Amended IN Senate March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1299Introduced by Senator NguyenFebruary 16, 2018 An act to amend Section 670 of the Civil Code, relating to property. tidelands.LEGISLATIVE COUNSEL'S DIGESTSB 1299, as amended, Nguyen. State property. Tidelands: City of Huntington Beach: Main and Midway Channels of Huntington Harbor.Existing law vests with the State Lands Commission control over certain state lands, including certain tidelands and submerged lands.This bill would grant and convey in trust to the City of Huntington Beach all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the commission, in specified real property in the Main and Midway Channels of Huntington Harbor in the County of Orange. The bill would require the City of Huntington Beach to submit to the commission for approval a trust lands use plan, as specified, thereby imposing a state-mandated local program.This bill would make legislative findings and declarations as to the necessity of a special statute for Huntington Harbor.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Under existing law, all property has an owner, whether that owner is the state and the property is public, or the owner is an individual and the property is private. Existing law establishes that the state is the owner of all land that is below tide water, and below ordinary high-water mark, bordering upon tide water within the state. Existing law also establishes that the state is the owner of all land below the water of a navigable lake or stream; of all property lawfully appropriated by the state to its own use as well as property dedicated to the state; and of all property of which there is no other owner.This bill would make nonsubstantive changes to that provision governing state property.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) Notwithstanding any other law, there is hereby granted and conveyed in trust to the City of Huntington Beach and to its successors, all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the State Lands Commission, in two parcels of land situated in the Main and Midway Channels of Huntington Harbor in the County of Orange.(b) On or before January 1, 2020, the City of Huntington Beach, as trustee, shall submit to the State Lands Commission for approval a trust lands use plan describing any proposed development, preservation, or other use of the trust lands conveyed pursuant to subdivision (a) and any changes of, amendments to, or extensions of, the trust lands use plan.(c) (1) The State Lands Commission shall review with reasonable promptness the trust lands use plan and any changes or amendments to the plan to determine whether they are consistent with the public trust doctrine and the requirement of this act.(2) Based on its review, the commission shall approve or disapprove the plan or any changes or amendments to the plan.(3) If the commission disapproves the plan, the commission shall notify the City of Huntington Beach of the disapproval and the city shall submit a revised plan to the commission no later than 180 days after the date of the notice of disapproval.(4) If the commission determines that the revised plan is inconsistent with the public trust doctrine and the requirements of this act, all rights, title, and interests of the City of Huntington Beach in and to the trust lands and improvements on the trust lands shall revert to the state.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstance related to the Huntington Harbor.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 670 of the Civil Code is amended to read:670.(a)The state is the owner of all land below tide water, and below ordinary high-water mark, bordering upon tide water within the state.(b)In addition the state is the owner of all land below the water of a navigable lake or stream; of all property lawfully appropriated by the state to its own use; of all property dedicated to the state; and of all property of which there is no other owner.
Amended IN Senate March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1299Introduced by Senator NguyenFebruary 16, 2018 An act to amend Section 670 of the Civil Code, relating to property. tidelands.LEGISLATIVE COUNSEL'S DIGESTSB 1299, as amended, Nguyen. State property. Tidelands: City of Huntington Beach: Main and Midway Channels of Huntington Harbor.Existing law vests with the State Lands Commission control over certain state lands, including certain tidelands and submerged lands.This bill would grant and convey in trust to the City of Huntington Beach all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the commission, in specified real property in the Main and Midway Channels of Huntington Harbor in the County of Orange. The bill would require the City of Huntington Beach to submit to the commission for approval a trust lands use plan, as specified, thereby imposing a state-mandated local program.This bill would make legislative findings and declarations as to the necessity of a special statute for Huntington Harbor.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Under existing law, all property has an owner, whether that owner is the state and the property is public, or the owner is an individual and the property is private. Existing law establishes that the state is the owner of all land that is below tide water, and below ordinary high-water mark, bordering upon tide water within the state. Existing law also establishes that the state is the owner of all land below the water of a navigable lake or stream; of all property lawfully appropriated by the state to its own use as well as property dedicated to the state; and of all property of which there is no other owner.This bill would make nonsubstantive changes to that provision governing state property.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 22, 2018
Amended IN Senate March 22, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1299
Introduced by Senator NguyenFebruary 16, 2018
Introduced by Senator Nguyen
February 16, 2018
An act to amend Section 670 of the Civil Code, relating to property. tidelands.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1299, as amended, Nguyen. State property. Tidelands: City of Huntington Beach: Main and Midway Channels of Huntington Harbor.
