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AB-826 Beach erosion: South Central California Coast: Point Conception to Point Mugu.(2021-2022)

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Date Published: 02/16/2021 09:00 PM
AB826:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 826


Introduced by Assembly Member Bennett
(Coauthors: Assembly Members Irwin and Valladares)
(Coauthors: Senators Limón and Stern)

February 16, 2021


An act to add Chapter 4.7 (commencing with Section 31185) to Division 21 of the Public Resources Code, relating to coastal resources.


LEGISLATIVE COUNSEL'S DIGEST


AB 826, as introduced, Bennett. Beach erosion: South Central California Coast: Point Conception to Point Mugu.
Existing law establishes the State Coastal Conservancy with prescribed powers and responsibilities for implementing and administering various programs intended to preserve, protect, and restore the state’s coastal areas. Existing law establishes the Santa Ana River Conservancy Program, to be administered by the conservancy, to address the resource and recreational goals of the Santa Ana River region, as provided.
This bill would establish the Beach Erosion Authority for Clean Oceans and Nourishment Program, to be administered, upon appropriation by the Legislature, by the conservancy, to address the resource and recreational goals of the South Central Coast area, as specified. The bill would authorize the conservancy to, among other things, acquire interests and options in real property and would prescribe the management, powers, and duties of the conservancy for purposes of the program. The bill would also create the Beach Erosion Authority for Clean Oceans and Nourishment Account in the State Coastal Conservancy Fund and would authorize the conservancy to expend moneys in the account, upon appropriation by the Legislature, for land acquisition, capital improvements, and support of the program’s operations as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the specified area of South Central Coast.
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 Legislature recognizes sea level rise will continue to threaten coastal communities and infrastructure through more frequent flooding and inundation, as well as increased cliff, bluff, dune, and beach erosion.
(b) Human development and pressures from a rising sea threaten the already diminished coastal wetlands along the California coast. Hundreds of miles of roads and railways, harbors and airports, power plants and wastewater treatment facilities, in addition to thousands of businesses and homes, are at risk from future flooding, inundation, and coastal retreat. The total potential impact of these coastal risks is significantly larger. Not only are economic assets and households in flood zones increasingly exposed, but also people’s safety and lives could be disrupted.
(c) California also has the nation’s largest ocean economy, valued at over $44 billion per year, with the great majority of it connected to coastal recreation and tourism, as well as ports and shipping. Many of the facilities and much of the infrastructure that support this ocean economy, as well as the state’s many miles of public beaches, lie within a few feet of present high tide.
(d) Programs such as the Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) program will serve this community by conducting an array of coastal studies and projects to preserve the South Central Coast.
(e) It is the obligation of the Legislature to encourage local governments to form bonds to counter sea level rise, beach erosion, and to preserve marine life.

SEC. 2.

 Chapter 4.7 (commencing with Section 31185) is added to Division 21 of the Public Resources Code, to read:
CHAPTER  4.7. The Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) Program

31185.
 The Beach Erosion Authority for Clean Oceans and Nourishment Program is hereby established, to be administered by the conservancy, to address the resource and recreational goals of the South Central Coast area, as provided in this chapter.

31185.1.
 For purposes of this chapter, the following terms shall apply:
(a) “Program” means the Beach Erosion Authority for Clean Oceans and Nourishment Program.
(b) “Program lands” means interests in real property acquired, managed, or subject to a project under this chapter.
(c) “The Beach Erosion Authority for Clean Oceans and Nourishment” or “area” means those lands that are located within the Central California Coast from Point Conception to Point Mugu.

31185.2.
 The conservancy may undertake projects and award grants and loans to public agencies and nonprofit organizations to help achieve all of the following goals of the program:
(a) Recreational opportunities, open space, trails, wildlife habitat and species restoration, enhancement, and protection, wetland restoration and protection, agricultural land restoration and protection, protection and maintenance of the quality of the waters in the South Central Coast for all beneficial uses, related educational use, and natural floodwater conveyance.
(b) Public access to, enjoyment of, and enhancement of recreational and educational experience on, program lands in a manner consistent with the protection of land and natural resources and economic resources in the area.

31185.3.
 In administering the program, the conservancy shall, consistent with the purposes of this chapter, do all of the following:
(a) Create an advisory group to offer advice, expertise, support, or service to the conservancy, without compensation. The advisory group may be comprised of members of the environmental community, local government, local agencies, and public and private representatives, who are all involved in projects consistent with the goals of this program pursuant to Section 31185.2.
(b) Prepare a coastal erosion and sea level rise plan that shall, at minimum, do all of the following:
(1) Determine the policies and priorities for conserving the South Central Coast.
(2) Identify underused, existing public open spaces and recommend ways to provide better public use and enjoyment in those areas.
(3) Identify and prioritize additional low-impact recreational and open-space needs, including additional or upgraded facilities and parks that may be necessary or desirable.
(c) Give priority to sea level rise and coastal erosion related projects that create expanded opportunities for recreation, greening, aesthetic improvement, and wildlife habitat along the coast and in parts of the shoreline that can be improved without infringing on water quality, water supply, and necessary flood control.
(d) Implement the program in conformance with all related general and specific plans and zoning regulations of local agencies within the South Central Coast area.

