BILL NUMBER: SB 833	CHAPTERED
	BILL TEXT

	CHAPTER  208
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 10, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2009
	AMENDED IN ASSEMBLY  AUGUST 31, 2009
	AMENDED IN ASSEMBLY  AUGUST 17, 2009
	AMENDED IN ASSEMBLY  JUNE 26, 2009
	AMENDED IN ASSEMBLY  JUNE 17, 2009

INTRODUCED BY   Committee on Natural Resources and Water (Senators
Pavley (Chair), Benoit, Cogdill, Hollingsworth, Huff, Kehoe, Leno,
Padilla, Simitian, Wiggins, and Wolk)

                        APRIL 15, 2009

   An act to amend Sections 51177 and 51182 of the Government Code,
to amend Sections 2772.7, 4291, 5096.518, 5097.98, and 30716 of the
Public Resources Code, to amend Sections 7 and 12 of Chapter 543 of
the Statutes of 2004, and to amend Sections 1 and 15 of Chapter 660
of the Statutes of 2007, relating to natural resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 833, Committee on Natural Resources and Water. Natural
resources: mining: conservation lands: Native American historical
sites: tidelands and submerged lands.
   (1) Existing law requires that a person who owns, leases,
controls, operates, or maintains an occupied dwelling or occupied
structure in, upon, or adjoining a mountainous area, forest-covered
land, brush-covered land, grass-covered land, or land that is covered
with flammable material that is within a very high fire hazard
severity zone, as designated by a local agency, shall maintain a
defensible space of no greater than 100 feet from each side of the
structure.
   Existing law requires that a person who owns, leases, controls,
operates, or maintains a building or structure in, upon, or adjoining
a mountainous area, forest-covered land, brush-covered land,
grass-covered land, or land that is covered with flammable material,
within a state responsibility area, maintain a defensible space of no
greater than 100 feet from each side of the structure. A violation
of these provisions is a crime.
   This bill would instead require the person described above to
maintain a defensible space of 100 feet from each side and from the
front and rear of the structure. The bill would also revise the
definition of "fuel" for the purposes of fuels management. Because
the bill would change the definition of a crime, it would impose a
state-mandated local program.
   (2) The Surface Mining and Reclamation Act of 1975 prohibits a
person from conducting surface mining operations without obtaining a
permit from the lead agency for those operations, and submitting and
receiving approval for a reclamation plan and financial assurances
from the lead agency. Existing law requires a lead agency, upon
approval of a reclamation plan or an amendment to a reclamation plan,
to record a "Notice of Reclamation Plan Approval" with the county
recorder.
   This bill would require that notice to include the name of the
owner of record of the mine operation, the name of the lead agency,
and the acknowledged signature of the lead agency representative.
   (3) Under existing law, for a charitable contribution claimed by a
seller on certain conservation lands acquired using state funds, the
seller is required to attach to his or her personal income tax
return a copy of an appraisal of the charitable contribution, as
described.
   This bill would, instead, require the seller to attach to his or
her income tax return a copy of the appraisal of the charitable
contribution relied on by the acquisition agency.
   (4) Existing law establishes the Native American Heritage
Commission. Existing law requires the commission, once it receives
notification of Native American human remains from a county coroner,
to notify the most likely descendants, and the descendants, with
permission of the landowner, may inspect the site and recommend
appropriate dignified disposition of the human remains and grave
goods. Existing law requires, when the commission is unable to
identify descendants, the descendants fail to make a recommendation,
or other specified circumstances occur, that the landowner reinter
the human remains, and perform at least one of 3 activities to
protect the site, including record a document with the county in
which the property is located.
   This bill would require that the document be titled "Notice of
Reinterment of Native American Remains" and include a legal
description of the property, the name of the owner of the property,
and the owner's acknowledged signature.
   (5) The California Coastal Act of 1976 provides for the
certification of port master plans by the California Coastal
Commission. The act requires amendments to a port master plan to be
submitted to the commission for approval and provides for a special
procedure for the designation and approval of amendments to a port
master plan that are de minimis.
   This bill would revise the procedure for setting a public hearing
or returning the proposed amendment if 3 members of the commission
object to the executive director's determination that the proposed
amendment is de minimis.
   (6) The Treasure Island Public Trust Exchange Act authorizes the
State Lands Commission to approve an exchange of public trust lands
within the Treasure Island Development Authority property, whereby
certain trust lands on Treasure Island that meet specified criteria
and are not useful for public trust purposes are freed from the
public trust and may be conveyed into private ownership, and certain
other lands on Yerba Buena Island that are not public trust lands and
that are useful for public trust purposes are made subject to the
public trust. Among other requirements for approval, the commission
is required to find that sufficient building height limitations are
in place to ensure that views from public areas at Yerba Buena Island
are not obstructed.
   This bill would instead require a finding that sufficient building
height limitations are in place to ensure that development on Yerba
Buena Island will not significantly obstruct certain views, as of
January 1, 2010, from the proposed trust lands on the eastern and
western hilltop public park areas on Yerba Buena Island.
   The bill would also revise the diagram of lands that is part of
the act.
   (7) Existing law grants to the City and County of San Francisco
the right, title, and interest of the State of California in and to
certain tidelands and submerged lands in trust for certain purposes.