Existing law vests with the State Lands Commission control over certain state lands, including certain tidelands and submerged lands.This bill would grant and convey in trust to the City of Huntington Beach all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the commission, in specified real property in the Main and Midway Channels of Huntington Harbor in the County of Orange. The bill would require the City of Huntington Beach to submit to the commission for approval a trust lands use plan, as specified, thereby imposing a state-mandated local program.This bill would make legislative findings and declarations as to the necessity of a special statute for Huntington Harbor.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Under existing law, all property has an owner, whether that owner is the state and the property is public, or the owner is an individual and the property is private. Existing law establishes that the state is the owner of all land that is below tide water, and below ordinary high-water mark, bordering upon tide water within the state. Existing law also establishes that the state is the owner of all land below the water of a navigable lake or stream; of all property lawfully appropriated by the state to its own use as well as property dedicated to the state; and of all property of which there is no other owner.This bill would make nonsubstantive changes to that provision governing state property.
Existing law vests with the State Lands Commission control over certain state lands, including certain tidelands and submerged lands.
This bill would grant and convey in trust to the City of Huntington Beach all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the commission, in specified real property in the Main and Midway Channels of Huntington Harbor in the County of Orange. The bill would require the City of Huntington Beach to submit to the commission for approval a trust lands use plan, as specified, thereby imposing a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for Huntington Harbor.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Under existing law, all property has an owner, whether that owner is the state and the property is public, or the owner is an individual and the property is private. Existing law establishes that the state is the owner of all land that is below tide water, and below ordinary high-water mark, bordering upon tide water within the state. Existing law also establishes that the state is the owner of all land below the water of a navigable lake or stream; of all property lawfully appropriated by the state to its own use as well as property dedicated to the state; and of all property of which there is no other owner.
This bill would make nonsubstantive changes to that provision governing state property.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. (a) Notwithstanding any other law, there is hereby granted and conveyed in trust to the City of Huntington Beach and to its successors, all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the State Lands Commission, in two parcels of land situated in the Main and Midway Channels of Huntington Harbor in the County of Orange.(b) On or before January 1, 2020, the City of Huntington Beach, as trustee, shall submit to the State Lands Commission for approval a trust lands use plan describing any proposed development, preservation, or other use of the trust lands conveyed pursuant to subdivision (a) and any changes of, amendments to, or extensions of, the trust lands use plan.(c) (1) The State Lands Commission shall review with reasonable promptness the trust lands use plan and any changes or amendments to the plan to determine whether they are consistent with the public trust doctrine and the requirement of this act.(2) Based on its review, the commission shall approve or disapprove the plan or any changes or amendments to the plan.(3) If the commission disapproves the plan, the commission shall notify the City of Huntington Beach of the disapproval and the city shall submit a revised plan to the commission no later than 180 days after the date of the notice of disapproval.(4) If the commission determines that the revised plan is inconsistent with the public trust doctrine and the requirements of this act, all rights, title, and interests of the City of Huntington Beach in and to the trust lands and improvements on the trust lands shall revert to the state.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstance related to the Huntington Harbor.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 670 of the Civil Code is amended to read:670.(a)The state is the owner of all land below tide water, and below ordinary high-water mark, bordering upon tide water within the state.(b)In addition the state is the owner of all land below the water of a navigable lake or stream; of all property lawfully appropriated by the state to its own use; of all property dedicated to the state; and of all property of which there is no other owner.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) Notwithstanding any other law, there is hereby granted and conveyed in trust to the City of Huntington Beach and to its successors, all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the State Lands Commission, in two parcels of land situated in the Main and Midway Channels of Huntington Harbor in the County of Orange.(b) On or before January 1, 2020, the City of Huntington Beach, as trustee, shall submit to the State Lands Commission for approval a trust lands use plan describing any proposed development, preservation, or other use of the trust lands conveyed pursuant to subdivision (a) and any changes of, amendments to, or extensions of, the trust lands use plan.(c) (1) The State Lands Commission shall review with reasonable promptness the trust lands use plan and any changes or amendments to the plan to determine whether they are consistent with the public trust doctrine and the requirement of this act.(2) Based on its review, the commission shall approve or disapprove the plan or any changes or amendments to the plan.(3) If the commission disapproves the plan, the commission shall notify the City of Huntington Beach of the disapproval and the city shall submit a revised plan to the commission no later than 180 days after the date of the notice of disapproval.(4) If the commission determines that the revised plan is inconsistent with the public trust doctrine and the requirements of this act, all rights, title, and interests of the City of Huntington Beach in and to the trust lands and improvements on the trust lands shall revert to the state.
