B23 777

Version: Enrollment
Author: Mendelson


Amended  IN  Assembly  July 27, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1472


Introduced by Committee on Natural Resources and Water (Senators Stern (Chair), Allen, Borgeas, Caballero, Hertzberg, Hueso, Jackson, Jones, and Monning)

March 05, 2020


An act to amend Sections 30260, 30263, and 30515 of, to amend the heading of Chapter 1 (commencing with Section 7301) of Part 3 of Division 6 of, to add Section 6010 to, to add Article 2 (commencing with Section 7400) to Chapter 1 of Part 3 of Division 6 of, to repeal Section 7304 of, to repeal Article 2 (commencing with Section 7401) of Chapter 1 of Part 3 of Division 6 of, and to repeal and add Section 7301 of, the Public Resources Code, relating to public resources, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1472, as amended, Committee on Natural Resources and Water. Public resources: coastal resources and school lands.

(1)Existing

Existing law grants to the State Lands Commission control over specified public lands in the state, including indemnity lands selected in lieu of specified land granted to the state by the United States for the use of the public schools that was lost. Existing law authorizes the commission, whenever the commission determines it to the advantage of the state to do so, to select lands of the United States equal in area to the number of acres to which the state is entitled as indemnity.
This bill would repeal the provisions of existing law relating to indemnity lands and lieu lands, except that it 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.
Existing law provides that nothing in the provisions relating to the sale of school lands affects the right of the commission to use as bases for indemnity scrip any lands embraced within the exterior boundaries of a national reservation and not otherwise disposed of.
This bill would repeal that provision. The bill would provide prohibit that repeal of certain provisions of law related to public lands shall not affect from affecting any existing vested rights under the repealed provisions or under certain transactions entered into under the repealed provisions, or the rights of any purchaser of school lands sold before the effective date of that repeal.
Existing law establishes the School Land Bank Fund in the State Treasury, composed of all net revenues, moneys, and remittances from the sale of school lands and lieu lands, and lands. Existing law continuously appropriates the moneys in the fund to the commission, acting as the School Land Bank Trustee, to administer the fund and the interest in acquired real property, including the selection, acquisition, and conveyance of real property, for the support of the public school system. Existing law authorizes the commission, in addition to the purchase price, to pay from the fund the costs and expenses attributable to an acquisition, and also to pay the expenses attributable to the management and remediation efforts on state school lands.
This bill would explicitly authorize the commission to pay from the fund typical costs and expenses attributable to a sale of school lands, such as escrow or other third-party costs, as specified, 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.

(2)The California Coastal Act of 1976 regulates development along the state's coast and requires that oil and gas development be permitted in certain circumstances. The act requires that coastal-dependent industrial facilities be encouraged to locate or expand within existing sites, and, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of the act, they may nevertheless be permitted if (A) alternative locations are infeasible or more environmentally damaging, (B) to do otherwise would adversely affect the public welfare, and (C) adverse environmental effects are mitigated to the maximum extent feasible.

This bill would instead require that those new or expanded coastal-dependent industrial facilities be permitted in accordance with those provisions if, among other prescribed conditions, permitting that development would not adversely affect the public welfare.

The act requires the permitting of new or expanded refineries or petrochemical facilities not otherwise consistent with the act if, among other conditions, it is found that not permitting the development would adversely affect the public welfare.

This bill would revise that condition to instead require that permitting if, among those other conditions, it is found that permitting that development would not adversely affect the public welfare.

The act authorizes any person authorized to undertake a public works project or proposing an energy facility development to request any local government, with a certified local coastal program, to amend its local coastal program, if the purpose of the proposed amendment is to meet public needs of an area greater than that included within the certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the California Coastal Commission for certification. The act authorizes the commission, after public hearing, to approve and certify the proposed amendment if the local government does not amend the local coastal program and the commission finds that, after a careful balancing of social, economic, and environmental effects, to do otherwise would adversely affect the public welfare, a public need of an area greater than included within the certified local coastal program would be met, there is no feasible, less environmentally damaging alternative way to meet that need, and the proposed amendment is in conformity with the act.