Under existing law, the Burton Act and the Burton Act transfer
agreement, the interest of the state in and to the Harbor of San
Francisco was transferred in trust to the City and County of San
Francisco. The State Lands Commission has jurisdiction over tidelands
and submerged lands of the state.
   Existing law authorizes the City and County of San Francisco to
lease, sell, or otherwise transfer all or any portion of certain
tidelands and submerged lands constituting "paper streets" in the
City and County of San Francisco to any person, as defined, free of
the public trust and of any additional restrictions on use or
transfer created by the Burton Act or Burton Act transfer agreement
upon a finding and declaration of specified conditions by the State
Lands Commission.
   This bill would revise certain descriptions of those paper
streets.
   Existing law declares, until January 1, 2094, that certain parcels
of real property denominated as the designated seawall lots, subject
to certain specified conditions, are free from the use requirements
of the public trust, the Burton Act trust, and the Burton Act
transfer agreement. The San Francisco Port Commission is authorized
to lease all or a portion of the designated seawall lots provided
that specified conditions are met.
   This bill would revise those provisions to include a map of those
designated seawall lots.
   (8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  Section 51177 of the Government Code is amended to
read:
   51177.  As used in this chapter:
   (a) "Defensible space" means the area adjacent to a structure or
dwelling where wildfire prevention or protection practices are
implemented to provide defense from an approaching wildfire or to
minimize the spread of a structure fire to wildlands or surrounding
areas.
   (b) "Director" means the Director of Forestry and Fire Protection.

   (c) "Fuel" means any combustible material, including
petroleum-based products and wildland fuels.
   (d) "Fuel management" means the act or practice of controlling
flammability and reducing resistance to control of fuels through
mechanical, chemical, biological, or manual means or by fire, in
support of land management objectives.
   (e) "Local agency" means a city, county, city and county, or
district responsible for fire protection within a very high fire
hazard severity zone.
   (f) "Single specimen tree" means any live tree that stands alone
in the landscape so as to be clear of buildings, structures,
combustible vegetation, or other trees, and that does not form a
means of rapidly transmitting fire from the vegetation to an occupied
dwelling or structure or from an occupied dwelling or structure to
vegetation.
   (g) "State responsibility areas" means those areas identified
pursuant to Section 4102 of the Public Resources Code.
   (h) "Vegetation" means all plants, including trees, shrubs, grass,
and perennial or annual plants.
   (i) "Very high fire hazard severity zone" means an area designated
by the director pursuant to Section 51178 that is not a state
responsibility area.
   (j) "Wildfire" means an unplanned, unwanted wildland fire,
including unauthorized human-caused fires, escaped wildland fire use
events, escaped prescribed fire projects, and all other wildland
fires where the objective is to extinguish the fire.
  SEC. 2.  Section 51182 of the Government Code is amended to read:
   51182.  (a) A person who owns, leases, controls, operates, or
maintains an occupied dwelling or occupied structure in, upon, or
adjoining a mountainous area, forest-covered land, brush-covered
land, grass-covered land, or land that is covered with flammable
material, which area or land is within a very high fire hazard
severity zone designated by the local agency pursuant to Section
51179, shall at all times do all of the following:
   (1) Maintain defensible space of 100 feet from each side and from
the front and rear of the structure, but not beyond the property line
except as provided in paragraph (2). The amount of fuel modification
necessary shall take into account the flammability of the structure
as affected by building material, building standards, location, and
type of vegetation. Fuels shall be maintained in a condition so that
a wildfire burning under average weather conditions would be unlikely
to ignite the structure. This paragraph does not apply to single
specimens of trees or other vegetation that are well-pruned and
maintained so as to effectively manage fuels and not form a means of
rapidly transmitting fire from other nearby vegetation to a structure
or from a structure to other nearby vegetation. The intensity of
fuels management may vary within the 100-foot perimeter of the
structure, the most intense being within the first 30 feet around the
structure. Consistent with fuels management objectives, steps should
be taken to minimize erosion.
   (2) A greater distance than that required under paragraph (1) may
be required by state law, local ordinance, rule, or regulation.
Clearance beyond the property line may only be required if the state
law, local ordinance, rule, or regulation includes findings that the
clearing is necessary to significantly reduce the risk of
transmission of flame or heat sufficient to ignite the structure, and
there is no other feasible mitigation measure possible to reduce the
risk of ignition or spread of wildfire to the structure. Clearance
on adjacent property shall only be conducted following written
consent by the adjacent landowner.
   (3) An insurance company that insures an occupied dwelling or
occupied structure may require a greater distance than that required
under paragraph (1) if a fire expert, designated by the fire chief or
fire official from the authority having jurisdiction, provides
findings that the clearing is necessary to significantly reduce the
risk of transmission of flame or heat sufficient to ignite the
structure, and there is no other feasible mitigation measure possible
to reduce the risk of ignition or spread of wildfire to the
structure. The greater distance may not be beyond the property line
unless allowed by state law, local ordinance, rule, or regulation.
   (4) Remove that portion of a tree that extends within 10 feet of
the outlet of a chimney or stovepipe.
   (5) Maintain a tree, shrub, or other plant adjacent to or
overhanging a building free of dead or dying wood.
   (6) Maintain the roof of a structure free of leaves, needles, or
other vegetative materials.
