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    AB-1680 Coastal lands: coastal access plan: Hollister Ranch.(2019-2020)

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    Date Published: 08/13/2019 10:00 AM
    AB1680:v97#DOCUMENT

    Amended  IN  Senate  August 13, 2019
    Amended  IN  Assembly  March 25, 2019

    CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

    Assembly Bill
    No. 1680


    Introduced by Assembly Member Limón

    February 22, 2019


    An act to add Section 30610.7 to the Public Resources Code, relating to coastal resources.


    LEGISLATIVE COUNSEL'S DIGEST


    AB 1680, as amended, Limón. Coastal lands: coastal access plan: Hollister Ranch.
    The California Coastal Act of 1976 (coastal act) requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided. The coastal act requires every person receiving a coastal development permit or a certificate of exemption for development on any vacant lot within specified designated areas, prior to commencement of construction, to pay to the California Coastal Commission (the commission), for deposit in the Coastal Access Account, an in-lieu public access fee, with the amount of the fee determined by specified costs of acquisition, as provided. The coastal act, for purposes of those provisions governing the in-lieu public access fee amount and with respect to the Hollister Ranch public access program in the County of Santa Barbara, requires that the Hollister Ranch in-lieu fee for public access be $5,000 for each permit. The coastal act also requires that all in-lieu public access fees received pursuant to those provisions be deposited in the State Coastal Conservancy Fund and be available for appropriation to the State Coastal Conservancy for specified conservancy purposes.
    This bill would require the commission, in collaboration with the State Coastal Conservancy, the Department of Parks and Recreation, and the State Lands Commission, by April July 1, 2020, to develop a new coastal access plan for Hollister Ranch in the County of Santa Barbara that will replace the existing coastal access program for Hollister Ranch that was adopted by the commission in 1982, and would require that the coastal access plan include specified components, as provided. The bill would require the State Lands Commission, if the coastal access plan required under that provision is not completed by April 1, 2020, in collaboration with any other state agencies, boards, or commissions that are responsible for the protection and regulation of coastal lands, to implement, as expeditiously as possible, the coastal access program for Hollister Ranch that was adopted by the commission in 1982, until such time that the commission adopts a new coastal access plan for Hollister Ranch. The bill would require the State Coastal Conservancy, by April 1, 2020, and by April 1 every 5 years thereafter, to make findings and provide recommendations to the commission regarding any legislation that may be needed to adjust the in-lieu public access fees required to be paid for a coastal development permit in an amount sufficient to fund the implementation of a coastal access plan for Hollister Ranch. authorize the commission to implement the coastal access plan in phases with unspecified deadlines and would require the conservancy, in collaboration with the department and the State Lands Commission, to submit a prescribed report to the Legislature within 30 days of missing a deadline. The bill would state the intent of the Legislature that public access occur as early as possible and would require public access on a pilot project basis consistent with the coastal access plan no later than an unspecified date. The bill would require that all past, present, and future in-lieu fees received pursuant to an unspecified provision, as well as other moneys received by the conservancy for providing public access at Hollister Ranch from public and private sources, including nonprofit sources, be deposited in the Hollister Ranch Access Management Subaccount, which the bill would create in the State Coastal Conservancy Fund. The bill, upon appropriation by the Legislature, would require moneys in the subaccount to be used for any action necessary to implement the coastal access plan for Hollister Ranch.
    This bill would make legislative findings and declarations as to the necessity of a special statute for Hollister Ranch.
    Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


    SECTION 1.

     The Legislature finds and declares all of the following:
    (a) The public policy of protecting, expanding, enhancing, and promoting public access to the state’s coast, tidelands, and waterways is embodied in the California Constitution, numerous statutes and regulations, and common law.
    (b) Multiple barriers have prevented the public from accessing and enjoying an 8.5-mile stretch of the coast at Hollister Ranch in the County of Santa Barbara for over 36 years.
    (c) The limits on coastal public access at Hollister Ranch contradicts contradict the clear legislative intent that a coastal access program be implemented as expeditiously as possible at that property.
    (d) The Legislature strongly encourages the ongoing process for all stakeholders to work together to develop a new public access plan for Hollister Ranch that recognizes the unique characteristics of the area and that will provide equitable access to the coast at Hollister Ranch.

    SEC. 2.

     Section 30610.7 is added to the Public Resources Code, to read:

    30610.7.
     (a) (1) The commission shall, in collaboration with the State Coastal Conservancy, the Department of Parks and Recreation, and the State Lands Commission, by April July 1, 2020, develop a new coastal access plan for Hollister Ranch in the County of Santa Barbara that will replace the existing coastal access program for Hollister Ranch that was adopted by the commission in 1982.
    (2) The coastal access plan required to be developed under paragraph (1) shall include all of the following components with respect to coastal lands at Hollister Ranch:
    (A) A provision providing for public access by land.
    (B) A description of beach recreation areas.
    (C) A description of scientific and educational areas.

    (b)If the coastal access plan required under subdivision (a) is not completed by April 1, 2020, the State Lands Commission, in collaboration with any other state agencies, boards, or commissions that are responsible for the protection and regulation of coastal lands, shall implement, as expeditiously as possible, the coastal access program for Hollister Ranch that was adopted by the commission in 1982, until such time that the commission adopts a new coastal access plan for Hollister Ranch.

    (c)By April 1, 2020, and by April 1 every five years thereafter, the State Coastal Conservancy shall make findings and provide recommendations to the commission regarding any legislation that may be needed to adjust the in-lieu public access fees required to be paid for a coastal development permit pursuant to subdivision (b) of Section 30610.8 in an amount sufficient to fund the implementation of a coastal access plan for Hollister Ranch.

    (3) In addition to the components required by paragraph (2), the coastal access plan may include any of the following:
    (A) A summary of permits needed to implement the plan.
    (B) An implementation strategy.
    (C) Recommendations for near-term implementation of specified portions of the plan.
    (4) If the commission chooses to implement the coastal access plan in phases, the first phase of the plan shall include, but not be limited to, engaging a broad range of interested organizations and individuals to articulate a shared vision for future public access at Hollister Ranch and to catalog potential opportunities and constraints in achieving those objectives. This phase shall provide for diverse, equitable, and inclusive access that meets the needs, interests, and concerns of as broad a range of Californians as possible. The first phase shall be developed on or before ____.
    (5) If the commission chooses to implement the coastal access plan in phases, the second phase of the plan shall establish deadlines for the full implementation of the plan. The second phase shall be completed by ____.
    (6) While the coastal access plan’s full implementation may be conducted in phases, it is the intent of the Legislature that public access occur as early as possible. Thus, there shall be public access on a pilot project basis consistent with the coastal access plan no later than ____.
    (b) If a coastal access plan deadline required under subdivision (a) is not met for any reason, the State Coastal Conservancy, in collabo State Coastal Conservancy Fund. Moneys in the subaccount, upon appropriation by the Legislature, shall be used for any action necessary to implement the coastal access plan for Hollister Ranch.

    SEC. 3.

     The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding Hollister Ranch.