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AB-1426 Public resources: San Onofre State Beach: Richard H. and Donna O’Neill Conservancy: road construction.(2019-2020)



Current Version: 09/04/19 - Amended Assembly         Compare Versions information image


AB1426:v97#DOCUMENT

Amended  IN  Assembly  September 04, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1426


Introduced by Assembly Member Boerner Horvath

February 22, 2019


An act to add Section 5002.8 to the Public Resources Code, relating to state beaches. public resources.


LEGISLATIVE COUNSEL'S DIGEST


AB 1426, as amended, Boerner Horvath. State beaches: Public resources: San Onofre State Beach: report on encroaching state or local agency infrastructure project. Richard H. and Donna O’Neill Conservancy: road construction.
Existing law vests the Department of Parks and Recreation with control of the state park system, which includes state beaches. Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property.
This bill would require the department to report to specified policy committees of the Legislature about any proposed state or local agency infrastructure project that would encroach or interfere with the operation of San Onofre State Beach. prohibit certain joint powers agencies from constructing, funding, or operating a major thoroughfare within a specified area of Southern California, and would restrict the authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in that same area, as specified. The bill would prohibit a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, from constructing, funding, approving, or otherwise authorizing the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or lands that are part of the Richard H. and Donna O’Neill Conservancy, with specified exceptions.
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) San Onofre State Beach is California’s sixth most popular state park and serves more than 2,000,000 visitors each year.
(b) San Onofre State Beach’s campgrounds provide greatly needed affordable coastal accommodations that provide critical coastal access opportunities for California families and visitors who contribute to California’s economy.
(c) Studies indicate that visitors to San Onofre State Beach contribute more than six million dollars ($6,000,000) to California’s coastal economy.
(d) San Onofre State Beach is home to the world-class Trestles surfing area that was immortalized in the famous Beach Boys song “Surfin’ USA.”
(e) Protecting San Onofre State Beach is important to California’s economy, quality of life, and environment.
(f) In 2016, the Attorney General, State Park and Recreation Commission, Native American Heritage Commission, Foothill/Eastern Transportation Corridor Agency, and conservation organizations entered into a legal settlement agreement protecting San Onofre State Beach and the Richard H. and Donna O’Neill Conservancy from a proposed tollroad project.
(g) As part of the settlement agreement, the Foothill/Eastern Transportation Corridor Agency agreed to not construct a road through the agreement’s defined “avoidance area,” which consists of undeveloped lands that are critical to maintaining the integrity of, and connectivity to, habitat conservation plan areas in the Counties of Orange and Riverside, as recognized in the California Essential Habitat Connectivity Project prepared for the Department of Fish and Wildlife, and includes San Onofre State Beach and the Richard H. and Donna O’Neill Conservancy.
(h) In 2016, the Natural Resources Agency, the Department of Transportation, the Foothill/Eastern Transportation Corridor Agency, and conservation organizations signed an agreement whereby the Department of Transportation agreed to not authorize the construction of a major thoroughfare in the agreement’s avoidance area, except for a project to widen Interstate 5, and the Foothill/Eastern Transportation Corridor Agency agreed to not fund or construct a road in the agreement’s avoidance area.
(i) This act is necessary to ensure the protection of San Onofre State Beach and the Richard H. and Donna O’Neill Conservancy.

SEC. 2.

 Section 5002.8 is added to the Public Resources Code, to read:

5002.8.
 (a) For purposes of this section, the following definitions apply:
(1) “Avoidance area” means the lands encompassed within the avoidance area as defined in the consent decree.
(2) “Consent decree” means the judgment confirming and implementing the settlement agreement entered by the San Diego Superior Court on January 19, 2017, for case numbers GIN051194, GIN051371, 37-2013-00049797-CU-WM-CTL, 37-2013-00050001-CU-WM-NC, and GIN051370.
(3) “Protective agreement” means the Agreement to Address Traffic Congestion in South Orange County and Protect Sensitive Environmental, Cultural and Recreational Resources entered into by the Department of Transportation, the Natural Resources Agency, the Foothill/Eastern Transportation Corridor Agency, and the Save San Onofre Coalition, on or about March 10, 2017, pursuant to the consent decree.
(4) “Richard H. and Donna O’Neill Conservancy” means those lands that are part of the Richard H. and Donna O’Neill Conservancy and all lands that were part of the Richard H. and Donna O’Neill Conservancy on July 1, 2019.
(5) “San Onofre State Beach” means those lands that are currently part of San Onofre State Beach and all lands that were part of San Onofre State Beach on July 1, 2019, including, but not limited to, that portion of Cristianitos Road within the boundaries of San Onofre State Beach.
(b) Notwithstanding any other law, a joint powers agency acting pursuant to Section 66484.3 of the Government Code shall not construct, fund, or operate a major thoroughfare within the avoidance area.
(c) The authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in the avoidance area shall be restricted in accordance with the terms and conditions of the protective agreement.
(d) (1) Except as provided in paragraph (2), a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, shall not construct, fund, approve, or otherwise authorize the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or the Richard H. and Donna O’Neill Conservancy.
(2) This subdivision does not apply to the construction, funding, approval, or authorization of any of the following:
(A) Any new road by the Department of Parks and Recreation that is designed primarily to serve visitors to, or for the management of, San Onofre State Beach and has the sole and exclusive terminus within San Onofre State Beach.
(B) Any new road by the Richard H. and Donna O’Neill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard H. and Donna O’Neill Conservancy and has the sole and exclusive terminus within the Richard H. and Donna O’Neill Conservancy.
(C) Any improvement to an existing road in San Onofre State Beach or the Richard H. and Donna O’Neill Conservancy, the primary purpose of which is to serve visitors to those facilities, but excluding improvements primarily designed to serve through traffic.
(D) Any proposed widening of Interstate 5 as it existed on January 1, 2020.
(e) This section does not limit the authority of the federal government to construct roads within Camp Pendleton.

SECTION 1.Section 5002.8 is added to the Public Resources Code, to read:
5002.8.

The department shall report to the Senate Natural Resources and Water Committee and the Assembly Water, Parks, and Wildlife Committee about any proposed state or local agency infrastructure project that would encroach or interfere with the operation of San Onofre State Beach.