Public trust lands: Encinal Terminals public trust lands: City of Alameda.

Under existing law, known as the public trust doctrine, the state has title as trustee to all tidelands and navigable lakes and streams and is charged with preserving these waterways for navigation, commerce, and fishing, as well as for scientific study, recreation, and as an open space and habitat for birds and marine life. Existing law establishes the State Lands Commission in the Natural Resources Agency. Existing law provides that the commission has exclusive jurisdiction over all ungranted tidelands and submerged lands owned by the state. Existing law authorizes the commission to enter into an exchange, with any person or any private or public entity, of filled or reclaimed tidelands and 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. This bill would authorize the commission to convey to the City of Alameda, in trust, as defined, and the bill would authorize the city to accept, any lands to be exchanged into the trust pursuant to an exchange agreement, as defined, to which the city is a party, as provided. The bill would grant the Encinal Terminals public trust lands, as defined, to the city, in accordance with the terms and conditions of the Encinal Terminals exchange agreement, as defined, to be held by the city subject to the terms and conditions of the granting act, as defined, and the public trust, as defined. By adding to the duties of the city with respect to the use and management of trust lands, this bill would impose a state-mandated local program. The bill would require the commission to notify the appropriate committees of the Legislature if the conveyances authorized in the Encinal Terminals exchange agreement have not been completed within the terms of the agreement, as provided. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Alameda. 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.