This bill would revise the first condition described above to authorize the commission to approve and certify such a proposed amendment if it finds that, after a careful balancing of social, economic, and environmental effects, to do so would not adversely affect the public welfare.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6010 is added to the Public Resources Code, to read:

6010.
 The repeal of any provision of law codified in this division shall not affect any existing vested rights under those repealed provisions or under any contract, permit, lease, or agreement entered into under those repealed provisions, or the rights of any purchaser of school lands sold before the effective date of that repeal.

SEC. 2.

 The heading of Chapter 1 (commencing with Section 7301) of Part 3 of Division 6 of the Public Resources Code is amended to read:
CHAPTER  1. School Lands and Indemnity Lands

SEC. 3.

 Section 7301 of the Public Resources Code is repealed.

SEC. 4.

 Section 7301 is added to the Public Resources Code, to read:

7301.
 The commission may, in the best interest of the state, sell school lands. The commission may pay from the School Land Bank Fund Fund, created pursuant to Section 8711, the typical costs and expenses attributable to a sale of school lands, such as escrow or other third-party costs, when it is in the best interest of the state to do so.

SEC. 5.

 Section 7304 of the Public Resources Code is repealed.

SEC. 6.

 Article 2 (commencing with Section 7401) of Chapter 1 of Part 3 of Division 6 of the Public Resources Code is repealed.

SEC. 7.

 Article 2 (commencing with Section 7400) is added to Chapter 1 of Part 3 of Division 6 of the Public Resources Code, to read:
Article  2. Indemnity Land Selections

7400.
 The Legislature finds and declares that, as of January 1, 2020, the commission has acquired roughly 81,643 acres of indemnity school lands and is owed roughly 51,000 additional acres of indemnity school lands.

7401.
 The commission shall ascertain from time to time the number of acres of land to which the state is entitled as indemnity and shall keep on file a statement showing of what those bases consist.

7402.
 Whenever the commission determines it to be in the best interest of the state, it the commission may select lands of the United States equal in area to the number of acres or as otherwise provided under federal law to which the state is entitled as indemnity for any losses sustained by the state to its school land grants.

7403.
 The commission is the general agent of the state for the selection of indemnity lands in lieu of the losses sustained by the state to its school land grants.

7404.
 The commission may accept the benefits of the act of Congress approved July 17, 1914, enacted as Section 121 of Title 30 of the United States Code.

SEC. 8.Section 30260 of the Public Resources Code is amended to read:
30260.

Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth where consistent with this division. However, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of this division, they may nonetheless be permitted in accordance with this section and Sections 30261 and 30262 if (a) alternative locations are infeasible or more environmentally damaging; (b) permitting that development would not adversely affect the public welfare; and (c) adverse environmental effects are mitigated to the maximum extent feasible.

SEC. 9.Section 30263 of the Public Resources Code is amended to read:
30263.

(a)New or expanded refineries or petrochemical facilities not otherwise consistent with this division shall be permitted if all of the following conditions are met:

(1)Alternative locations are not feasible or are more environmentally damaging.

(2)Adverse environmental effects are mitigated to the maximum extent feasible.

(3)It is found that permitting the development would not adversely affect the public welfare.

(4)The facility is not located in a highly scenic or seismically hazardous area, on any of the Channel Islands, or within or contiguous to environmentally sensitive areas.

(5)The facility is sited so as to provide a sufficient buffer area to minimize adverse impacts on surrounding property.

(b)New or expanded refineries or petrochemical facilities shall minimize the need for once-through cooling by using air cooling to the maximum extent feasible and by using treated waste waters from inplant processes where feasible.

SEC. 10.Section 30515 of the Public Resources Code is amended to read:
30515.

(a)Any person authorized to undertake a public works project or proposing an energy facility development may request any local government to amend its certified local coastal program, if the purpose of the proposed amendment is to meet public needs of an area greater than that included within that certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the commission for certification. If, after review, the local government determines that the amendment requested would be in conformity with the policies of this division, it may amend its certified local coastal program as provided in Section 30514.

(b)If the local government does not amend its local coastal program, that person may file with the commission a request for amendment that shall set forth the reasons why the proposed amendment is necessary and how that amendment is in conformity with the policies of this division. The local government shall be provided an opportunity to set forth the reasons for its action. The commission may, after public hearing, approve and certify the proposed amendment if it finds, after a careful balancing of social, economic, and environmental effects, that to do so would not adversely affect the public welfare, that a public need of an area greater than that included within the certified local coastal program would be met, that there is no feasible, less environmentally damaging alternative way to meet that need, and that the proposed amendment is in conformity with the policies of this division.