   (7) Prior to constructing a new dwelling or structure that will be
occupied or rebuilding an occupied dwelling or occupied structure
damaged by a fire in that zone, the construction or rebuilding of
which requires a building permit, the owner shall obtain a
certification from the local building official that the dwelling or
structure, as proposed to be built, complies with all applicable
state and local building standards, including those described in
subdivision (b) of Section 51189, and shall provide a copy of the
certification, upon request, to the insurer providing course of
construction insurance coverage for the building or structure. Upon
completion of the construction or rebuilding, the owner shall obtain
from the local building official, a copy of the final inspection
report that demonstrates that the dwelling or structure was
constructed in compliance with all applicable state and local
building standards, including those described in subdivision (b) of
Section 51189, and shall provide a copy of the report, upon request,
to the property insurance carrier that insures the dwelling or
structure.
   (b) A person is not required under this section to manage fuels on
land if that person does not have the legal right to manage fuels,
nor is a person required to enter upon or to alter property that is
owned by any other person without the consent of the owner of the
property.
   (c) The Department of Forestry and Fire Protection shall develop,
periodically update, and post on its Internet Web site a guidance
document on fuels management pursuant to this chapter. Guidance shall
include, but not be limited to, regionally appropriate vegetation
management suggestions that preserve and restore native species,
minimize erosion, minimize water consumption, and permit trees near
homes for shade, aesthetics, and habitat; and suggestions to minimize
or eliminate the risk of flammability of nonvegetative sources of
combustion such as woodpiles, propane tanks, decks, and outdoor lawn
furniture.
  SEC. 3.  Section 2772.7 of the Public Resources Code is amended to
read:
   2772.7.  (a) A lead agency, upon approval of a reclamation plan or
an amendment to a reclamation plan, shall record a "Notice of
Reclamation Plan Approval" with the county recorder. The notice shall
read: "Mining operations conducted on the hereinafter described real
property are subject to a reclamation plan approved by the ____
(lead agency), a copy of which is on file with the ____."
   (b) In addition to the information required by subdivision (a),
the notice shall also include the name of the owner of record of the
mine operation, the name of the lead agency, and the acknowledged
signature of the lead agency representative.
  SEC. 4.  Section 4291 of the Public Resources Code is amended to
read:
   4291.  (a) A person who owns, leases, controls, operates, or
maintains a building or structure in, upon, or adjoining a
mountainous area, forest-covered lands, brush-covered lands,
grass-covered lands, or land that is covered with flammable material,
shall at all times do all of the following:
   (1) Maintain defensible space of 100 feet from each side and from
the front and rear of the structure, but not beyond the property line
except as provided in paragraph (2). The amount of fuel modification
necessary shall take into account the flammability of the structure
as affected by building material, building standards, location, and
type of vegetation. Fuels shall be maintained in a condition so that
a wildfire burning under average weather conditions would be unlikely
to ignite the structure. This paragraph does not apply to single
specimens of trees or other vegetation that are well-pruned and
maintained so as to effectively manage fuels and not form a means of
rapidly transmitting fire from other nearby vegetation to a structure
or from a structure to other nearby vegetation. The intensity of
fuels management may vary within the 100-foot perimeter of the
structure, the most intense being within the first 30 feet around the
structure. Consistent with fuels management objectives, steps should
be taken to minimize erosion. For the purposes of this paragraph,
"fuel" means any combustible material, including petroleum-based
products and wildland fuels.
   (2) A greater distance than that required under paragraph (1) may
be required by state law, local ordinance, rule, or regulation.
Clearance beyond the property line may only be required if the state
law, local ordinance, rule, or regulation includes findings that the
clearing is necessary to significantly reduce the risk of
transmission of flame or heat sufficient to ignite the structure, and
there is no other feasible mitigation measure possible to reduce the
risk of ignition or spread of wildfire to the structure. Clearance
on adjacent property shall only be conducted following written
consent by the adjacent landowner.
   (3) An insurance company that insures an occupied dwelling or
occupied structure may require a greater distance than that required
under paragraph (1) if a fire expert, designated by the director,
provides findings that the clearing is necessary to significantly
reduce the risk of transmission of flame or heat sufficient to ignite
the structure, and there is no other feasible mitigation measure
possible to reduce the risk of ignition or spread of wildfire to the
structure. The greater distance may not be beyond the property line
unless allowed by state law, local ordinance, rule, or regulation.
   (4) Remove that portion of a tree that extends within 10 feet of
the outlet of a chimney or stovepipe.
   (5) Maintain a tree, shrub, or other plant adjacent to or
overhanging a building free of dead or dying wood.
   (6) Maintain the roof of a structure free of leaves, needles, or
other vegetative materials.
   (7) Prior to constructing a new building or structure or
rebuilding a building or structure damaged by a fire in an area
subject to this section, the construction or rebuilding of which
requires a building permit, the owner shall obtain a certification
from the local building official that the dwelling or structure, as
proposed to be built, complies with all applicable state and local
building standards, including those described in subdivision (b) of
Section 51189 of the Government Code, and shall provide a copy of the
certification, upon request, to the insurer providing course of
construction insurance coverage for the building or structure. Upon
completion of the construction or rebuilding, the owner shall obtain
from the local building official, a copy of the final inspection
report that demonstrates that the dwelling or structure was
constructed in compliance with all applicable state and local
building standards, including those described in subdivision (b) of
Section 51189 of the Government Code, and shall provide a copy of the
report, upon request, to the property insurance carrier that insures
the dwelling or structure.
