersection with a line
parallel to and five thousand seven hundred and fifty feet (5,750
ft.) southerly of the northerly line of said fractional Section 22;
thence easterly along said last mentioned parallel line, 5,750 feet
southerly of the northerly line of Section 22, and the easterly
prolongation of said parallel line to the point of intersection with
a meridian line passing through the intersection of the westerly line
of Rancho Boca de la Playa as said line is established and shown on
a map recorded in Book 4, Pages 118 and 119 of Patents, Records of
Los Angeles County, June 29, 1887, and the line of Mean High Tide of
the Pacific Ocean; thence northerly along said meridian line to the
intersection with the line of Mean High Tide of the Pacific Ocean;
thence westerly along said line of Mean High Tide to the point of
beginning, the same to be forever held by the county and by its
successors in trust for the uses and purposes and upon the express
conditions following, to wit:
(a) That these lands shall be used by the county, and its
successors, only for the establishment, improvement, and conduct of a
harbor, and for the construction, maintenance, and operation thereon
of wharves, docks, piers, slips, quays, and other utilities,
structures, facilities, and appliances necessary or convenient for
the promotion and accommodation of commerce and navigation, and for
recreational use, public park, parking, highway, playground, and
business incidental thereto; and the county, or its successors, shall
not, at any time, grant, convey, give, or alien these lands, or any
part thereof, to any individual, firm, or corporation for any
purposes whatever; provided, that the county, or its successors, may
grant franchises thereon for limited periods (but in no event
exceeding 50 years), for wharves and other public uses and purposes
and may lease these lands, or any part thereof, for limited periods
(but in no event exceeding 50 years), for purposes consistent with
the trust upon which these lands are held by the State of California,
and with the requirements of commerce and navigation at the harbor,
and collect and retain rents from these leases.
(b) That these lands shall be improved by the county without
expense to the state, and shall always remain available for public
use for all purposes of commerce and navigation, and the State of
California shall have at all times, the right to use, without charge,
all wharves, docks, piers, slips, quays, and other improvements and
facilities constructed on these lands, or any part thereof, for any
vessel or other water or aircraft, or railroad, owned or operated by
the State of California.
(c) That in the management, conduct, or operation of the harbor,
or of any of the utilities, structures, appliances, or facilities
mentioned in subdivision (a), no discrimination in rates, tolls, or
charges or in facilities for any use or service in connection
therewith shall ever be made, authorized, or permitted by the county
or its successors.
(d) There is hereby reserved, however, in the people of the State
of California the absolute right to fish in the waters of the harbor
with the right of convenient access to the waters over these lands
for these purposes.
(e) There is hereby excepted and reserved to the State of
California all deposits of minerals, including oil and gas, in the
land, and to the State of California, or persons authorized by the
State of California, the right to prospect for, mine, and remove
deposits from the land.
(f) The lands herein described are granted subject to the express
reservation and condition that the state may at any time in the
future use these lands or any portion thereof for highway purposes
without compensation to the county, its successors or assigns, or any
person, firm, or public or private corporation claiming under it,
except that in the event improvements have been placed upon the
property taken by the state for these purposes, compensation shall be
made to the person entitled thereto for the value of his or her
interest in the improvements taken or the damages to the interest.
(g) That within 10 years from the effective date of this act these
lands shall be substantially improved by the county without expense
to the state, and if the State Lands Commission determines that the
county has failed to improve these lands as herein required, all
right, title, and interest of the county in and to all lands granted
by this act shall cease and these lands shall revert and vest in the
state.
(h) (1) That any funds derived from the management, conduct, or
operation of the lands described in this section shall be used within
the geographic boundary of the lands for purposes consistent with
subdivision (a).
(2) Notwithstanding paragraph (1), funds derived from the
management, conduct, or operation of these lands may also be expended
on state-owned tidelands and submerged lands, outside the geographic
boundary of these lands within the County of Orange and
southeasterly of the southern city limits of the City of Laguna
Beach, to fund the portion of the Dana Point Branch of the Orange
County Harbor Patrol that provides direct protection for public
health, safety, and security relating to navigation and other public
trust uses on state-owned tidelands and submerged lands.
(i) (1) Notwithstanding subdivision (h), any funds derived from
the management, conduct, or operation of the lands described in this
section may be used to purchase, lease, or otherwise acquire real
property necessary for or incidental to the development and operation
of a harbor and that property shall be held as an asset of the trust
and used for purposes consistent with the trust grant.
(2) If the real property that is proposed to be purchased, leased,
or acquired is adjacent to the geographic boundary of the lands, the
county, or its successors, shall give written notice of the proposed
expenditure to the State Lands Commission at least 90 days before
purchasing, leasing, or acquiring the real property in excess of one
hundred thousand dollars ($100,000), but not more than five hundred
thousand dollars ($500,000). Expenditures in excess of five hundred
thousand dollars ($500,000) for real property adjacent to the
geographic boundary of those lands shall not be made unless the State
Lands Commission approves the expenditure pursuant to Chapter 2
(commencing with Section 6701) of Part 2 of Division 6 of the Public
Resources Code. For the purpose of this subdivision, "adjacent" means
adjoining or separated by a street or road.
(3) If the real property that is proposed to be purchased, leased,
or acquired is not adjacent to the geographic boundary of the lands,
the county, or its successors, shall give written notice of the
proposed expenditure to the State Lands Commission at least 90 days
before purchasing, leasing, or acquiring the real property not to
exceed fifty thousand dollars ($50,000). Expenditures in excess of
fifty thousand dollars ($50,000) for real property not adjacent to
the geographic boundary of those lands may not be made unless the
State Lands Commission approves the expenditure pursuant to Chapter 2
(commencing with Section 6701) of Part 2 of Division 6 of the Public
Resources Code.
(4) The notice required in paragraphs (2) and (3) shall include
the total proposed expenditure from the tideland's trust, the
location of the real property, the purpose of the purchase,
acquisition, or lease, and an explanation of how the purchase,
acquisition, or lease is consistent with the terms of the trust
grant.
