Bill Text: CA AB694 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Tidelands and submerged lands: City of San Diego.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB694 Detail]

Download: California-2009-AB694-Enrolled.html

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BILL NUMBER: AB 694	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 3, 2009
	PASSED THE ASSEMBLY  MAY 28, 2009

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 26, 2009

   An act to repeal Chapter 642 of the Statutes of 1929, relating to
tidelands and submerged lands.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 694, Saldana. Tidelands and submerged lands: City of San Diego.

   Under existing law, various grants of tidelands and submerged
lands have been made in trust to local agencies, including several
grants of specified tidelands to the City of San Diego. Existing law
provides that certain tidelands granted to the City of San Diego
ceased to be tidelands and were free from all trusts and
restrictions, subject to specified conditions.
   This bill would repeal the provisions freeing former tidelands
granted to the City of San Diego from use restrictions and would
specify that the repeal of those provisions shall not be construed to
overturn or nullify the decision of a federal district court
concerning certain tidelands in the City of San Diego or any title
settlement agreement entered into by the state. The bill would
require the State Lands Commission to represent the state and to
cooperate in resolving title and boundary issues involving tidelands
and submerged lands.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Sections 3 and 4 of Article X of the California Constitution,
formerly Sections 2 and 3 of Article XV of the California
Constitution, were adopted both to protect the state's waterways and
promote public access to those waterways.
   (b) The state's sovereign interests in tidelands, submerged lands,
and the beds of nontidal navigable waters, whether filled or
unfilled, are held in trust to be protected as public trust lands
pursuant to the California Constitution and the common law public
trust doctrine.
   (c) As trustee of California public trust lands, the state has a
duty to protect and promote public access to, and use of, these lands
for trust purposes, including, but not limited to, maritime commerce
and commercial and recreational navigation and fishing.
   (d) Recognizing that the use of the state's tidelands and
submerged lands by the United States has been beneficial to the state'
s economic interests and the nation's defense interests and that the
continued use of those lands is necessary for military and naval
defense purposes as set forth in Section 8 of Article I of the United
States Constitution, regarding the authority of Congress, and in
Section 2 of Article VI of the United States Constitution, regarding
federal supremacy, that authorize Congress to provide for the
military defense of the United States, nothing in this act shall be
construed to interfere with military operations or national defense
activities by the United States on public trust lands acquired from
the state or its trustees for military defense uses.
  SEC. 2.  Chapter 642 of the Statutes of 1929 is repealed.
  SEC. 3.  As authorized by existing law, including, but not limited
to, Sections 6210, 6222, 6301, 6307, and 6308 of the Public Resources
Code, the State Lands Commission shall represent the state and
cooperate with the state's local trustees and the United States in
resolving their respective title and boundary issues involving
tidelands and submerged lands, including, but not limited to, those
involved in the Base Closure and Realignment Law as provided in
subsection (d) of Section 2903 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160 (Nov. 30, 1993) 107
Stat. 1915).
  SEC. 4.  The repeal of Chapter 642 of the Statutes of 1929 shall
not be construed as overturning or otherwise nullifying the decision
in United States of America v. 15.320 Acres of Land (1991) U.S. Dist.
LEXIS 21875 or any title settlement agreement entered into by the
State of California.