   (b) A person is not required under this section to manage fuels on
land if that person does not have the legal right to manage fuels,
nor is a person required to enter upon or to alter property that is
owned by any other person without the consent of the owner of the
property.
   (c) (1) Except as provided in Section 18930 of the Health and
Safety Code, the director may adopt regulations exempting a structure
with an exterior constructed entirely of nonflammable materials, or,
conditioned upon the contents and composition of the structure, the
director may vary the requirements respecting the removing or
clearing away of flammable vegetation or other combustible growth
with respect to the area surrounding those structures.
   (2) An exemption or variance under paragraph (1) shall not apply
unless and until the occupant of the structure, or if there is not an
occupant, the owner of the structure, files with the department, in
a form as the director shall prescribe, a written consent to the
inspection of the interior and contents of the structure to ascertain
whether this section and the regulations adopted under this section
are complied with at all times.
   (d) The director may authorize the removal of vegetation that is
not consistent with the standards of this section. The director may
prescribe a procedure for the removal of that vegetation and make the
expense a lien upon the building, structure, or grounds, in the same
manner that is applicable to a legislative body under Section 51186
of the Government Code.
   (e) The Department of Forestry and Fire Protection shall develop,
periodically update, and post on its Internet Web site a guidance
document on fuels management pursuant to this chapter. Guidance shall
include, but not be limited to, regionally appropriate vegetation
management suggestions that preserve and restore native species,
minimize erosion, minimize water consumption, and permit trees near
homes for shade, aesthetics, and habitat; and suggestions to minimize
or eliminate the risk of flammability of nonvegetative sources of
combustion such as woodpiles, propane tanks, decks, and outdoor lawn
furniture.
   (f) As used in this section, "person" means a private individual,
organization, partnership, limited liability company, or corporation.

  SEC. 5.  Section 5096.518 of the Public Resources Code is amended
to read:
   5096.518.  For a charitable contribution claimed by a seller that
is over five thousand dollars ($5,000) on conservation lands acquired
using state funds, in order to substantiate the amount of the
charitable contribution deduction claimed by the seller pursuant to
Part 10 (commencing with Section 17001) or Part 11 (commencing with
Section 23001) of Division 2 of the Revenue and Taxation Code, both
of the following requirements shall apply:
   (a) The seller shall attach to his or her California income tax
return a copy of the appraisal of the charitable contribution relied
on by the acquisition agency.
   (b) The appraisal attached to the return shall be prepared by an
appraiser licensed by the Office of Real Estate Appraisers pursuant
to Part 3 (commencing with Section 11300) of Division 4 of the
Business and Professions Code and shall comply with the applicable
requirements of the Revenue and Taxation Code and the Internal
Revenue Code for purposes of substantiating the amount of the
contribution for California income and franchise tax purposes and
federal income tax purposes.
  SEC. 6.  Section 5097.98 of the Public Resources Code is amended to
read:
   5097.98.  (a) Whenever the commission receives notification of a
discovery of Native American human remains from a county coroner
pursuant to subdivision (c) of Section 7050.5 of the Health and
Safety Code, it shall immediately notify those persons it believes to
be most likely descended from the deceased Native American. The
descendants may, with the permission of the owner of the land, or his
or her authorized representative, inspect the site of the discovery
of the Native American human remains and may recommend to the owner
or the person responsible for the excavation work means for treatment
or disposition, with appropriate dignity, of the human remains and
any associated grave goods. The descendants shall complete their
inspection and make recommendations or preferences for treatment
within 48 hours of being granted access to the site.
   (b) Upon the discovery of Native American remains, the landowner
shall ensure that the immediate vicinity, according to generally
accepted cultural or archaeological standards or practices, where the
Native American human remains are located, is not damaged or
disturbed by further development activity until the landowner has
discussed and conferred, as prescribed in this section, with the most
likely descendants regarding their recommendations, if applicable,
taking into account the possibility of multiple human remains. The
landowner shall discuss and confer with the descendants all
reasonable options regarding the descendants' preferences for
treatment.
   (1) The descendants' preferences for treatment may include the
following:
   (A) The nondestructive removal and analysis of human remains and
items associated with Native American human remains.
   (B) Preservation of Native American human remains and associated
items in place.
   (C) Relinquishment of Native American human remains and associated
items to the descendants for treatment.
   (D) Other culturally appropriate treatment.
   (2) The parties may also mutually agree to extend discussions,
taking into account the possibility that additional or multiple
Native American human remains, as defined in this section, are
located in the project area, providing a basis for additional
treatment measures.
   (c) For the purposes of this section, "conferral" or "discuss and
confer" means the meaningful and timely discussion and careful
consideration of the views of each party, in a manner that is
cognizant of all parties' cultural values, and where feasible,
seeking agreement. Each party shall recognize the other's needs and
concerns for confidentiality of information provided to the other.
   (d) (1) Human remains of a Native American may be an inhumation or
cremation, and in any state of decomposition or skeletal
completeness.
