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AB-442 Public lands: lease.(2011-2012)

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Amended  IN  Assembly  March 31, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 442


Introduced  by  Assembly Member Silva

February 14, 2011


An act to amend Section 6201 6503.5 of the Public Resources Code, relating to public lands.


LEGISLATIVE COUNSEL'S DIGEST


AB 442, as amended, Silva. Public lands: classification. lease.
Under existing law, the State Lands Commission may lease state lands under the jurisdiction of the commission for any purpose as the commission deems advisable. Existing law provides that rent shall not be charged for a private recreational pier constructed on state lands for the use of a littoral landowner.
This bill would also provide that rent shall not be charged for a cantilevered deck extending over state waterways for the use of a littoral landowner.

Existing law authorizes the State Lands Commission to classify any or all state land for its different possible uses and authorizes the commission, to require various government entities, including the Department of Parks and Recreation, to make the classification.

This bill would make technical, nonsubstantive changes to that law.

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

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


SECTION 1.

 Section 6503.5 of the Public Resources Code is amended to read:

6503.5.
 (a) Notwithstanding the provisions of Section 6503, no rent shall not be charged for any a private recreational pier constructed on state lands or for a cantilevered deck extending over state waterways for the use of a littoral landowner. However, a littoral landowner shall pay to the commission, in accordance with its rules and regulations, the commission’s expenses in issuing a lease or permit for the state lands.
(b) As used in this section, the following terms have the following meanings:
(1) “Cantilevered deck” includes any part of a fixed structure that extends no more than five feet over state waterways and is constructed for the use of a littoral landowner.

(1)

(2) “Littoral landowner” means (A)any either of the following:
(A) A natural person or persons who own owns littoral land improved with, and used solely for, a single-family dwelling or (B).
(B) An any association of, or any a nonprofit corporation consisting of, natural persons who own parcels of land, each of which is zoned or used solely for a single-family dwelling, and who are entitled to the use of a private recreational pier or cantilevered deck on littoral land that is owned by the association or nonprofit corporation and is not more than one mile from any such parcel owned by a member thereof of the association or corporation.

(2)

(3) “Recreational pier” includes any fixed facility for the docking or mooring of boats that is constructed for the use of the littoral landowner.

SECTION 1.Section 6201 of the Public Resources Code is amended to read:
6201.

The commission may from time to time classify any or all state land for its different possible uses and when the commission deems it advisable may the commission require the Department of Parks and Recreation, the Department of Conservation, the Secretary of Food and Agriculture, or any other officer, organization, agency, or institution of the state government to make the classification. It is the duty of the officer, organization, agency, or institution to make the classification and to submit a report on the classification upon the application of the commission.