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AB-1153 San Diego Unified Port District.(2023-2024)

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Date Published: 02/16/2023 09:00 PM
AB1153:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1153

Introduced by Assembly Member Alvarez

February 16, 2023

An act to add Section 19.5 to the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962), relating to the San Diego Unified Port District.


LEGISLATIVE COUNSEL'S DIGEST


AB 1153, as introduced, Alvarez. San Diego Unified Port District.
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 establishes the board of commissioners of the port district, which is required to draft a master plan for harbor and port improvement and for the use of all the tidelands and submerged lands under the port district’s jurisdiction.
This bill would require the board, in implementing the master plan, to include funding for cooperative infrastructure and capital projects that directly address maritime industrial impacts by the port in cities that host maritime terminals, as specified. In addition to that funding, this bill would require the board to dedicate 1% of the port’s revenue, as specified, for those cooperative infrastructure and capital projects.
This bill would also require the board to dedicate 1% of the port district’s rental income, as specified, to converting industrial properties in disadvantaged communities, as defined, within the district to open space.
By requiring the board to provide this funding, this bill would impose a state-mandated local program.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 It is the intent of the Legislature that:
(a)  The San Diego Unified Port District provide financial incentives to communities to preserve and expand the working waterfront by using revenues for cooperative infrastructure and capital projects in the cities that host a working waterfront in order to address the adverse environmental and economic impacts on those cities.
(b) New developments, projects, policies, and new leases with new or existing tenants must prevent increase in health, environmental, and access disparities in vulnerable communities.

SEC. 2.

 Section 19.5 is added to the San Diego Unified Port District Act (Chapter 67 of the Statutes of 1962), to read:

Sec. 19.5.

 (a) In order to protect and enhance the economic benefits of import and export activities for the San Diego region and the state, it is necessary to provide incentives to communities that experience the adverse environmental, economic, quality of life, and other impacts that result from hosting a working waterfront, such as a decrease in recreation opportunities, the loss of municipal revenue opportunities, increased noise and traffic, and negative effects upon air quality. These impacts are also described generally as “maritime industrial impacts.”
(b) In implementing the master plan adopted pursuant to Section 19, the board shall include funding for cooperative infrastructure and capital projects on and off tidelands and submerged lands, consistent with the public trust doctrine, that directly address maritime industrial impacts by the port in cities that host maritime terminals.
(c) Cities that demonstrate all of the following shall be eligible to receive maritime industrial impacts funding from the board for cooperative infrastructure and capital projects:
(1) Host at least one maritime terminal.
(2) Have census tracts near maritime terminals that exceed state standards for average annual particulate matter exposure and have been designated as an environmental justice community, as determined by the San Diego County Air Pollution Control District.
(3) Have census tracts near maritime terminals that are less than or equal to 80 percent of regional median income.
(4) Have a planning area near the maritime terminal, with residential zones that have restricted public access to the tidelands and submerged lands and waterfront that are within close proximity to the planning area.
(d) The board shall create the “Community Impact Fund” and deposit 1 percent of all nontax port district gross revenue into that fund. In addition to the funding required in subdivision (b), the board shall use the moneys in the fund to pay for projects that address maritime industrial impacts that are proposed by eligible cities.
(e) The State Lands Commission shall be the final arbiter of any disputes with regard to eligibility and approval of projects, consistent with the commission’s authority over projects on and off tidelands and submerged lands, as set forth in Section 30.5. The commission shall, to the extent feasible, rely on both of the following:
(1) Existing local, state, and federal agency studies.
(2) Port studies conducted on port impacts.
(f) (1) The board shall create the “Future Public Access Fund” and deposit 1 percent of eligible rents into that fund. The board shall use the moneys in the fund to convert industrial property in disadvantaged communities within the district to open space, including, but not limited to, parks, plazas, and promenades.
(2) For purposes of this subdivision, the following terms have the following meanings:
(A) “Disadvantaged community” means a community identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code.
(B) “Eligible rents” means payments to the port district for the lease of real property located in the district and not in a disadvantaged community.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.