San Diego Unified Port District: territory held in trust: State Lands Commission: grant of trust lands: City of San Diego.

(1) Existing law authorizes the establishment of the San Diego Unified Port District for the acquisition, construction, maintenance, operation, development, and regulation of harbor works and improvements for the harbor of San Diego and for the promotion of commerce, navigation, fisheries, and recreation. Existing law specifies the territory to be included in the district and grants and conveys in trust to the district in the County of San Diego all the right, title, and interest of the State of California acquired by the state pursuant to specified deeds. Existing law requires the district to transfer to the State Lands Commission revenues generated on the lands granted, as specified. Existing law requires the development of a master plan for harbor and port improvement, referred to as the Port Master Plan. Existing law requires the commission to manage specified public lands in the state, including tidelands and submerged lands. Existing law further establishes the Land Bank Fund in the State Treasury, and continuously appropriates moneys in the fund to the commission for expenditure for specified purposes related to land management, the preservation of open space, habitat for plants and animals, and public access. This bill would grant in trust to the district certain additional tidelands and submerged lands held by the state within the San Diego Bay, subject to certain terms and conditions, as prescribed. The bill would require the district, by June 30, 2021, and at the end of every fiscal year thereafter, to transfer to the commission specified amounts of the revenues generated on those granted tidelands and submerged lands, and would require the commission to allocate those revenues to the Treasurer for deposit in the General Fund and the Land Bank Fund for management of the commission's granted lands program. By authorizing the deposit of additional moneys into a continuously appropriated fund, the bill would make an appropriation. The bill would require the district, on or before January 1, 2024, to submit to the commission a trust lands use plan describing any proposed development, preservation, or other use of the trust lands, and to, thereafter, submit to the commission for its approval any proposed changes to, or amendment to, the trust lands use plan. The bill would authorize the commission to consider whether the Port Master Plan meets the requirements of, and may be considered, a trust lands use plan for the trust lands granted pursuant to the bill. The bill would require, if the commission enters into a different revenue sharing agreement, the commission to provide notice, as specified, to the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Water. By imposing new duties on the district with regard to the management of, and accounting and transfer of funds from, those granted lands, the bill would impose a state-mandated local program. (2) Under existing law, the commission has jurisdiction over certain public lands in the state, including tidelands and submerged lands. Existing law authorizes the commission to enter into an exchange, with any person or any private or public entity, of filled or reclaimed tidelands or submerged lands or beds of navigable waterways, or interests in these lands, that are subject to the public trust for commerce, navigation, and fisheries, for other lands or interests in lands if the commission finds that specified conditions are met, as prescribed. This bill would grant and convey in trust to the City of San Diego, in the County of San Diego, and to its successors, all of the rights, title, and interests of the state, acquired and held by the state acting by and through the commission, subject to the common law public trust, pursuant to a specified agreement approved by the commission, in specified lands, as described. The bill would require the City of San Diego to hold these lands in trust for the same purposes and subject to the same conditions, restrictions, and requirements of certain other grants of public trust lands, as described, pursuant to a specified statute, as amended. The bill would require the City of San Diego, on or before January 1, 2024, to submit to the commission a trust lands use plan describing any proposed development, preservation, or other use of the trust lands, and to, thereafter, submit to the commission for its approval any proposed changes to, amendments to, or extensions of the trust lands use plan. The bill would require the termination of an existing interim trust lease between the commission and the City of San Diego covering those lands on January 1, 2020. By imposing new duties on a local government with regard to providing for the use and management of those trust lands, the bill would impose a state-mandated local program. (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Diego. (4) 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.