Bill Text: CA SB1350 | 2009-2010 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Lands: records and uses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 330, Statutes of 2010. [SB1350 Detail]

Download: California-2009-SB1350-Enrolled.html

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BILL NUMBER: SB 1350	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 27, 2010
	PASSED THE ASSEMBLY  AUGUST 26, 2010
	AMENDED IN SENATE  APRIL 19, 2010
	AMENDED IN SENATE  MARCH 24, 2010

INTRODUCED BY   Senator Kehoe

                        FEBRUARY 19, 2010

   An act to amend Section 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 public lands.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1350, Kehoe. 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 occurring by December 31 of the
previous year, by July 1 of each year.
   The bill also would include legislative findings and declarations
regarding public trust lands.


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 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 occurring by December
31 of the previous year, 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.