SB 42 California Senate · 2017-2018 Regular Session

Public lands: Martins Beach: property acquisition.

Summary
(1) Existing law establishes the State Lands Commission in the Natural Resources Agency, and vests with the commission control over specified state lands, including coastal lands. Existing law requires the commission to consult, and enter into any necessary negotiations, with the owners of a specified property known as the Martins Beach property, as described, in the unincorporated area of the County of San Mateo, to acquire a right-of-way or easement for the creation of a public access route to and along the shoreline, including the sandy beach. Existing law authorizes the commission, if it is unable to reach an agreement to acquire the right-of-way or easement for the creation of that public access route or the owners do not voluntarily provide access by January 1, 2016, to acquire a right-of-way or easement for the creation of that public access route at Martins Beach, in accordance with specified procedures. Existing law, the Kapiloff Land Bank Act, creates the Land Bank Fund and continuously appropriates moneys 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 title settlements. Existing law requires that moneys in the fund be available for expenditure by the trustee to purchase outstanding interests in land where the public use and ownership of the land is necessary or extremely beneficial for furtherance of public trust purposes. Existing law authorizes acquisitions by negotiated agreement with the owner of the outstanding interests and specifies that the act is not intended to confer any authority to exercise the power of eminent domain for its purposes. This bill would create the Martins Beach Subaccount in the fund, and would require that moneys received from public and private sources, including nonprofit sources, to be used for the creation of that public access route be deposited into that subaccount and continuously appropriated to the commission for expenditure to acquire that right-of-way or easement, as prescribed, and be expended in accordance with a specified priority. The bill would also authorize the commission to transfer moneys from the fund to the subaccount, in an amount not to exceed $1,000,000, for expenditure for that public access route, and would permit the commission to acquire the right-of-way or easement necessary for the creation of that public access route, as prescribed. The bill would authorize the commission to deposit into the subaccount and expend specified moneys received from the County of San Mateo for purposes related to the creation of that public access route. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for Martins Beach. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Bill status vetoed 4 of 5 stages cleared
Introduction
Dec 2016
Committee Review
Sep 2017
Senate Passage
May 2017
Assembly Passage
Sep 2017
Vetoed
Mar 2018
Introduced Dec 5, 2016 Vetoed Mar 3, 2018
Floor votes · Senate Jun 1, 2017 · Assembly Sep 7, 2017

How they voted

239
Passed
Total votes 32
Jun 1, 2017
D Democratic22
22 Yea
100% Yea
R Republican10
1 Yea 9 Nay
90% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
31
Key actions
10
Committee
8
Amendments
3
Mar 3, 2018
Vetoed
Last day to consider Governor’s veto pursuant to Joint Rule 58.5.
upper
Oct 8, 2017
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Oct 8, 2017
Vetoed
Vetoed by the Governor.
upper
Sep 11, 2017
Upper · Passed
Assembly amendments concurred in. (Ayes 28. Noes 12. Page 2690.) Ordered to engrossing and enrolling.
upper
Sep 8, 2017
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 7, 2017
Assembly · Passed
Assembly Vote: pass (49-19-1)
assembly
Sep 1, 2017
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 5.) (September 1).
lower
Jul 11, 2017
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 11). Re-referred to Com. on APPR.
lower
Jun 22, 2017
Lower · Passed
Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 21, 2017
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 1.) (June 19).
lower
Jun 12, 2017
Committee
Referred to Coms. on NAT. RES. and JUD.
lower
Jun 1, 2017
Senate · Passed
Senate Vote: pass (23-9)
senate
May 25, 2017
Upper · Passed
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1176.) (May 25).
upper
Mar 20, 2017
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Mar 16, 2017
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 363.) (March 14).
upper
Jan 12, 2017
Committee
Referred to Com. on N.R. & W.
upper
Dec 5, 2016
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 1 co-sponsor

Sponsors