SECTION 1. (a) Notwithstanding any other law, there is hereby granted and conveyed in trust to the City of Huntington Beach and to its successors, all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the State Lands Commission, in two parcels of land situated in the Main and Midway Channels of Huntington Harbor in the County of Orange.(b) On or before January 1, 2020, the City of Huntington Beach, as trustee, shall submit to the State Lands Commission for approval a trust lands use plan describing any proposed development, preservation, or other use of the trust lands conveyed pursuant to subdivision (a) and any changes of, amendments to, or extensions of, the trust lands use plan.(c) (1) The State Lands Commission shall review with reasonable promptness the trust lands use plan and any changes or amendments to the plan to determine whether they are consistent with the public trust doctrine and the requirement of this act.(2) Based on its review, the commission shall approve or disapprove the plan or any changes or amendments to the plan.(3) If the commission disapproves the plan, the commission shall notify the City of Huntington Beach of the disapproval and the city shall submit a revised plan to the commission no later than 180 days after the date of the notice of disapproval.(4) If the commission determines that the revised plan is inconsistent with the public trust doctrine and the requirements of this act, all rights, title, and interests of the City of Huntington Beach in and to the trust lands and improvements on the trust lands shall revert to the state.
SECTION 1. (a) Notwithstanding any other law, there is hereby granted and conveyed in trust to the City of Huntington Beach and to its successors, all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the State Lands Commission, in two parcels of land situated in the Main and Midway Channels of Huntington Harbor in the County of Orange.
### SECTION 1.
(b) On or before January 1, 2020, the City of Huntington Beach, as trustee, shall submit to the State Lands Commission for approval a trust lands use plan describing any proposed development, preservation, or other use of the trust lands conveyed pursuant to subdivision (a) and any changes of, amendments to, or extensions of, the trust lands use plan.
(c) (1) The State Lands Commission shall review with reasonable promptness the trust lands use plan and any changes or amendments to the plan to determine whether they are consistent with the public trust doctrine and the requirement of this act.
(2) Based on its review, the commission shall approve or disapprove the plan or any changes or amendments to the plan.
(3) If the commission disapproves the plan, the commission shall notify the City of Huntington Beach of the disapproval and the city shall submit a revised plan to the commission no later than 180 days after the date of the notice of disapproval.
(4) If the commission determines that the revised plan is inconsistent with the public trust doctrine and the requirements of this act, all rights, title, and interests of the City of Huntington Beach in and to the trust lands and improvements on the trust lands shall revert to the state.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstance related to the Huntington Harbor.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstance related to the Huntington Harbor.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstance related to the Huntington Harbor.
### SEC. 2.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 3.
(a)The state is the owner of all land below tide water, and below ordinary high-water mark, bordering upon tide water within the state.
(b)In addition the state is the owner of all land below the water of a navigable lake or stream; of all property lawfully appropriated by the state to its own use; of all property dedicated to the state; and of all property of which there is no other owner.