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AB-2370 Ventura Port District: aquaculture plots: federal waters.(2019-2020)

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Date Published: 03/16/2020 09:00 PM
AB2370:v98#DOCUMENT

Amended  IN  Assembly  March 16, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2370


Introduced by Assembly Member Limón

February 18, 2020


An act to add Section 6301.1 to the Harbors and Navigation Code, relating to port districts, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2370, as amended, Limón. Ventura Port District: aquaculture plots: federal waters.
Existing law provides for the formation of port districts, with specified powers and duties, for the purpose of aiding or developing navigation, commerce, or fishing. Existing law authorizes a port district to do any work or make any improvement within or without the territorial limits of the port district that will aid in the development or the improvement of navigation or commerce to or within the port district.
Under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, a city or district may only provide new or extended services by contract or agreement outside of its jurisdictional boundary if it requests and receives written approval, as provided, from the local agency formation commission in the county in which the extension of service is proposed.
This bill would, notwithstanding the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, authorize the Ventura Port District, to the extent permitted by federal law, to construct, maintain, operate, lease, and grant permits to others for the installation, maintenance, and operation of aquaculture plots in federal waters off the coast of California the County of Ventura, as prescribed, in order to aid in the development or improvement of navigation or commerce to the port district.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City County of Ventura.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 6301.1 is added to the Harbors and Navigation Code, to read:

6301.1.
 (a) Notwithstanding the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code), to aid in the development or improvement of navigation or commerce to the Ventura Port District, the Ventura Port District may, to the extent permitted by federal law, construct, maintain, operate, lease, and grant permits to others for the installation, maintenance, and operation of aquaculture plots in federal waters off the coast of California. This
(b) The authorization in subdivision (a) does not extend to federal waters north of the northernmost point of the County of Ventura coastline or south of the southernmost point of the County of Ventura coastline.
(c) This section does not exempt the Ventura Port District from obtaining all required federal permits and approvals and associated environmental review.

SEC. 2.

 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 opportunity that exists in the City County of Ventura for the Ventura Port District to aid in the development and improvement of commerce to the Ventura Port District by installing, maintaining, and operating aquaculture plots in federal waters.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to resolve the uncertainty of the Ventura Port District’s existing authority to construct, maintain, operate, lease, and grant permits to others for aquaculture plots in federal waters before that uncertainty impedes the Ventura Port District’s ability to obtain the permits required for an aquaculture plot, it is necessary that this act take effect immediately.