B23 777

Version: Enrollment
Author: Mendelson


Amended  IN  Assembly  July 27, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1472


Introduced by Committee on Natural Resources and Water (Senators Stern (Chair), Allen, Borgeas, Caballero, Hertzberg, Hueso, Jackson, Jones, and Monning)

March 05, 2020


An act to amend Sections 30260, 30263, and 30515 of, to amend the heading of Chapter 1 (commencing with Section 7301) of Part 3 of Division 6 of, to add Section 6010 to, to add Article 2 (commencing with Section 7400) to Chapter 1 of Part 3 of Division 6 of, to repeal Section 7304 of, to repeal Article 2 (commencing with Section 7401) of Chapter 1 of Part 3 of Division 6 of, and to repeal and add Section 7301 of, the Public Resources Code, relating to public resources, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1472, as amended, Committee on Natural Resources and Water. Public resources: coastal resources and school lands.

(1)Existing

Existing law grants to the State Lands Commission control over specified public lands in the state, including indemnity lands selected in lieu of specified land granted to the state by the United States for the use of the public schools that was lost. Existing law authorizes the commission, whenever the commission determines it to the advantage of the state to do so, to select lands of the United States equal in area to the number of acres to which the state is entitled as indemnity.
This bill would repeal the provisions of existing law relating to indemnity lands and lieu lands, except that it 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.
Existing law provides that nothing in the provisions relating to the sale of school lands affects the right of the commission to use as bases for indemnity scrip any lands embraced within the exterior boundaries of a national reservation and not otherwise disposed of.
This bill would repeal that provision. The bill would provide prohibit that repeal of certain provisions of law related to public lands shall not affect 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.
Existing law establishes the School Land Bank Fund in the State Treasury, composed of all net revenues, moneys, and remittances from the sale of school lands and lieu lands, and lands. Existing law continuously appropriates the moneys in the fund to the commission, acting as the School Land Bank Trustee, to administer the fund and the interest in acquired real property, including the selection, acquisition, and conveyance of real property, for the support of the public school system. Existing law authorizes the commission, in addition to the purchase price, to pay from the fund the costs and expenses attributable to an acquisition, and also to pay the expenses attributable to the management and remediation efforts on state school lands.
This bill would explicitly authorize the commission to pay from the fund typical costs and expenses attributable to a sale of school lands, such as escrow or other third-party costs, as specified, 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.

(2)The California Coastal Act of 1976 regulates development along the state's coast and requires that oil and gas development be permitted in certain circumstances. The act requires that coastal-dependent industrial facilities be encouraged to locate or expand within existing sites, and, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of the act, they may nevertheless be permitted if (A) alternative locations are infeasible or more environmentally damaging, (B) to do otherwise would adversely affect the public welfare, and (C) adverse environmental effects are mitigated to the maximum extent feasible.

This bill would instead require that those new or expanded coastal-dependent industrial facilities be permitted in accordance with those provisions if, among other prescribed conditions, permitting that development would not adversely affect the public welfare.

The act requires the permitting of new or expanded refineries or petrochemical facilities not otherwise consistent with the act if, among other conditions, it is found that not permitting the development would adversely affect the public welfare.

This bill would revise that condition to instead require that permitting if, among those other conditions, it is found that permitting that development would not adversely affect the public welfare.

The act authorizes any person authorized to undertake a public works project or proposing an energy facility development to request any local government, with a certified local coastal program, to amend its local coastal program, if the purpose of the proposed amendment is to meet public needs of an area greater than that included within the certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the California Coastal Commission for certification. The act authorizes the commission, after public hearing, to approve and certify the proposed amendment if the local government does not amend the local coastal program and the commission finds that, after a careful balancing of social, economic, and environmental effects, to do otherwise would adversely affect the public welfare, a public need of an area greater than included within the certified local coastal program would be met, there is no feasible, less environmentally damaging alternative way to meet that need, and the proposed amendment is in conformity with the act.

This bill would revise the first condition described above to authorize the commission to approve and certify such a proposed amendment if it finds that, after a careful balancing of social, economic, and environmental effects, to do so would not adversely affect the public welfare.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6010 is added to the Public Resources Code, to read:

6010.
 The repeal of any provision of law codified in this division shall not affect any existing vested rights under those repealed provisions or under any contract, permit, lease, or agreement entered into under those repealed provisions, or the rights of any purchaser of school lands sold before the effective date of that repeal.

