California Assembly Bill AB727 Amended / Bill

 BILL NUMBER: AB 727AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 21, 2013 INTRODUCED BY Assembly Member Stone FEBRUARY 21, 2013 An act to add Section 6703.5 to the Public Resources Code, relating to public trust lands. LEGISLATIVE COUNSEL'S DIGEST AB 727, as amended, Stone. Public trust lands: dredging: notice and  leases.:   leases.  Existing law authorizes the  commission   State Lands Commission  to enter into an exchange, with any person or private entity, of filled or reclaimed tidelands and submerged lands or beds of navigable waterways, or interests in those lands, if the commission finds that specified conditions are met. This bill would require that a grantee of public trust lands  ,   or a person or entity making a submittal of a lease, contract, or other instrument to the commission for dredging on granted public trust   lands,  upon which any right to minerals on those lands is reserved by the state, to notify the commission, in writing,  no later than 90 days prior to the time dredging is commenced,  if the grantee  or other person or entity making a submittal  intends to conduct dredging operations on those lands. The bill would require the commission  if  , upon receipt of that written notice of intent to conduct dredging operations, to determine whether the dredging will require that the grantee  or a person or entity making a submittal of a lease, contract, or other instrument to the commission for dredging on granted public   trust lands  enter into a lease with the commission,  and  to notify the grantee  or person or other entity making a submittal for dredging  , in writing, if a lease will be required. The bill would provide that the notification requirement only applies to dredging operations that are commenced on or after January 1, 2014.  The bill would require that any dredging on public trust lands be carried out pursuant to a lease entered into by a grantee of public trust lands or a person or entity making a submittal for dredging on those public trust lands and the commission, except as provided.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6703.5 is added to the Public Resources Code, to read: 6703.5. (a) (1) Notwithstanding any other law, a grantee of public trust lands  or a person or entity making a submittal of a lease, contract, or other   instrument to the commission for dredging on granted public trust lands  , upon which any right to minerals on those lands is reserved by the state, shall notify the commission, in writing,  no later than 90 days prior to the time dredging is commenced,  if the grantee  or person or other entity making a submittal  intends to conduct dredging operations on those lands. The notice shall contain the following information: (A) A description of the dredging to be conducted on those lands, including a map showing the general area and project site. (B) A description of the amount of material to be dredged, disposal amount, location and means of disposal, location of the dredging activity, a sediment characterization report, and an explanation of the purpose of the dredging. (2) Upon receipt of the written notice required by paragraph (1), the commission shall determine whether the dredging will require that the grantee  or other person or entity making a   submittal of a lease, contract, or other instrument to the commission for dredging on granted public trust lands  enter into a lease with the commission, and shall notify the grantee  or other person or entity making a submittal for dredging,  in writing  ,  if a lease will be required. (b) This section shall only apply to dredging operations that are commenced on or after January 1, 2014. (c)  Nothing in this   This  section  shall be construed to   does not  exempt a grantee of public trust lands  or other person or entity making a submittal for dredging on those lands  from any permit or other approval necessary to carry out dredging operations that may be required by another local, state, or federal law.  (d) Any dredging on public trust lands shall be carried out pursuant to a lease entered into by a grantee of public lands or a person or entity making a submittal for dredging on granted public trust lands and the commission. However, a lease shall not be required for maintenance dredging on granted public trust lands where the materials from the dredging are disposed of at a United States Environmental Protection Agency or United States Corps of Engineers-approved onshore or offshore disposal site.