AB 2567

Bill Subjects

Abstract

(1) Existing law grants and conveys in trust to certain local government entities, including port districts, all the right, title, and interest of the State of California in specified tidelands and submerged lands held by the state. This bill would grant in trust specified tidelands and submerged lands held by the state to the Port of Stockton, as described, and would require that, on and after January 1, 2022, the use of those trust lands conform to an approved trust lands use plan, prescribed by the bill, and that all leases or agreements proposed or entered into by the Port of Stockton, as trustee of those lands, also be consistent with the public trust doctrine, as defined, and conform to the plan. The bill would require the trustee, on or before September 30, 2022, and on or before September 30 of every succeeding 5th year thereafter, to submit a report to the State Lands Commission, containing specified information. The bill would require the commission to notify the trustee if it finds that the trustee has violated the terms of its trust grant or any other obligation under the bill. By imposing new duties on the port with regard to the use and management of those trust lands, the bill would impose a state-mandated local program. Existing law, the Kapiloff Land Bank Act, creates the Land Bank Fund and continuously appropriates money in the fund, subject to a statutory trust, to the commission, acting as the Land Bank Trustee, to acquire real property or any interest in real property for the purposes of public trust settlements. This bill would require on June 30, 2019, and at the end of every fiscal year thereafter, that 10% of all gross revenue generated from the Port of Stockton trust lands during the preceding 12-month period be transmitted to the commission and, of this amount transmitted, would require the commission to allocate 80% to the Treasurer for deposit in the General Fund and 20% for deposit in the Land Bank Fund for expenditure by the commission pursuant to the act, thereby making an appropriation. The bill would require the commission, on or before January 1, 2022, to survey, monument, and record a plat and a metes and bounds description of the trust lands in the office of the county recorder in the county or counties in which the lands are located. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Port of Stockton. (3) 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 no reimbursement is required by this act for a specified reason.