SEC. 2.

 The heading of Chapter 1 (commencing with Section 7301) of Part 3 of Division 6 of the Public Resources Code is amended to read:
CHAPTER  1. School Lands and Indemnity Lands

SEC. 3.

 Section 7301 of the Public Resources Code is repealed.

SEC. 4.

 Section 7301 is added to the Public Resources Code, to read:

7301.
 The commission may, in the best interest of the state, sell school lands. The commission may pay from the School Land Bank Fund Fund, created pursuant to Section 8711, the typical costs and expenses attributable to a sale of school lands, such as escrow or other third-party costs, when it is in the best interest of the state to do so.

SEC. 5.

 Section 7304 of the Public Resources Code is repealed.

SEC. 6.

 Article 2 (commencing with Section 7401) of Chapter 1 of Part 3 of Division 6 of the Public Resources Code is repealed.

SEC. 7.

 Article 2 (commencing with Section 7400) is added to Chapter 1 of Part 3 of Division 6 of the Public Resources Code, to read:
Article  2. Indemnity Land Selections

7400.
 The Legislature finds and declares that, as of January 1, 2020, the commission has acquired roughly 81,643 acres of indemnity school lands and is owed roughly 51,000 additional acres of indemnity school lands.

7401.
 The commission shall ascertain from time to time the number of acres of land to which the state is entitled as indemnity and shall keep on file a statement showing of what those bases consist.

7402.
 Whenever the commission determines it to be in the best interest of the state, it the commission may select lands of the United States equal in area to the number of acres or as otherwise provided under federal law to which the state is entitled as indemnity for any losses sustained by the state to its school land grants.

7403.
 The commission is the general agent of the state for the selection of indemnity lands in lieu of the losses sustained by the state to its school land grants.

7404.
 The commission may accept the benefits of the act of Congress approved July 17, 1914, enacted as Section 121 of Title 30 of the United States Code.

SEC. 8.Section 30260 of the Public Resources Code is amended to read:
30260.

Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth where consistent with this division. However, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of this division, they may nonetheless be permitted in accordance with this section and Sections 30261 and 30262 if (a) alternative locations are infeasible or more environmentally damaging; (b) permitting that development would not adversely affect the public welfare; and (c) adverse environmental effects are mitigated to the maximum extent feasible.

SEC. 9.Section 30263 of the Public Resources Code is amended to read:
30263.

(a)New or expanded refineries or petrochemical facilities not otherwise consistent with this division shall be permitted if all of the following conditions are met:

(1)Alternative locations are not feasible or are more environmentally damaging.

(2)Adverse environmental effects are mitigated to the maximum extent feasible.

(3)It is found that permitting the development would not adversely affect the public welfare.

(4)The facility is not located in a highly scenic or seismically hazardous area, on any of the Channel Islands, or within or contiguous to environmentally sensitive areas.

(5)The facility is sited so as to provide a sufficient buffer area to minimize adverse impacts on surrounding property.

(b)New or expanded refineries or petrochemical facilities shall minimize the need for once-through cooling by using air cooling to the maximum extent feasible and by using treated waste waters from inplant processes where feasible.

SEC. 10.Section 30515 of the Public Resources Code is amended to read:
30515.

(a)Any person authorized to undertake a public works project or proposing an energy facility development may request any local government to amend its certified local coastal program, if the purpose of the proposed amendment is to meet public needs of an area greater than that included within that certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the commission for certification. If, after review, the local government determines that the amendment requested would be in conformity with the policies of this division, it may amend its certified local coastal program as provided in Section 30514.

(b)If the local government does not amend its local coastal program, that person may file with the commission a request for amendment that shall set forth the reasons why the proposed amendment is necessary and how that amendment is in conformity with the policies of this division. The local government shall be provided an opportunity to set forth the reasons for its action. The commission may, after public hearing, approve and certify the proposed amendment if it finds, after a careful balancing of social, economic, and environmental effects, that to do so would not adversely affect the public welfare, that a public need of an area greater than that included within the certified local coastal program would be met, that there is no feasible, less environmentally damaging alternative way to meet that need, and that the proposed amendment is in conformity with the policies of this division.

