Bill Text: CA AB1706 | 2023-2024 | Regular Session | Amended
Bill Title: Public trust lands: Encinal Terminals public trust lands: City of Alameda.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-07-27 - Chaptered by Secretary of State - Chapter 130, Statutes of 2023. [AB1706 Detail]
Download: California-2023-AB1706-Amended.html
Amended
IN
Assembly
March 16, 2023 |
Introduced by Assembly Member Bonta (Coauthor: Senator Skinner) |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Under existing law, known as the public trust doctrine, the state has title as trustee to all tidelands and navigable lakes and streams and is charged with preserving these waterways for navigation, commerce, and fishing, as well as for scientific study, recreation, and as an open space and habitat for birds and marine life. Existing law establishes the State Lands Commission in the Natural Resources Agency. Existing law provides that the commission has exclusive jurisdiction over all ungranted tidelands and submerged lands owned by the state. Existing law authorizes the commission to enter into an exchange, with any person or any private or public entity, of filled or reclaimed tide and submerged lands or beds of navigable waterways, or interests in these lands, that are subject to the public trust for commerce, navigation, and fisheries, for other lands or interests in lands, if the
commission finds that specified conditions are met.
This bill would provide that it is the intent of the Legislature to enact future legislation that would authorize the commission to transfer specific public trust lands to the City of Alameda.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
For purposes of this act, the following terms apply:SEC. 3.
The commission is authorized to convey to the city, in trust, and the city is authorized to accept, any lands to be exchanged into the trust pursuant to an exchange agreement to which the city is a party. Upon conveyance of any such lands to the city in accordance with the exchange agreement, the lands shall be deemed included in the grant described in the granting act and shall be held by the city in trust, subject to the terms and conditions of the granting act and the common law public trust doctrine.SEC. 4.
The Encinal Terminals public trust lands are hereby granted to the city in trust, effective upon their conveyance to the city pursuant to Section 3 of this act and in accordance with the terms and conditions of the Encinal Terminals exchange agreement, to be held by the city subject to the terms and conditions of the granting act and the public trust doctrine.SEC. 5.
PRINTER PLEASE NOTE: TIP-IN MATERIAL TO BE INSERTEDSEC. 6.
If the conveyances authorized in the Encinal Terminals exchange agreement have not been completed within the term of the Encinal Terminals exchange agreement, the commission shall notify the appropriate committees of the Legislature and explain why the conveyances did not proceed. The commission shall also post that information on its internet website.SEC. 7.
(a) An exchange agreement shall be conclusively presumed to be valid unless held to be invalid in an appropriate proceeding in a court of competent jurisdiction to determine the validity of such agreement commenced within one year after the recording of the exchange agreement, or, if the exchange agreement was recorded more than 10 months before January 1, 2024, within 60 days after January 1, 2024.SEC. 8.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the development of property previously granted to the City of Alameda pursuant to the granting act.SEC. 9.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.It is the intent of the Legislature to enact future legislation that would authorize the State Lands Commission to transfer specific public trust lands to the City of Alameda.