   (2) Any items associated with the human remains that are placed or
buried with the Native American human remains are to be treated in
the same manner as the remains, but do not by themselves constitute
human remains.
   (e) Whenever the commission is unable to identify a descendant, or
the descendants identified fail to make a recommendation, or the
landowner or his or her authorized representative rejects the
recommendation of the descendants and the mediation provided for in
subdivision (k) of Section 5097.94, if invoked, fails to provide
measures acceptable to the landowner, the landowner or his or her
authorized representative shall reinter the human remains and items
associated with Native American human remains with appropriate
dignity on the property in a location not subject to further and
future subsurface disturbance. To protect these sites, the landowner
shall do one or more of the following:
   (1) Record the site with the commission or the appropriate
Information Center.
   (2) Utilize an open-space or conservation zoning designation or
easement.
   (3) Record a document with the county in which the property is
located. The document shall be titled "Notice of Reinterment of
Native American Remains" and shall include a legal description of the
property, the name of the owner of the property, and the owner's
acknowledged signature, in addition to any other information required
by this section. The document shall be indexed as a notice under the
name of the owner.
   (f) Upon the discovery of multiple Native American human remains
during a ground disturbing land development activity, the landowner
may agree that additional conferral with the descendants is necessary
to consider culturally appropriate treatment of multiple Native
American human remains. Culturally appropriate treatment of the
discovery may be ascertained from a review of the site utilizing
cultural and archaeological standards. Where the parties are unable
to agree on the appropriate treatment measures the human remains and
items associated and buried with Native American human remains shall
be reinterred with appropriate dignity, pursuant to subdivision (e).
   (g) Notwithstanding Section 5097.9, this section, including those
actions taken by the landowner or his or her authorized
representative to implement this section and any action taken to
implement an agreement developed pursuant to subdivision (  l
 ) of Section 5097.94, shall be exempt from the requirements of
the California Environmental Quality Act (Division 13 (commencing
with Section 21000)).
   (h) Notwithstanding Section 30244, this section, including those
actions taken by the landowner or his or her authorized
representative to implement this section and any action taken to
implement an agreement developed pursuant to subdivision (  l
 ) of Section 5097.94, shall be exempt from the requirements of
the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000)).
  SEC. 7.  Section 30716 of the Public Resources Code is amended to
read:
   30716.  (a) A certified port master plan may be amended by the
port governing body, but an amendment shall not take effect until it
has been certified by the commission. Any proposed amendment shall be
submitted to, and processed by, the commission in the same manner as
provided for submission and certification of a port master plan.
   (b) The commission shall, by regulation, establish a procedure
whereby proposed amendments to a certified port master plan may be
reviewed and designated by the executive director of the commission
as being minor in nature and need not comply with Section 30714.
These amendments shall take effect on the 10th working day after the
executive director designates the amendments as minor.
   (c) (1) The executive director may determine that a proposed
certified port master plan amendment is de minimis if the executive
director determines that the proposed amendment would have no impact,
either individually or cumulatively, on coastal resources, is
consistent with the policies of Chapter 3 (commencing with Section
30200), and meets the following criteria:
   (A) The port governing body, at least 21 days prior to the date of
submitting the proposed amendment to the executive director, has
provided public notice, and provided a copy to the commission, which
specifies the dates and places where comments will be accepted on the
proposed amendment, contains a brief description of the proposed
amendment, and states the address where copies of the proposed
amendment are available for public review, by one of the following
procedures:
   (i) Publication, not fewer times than required by Section 6061 of
the Government Code, in a newspaper of general circulation in the
area affected by the proposed amendment. If more than one area will
be affected, the notice shall be published in the newspaper of
largest circulation from among the newspapers of general circulation
in those areas.
   (ii) Posting of the notice by the port governing body both onsite
and offsite in the area affected by the proposed amendment.
   (iii) Direct mailing to the owners and occupants of contiguous
property shown on the latest equalized assessment roll.
   (B) The proposed amendment does not propose any change in land use
or water uses or any change in the allowable use of property.
   (2) At the time that the port governing body submits the proposed
amendment to the executive director, the port governing body shall
also submit to the executive director any public comments that were
received during the comment period provided pursuant to subparagraph
(A) of paragraph (1).
   (3) (A) The executive director shall make a determination as to
whether the proposed amendment is de minimis within 10 working days
from the date of submittal by the local government. If the proposed
amendment is determined to be de minimis, the proposed amendment
shall be noticed in the agenda of the next regularly scheduled
meeting of the commission, in accordance with Section 11125 of the
Government Code, and any public comments forwarded by the port
governing body shall be made available to the members of the
commission.
   (B) If three members of the commission object to the executive
director's determination that the proposed amendment is de minimis,
the proposed amendment shall be set for public hearing in accordance
with the procedures specified in subdivision (a) or, at the request
of the port governing body, returned to the port governing body. If
set for public hearing under subdivision (a), the time requirements
set by this section and Section 30714 shall commence from the date on
which the objection to the de minimis designation was made.
   (C) If three or more members of the commission do not object to
the de minimis determination, the de minimis amendment shall become a
part of the certified port master plan 10 days from the date of the
commission meeting.
   (4) The commission may, after a noticed public hearing, adopt
guidelines to implement this subdivision, which shall be exempt from
review by the Office of Administrative Law and from Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The commission shall file any guidelines
adopted pursuant to this paragraph with the Office of Administrative
Law.