B23 777

Version: Enrollment
Author: Mendelson


Amended  IN  Assembly  July 27, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1472


Introduced by Committee on Natural Resources and Water (Senators Stern (Chair), Allen, Borgeas, Caballero, Hertzberg, Hueso, Jackson, Jones, and Monning)

March 05, 2020


An act to amend Sections 30260, 30263, and 30515 of, to amend the heading of Chapter 1 (commencing with Section 7301) of Part 3 of Division 6 of, to add Section 6010 to, to add Article 2 (commencing with Section 7400) to Chapter 1 of Part 3 of Division 6 of, to repeal Section 7304 of, to repeal Article 2 (commencing with Section 7401) of Chapter 1 of Part 3 of Division 6 of, and to repeal and add Section 7301 of, the Public Resources Code, relating to public resources, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1472, as amended, Committee on Natural Resources and Water. Public resources: coastal resources and school lands.

(1)Existing

Existing law grants to the State Lands Commission control over specified public lands in the state, including indemnity lands selected in lieu of specified land granted to the state by the United States for the use of the public schools that was lost. Existing law authorizes the commission, whenever the commission determines it to the advantage of the state to do so, to select lands of the United States equal in area to the number of acres to which the state is entitled as indemnity.
This bill would repeal the provisions of existing law relating to indemnity lands and lieu lands, except that it 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.
Existing law provides that nothing in the provisions relating to the sale of school lands affects the right of the commission to use as bases for indemnity scrip any lands embraced within the exterior boundaries of a national reservation and not otherwise disposed of.
This bill would repeal that provision. The bill would provide prohibit that repeal of certain provisions of law related to public lands shall not affect 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.
Existing law establishes the School Land Bank Fund in the State Treasury, composed of all net revenues, moneys, and remittances from the sale of school lands and lieu lands, and lands. Existing law continuously appropriates the moneys in the fund to the commission, acting as the School Land Bank Trustee, to administer the fund and the interest in acquired real property, including the selection, acquisition, and conveyance of real property, for the support of the public school system. Existing law authorizes the commission, in addition to the purchase price, to pay from the fund the costs and expenses attributable to an acquisition, and also to pay the expenses attributable to the management and remediation efforts on state school lands.
This bill would explicitly authorize the commission to pay from the fund typical costs and expenses attributable to a sale of school lands, such as escrow or other third-party costs, as specified, 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.

(2)The California Coastal Act of 1976 regulates development along the state's coast and requires that oil and gas development be permitted in certain circumstances. The act requires that coastal-dependent industrial facilities be encouraged to locate or expand within existing sites, and, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of the act, they may nevertheless be permitted if (A) alternative locations are infeasible or more environmentally damaging, (B) to do otherwise would adversely affect the public welfare, and (C) adverse environmental effects are mitigated to the maximum extent feasible.

This bill would instead require that those new or expanded coastal-dependent industrial facilities be permitted in accordance with those provisions if, among other prescribed conditions, permitting that development would not adversely affect the public welfare.

The act requires the permitting of new or expanded refineries or petrochemical facilities not otherwise consistent with the act if, among other conditions, it is found that not permitting the development would adversely affect the public welfare.

This bill would revise that condition to instead require that permitting if, among those other conditions, it is found that permitting that development would not adversely affect the public welfare.

The act authorizes any person authorized to undertake a public works project or proposing an energy facility development to request any local government, with a certified local coastal program, to amend its local coastal program, if the purpose of the proposed amendment is to meet public needs of an area greater than that included within the certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the California Coastal Commission for certification. The act authorizes the commission, after public hearing, to approve and certify the proposed amendment if the local government does not amend the local coastal program and the commission finds that, after a careful balancing of social, economic, and environmental effects, to do otherwise would adversely affect the public welfare, a public need of an area greater than included within the certified local coastal program would be met, there is no feasible, less environmentally damaging alternative way to meet that need, and the proposed amendment is in conformity with the act.

This bill would revise the first condition described above to authorize the commission to approve and certify such a proposed amendment if it finds that, after a careful balancing of social, economic, and environmental effects, to do so would not adversely affect the public welfare.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6010 is added to the Public Resources Code, to read:

6010.
 The repeal of any provision of law codified in this division shall not affect any existing vested rights under those repealed provisions or under any contract, permit, lease, or agreement entered into under those repealed provisions, or the rights of any purchaser of school lands sold before the effective date of that repeal.