31185.4.
 In carrying out the purposes of this chapter, and without limiting the express or implied powers of the conservancy in implementing this chapter, the conservancy shall have, and may exercise, all necessary rights and powers, expressed or implied, except as otherwise provided in this chapter. Without limitation, the conservancy may do all of the following:
(a) (1) Acquire interests and options in real property and make acquisition grants for these purposes.
(2) With respect to real property acquisitions by the conservancy of watersheds and lands that are within the South Central Coast area the conservancy shall provide to the city or county with geographic jurisdiction over the affected real property 30 days’ written notice of the conservancy’s intent, unless the city or county agrees to accept less notice in a given case.
(b) Exercise a right of first refusal, to the extent not in conflict with another law, for surplus public agency property located within the South Central Coast area, consistent with the coastal erosion and sea level rise plan, adopted pursuant to subdivision (b) of Section 31185.3.
(c) Lease, rent, sell, exchange, or transfer interests in real property.
(d) (1) Undertake or fund projects to implement site improvements, upgrade deteriorating facilities or construct new facilities for outdoor recreation, public access, nature appreciation and interpretation; historic and cultural preservation; or protection, restoration, or enhancement of natural resources and habitat.
(2) If the conservancy intends to undertake a project directly, the conservancy shall provide 30 days’ written notice to the city or county with geographic jurisdiction over the affected real property, unless the city or county agrees to accept less notice in a given case.
(e) Provide for the management of program lands.
(f) Fix and collect fees for the use of any land owned or controlled, or for any service provided, by the conservancy. The amount of the fees shall not exceed the reasonable cost of maintaining and operating the land or providing the services rendered by the conservancy.
(g) The conservancy may apply for and accept grants, gifts, donations of money and property, subventions, rents, royalties, and other assistance from public and private sources. These funds shall be deposited in the Beach Erosion Authority for Clean Oceans and Nourishment Account, as specified in Section 31185.8, for use in furthering the program.
(h) Recruit and coordinate volunteers and experts to conduct interpretive and recreational programs, and assist with construction projects and the maintenance of facilities.
(i) Enter into contracts and joint powers agreements.
(j) Sue and be sued.

31185.5.
 (a) The conservancy shall, as necessary and appropriate, cooperate and consult with a public water or wastewater system before the conservancy acquires an interest in real property, or awards a grant, that affects facilities and appurtenant land owned or operated by the public water or wastewater system.
(b) The conservancy shall, as necessary and appropriate, cooperate and consult with a state agency before the conservancy acquires an interest in real property, or awards a grant, that affects facilities and appurtenant land owned or operated by the state agency.

31185.6.
 (a) Notwithstanding Section 31185.4, the conservancy is subject to all laws, regulations, and general and specific plans of the legislative body of the city or county with geographic jurisdiction over the area in which the conservancy proposes to take an action.
(b) Notwithstanding Section 31185.4, the conservancy shall not do any of the following:
(1) Exercise the power of eminent domain in implementing this chapter.
(2) Manage, regulate, or control the use of any land owned or leased by another public agency, except as provided pursuant to a written agreement with that public agency.
(3) Levy a tax.
(4) Take an action that interferes with, conflicts with, impedes, adversely impacts, or prevents the planning and implementation of transportation projects and programs contained in the regional transportation plan, approved and maintained, from time to time, by the Southern California Association of Governments.
(5) Act to affect any water right or water-resource facility, including any publicly owned water treatment works, in the South Central Coast area without the consent of the affected party.

31185.7.
 To the extent feasible, in carrying out the purposes of this chapter, the conservancy shall utilize the services of the California Conservation Corps and Community Conservation Corps, as defined in Section 14507.5.

31185.8.
 (a) The Beach Erosion Authority for Clean Oceans and Nourishment Account is hereby created in the State Coastal Conservancy Fund. Moneys in the account shall accrue interest and be available, upon appropriation by the Legislature, for the purposes of this chapter.
(b) All revenue, including fee revenue received pursuant to this chapter, shall be deposited in the account.
(c) The conservancy shall administer funds appropriated to it for the program and may expend those funds for capital improvements, land acquisition, and support of the program’s operations. The conservancy may also accept money, grants, goods, or services contributed to it by a public agency, private entity, or person and, upon receipt, may use the money, grants, goods, or services for capital improvements, land acquisitions, and support of the program’s operations for purposes of this chapter.

31185.9.
 The conservancy shall include information about the program in its report to the Governor and Legislature pursuant to Section 31108.

31185.10.
 The conservancy shall implement this chapter only upon an appropriation by the Legislature for these purposes.

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 unique needs relating to the South Central California Coast from Point Conception to Point Mugu.