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AB-2754 California Coastal Act of 1976: coastal development.(2017-2018)

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Date Published: 04/04/2018 09:00 PM
AB2754:v97#DOCUMENT

Amended  IN  Assembly  April 04, 2018
Amended  IN  Assembly  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2754


Introduced by Assembly Member Levine

February 16, 2018


An act to amend Section 30106 of the Public Resources Code, relating to coastal resources.


LEGISLATIVE COUNSEL'S DIGEST


AB 2754, as amended, Levine. California Coastal Act of 1976: coastal development.
The California Coastal Act of 1976 establishes the California Coastal Commission and requires the commission to implement and administer a coastal development permit process within the coastal zone, as defined. For purposes of the act, “development” is defined to mean, on land or in water, among other things, placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, as described; and any other division of land, as specified.
This bill would provide that “development” does not include ongoing and routine agricultural practices, as described, unless the commission or a local government with development review authority pursuant to a certified local coastal program, as specified, makes a finding that the activity has a substantial impact on protected coastal resources.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 30106 of the Public Resources Code is amended to read:

30106.
 (a) (1) “Development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of that land by a public agency for public recreational use; change in the intensity of use of water, or of access to that water; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
(2) “Development” does not include routine and ongoing agricultural activities, as defined in subdivision (b) of Section 786.1 of Title 14 of the California Code of Regulations, unless the commission or a local government with development review authority pursuant to a certified local coastal program, as specified in subdivision (d) of Section 30600, makes a finding that the activity has a substantial impact on protected coastal resources.
(b) As used in this section, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.