Bill Text: CA SB152 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Public lands: general leasing law: littoral landowners.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-08 - Chaptered by Secretary of State. Chapter 585, Statutes of 2011. [SB152 Detail]

Download: California-2011-SB152-Amended.html

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BILL NUMBER: SB 152	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 10, 2011

INTRODUCED BY   Senator Pavley

                        FEBRUARY 1, 2011

   An act to repeal  and add  Section 6503.5 of the Public
Resources Code, and to repeal Section 2 of Chapter 431 of the
Statutes of 1977, relating to public lands.


	LEGISLATIVE COUNSEL'S DIGEST

F   SB 152, as amended, Pavley. Public lands: general leasing law:
littoral landowners. 
   Existing law authorizes the leasing of lands owned by the state
and under the jurisdiction of the State Lands Commission for purposes
the commission deems advisable. Existing law requires the commission
to appraise lands and fix the annual rent or other consideration
upon receipt of an application to lease the land.  
   This bill would require the commission to charge rent for a
private recreational pier constructed on state lands and would
require the rent to be based on local conditions and local fair
annual rental values. The bill would except from this requirement a
lease in effect on January 1, 2012, for the term of that lease. 
F   Existing law prohibits rent from being charged for a private
recreational pier, as defined, constructed on state lands for the use
of a littoral landowner, as defined. Existing law requires the
littoral landowner to pay  to the State Lands Commission
 the commission's expenses in issuing a lease or permit for
the state lands.
   This bill would repeal this law.
   Existing law makes legislative findings concerning the
construction and maintenance of private recreational piers on state
waterways, declares legislative intent to provide for rent free
private recreational piers to encourage members of the public to
construct these piers, and states that these findings and intent are
declaratory of existing law.
   This bill would repeal those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
F   SECTION 1.    The Legislature finds and declares the
following:  
   (a) As provided by existing law, including Sections 6005 and
6501.1 of the Public Resources Code, the commission may lease state
lands to private individuals and others for various purposes,
including for the construction of a private recreational pier when
the State Lands Commission determines the use is consistent with
public trust needs and is in the best interests of the state. 

   (b) The use of state-owned lands for a private recreational pier
is not a property right for littoral or riparian landowners, but a
privilege granted by the State Lands Commission on behalf of the
state.  
   (c) It is the intent of the Legislature to allow the State Lands
Commission to charge fair annual rent for the use of state lands for
private recreational piers, consistent with existing regulations in
Title 2 of Division 3 of Chapter 1 of the California Code of
Regulations. 
   SECTION 1.   SEC. 2.   Section 6503.5 of
Fthe Public Resources Code is repealed.   SEC. 3.    Section 6503.5 is added to the  
Public Resources Code   , to read:  
   6503.5.  (a) Consistent with Section 6503, the commission shall
charge rent for a private recreational pier constructed on state
lands. Rent shall be based on local conditions and local fair annual
rental values.
   (b) Subdivision (a) does not apply to a lease in effect on January
1, 2012, for the term of that lease. If a lease in effect on January
1, 2012, expires or is otherwise terminated, the commission shall
include fair annual rent provisions pursuant to subdivision (a) in
the new lease contract. 
   SEC. 2.   SEC. 4.   Section 2 of Chapter
431 of the Statutes of 1977 is repealed.