SEC. 2.

 The heading of Chapter 1 (commencing with Section 7301) of Part 3 of Division 6 of the Public Resources Code is amended to read:
CHAPTER  1. School Lands and Indemnity Lands

SEC. 3.

 Section 7301 of the Public Resources Code is repealed.

SEC. 4.

 Section 7301 is added to the Public Resources Code, to read:

7301.
 The commission may, in the best interest of the state, sell school lands. The commission may pay from the School Land Bank Fund Fund, created pursuant to Section 8711, the typical costs and expenses attributable to a sale of school lands, such as escrow or other third-party costs, when it is in the best interest of the state to do so.

SEC. 5.

 Section 7304 of the Public Resources Code is repealed.

SEC. 6.

 Article 2 (commencing with Section 7401) of Chapter 1 of Part 3 of Division 6 of the Public Resources Code is repealed.

SEC. 7.

 Article 2 (commencing with Section 7400) is added to Chapter 1 of Part 3 of Division 6 of the Public Resources Code, to read:
Article  2. Indemnity Land Selections

7400.
 The Legislature finds and declares that, as of January 1, 2020, the commission has acquired roughly 81,643 acres of indemnity school lands and is owed roughly 51,000 additional acres of indemnity school lands.

7401.
 The commission shall ascertain from time to time the number of acres of land to which the state is entitled as indemnity and shall keep on file a statement showing of what those bases consist.

7402.
 Whenever the commission determines it to be in the best interest of the state, it the commission may select lands of the United States equal in area to the number of acres or as otherwise provided under federal law to which the state is entitled as indemnity for any losses sustained by the state to its school land grants.

7403.
 The commission is the general agent of the state for the selection of indemnity lands in lieu of the losses sustained by the state to its school land grants.

7404.
 The commission may accept the benefits of the act of Congress approved July 17, 1914, enacted as Section 121 of Title 30 of the United States Code.

SEC. 8.Section 30260 of the Public Resources Code is amended to read:
30260.

Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth where consistent with this division. However, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of this division, they may nonetheless be permitted in accordance with this section and Sections 30261 and 30262 if (a) alternative locations are infeasible or more environmentally damaging; (b) permitting that development would not adversely affect the public welfare; and (c) adverse environmental effects are mitigated to the maximum extent feasible.

SEC. 9.Section 30263 of the Public Resources Code is amended to read:
30263.

(a)New or expanded refineries or petrochemical facilities not otherwise consistent with this division shall be permitted if all of the following conditions are met:

(1)Alternative locations are not feasible or are more environmentally damaging.

(2)Adverse environmental effects are mitigated to the maximum extent feasible.

(3)It is found that permitting the development would not adversely affect the public welfare.

(4)The facility is not located in a highly scenic or seismically hazardous area, on any of the Channel Islands, or within or contiguous to environmentally sensitive areas.

(5)The facility is sited so as to provide a sufficient buffer area to minimize adverse impacts on surrounding property.

(b)New or expanded refineries or petrochemical facilities shall minimize the need for once-through cooling by using air cooling to the maximum extent feasible and by using treated waste waters from inplant processes where feasible.

SEC. 10.Section 30515 of the Public Resources Code is amended to read:
30515.

(a)Any person authorized to undertake a public works project or proposing an energy facility development may request any local government to amend its certified local coastal program, if the purpose of the proposed amendment is to meet public needs of an area greater than that included within that certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the commission for certification. If, after review, the local government determines that the amendment requested would be in conformity with the policies of this division, it may amend its certified local coastal program as provided in Section 30514.

(b)If the local government does not amend its local coastal program, that person may file with the commission a request for amendment that shall set forth the reasons why the proposed amendment is necessary and how that amendment is in conformity with the policies of this division. The local government shall be provided an opportunity to set forth the reasons for its action. The commission may, after public hearing, approve and certify the proposed amendment if it finds, after a careful balancing of social, economic, and environmental effects, that to do so would not adversely affect the public welfare, that a public need of an area greater than that included within the certified local coastal program would be met, that there is no feasible, less environmentally damaging alternative way to meet that need, and that the proposed amendment is in conformity with the policies of this division.

