BILL NUMBER: AB 1169 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Gomez
FEBRUARY 27, 2015
An act to amend Section 6359 75125
of the Public Resources Code, relating to submerged lands
public res ources .
LEGISLATIVE COUNSEL'S DIGEST
AB 1169, as amended, Gomez. Submerged lands.
Strategic Growth Council: state funding signs.
Existing law establishes the Strategic Growth Council in state
government that consists of various heads of state agencies and
certain other members. Existing law requires the council to engage in
certain activities, including identifying and reviewing activities
and funding programs of member state agencies that may be coordinated
to improve air and water quality, improving natural resources
protection, increasing the availability of affordable housing,
improving transportation, meeting goals of the California Global
Warming Solutions Act of 2006, encouraging sustainable land use
planning, and revitalizing urban and community centers in a
sustainable manner. Existing law provides for the council to award
grants and loans to support the planning and development of
sustainable communities.
This bill would require recipients of state funding from the
council or member state agencies for a project to post signs
acknowledging the source of funds for the project pursuant to
guidelines adopted by the council. The bill, if a project is funded
from state and nonstate sources, would require the state funding
source to be listed first if state funding equals 50% or more of
total project costs.
Existing law establishes the State Lands Commission in the Natural
Resources Agency and prescribes the functions and duties of the
commission. If tide or submerged lands are conveyed by a legislative
enactment and a prior survey has not been made and the act does not
contain a description of those lands by metes and bounds, existing
law requires the commission to survey, monument, and record a plat
and a metes and bounds description of those lands within 2 years of
the effective date of the act in the county recorder's office in the
county or counties where those lands are located. Upon recordation,
existing law provides that the survey, monuments, plat, and
description are binding upon the state, the grantee, and their
successors in interest.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 75125 of the Public
Resources Code is amended to read:
75125. The council shall do all of the following:
(a) (1) Identify and review activities and
funding programs of member state agencies that may be coordinated to
improve air and water quality, improve natural resource protection,
increase the availability of affordable housing, improve
transportation, meet the goals of the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code), encourage sustainable land use
planning, and revitalize urban and community centers in a sustainable
manner. At a minimum, the council shall review and comment on the
five-year infrastructure plan developed pursuant to Article 2
(commencing with Section 13100) of Chapter 2 of Part 3 of Division 3
of the Government Code and the State Environmental Goals and Policy
Report developed pursuant to Section 65041 of the Government Code.
(2) Require all recipients of state funding from the council or
member state agencies for a project to post signs acknowledging the
source of funds for the project, pursuant to guidelines adopted by
the council. If a project is funded from state and nonstate sources,
the state funding source shall be listed first if state funding
equals 50 percent or more of total project costs.
(b) Recommend policies and investment strategies and priorities to
the Governor, the Legislature, and to appropriate state agencies to
encourage the development of sustainable communities, such as those
communities that promote equity, strengthen the economy, protect the
environment, and promote public health and safety, consistent with
subdivisions (a) and (c) of Section 75065.
(c) Provide, fund, and distribute data and information to local
governments and regional agencies that will assist in developing and
planning sustainable communities.
(d) Manage and award grants and loans to support the planning and
development of sustainable communities, pursuant to Sections 75127,
75128, and 75129. To implement this subdivision, the council may do
all of the following:
(1) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional consideration.
(2) Develop criteria for determining the amount of financial
assistance to be awarded. The council shall award a revolving loan to
an applicant for a planning project, unless the council determines
that the applicant lacks the fiscal capacity to carry out the project
without a grant. The council may establish criteria that would allow
the applicant to illustrate an ongoing commitment of financial
resources to ensure the completion of the proposed plan or project.
(3) Provide for payments of interest on loans made pursuant to
this article. The rate of interest shall not exceed the rate earned
by the Pooled Money Investment Board.
(4) Provide for the time period for repaying a loan made pursuant
to this article.
(5) Provide for the recovery of funds from an applicant that fails
to complete the project for which financial assistance was awarded.
The council shall direct the Controller to recover funds by any
available means.
(6) Provide technical assistance for application preparation.
(7) Designate a state agency or department to administer technical
and financial assistance programs for the disbursing of grants and
loans to support the planning and development of sustainable
communities, pursuant to Sections 75127, 75128, and 75129.
(e) No later than July 1, 2010, and every year thereafter, provide
a report to the Legislature that shall include, but is not limited
to, all of the following:
(1) A list of applicants for financial assistance.
(2) Identification of which applications were approved.
(3) The amounts awarded for each approved application.
(4) The remaining balance of available funds.
(5) A report on the proposed or ongoing management of each funded
project.
(6) Any additional minimum requirements and priorities for a
project or plan proposed in a grant or loan application developed and
adopted by the council pursuant to subdivision (c) of Section 75126.
SECTION 1. Section 6359 of the Public Resources
Code is amended to read:
6359. (a) Whenever by legislative enactment tide or submerged
lands of the state are granted or conveyed or authorized to be
granted or conveyed, or whenever a previous enactment is amended, and
a prior survey has not been made, and the act does not contain a
description of those lands by metes and bounds, the commission shall
within two years following the effective date of the act survey,
monument, and record a plat and a metes and bounds description of
those lands in the office of the county recorder in the county or
counties in which those lands are located. Upon recordation, the
survey, monuments, plat, and description shall be binding upon the
state, the grantee, and their successors in interest.
(b) A grant or conveyance, or amended grant or conveyance, shall
not be effective until completion of the survey and recordation. The
cost of the survey and recordation shall be paid by the person or
entity to which the grant or conveyance is made.