BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 425|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 425
Author: Campbell (R), et al
Amended: 6/24/04 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 6/22/04
AYES: Vincent, Johnson, Battin, Brulte, Cedillo, Chesbro,
Dunn, Karnette, Machado, Margett, Morrow, Murray, Soto
SUBJECT : City of Newport Beach: public trust lands
SOURCE : Author
DIGEST : This bill allows for increased flexibility of
the management of the Upper Newport Bay Ecological Reserve,
as well as, the tide and submerged lands granted to the
City of Newport Beach and the County of Orange,
respectively, in particular to acquisitions, improvements
and the transfer of trust lands between the City and County
and vice versa.
Senate Floor Amendments of 6/24/04 make a technical
one-digit change to reference the correct land title
records of the County of Orange.
ANALYSIS : Existing law:
The State Lands Commission (SLC), comprised of the
Lieutenant Governor, the State Controller, and the State
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Director of Finance, was established in 1938 with authority
detailed in Division 6 of the California Public Resources
Code.
The SLC is the state agency that manages and protects the
state's tide and submerged lands. The SLC is required to
carry out its responsibility consistent with the public
trust doctrine which provides that tide and submerged lands
are reserved for uses associated with commerce, fishing,
navigation, recreation and the environment.
Existing law authorizes the SLC to exchange interests in
lands no longer needed for public trust purposes for lands
of equal value and to extinguish the public trust in those
lands.
Existing law grants in trust to the City of Newport Beach
all tide and submerged lands, filled or unfilled, within
the corporate limits of the City.
Existing law authorizes the City of Newport Beach to
acquire or improve real property to enhance the public
trust lands administered by the Department of Fish and Game
pursuant to Chapter 415, Statutes of 1975.
Existing law authorized the City of Newport Beach to
establish the Upper Newport Restoration Fund and expend
money from the Fund for Upper Newport Bay environmental
restoration and improvement on tide and submerged lands.
This bill:
1.States legislative intent to authorize the trustees, the
County of Orange, and the City of Newport Beach to expend
revenues generated from public trust lands that the
county and city hold pursuant to existing law on certain
described lands.
2.Authorizes the City of Newport Beach to acquire or
improve any real property for the purpose of enhancing
the Upper Newport Bay Ecological Reserve.
3.Authorizes the expenditure of money from the Upper
Newport Bay Restoration Fund for environmental
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restoration or improvements on any lands within Upper
Newport Bay or as otherwise authorized by, or in
furtherance of the public trust.
4.Authorizes the City of Newport Beach, upon formal
concurrence of the State Lands Commission, to transfer
certain lands, dedicated by the City as public trust
lands, to the County of Orange, to be held in trust by
the County pursuant to the terms of Chapter 415, Statutes
of 1975.
5.Provides that certain lands owned and dedicated as public
trust lands by the County of Orange are accepted as
assets of the public trust and are to be held in trust
pursuant to Chapter 415, Statutes of 1975.
6.Authorizes the County of Orange, upon formal concurrence
of the State Lands Commission, to transfer trust lands,
held pursuant to Chapter 526, Statutes of 1919, to the
City of Newport Beach, to be held in trust pursuant to
Chapter 74, Statutes of 1978, as amended.
7.Authorizes the City of Newport Beach, upon formal
concurrence of the State Lands Commission, to transfer
trust lands, held pursuant to Chapter 74, Statutes of
1978, to the County of Orange, to be held in trust
pursuant to Chapter 526, Statutes of 1919, as amended.
Legislative history
City of Newport Beach : Pursuant to Chapter 74, Statutes of
1978, as amended by Chapter 317, Statutes of 1997, the
Legislature granted, in trust, to the City of Newport Beach
(City) all tide and submerged lands, filled or unfilled,
within the corporate limits of the City. Chapter 74,
Statutes of 1978 authorized the City to transfer portions
of lands conveyed by that act to the State Lands Commission
(SLC), which in turn leases those lands to the Department
of Fish and Game (DFG) for the Upper Newport Bay Ecological
Reserve. Chapter 317, Statutes of 1997, further authorized
the City to acquire or improve real property for the
purpose of enhancing public trust lands administered by the
DFG pursuant to Chapter 415, Statutes of 1975. In
addition, Chapter 317, Statutes of 1997 authorized the City
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to establish the Upper Newport Bay Restoration Fund. This
act allowed for money within the fund to be used by the
City for environmental restoration and improvement on tide
and submerged lands within Upper Newport Bay.
County of Orange : Pursuant to Chapter 526, Statutes of
1919, as amended by Chapter 415, Statutes of 1975, the
Legislature granted, in trust, to the County of Orange
(County) all tide and submerged lands, filled or unfilled,
within the County but outside the corporate limits of the
City of Newport Beach. Chapter 415, Statutes of 1975,
requires that the SLC and the County provide certain
described lands to the DFG for the establishment of the
Upper Newport Bay Ecological Reserve.
Department of Fish and Game : The Upper Newport Bay
Ecological Reserve has been established as an ecological
reserve under the provisions of Article 4 of Chapter 5 of
Division 2 of the Fish and Game Code.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/23/04)
City of Newport Beach
County of Orange
ARGUMENTS IN SUPPORT : This bill is intended to provide
the City of Newport Beach and the County of Orange
increased flexibility in the management of granted tide and
submerged lands, which in turn would benefit the management
of the Upper Newport Bay Ecological Reserve by providing
more resources for acquisition, restoration and
improvement. This measure would maintain approval
discretion over conveyances of trust lands with the State
Lands Commission.
TSM:nl 6/28/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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