California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 1 - General Provisions › Section 1900 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to this Chapter
					 unless otherwise provided.
(a) The
				  term "applicant" includes any person who files an application under these
				  regulations.
(b) The term "person"
				  includes any individual, firm, partnership, business entity, business trust,
				  association, corporation, or governmental entity or agency.
(c) The term "lease" includes a permit,
				  right-of-way, easement, license, compensatory agreement, or other entitlement
				  of use.
(d) The term "structure"
				  means any manmade construction.
(e)
				  The term "sovereign lands" means the beds of all the State's natural, navigable
				  waterways, and tide and submerged lands, including those adjacent to the coast
				  and offshore islands of the State from the ordinary high water mark to three
				  geographic miles offshore. On tidal waterways, the State's sovereign fee
				  ownership extends landward to the ordinary high water mark, except for areas of
				  fill or artificial accretion, in which case the boundary is fixed at the
				  location of the last ordinary high water mark prior to artificial influences,
				  or where the boundary has been fixed by agreement or a court order. On
				  navigable non-tidal waterways, including lakes, the State holds fee ownership
				  of the bed of the waterway landward to the ordinary low water mark.
(f) The term "submerged lands" means the area
				  lying below the elevation of ordinary low water in the beds of all tidal and
				  nontidal navigable waters.
(g) The
				  term "tidelands" means the area lying between the elevations of ordinary low
				  water and ordinary high water on lands subject to tidal action.
(h) The term "uplands" shall mean lands
				  bordering on navigable waterways.
(i) The term "school lands" refers to all
				  Sections 16 and
				  36 granted to the State for the
				  benefit of common schools by Chapter 145 of the Federal Statutes of
				  1853.
(j) The term "lieu or
				  indemnity lands" refers to those lands acquired by the State in place of school
				  lands it previously acquired or school lands to which it did not receive title
				  because they were either mineral in character, had not been sectionalized, or
				  were subject to prior established rights.
(k) The terms "merchandise," "product" and
				  "commodity" are interchangeable and shall include, goods, wares, chattels,
				  personal property of every description, cargo, freight, mail, vessel's stores
				  and supplies, articles, matter and material.
(l) The term "impact area" means a reasonable
				  area beyond the footprint of the actual facilities or improvements occupying
				  State land. The "impact area" is intended to reflect the additional and
				  temporary use, as well as impacts to public access or use, of State land for
				  the docking of vessels, maintenance of the facility, or other such
				  uses.
(m) The following formula,
				  hereafter called the "Adjustment Formula," shall be used to determine the
				  adjusted minimum annual rent for each year subsequent to July 1, 2014:
				  (((Current CPI -- Prior CPI)/ Prior CPI) + 1) x Previous Year's Rent = Adjusted
				  Annual Rent
(n) The term "CPI"
				  means the index published periodically by the California Department of
				  Industrial Relations and titled "California Consumer Price Index (1955-2013)
				  All Items (1982-1984 = 100)," a successor index to the aforementioned, or a
				  reasonably equivalent index acceptable to the Lessor and Lessee.
1. Repealer
					 of Article 1 (Sections
					 1900-1914) and new Article 1
					 (Sections 1900-1911) filed 6-2-78; effective
					 thirtieth day thereafter (Register 78, No. 22). For prior history, see
					 Registers 77, No. 6; 75, No. 22; 73, No. 9; 69, No. 15; 64, No. 23; 58, No. 5;
					 55, Nos. 12 and 25, No. 5.
2. Repealer of Article 1 (Sections
					 1900-1911) and new Article 1
					 (Sections 1900-1910 not consecutive) filed
					 12-2-81; effective thirtieth day thereafter (Register 81, No.
					 49).
3. New subsections (e), (l), (m) and (n) and subsection
					 relettering filed 3-10-2014; operative 7-1-2014 (Register 2014, No.
					 11).
4. Change without regulatory effect amending subsection (m)
					 filed 3-24-2015 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2015, No. 13).
Note: Authority cited: Sections
						6002,
						6105,
						6108,
						6301,
						and
						6501,
						Public Resources Code; and 3 Cal. 3d 462, 478 (tide and submerged lands).
						Reference: Sections
						6301
						and
						6501,
						Public Resources Code.