California 2017-2018 Regular Session Status: Enacted

AB 1759 — Public trust lands: City of Sacramento.

Last action — Chaptered by Secretary of State - Chapter 250, Statutes of 2018.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 04, 2018. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 authorizes the State Lands Commission to enter into an exchange with any person or any private or public entity of filled or reclaimed tide and submerged lands or beds of navigable waterways, or interests in these lands, that are subject to the public trust if the commission determines that certain conditions are met, including that the exchange is for one or more specified purposes. Existing law grants the rights and interests of the state in specified portions of the old bed of the American River to the City of Sacramento, subject to certain conditions and requirements. This bill would grant and convey in trust in relation to real property known as the Sand Cove Parcels, as described, to the City of Sacramento, in the County of Sacramento, and to its successors, all of the rights, title, and interests of the state, to be held by the city in trust for the benefit of all the people of the state for public trust purposes, as provided. The bill would authorize the city to use the trust lands for the construction, reconstruction, repair, and maintenance of any transportation, utility, or other infrastructure that is incidental, necessary, or convenient to promote or accommodate uses consistent with the public trust doctrine. The bill would require the city to comply with various requirements regarding the use of the trust lands, including that the city submit a trust lands use plan and a trust lands use report to the State Lands Commission. If the commission determines that the city is violating or about to violate the terms of the trust grant or other law relating to its obligations under the public trust doctrine or this bill, the bill would authorize the commission, after providing notice and an opportunity to correct the violation, to bring an action to enforce the rights of the state and people as settlor beneficiary of the public trust doctrine. The bill would repeal specified statutes to facilitate the transfer of these trust lands to the city pursuant to the bill. By adding to the duties on the City of Sacramento with respect to the use and management of trust lands, this 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 State Lands 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 that, commencing June 30, 2019, and at the end of every fiscal year thereafter, 20% of all annual gross revenues generated from leases or improvements to the trust lands granted to the City of Sacramento pursuant to the bill be transferred to the commission, and would require the commission to allocate 80% of those revenues to the Treasurer for deposit in the General Fund, and 20% to the Treasurer for deposit in the Land Bank Fund for expenditure for management of the commission's granted lands program. By providing for the deposit of moneys in a continuously appropriated fund, this bill would make an appropriation. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 250, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5280.).

  6. Read second time. Ordered to Consent Calendar.

  7. From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  8. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 26). Re-referred to Com. on APPR.

  9. Referred to Com. on N.R. & W.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5436.).

  12. Read second time. Ordered to Consent Calendar.

  13. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 23).

  14. Re-referred to Com. on APPR.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 7).

  17. Re-referred to Com. on NAT. RES.

  18. Read second time and amended.

  19. From committee: Amend, and re-refer to Com. on NAT. RES. (Ayes 10. Noes 0.) (April 23).

  20. From committee: Be re-referred to Com. on NAT. RES. Re-referred. (Ayes 7. Noes 0.) (April 12). Re-referred to Com. on NAT. RES.

  21. Re-referred to Com. on RLS.

  22. Re-referred to Com. on RLS. pursuant to Assembly Rule 96.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  24. Referred to Coms. on TRANS. and H. & C.D.

  25. From printer. May be heard in committee February 4.

  26. Read first time. To print.

Sponsors

  • McCarty · Primary
  • Pan · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • McCarty

Co-sponsors (1)

  • Pan

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Consent Calendar AB1759 McCarty et al. Urgency Clause

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Bradford — Yea
Hernandez — Yea
Wilk — Yea
Chang — Yea
Hueso — Yea
Lara — Yea
Leyva — Yea
Wieckowski — Yea
Mitchell — Yea
Delgado — Yea
Allen — Yea
Bates — Yea
Cannella — Not Voting
Glazer — Yea
Dodd — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Hertzberg — Yea
Hill — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Fuller — Not Voting
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 3000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Hueso — Yea
Hertzberg — Yea
Allen — Yea
Monning — Yea
Vidak — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea

Official roll call →

AB 1759 MCCARTY Consent Calendar Second Day

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 57000
Democratic 15000
Republican 6000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Mathis — Yea
Obernolte — Yea
Rendon — Yea
Santiago — Yea
Ting — Yea
Waldron — Yea
Eggman — Yea
Chiu — Yea
Maienschein — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Friedman — Yea
Fong — Yea
Salas — Yea
Harper — Yea
Gray — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Rubio — Yea
Kiley — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Baker — Yea
Chau — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Cooley — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 2001
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bloom — Yea
Mathis — Yea
Nazarian — Yea
Obernolte — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Bigelow — Yea
Chau — Yea
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

housing environment transportation
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Frequently asked questions

What does AB 1759 do?
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 authorizes the State Lands Commission to enter into an exchange with any person or any private or public entity of filled or reclaimed tide and submerged lands or beds of navigable waterways, or interests in these lands, that are subject to the public trust if the commission determines that certain conditions are met, including that the exchange is for one or more specified purposes. Existing law grants the rights and interests of the state in specified portions of the old bed of the American River to the City of Sacramento, subject to certain conditions and requirements. This bill would grant and convey in trust in relation to real property known as the Sand Cove Parcels, as described, to the City of Sacramento, in the County of Sacramento, and to its successors, all of the rights, title, and interests of the state, to be held by the city in trust for the benefit of all the people of the state for public trust purposes, as provided. The bill would authorize the city to use the trust lands for the construction, reconstruction, repair, and maintenance of any transportation, utility, or other infrastructure that is incidental, necessary, or convenient to promote or accommodate uses consistent with the public trust doctrine. The bill would require the city to comply with various requirements regarding the use of the trust lands, including that the city submit a trust lands use plan and a trust lands use report to the State Lands Commission. If the commission determines that the city is violating or about to violate the terms of the trust grant or other law relating to its obligations under the public trust doctrine or this bill, the bill would authorize the commission, after providing notice and an opportunity to correct the violation, to bring an action to enforce the rights of the state and people as settlor beneficiary of the public trust doctrine. The bill would repeal specified statutes to facilitate the transfer of these trust lands to the city pursuant to the bill. By adding to the duties on the City of Sacramento with respect to the use and management of trust lands, this 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 State Lands 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 that, commencing June 30, 2019, and at the end of every fiscal year thereafter, 20% of all annual gross revenues generated from leases or improvements to the trust lands granted to the City of Sacramento pursuant to the bill be transferred to the commission, and would require the commission to allocate 80% of those revenues to the Treasurer for deposit in the General Fund, and 20% to the Treasurer for deposit in the Land Bank Fund for expenditure for management of the commission's granted lands program. By providing for the deposit of moneys in a continuously appropriated fund, this bill would make an appropriation. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 1759?
AB 1759 is sponsored by McCarty and Pan.
What is the current status of AB 1759?
This bill has been enacted into law. Introduced January 04, 2018. Enacted.
Where can I track AB 1759?
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