  SEC. 8.  Section 7 of Chapter 543 of the Statutes of 2004, as
amended by Section 20 of Chapter 660 of the Statutes of 2007, is
amended to read:
  Sec. 7.  (a) The commission is authorized to approve an exchange of
trust lands between Treasure Island and Yerba Buena Island that
meets the requirements of this act. Pursuant to this authority, the
commission shall establish appropriate procedures for effectuating
the exchange. The procedures shall include provisions for ensuring
that lands are not exchanged into the trust until either of the
following have occurred:
   (1) All remedial action necessary to protect human health and the
environment with respect to hazardous substances on the land has been
completed as determined by the United States Environmental
Protection Agency, the California Department of Toxics Substances
Control, and the Regional Water Quality Control Board, pursuant to
the Federal Facilities Agreement for the Naval Station Treasure
Island dated September 29, 1992, as amended, and the United States
has provided a warranty in accordance with Section 9620(h)(3)(A) of
Title 42 of the United States Code.
                                                                 (2)
The United States has obtained a warranty deferral, approved by the
Governor in accordance with Section 9620(h)(3)(C) of Title 42 of the
United States Code, involving land for which the commission has
determined to execute a certificate of acceptance of title. Prior to
approving a warranty deferral, the Governor, the California
Department of Toxics Substances Control, and the Regional Water
Quality Control Board shall confer and consult with the commission to
reasonably ensure that the terms of the warranty deferral and
underlying documents and agreements provide sufficient standards and
financial assurances to ensure that the remediation of any affected
trust lands will be completed in a manner consistent with the
intended public trust use of these lands and in a reasonable period
of time.
   (b) The commission shall not approve an exchange of trust lands
pursuant to this act unless it finds all of the following:
   (1) The configuration of trust lands upon completion of the
exchange will do all of the following:
   (A) Not differ significantly from the configuration shown on the
diagram in Section 12 of this act.
   (B) Include all lands within the TIDA property that are presently
below the line of mean high tide and subject to tidal action.
   (C) Consist of lands suitable to be impressed with the public
trust.
   (2) The final layout of streets within the TIDA property will
provide access to the public trust lands and be consistent with the
beneficial use of the public trust lands, including, but not limited
to, roadway access to serve the public along the western shoreline of
Treasure Island.
   (3) The value of the lands to be exchanged into the trust is equal
to or greater than the value of the lands to be exchanged out of the
trust, as the exchange is finally configured and phased. The
commission may take into consideration any uncertainties concerning
whether the lands to be exchanged are currently subject to the public
trust.
   (4) The lands to be taken out of the trust have been filled and
reclaimed, are cut off from access to navigable waters, are no longer
needed or required for the promotion of the public trust, and
constitute a relatively small portion of the tidelands granted by the
state within the city, and the exchange will not result in
substantial interference with trust uses and purposes.
   (5) Sufficient building height limitations are in place to ensure
that development on Yerba Buena Island will not significantly
obstruct views from public hilltop areas on Yerba Buena Island as
framed by structures existing as of January 1, 2010. For the purposes
of this paragraph, "public hilltop areas" means the westernmost
hilltop on Yerba Buena Island, having an elevation of approximately
320 feet, and easternmost hilltop on Yerba Buena Island, having an
elevation of approximately 340 feet. This paragraph does not limit
the authority of a public agency to impose additional or more
stringent height limitations or other requirements relating to the
protection of views in connection with development on Yerba Buena
Island.
   (6) The trustee has approved the exchange and will hold fee title
to all lands to be subject to the trust upon completion of the
exchange.
   (c) Any portion of the Job Corps parcel may be added to or removed
from the trust, all at once or in phases, as part of the exchange
authorized by this act, provided all of the following conditions are
met:
   (1) No Job Corps parcel lands are removed from the trust in
advance of the exchange of lands authorized in subdivision (b) of
this section.
   (2) The commission finds all of the following:
   (A) Any Job Corps parcel lands to be exchanged into the trust will
enhance the configuration of trust lands on Treasure Island.
   (B) Any Job Corps parcel lands to be exchanged out of the trust
have been filled and reclaimed, are cut off from access to navigable
waters, are no longer needed or required for the promotion of the
public trust, and constitute a relatively small portion of the
granted tidelands within the city.
   (C) The inclusion of the Job Corps parcel lands in the exchange
will not result in substantial interference with trust uses and
purposes.
   (D) Any Job Corps parcel lands to be subject to the trust are
accessible from the streets as finally configured within the TIDA
property, consistent with the beneficial use of those lands.
   (E) The cumulative value of all of the TIDA property exchanged
into the trust is equal to or greater than the cumulative value of
all of the TIDA property exchanged out of the trust, after the Job
Corps parcel lands are included in the exchange. The following shall
apply to the determination of cumulative value by the commission:
   (i) For purposes of calculating the value of any lands added to or
removed from the trust in an earlier phase of the exchange, the
commission shall utilize the value of those lands as determined by
the commission at the time of the commission's approval of the
earlier phase, adjusted to account for any apportionment of
development costs pursuant to clause (ii) and adjusted for inflation
in a manner approved by the commission.
