The first half of the 2013-14 State legislative session produced five pieces of chaptered legislation impacting the Commission.
The following summaries provide an update on these new laws. These statutes became effective January 1, 2014, unless otherwise stated.
Chapter 104, Statutes of 2013 (AB 727, Stone): Public trust lands: dredging: notice and leases.
This addition to the Public Resources Code eliminates the requirement of a lease from the Commission for dredging on granted public lands wherein minerals are reserved to the State, if the dredged material is disposed at an approved on or offshore disposal site, is not sold, and is consistent with the proper management of the granted lands.
Dredging on granted public trust lands wherein minerals are reserved typically required approval from various local, state, and federal regulators. The commission's role in this process is non-regulatory and for maintenance or routine dredging activities, effectively ministerial. This new law streamlines the permitting process, preserves tideland trust revenue within the corpus of the trust, and will result in more efficiency in the Commission operations.
Chapter 381, Statutes of 2013 (AB 1273, Ting): Tidelands and submerged lands: City and County of San Francisco: Piers 30–32: multipurpose venue.
This law establishes criteria for determining whether a mixed-use development, including a multipurpose venue (basketball arena), on the San Francisco Waterfront at Pier 30-32 on land that is held in trust by the City and County of San Francisco, is consistent with the public trust and gives the Commission authorization to make this determination.
Chapter 472, Statutes of 2013 (SB 814, Committee on Natural Resources and Water): Natural resources: administration.
This law, among other things, delays the implementation of California's performance standards for the discharge of ballast water for two years, because no treatment technologies are currently available to meet all of California's performance standards.
The 2013 report, approved by the Commission at its June 21, 2013 meeting, assessed shore-based and shipboard options for ballast water treatment. Based on existing data, no treatment technologies are currently available to meet all of California's performance standards for the discharge of ballast water. Therefore, the report recommended that the Legislature amend Public Resources Code section 71205.3 to delay implementation of the performance standards for the discharge of ballast water for all vessel size classes. The Commission directed staff to pursue a two-year delay to permit time for further technology development and the collection of additional data on treatment system performance and availability.
Chapter 592, Statutes of 2013 (AB 691, Muratsuchi): State lands: granted trust lands: sea level rise.
This new law requires a trustee of granted public lands to prepare an assessment of the impacts of sea level rise on its granted lands by July 1, 2019, and provide that information to the State Lands Commission. The purpose of this law is to ensure that a local trustee takes reasonable steps to protect granted public trust lands from sea level rise.
Chapter 762, Statutes of 2013 (SB 630, Pavley): California Tahoe Regional Planning Agency.
This law continues and amends the Tahoe Regional Planning Agency's bistate compact, declares that the State of Nevada has agreed to repeal its 2011 statute requiring its withdrawal from the compact, and creates the Lake Tahoe Science and Lake Improvement Account which will be funded by rental income from surface uses for public trust lands at Lake Tahoe.