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AB-2160 Coastal resources: coastal development permits: fees. (2021-2022)

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Date Published: 09/14/2022 09:00 PM
AB2160:v95#DOCUMENT

Assembly Bill No. 2160
CHAPTER 280

An act to add Section 30600.6.1 to the Public Resources Code, relating to coastal resources.

[ Approved by Governor  September 13, 2022. Filed with Secretary of State  September 13, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2160, Bennett. Coastal resources: coastal development permits: fees.
Existing law, the California Coastal Act of 1976, requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit, as provided. The act further provides for the certification of local coastal programs by the California Coastal Commission. The act prohibits the commission, except as provided, from exercising its coastal development permit review authority, as specified, over any new development within the area to which the certified local coastal program, or any portion thereof, applies. Existing law requires a local government, if it has been delegated authority to issue coastal development permits, to recover any costs incurred from fees charged to individual permit applicants. Existing law authorizes the local government to elect to not levy fees, as provided.
This bill would, at the request of an applicant, as defined, for a coastal development permit, authorize a city or county to waive or reduce the permit fee for specified projects. The bill would authorize the applicant, if a city or county rejects a fee waiver or fee reduction request, to submit the coastal development permit application directly to the commission.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 30600.6.1 is added to the Public Resources Code, to read:

30600.6.1.
 (a) For purposes of this section, the following terms shall apply:
(1) “Applicant” means a public agency or a nonprofit organization, as that term is defined in Section 31013.
(2) “Habitat restoration project” means a project proposed for the sole purpose of restoring or enhancing the ecological function, biodiversity, or resiliency of native habitat.
(3) “Public access project” means a project with the primary purpose of creating, enhancing, expanding, or restoring public amenities that provide access to or along the coast.
(b) At the request of an applicant for a coastal development permit, a city or county may waive or reduce a coastal development permit fee for a public access project or habitat restoration project. If a city or county rejects a fee waiver or fee reduction request, the applicant may, notwithstanding Section 30519, submit the coastal development permit application directly to the commission.
(c) Nothing in this section shall be construed to impact, address, or change a local coastal plan or program.