   (ii) For purposes of calculating value of the Job Corps parcel
lands to be added to or removed from the trust, the commission shall
apportion to those lands a prorated share of any direct or indirect
development, project requirement, and other costs accepted by the
commission in its valuation of any lands involved in an earlier phase
of the exchange where such costs are for activities or improvements
not borne by the United States that benefit the Job Corps parcel
lands, including, but not limited to, the direct and indirect costs
of shoreline stabilization, environmental remediation,
infrastructure, transportation facilities, and open-space
improvements, adjusted for inflation in a manner approved by the
commission.
   (iii) The commission may take into consideration any uncertainties
concerning whether the Job Corps parcel lands are currently subject
to the trust.
   (F) The trustee will hold fee title to all lands to be subject to
the trust upon completion of the exchange.
   (3) The commission and the trustee have approved the addition of
the Job Corps parcel lands to the exchange.
   (d) The commission shall impose additional conditions on its
approval of the exchange if the commission determines that these
conditions are necessary for the protection of the public trust.
These conditions may include a contribution to the Land Bank Fund,
established pursuant to Division 7 (commencing with Section 8600) of
the Public Resources Code, or exchanging lands into the trust in
addition to those on Yerba Buena Island, if the value of the land
brought into the public trust does not equal or exceed the value of
the land removed from the public trust.
   (e) For purposes of effectuating the exchange authorized by this
act, the commission is authorized to do all of the following:
   (1) Receive and accept on behalf of the state any lands or
interest in lands conveyed to the state by the trustee, including
lands that are now and that will remain subject to the public trust
and the statutory trust.
   (2) Convey to the trustee by patent all of the right, title, and
interest of the state in lands that are to be free of the public
trust and the statutory trust upon completion of the exchange.
   (3) Convey to the trustee by patent all of the right, title, and
interest of the state in lands that are to be subject to the public
trust and the statutory trust and the terms of this act upon
completion of the trust exchange, subject to the terms, conditions,
and reservations as the commission may determine are necessary to
meet the requirements of this act.
   (f) Following the completion of any phase of the trust exchange,
the resulting configuration of trust lands within the TIDA property
shall constitute the "trust property" for purposes of the conversion
act, notwithstanding subdivision (b) of Section 4 of that act.
  SEC. 9.  Section 12 of Chapter 543 of the Statutes of 2004, as
amended by Section 21 of Chapter 660 of the Statutes of 2007, is
amended to read:
  Sec. 12.  The following diagram is a part of this act: [GRAPHIC
INSERT HERE:  SEE PRINTED VERSION OF THE BILL]
  SEC. 10.  Section 1 of Chapter 660 of the Statutes of 2007 is
amended to read:
  Sec. 1.  As used in this act:
   (a) "BCDC" means the San Francisco Bay Conservation and
Development Commission established under Section 66620 of the
Government Code.
   (b) "Burton Act" means Chapter 1333 of the Statutes of 1968, as
amended.
   (c) "Burton Act lands" means those tidelands granted to the city
by the Burton Act.
   (d) "Burton Act Map" means that certain map entitled "MAP OF LANDS
TRANSFERRED IN TRUST TO THE CITY AND COUNTY OF SAN FRANCISCO,"
recorded in Book W of Maps, Page 66, of the City and County of San
Francisco Recorder's Office.
   (e) "Burton Act transfer agreement" means that certain agreement
dated January 24, 1969, between the state and the city, relating to
the transfer of the Port of San Francisco from the state to the city,
and any amendments to that agreement in accordance with its terms.
   (f) "Burton Act trust" means the statutory trust imposed by the
Burton Act, by which the state conveyed to the city, in trust and
subject to certain terms, conditions, and reservations, the state's
interest in certain tidelands, including filled lands, and lands
dedicated or acquired by the city as assets of the trust.
   (g) "Capital plan" means the plan developed by the port dated
February 2007, as may be amended from time to time, identifying
projects to improve the infrastructure and buildings on trust lands
on the San Francisco waterfront, including preservation of and
structural repairs and improvements to historic piers, and the
construction of public access within and around historic piers.
   (h) "City" means the City and County of San Francisco, a charter
city and county.
   (i) "Commission" means the State Lands Commission.
   (j) "Designated seawall lot" or "designated seawall lots" means
any or all of the parcels of real property located in the city
commonly known as seawall lots 328, 330, 337, and 347S, including a
portion of Mission Rock Street, as shown on that certain map entitled
"designated seawall lots," which is reproduced in Section 15 and is
on file with the commission and the port.
   (k) "Harbor fund" means the separate fund in the treasury of the
city established and maintained in accordance with Section B6.406 of
the charter of the city and Section 4 of the Burton Act.
   (l) "Historic pier" means any of the piers, marginal wharves, pier
sheds, bulkhead buildings, and other buildings and structures in the
San Francisco waterfront between and including Pier 48 and Pier 45
that have been included in the Port of San Francisco Embarcadero
Historic District and that either are individually listed or eligible
for listing on the National Register of Historic Places; or have
been designated as, or meet the standards for, resources contributing
to the historic significance of the Port of San Francisco
Embarcadero Historic District under federal law.
   (m) "Historic structure" means any building, structure, or other
facility that is located on port property and either is individually
listed or eligible for listing on the National Register of Historic
Places; or has been designated as, or meets the standards for, a
resource contributing to the historic significance of a national
register listed or eligible for listing as a historic district under
federal law.