B23 777

Version: Enrollment
Author: Mendelson


Amended  IN  Assembly  July 27, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1472


Introduced by Committee on Natural Resources and Water (Senators Stern (Chair), Allen, Borgeas, Caballero, Hertzberg, Hueso, Jackson, Jones, and Monning)

March 05, 2020


An act to amend Sections 30260, 30263, and 30515 of, to amend the heading of Chapter 1 (commencing with Section 7301) of Part 3 of Division 6 of, to add Section 6010 to, to add Article 2 (commencing with Section 7400) to Chapter 1 of Part 3 of Division 6 of, to repeal Section 7304 of, to repeal Article 2 (commencing with Section 7401) of Chapter 1 of Part 3 of Division 6 of, and to repeal and add Section 7301 of, the Public Resources Code, relating to public resources, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1472, as amended, Committee on Natural Resources and Water. Public resources: coastal resources and school lands.

(1)Existing

Existing law grants to the State Lands Commission control over specified public lands in the state, including indemnity lands selected in lieu of specified land granted to the state by the United States for the use of the public schools that was lost. Existing law authorizes the commission, whenever the commission determines it to the advantage of the state to do so, to select lands of the United States equal in area to the number of acres to which the state is entitled as indemnity.
This bill would repeal the provisions of existing law relating to indemnity lands and lieu lands, except that it 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.
Existing law provides that nothing in the provisions relating to the sale of school lands affects the right of the commission to use as bases for indemnity scrip any lands embraced within the exterior boundaries of a national reservation and not otherwise disposed of.
This bill would repeal that provision. The bill would provide prohibit that repeal of certain provisions of law related to public lands shall not affect 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.
Existing law establishes the School Land Bank Fund in the State Treasury, composed of all net revenues, moneys, and remittances from the sale of school lands and lieu lands, and lands. Existing law continuously appropriates the moneys in the fund to the commission, acting as the School Land Bank Trustee, to administer the fund and the interest in acquired real property, including the selection, acquisition, and conveyance of real property, for the support of the public school system. Existing law authorizes the commission, in addition to the purchase price, to pay from the fund the costs and expenses attributable to an acquisition, and also to pay the expenses attributable to the management and remediation efforts on state school lands.
This bill would explicitly authorize the commission to pay from the fund typical costs and expenses attributable to a sale of school lands, such as escrow or other third-party costs, as specified, 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.

(2)The California Coastal Act of 1976 regulates development along the state's coast and requires that oil and gas development be permitted in certain circumstances. The act requires that coastal-dependent industrial facilities be encouraged to locate or expand within existing sites, and, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of the act, they may nevertheless be permitted if (A) alternative locations are infeasible or more environmentally damaging, (B) to do otherwise would adversely affect the public welfare, and (C) adverse environmental effects are mitigated to the maximum extent feasible.

This bill would instead require that those new or expanded coastal-dependent industrial facilities be permitted in accordance with those provisions if, among other prescribed conditions, permitting that development would not adversely affect the public welfare.

The act requires the permitting of new or expanded refineries or petrochemical facilities not otherwise consistent with the act if, among other conditions, it is found that not permitting the development would adversely affect the public welfare.

This bill would revise that condition to instead require that permitting if, among those other conditions, it is found that permitting that development would not adversely affect the public welfare.

The act authorizes any person authorized to undertake a public works project or proposing an energy facility development to request any local government, with a certified local coastal program, to amend its local coastal program, if the purpose of the proposed amendment is to meet public needs of an area greater than that included within the certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the California Coastal Commission for certification. The act authorizes the commission, after public hearing, to approve and certify the proposed amendment if the local government does not amend the local coastal program and the commission finds that, after a careful balancing of social, economic, and environmental effects, to do otherwise would adversely affect the public welfare, a public need of an area greater than included within the certified local coastal program would be met, there is no feasible, less environmentally damaging alternative way to meet that need, and the proposed amendment is in conformity with the act.

This bill would revise the first condition described above to authorize the commission to approve and certify such a proposed amendment if it finds that, after a careful balancing of social, economic, and environmental effects, to do so would not adversely affect the public welfare.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6010 is added to the Public Resources Code, to read:

6010.
 The repeal of any provision of law codified in this division shall not affect any existing vested rights under those repealed provisions or under any contract, permit, lease, or agreement entered into under those repealed provisions, or the rights of any purchaser of school lands sold before the effective date of that repeal.

