California Assembly Bill AB442 Latest Draft

 BILL NUMBER: AB 442AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 31, 2011 INTRODUCED BY Assembly Member Silva FEBRUARY 14, 2011 An act to amend Section  6201   6503.5  of the Public Resources Code, relating to public lands. LEGISLATIVE COUNSEL'S DIGEST AB 442, as amended, Silva. Public lands:  classification.   lease.   Under existing law, the State Lands Commission may lease state lands under the jurisdiction of the commission for any purpose as the commission deems advisable. Existing law provides that rent shall not be charged for a private recreational pier constructed on state lands for the use of a littoral landowner.   This bill would also provide that rent shall not be charged for a cantilevered deck extending over state waterways for the use of a littoral landowner.   Existing law authorizes the State Lands Commission to classify any or all state land for its different possible uses and authorizes the commission, to require various government entities, including the Department of Parks and Recreation, to make the classification.   This bill would make technical, nonsubstantive changes to that law.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 6503.5 of the   Public Resources Code   is amended to read:  6503.5. (a) Notwithstanding the provisions of Section 6503,  no  rent shall  not  be charged for  any   a  private recreational pier constructed on state lands  or for a cantilevered deck extending over state waterways  for the use of a littoral landowner. However, a littoral landowner shall pay to the commission, in accordance with its rules and regulations, the commission's expenses in issuing a lease or permit for the state lands. (b) As used in this section, the following terms have the following meanings:  (1) "Cantilevered deck" includes any part of a fixed structure that extends no more than five feet over state waterways and is constructed for the use of a littoral landowner.   (1)   (2)  "Littoral landowner" means  (A)     any   either of the following:   (A)     A  natural person  or persons  who  own   owns  littoral land improved with, and used solely for, a single-family dwelling  or (B)   .   (B)   An    any association of, or  any   a  nonprofit corporation consisting of, natural persons who own parcels of land, each of which is zoned or used solely for a single-family dwelling, and who are entitled to the use of a private recreational pier or cantilevered deck  on littoral land that is owned by the association or nonprofit corporation and is not more than one mile from any  such  parcel owned by a member  thereof   of the association or corporation  .  (2)   (3)  "Recreational pier" includes any fixed facility for the docking or mooring of boats that is constructed for the use of the littoral landowner.  SECTION 1.   Section 6201 of the Public Resources Code is amended to read: 6201. The commission may from time to time classify any or all state land for its different possible uses and when the commission deems it advisable may the commission require the Department of Parks and Recreation, the Department of Conservation, the Secretary of Food and Agriculture, or any other officer, organization, agency, or institution of the state government to make the classification. It is the duty of the officer, organization, agency, or institution to make the classification and to submit a report on the classification upon the application of the commission.