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 state’s power and right to control, regulate, and use its tidelands and submerged lands when acting within the terms of the public trust is absolute. Existing law provides that tidelands and submerged lands granted by the Legislature to local entities remain subject to the public trust, and remain subject to the oversight authority of the state by and through the commission. Existing law provides that granted public trust lands remain subject to the supervision of the state and the state retains its duty to protect the public interest in granted public trust lands.

Under existing law, the commission’s power to lease and grant is conferred upon the local trustee of the granted public trust lands. Existing law grants the City of Oakland sovereign tide and submerged lands located within its boundaries.

Existing law requires workers employed on public works to be paid not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, for work of a similar character in the locality that the public work is performed, as prescribed, unless an exception applies, and imposes misdemeanor penalties for a willful violation of this requirement.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Port of Oakland.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.