SEC. 2.

 The heading of Chapter 1 (commencing with Section 7301) of Part 3 of Division 6 of the Public Resources Code is amended to read:
CHAPTER  1. School Lands and Indemnity Lands

SEC. 3.

 Section 7301 of the Public Resources Code is repealed.

SEC. 4.

 Section 7301 is added to the Public Resources Code, to read:

7301.
 The commission may, in the best interest of the state, sell school lands. The commission may pay from the School Land Bank Fund Fund, created pursuant to Section 8711, the typical costs and expenses attributable to a sale of school lands, such as escrow or other third-party costs, when it is in the best interest of the state to do so.

SEC. 5.

 Section 7304 of the Public Resources Code is repealed.

SEC. 6.

 Article 2 (commencing with Section 7401) of Chapter 1 of Part 3 of Division 6 of the Public Resources Code is repealed.

SEC. 7.

 Article 2 (commencing with Section 7400) is added to Chapter 1 of Part 3 of Division 6 of the Public Resources Code, to read:
Article  2. Indemnity Land Selections

7400.
 The Legislature finds and declares that, as of January 1, 2020, the commission has acquired roughly 81,643 acres of indemnity school lands and is owed roughly 51,000 additional acres of indemnity school lands.

7401.
 The commission shall ascertain from time to time the number of acres of land to which the state is entitled as indemnity and shall keep on file a statement showing of what those bases consist.

7402.
 Whenever the commission determines it to be in the best interest of the state, it the commission may select lands of the United States equal in area to the number of acres or as otherwise provided under federal law to which the state is entitled as indemnity for any losses sustained by the state to its school land grants.

7403.
 The commission is the general agent of the state for the selection of indemnity lands in lieu of the losses sustained by the state to its school land grants.

7404.
 The commission may accept the benefits of the act of Congress approved July 17, 1914, enacted as Section 121 of Title 30 of the United States Code.

SEC. 8.Section 30260 of the Public Resources Code is amended to read:
30260.

Coastal-dependent industrial facilities shall be encouraged to locate or expand within existing sites and shall be permitted reasonable long-term growth where consistent with this division. However, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of this division, they may nonetheless be permitted in accordance with this section and Sections 30261 and 30262 if (a) alternative locations are infeasible or more environmentally damaging; (b) permitting that development would not adversely affect the public welfare; and (c) adverse environmental effects are mitigated to the maximum extent feasible.

SEC. 9.Section 30263 of the Public Resources Code is amended to read:
30263.

(a)New or expanded refineries or petrochemical facilities not otherwise consistent with this division shall be permitted if all of the following conditions are met:

(1)Alternative locations are not feasible or are more environmentally damaging.

(2)Adverse environmental effects are mitigated to the maximum extent feasible.

(3)It is found that permitting the development would not adversely affect the public welfare.

(4)The facility is not located in a highly scenic or seismically hazardous area, on any of the Channel Islands, or within or contiguous to environmentally sensitive areas.

(5)The facility is sited so as to provide a sufficient buffer area to minimize adverse impacts on surrounding property.

(b)New or expanded refineries or petrochemical facilities shall minimize the need for once-through cooling by using air cooling to the maximum extent feasible and by using treated waste waters from inplant processes where feasible.

SEC. 10.Section 30515 of the Public Resources Code is amended to read:
30515.

(a)Any person authorized to undertake a public works project or proposing an energy facility development may request any local government to amend its certified local coastal program, if the purpose of the proposed amendment is to meet public needs of an area greater than that included within that certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the commission for certification. If, after review, the local government determines that the amendment requested would be in conformity with the policies of this division, it may amend its certified local coastal program as provided in Section 30514.

(b)If the local government does not amend its local coastal program, that person may file with the commission a request for amendment that shall set forth the reasons why the proposed amendment is necessary and how that amendment is in conformity with the policies of this division. The local government shall be provided an opportunity to set forth the reasons for its action. The commission may, after public hearing, approve and certify the proposed amendment if it finds, after a careful balancing of social, economic, and environmental effects, that to do so would not adversely affect the public welfare, that a public need of an area greater than that included within the certified local coastal program would be met, that there is no feasible, less environmentally damaging alternative way to meet that need, and that the proposed amendment is in conformity with the policies of this division.