   (n) "Lease" means a ground lease or space lease of real property,
license agreement for use of real property, temporary easement,
right-of-way agreement, development agreement, or any other agreement
granting to any person any right to use, occupy, or improve real
property under the jurisdiction of the port.
   (o) "McAteer-Petris Act" means Title 7.2 (commencing with Section
66000) of the Government Code.
   (p) "Paper street" or "paper streets" means any or all of those
areas of real property, located in the city, consisting of certain
portions of lands designated as streets on the Burton Act Map, and
more particularly described as follows:
   (1) That portion of Daggett Street lying between the easterly
prolongation of the northerly line of Sixteenth Street and the
southeasterly prolongation of the southwesterly line of Seventh
Street.
   (2) That portion of Texas Street lying between the easterly
prolongation of the southerly line of Sixteenth Street and the Pueblo
Line of 1883, as shown on Sheet 4 of the Burton Act Map.
   (3) That portion of Custer Avenue lying southerly of a line
parallel with, and distant 100 feet landward, from the mean High
Water Line of San Francisco Bay.
   (4) That portion of Evans Avenue adjacent to block 77 as shown on
Sheet 6 of the Burton Act Map lying easterly and northerly of the
Line of Ordinary High Tide of 1868-1869 as shown on Sheet 6 of the
Burton Act Map, and westerly of a line parallel with, and distant 100
feet landward, from the mean High Water Line of San Francisco Bay.
   (5) That portion of Davidson Avenue lying easterly of the Line of
Ordinary High Tide of 1868-1869 as shown on Sheet 6 of the Burton Act
Map, and westerly of a line parallel with, and distant 100 feet
landward, from the mean High Water Line of San Francisco Bay.
   (6) That portion of Ingalls Street lying southerly of the westerly
prolongation of the southerly line of Custer Avenue, northeasterly
of the Ordinary High Tide Line of 1868-1869, and southeasterly of a
line parallel with, and distant 100 feet landward, from the mean High
Water Line of San Francisco Bay.
   (7) Subject to approval by the commission, any portion of former
Arthur Avenue lying southwesterly of the southwesterly line of Cargo
Way, as dedicated on November 10, 1978, by Resolution Number 834-78
of the Board of Supervisors of the city, and as shown on Map T-27-85
on file in the office of the County Surveyor of the city, lying
easterly of the easterly line of Third Street, abutting Assessor
Parcel Numbers 5203-023, 5203-025, 5203-038, 5203-046, 5203-047,
5203-048, 5203-049, 5203-050, 5203-051, 5203-052, 5203-053, 5203-054,
5203-055, 5203-056, and 5203-057, inclusive, and Assessor Parcel
Number 4570-019, excepting therefrom that portion thereof lying
between the northeasterly prolongations of the northwesterly and
southeasterly lines of Mendell Avenue; the foregoing shall include,
without limitation, any portion of Arthur Avenue shown as lying
outside of Parcel "A" as depicted on the Burton Act Map, provided
that the commission finds and declares that there is uncertainty as
to the nature or extent of the state's sovereign interest in these
lands and that the public interest would be served by the resolution
of that uncertainty by a settlement.
   (q) "Person" means any private person, corporation, limited
liability company, partnership, joint venture, business entity,
business trust, association or other private organization or private
entity, or any governmental entity or agency.
   (r) "Port of San Francisco" or "port" means the city acting by and
through the San Francisco Port Commission.
   (s) "Preservation" means the rehabilitation, restoration, or
preservation of historic piers or other historic structures in
accordance with the Secretary of the Interior's Standards for
Rehabilitation. Preservation includes seismic retrofitting,
substructure repair, and other structural and life-safety
improvements, provided that the improvements are necessary for and in
furtherance of the preservation of historic piers or other historic
structures.
   (t) "Public trust" or "trust" means the common law public trust
for commerce, navigation, and fisheries.
   (u) "San Francisco waterfront" means those lands placed by the
city under the management, supervision, and control of the port.
   (v) "Seaport plan" means the San Francisco Bay Area Seaport Plan,
adopted by BCDC and the Metropolitan Transportation Commission, as
amended in 2003, and as may be amended from time to time.
   (w) "Special area plan" means the San Francisco Waterfront Special
Area Plan, dated July 20, 2000, adopted by BCDC, as amended in 2002,
and as may be amended from time to time.
   (x) "State" means the State of California.
   (y) "Subarea" or "subareas" means one or more of the waterfront
subareas identified in the waterfront land use plan, as may be
amended from time to time, except as otherwise provided in this act.
   (z) "Tidelands" means the lands lying below the elevation of
ordinary high water, whether filled or unfilled, and includes
submerged lands.
   (aa) "Waterfront land use plan" means the Port of San Francisco
Waterfront Land Use Plan, including, but not limited to, the
waterfront design and access element, adopted by the port under
Resolution No. 97-50, as may be amended from time to time.
  SEC. 11.  Section 15 of Chapter 660 of the Statutes of 2007 is
amended to read:
  Sec. 15.  The following map is a part of this act: [GRAPHIC INSERT
HERE:  SEE PRINTED VERSION OF THE BILL]
  SEC. 12.  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 will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.