Recently Enacted Legislation

The Legislative Affairs Office provides the Commission with strategies to advance the Commission’s management of public trust lands and resources. The Legislative Affairs Office provides expert policy advice to the Administration and the Legislature on policy and fiscal implications of public land and resource management-related legislation. The Legislative Affairs Office also articulates the Commission’s position on proposed legislation and represents the Commission at committee hearings.

Below is the legislation enacted in 2022 that directly impacts the Commission.

Chapter 433, Statutes of 2022 (AB 1832 Luz Rivas) Waters subject to tidal influence: hard mineral extraction.

This bill enacts the California Seabed Mining Prevention Act. The bill prohibits the Commission or a local trustee of granted public trust lands from issuing a lease or permit to extract or remove hard minerals from state waters subject to tidal influence, with certain exceptions. This bill, co-sponsored by the Monterey Bay Aquarium, the Surfrider Foundation, and Lieutenant Governor Eleni Kounalakis, is intended to proactively safeguard thousands of miles of seafloor and habitat.

Chapter 692, Statutes of 2022 (AB 2257 Boerner Horvath) State lands: oil and gas leases: cost study.

Sponsored by Commission Chair and California State Controller Betty Yee, this bill directs the Commission to develop a study that quantifies the fiscal impact of a voluntary lease relinquishment of the remaining lease interests in the State’s 11 actively producing offshore oil and gas leases. The 2022-23 budget appropriates $1 million to the Commission for the study.

Chapter 516, Statutes of 2022 (AB 353 O’Donnell) Oil revenue: Oil Trust Fund.

Removes the $300 million cap in the Oil Trust Fund, resuming deposits from the State’s share of Long Beach oil operation revenues until the Fund reaches a balance that will cover the State’s abandonment liabilities.

Below is a list of legislation enacted in 2021 that affect the Commission.

Chapter 115, Statutes of 2021 (AB 148, Committee on Budget) Public resources.

AB 148 expanded the definition of “Oil” under the Commission’s spill prevention authority to include renewable fuels that are refined primarily from plant and animal matter, as opposed to crude oil. AB 148 also increases the oil spill prevention and administration fee to $0.085 per barrel of crude oil or petroleum products and extends the fee to renewable fuel operators.

Chapter 231, Statutes of 2021 (AB 525, Chiu) Energy: offshore wind generation.

AB 525 requires the California Energy Commission to establish 2030 and 2045 planning goals, for offshore wind energy generation and required the California Energy Commission, in coordination with specified agencies, including the State Lands Commission, to develop a five-part strategic plan for offshore wind energy development and to submit the plan to the Natural Resources Agency and the Legislature by June 30, 2023. AB 525 also requires the California Energy Commission, in coordination with the California Coastal Commission, Department of Fish and Wildlife, Ocean Protection Council, and State Lands Commission, to identify suitable sea space for a future phase of offshore wind leasing to accommodate the 2045 offshore wind planning goal.

Chapter 715, Statutes of 2021 (AB 1390, Boerner Horvath) State lands: school and lieu lands.

AB 1390 makes it easier for the Commission to invest in property to generate revenue for CalSTRS. It authorizes the Commission to delegate authority to its Executive Officer to make acquisition down payments, removes a cap on acquisition expenses, and clarifies that the Commission can use School Land Bank Fund revenue for acquisition costs. The bill also deletes obsoletes statutes and gives the Commission flexibility not to retain an access easement when it sells or conveys school lands. 

Below is the legislation enacted in 2020 that directly impacts the Commission.

Chapter 311, Statutes of 2020 (SB 1472, Committee on Natural Resources and Water): Public resources: school lands.

This bill would repeal the provisions of existing law relating to indemnity lands and lieu lands, except that the bill would preserve the general authority of the commission to select indemnity lands for any losses sustained by the state to its school land grants. It would prohibit the repeal of certain provisions of law related to public lands from affecting any existing vested rights under the repealed provisions or under certain transactions entered into under the repealed provisions, or the rights of any purchaser of school lands sold before the effective date of that repeal. It would explicitly authorize the commission to pay from the fund typical costs and expenses attributable to a sale of school lands when it is in the best interest of the state to do so. By expanding the purposes of a continuously appropriated fund, the bill would make an appropriation.