California-2009-SB1350-Amended

BILL NUMBER: SB 1350	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2010

INTRODUCED BY   Senator Kehoe

                        FEBRUARY 19, 2010

   An act to amend Section  5002.3 of   11011.13
of, and to add Section 11011.19 to, the Government Code, and to add
Section 6009 to  the Public Resources Code, relating to 
parks and recreation   public lands  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1350, as amended, Kehoe.  Parks and recreation: State
Park and Recreation Commission hearings.   Public Lands:
records and uses.  
   Existing law requires the Department of General Services to
maintain a complete and accurate statewide inventory of all real
property held by the state and to categorize that inventory by agency
and geographical location. Existing law defines "agency" for that
purpose as any state agency, department, division, bureau, board,
commission, district agricultural association, and the California
State University, and excludes from that definition the Legislature,
the University of California, and the Department of Transportation.
 
   This bill additionally would exclude from that definition of
"agency" the State Lands Commission, and would require the
commission, by July 1, 2011, to furnish to the Department of General
Services a record of each parcel of real property, excluding public
trust lands, that the commission possesses that is not already being
tracked by the statewide property inventory database. The bill would
require the commission to update its record of these real property
holdings, reflecting any changes, by July 1 of each year.  
   The bill also would include legislative findings and declarations
regarding public trust lands.  
   Existing law requires the State Park and Recreation Commission to
classify units of the state park system. The commission is required
to schedule a public hearing to consider the classification or
reclassification of a unit or approval of the Department of Parks and
Recreation's general plan for a unit. Existing law establishes
notice requirements for the hearing, including that if the notice of
hearing is in a weekly newspaper, a requirement that it appear in the
newspaper on at least 2 different days of publication, or that if
the notice is in a newspaper that is published more often, a
requirement that there be at least 5 days from the first to the last
day of publication. Existing law also requires the hearing to be held
not less than 30 days, and not more than 60 days, after the last
date of publication of the notice.  
   This bill instead would require the notice to appear on at least 3
different days of publication if the notice is in a weekly
newspaper, or, if the notice is in a newspaper that is published more
often, that there be at least 7 days from the first to the last day
of publication. The bill instead would require the hearing to be held
not less than 45 and not more than 90 days after the last date of
publication of the notice. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 11011.13 of the  
Government Code   is amended to read: 
   11011.13.  For purposes of Section 11011.15, the following
definitions shall apply:
   (a) "Agency" means  any   a  state
agency, department, division, bureau, board, commission, district
agricultural association, and the California State University.
"Agency" does not mean the Legislature, the University of California,
 the State Lands Commission,  or the Department of
Transportation.
   (b) "Fully utilized" means that 100 percent of the property is
being appropriately utilized by a program of an agency every business
day of the year.
   (c) "Partially utilized" means one or more of the following:
   (1) Less than 100 percent of the property is appropriately
utilized by a program of an agency.
   (2) The property is not used every business day of the year by an
agency.
   (3) The property is used by other nonstate governmental entities
or private parties.
   (d) "Excess land" means property that is no longer needed for
either an existing or ongoing state program or a function of an
agency.
   SEC. 2.    Section 11011.19 is added to the 
 Government Code   , to read:  
   11011.19.  (a) The State Lands Commission, by July 1, 2011, shall
furnish to the Department of General Services a record of each parcel
of real property that it possesses that is not already being tracked
by the statewide property inventory database. This furnishing
requirement shall not apply to public trust lands. The record shall
be furnished by the State Lands Commission to the Department of
General Services in a uniform format specified by the Department of
General Services. The Department of General Services shall consult
with the State Lands Commission on the development of the uniform
format. The State Lands Commission shall update its record of these
real property holdings, reflecting any changes, by July 1 of each
year. Except as provided in subdivision (b), the record shall include
all of the following information:
   (1) The location of the property within the state and county, the
size of the property, including its acreage, and any other relevant
property data.
   (2) The date of acquisition of the real property, if available.
   (3) The manner in which the property was acquired and the purchase
price, if available.
   (4) A description of the current uses of the property and any
projected future uses, if available.
   (5) A concise description of each major structure on the property.

   (b) For school lands held in trust by the State Lands Commission,
the record shall include the location of the property within the
state and county and the size of the property, including its acreage.

   SEC. 3.    Section 6009 is added to the  
Public Resources Code   , to read:  
   6009.  The Legislature finds and declares all of the following:
   (a) Upon admission to the United States, and as incident of its
sovereignty, California received title to the tidelands, submerged
lands, and beds of navigable lakes and rivers within its borders, to
be held subject to the public trust for statewide public purposes,
including commerce, navigation, fisheries, and other recognized uses,
and for preservation in their natural state.
   (b) The state's power and right to control, regulate, and utilize
its tidelands and submerged lands when acting within the terms of the
public trust is absolute.
   (c) Tidelands and submerged lands granted by the Legislature to
local entities remain subject to the public trust, and remain subject
to the oversight authority of the state by and through the State
Lands Commission.
   (d) Grantees are required to manage the state's tidelands and
submerged lands consistent with the terms and obligations of their
grants and the public trust, without subjugation of statewide
interests, concerns, or benefits to the inclination of local or
municipal affairs, initiatives, or excises.
   (e) The purposes and uses of tidelands and submerged lands is a
statewide concern. 
   SEC. 4.    The addition of Section 6009 to the Public
Resources Code by Section 3 of this act does not constitute a change
in, but is declaratory of, existing law.  
  SECTION 1.    Section 5002.3 of the Public
Resources Code is amended to read:
   5002.3.  (a) A public hearing shall be scheduled by the State Park
and Recreation Commission to consider each matter of classification
or reclassification of a unit and of approval of the department's
general plan for a unit. Notice of the hearing shall be posted in
plain sight at one or more places within the affected unit, published
in one or more newspapers of general circulation in each county
within which the affected unit is located, and mailed to every person
who has filed a request for notice of the hearing with the
commission. If the notice of hearing is published in a weekly
newspaper, it shall appear therein on at least three different days
of publication; and if in a newspaper published more often, there
shall be at least seven days from the first to the last day of
publication, both days included. The content of the notice of hearing
shall substantially comply with the requirements of Section 11346.5
of the Government Code.
   (b) Copies of the department's inventory of features, in the case
of a hearing on classification or reclassification, or copies of the
department's general plan, in the case of a hearing on approval of
the plans, shall be made available to the public at the department's
appropriate regional and district offices on the last date of
publication of the notice.
   (c) The hearing shall be held by the commission in, or within a
radius of 100 miles of, the City of San Diego, Los Angeles, San
Francisco, San Bernardino, Eureka, Redding, Fresno, Ukiah, Monterey,
San Luis Obispo, Santa Barbara, or Sacramento, whichever is closest
to the unit affected, not less than 45 days, nor more than 90 days,
after the last date of publication of the notice. The hearing shall
be conducted in the manner specified in Section 11346.8 of the
Government Code. The vote of each individual member of the commission
on each matter of classification or reclassification and of approval
of the department's general plan shall be recorded when the final
decision of the commission is announced.