CHAPTER
8.5. Major Coastal Resorts
30750.
For purposes of this chapter, the following definitions apply:(a) “Fertilizing material” shall have the same meaning as in Section 14533 of the Food and Agricultural Code.
(b) “Major coastal resort” means a resort or hotel that meets all of the following:
(1) Is composed of more than 300 guest rooms or units, all of which are located within the same contiguous resort complex. Rooms or units located in separate and distinct resort complexes shall not be aggregated for purposes of this subdivision.
(2) Includes or operates a golf course on the premises.
(3) Is located in whole or in part in the coastal zone.
(4) Is either of the following:
(A) Located, in any part, within 100 meters of the mean high tide line of the sea.
(B) Includes, is adjacent to, or is within 400 meters of, any part of any of the following:
(i) An environmentally sensitive area.
(ii) A sensitive coastal resource area.
(iii) An area otherwise protected or preserved under state, federal, or
local law, including, but not limited to, marine managed areas and marine protected areas as defined under Section 36602.
(iv) The habitat of a species protected under state, federal, or local law, including, but not limited to, species that are identified as endangered, threatened, rare, species of concern, or species of special concern by a state or federal agency, and special status species tracked by the Department of Fish and Wildlife’s California Natural Diversity Database.
(c) “Pesticide” means a conventional pesticide with all active ingredients other than biological pesticides and antimicrobial pesticides, with conventional active ingredients generally produced synthetically, including synthetic chemicals that prevent, mitigate, destroy, or repel any pest or that act as a
plant growth regulator, desiccant, defoliant, or nitrogen stabilizer, and shall include insecticides, herbicides, rodenticides, fungicides, and growth regulators.
30750.1.
(a) (1) Every two years, a major coastal resort shall, with the assistance of a qualified, independent consultant identified pursuant to subdivision (b), prepare an audit of the major coastal resort’s compliance with all of the following:(A) The major coastal resort’s coastal development permit.
(B) Any applicable local government permit conditions that implement a certified local coastal program.
(C) Any applicable mitigation measures and reporting or monitoring program under the California Environmental Quality Act (Division
13 (commencing with Section 21000)) that pertains to or affects coastal zone resources.
(D) Chapter 6.2 (commencing with Section 42380) of Part 3 of Division 30.
(2) The audit described in paragraph (1) shall also include all of the following:
(A) Disclosure of the types, quantity, and frequency of the pesticides and fertilizing material that the major coastal resort has used during the previous two years.
(B) Whether the major coastal resort has developed a plan for complying with any coastal development permit conditions or mitigation measures regarding biological resources and for continued monitoring of relevant biological resources to ensure that
the conditions and mitigation measures are satisfactorily protecting those resources. If the major coastal resort has adopted such a plan, the audit shall include the plan and any data generated pursuant to the plan concerning the success of conditions or mitigation measures in protecting, restoring, or creating biological resources.
(C) Whether the major coastal resort conducts ongoing monitoring of the major coastal resort’s stormwater discharges in the coastal zone, including monitoring sufficient to evaluate the contents of the discharges for pollutants or waste. If the major coastal resort conducts this monitoring, the audit shall include the data generated by the monitoring. For purposes of this paragraph, “waste” shall have the same meaning as in Section 13050 of the Water Code.
(D) Whether the major coastal resort conducts monitoring or surveys of relevant species and habitat. If the major coastal resort conducts this monitoring, the audit shall include the data generated by the monitoring.
(E) Whether the major coastal resort has adopted a turf, landscape, and pest management plan that follows state-of-the-art environmental methods, such as integrated pest management and nonchemical strategies, to address pests, weeds, and plant growth. If the major coastal resort has adopted any such plan or plans, the audit shall include the plan or plans and any data generated concerning the impact of the methods and measures used pursuant to any such plan.
(F) Whether either of the following applies to the major coastal resort:
(i) The major coastal resort has been issued, or is in the process of being issued, waste discharge requirements or a waiver under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) or a national pollutant discharge elimination system permit under the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) for the resort’s stormwater discharges in the coastal zone, if any.
(ii) Waste discharge requirements or a national pollutant discharge elimination system permit are not required for the major coastal resort’s stormwater discharges in the coastal zone under state or federal law.
(b) The commission shall compile and keep updated a list of consultants qualified to
assist with auditing major coastal resorts’ compliance. A major coastal resort may select from the list the consultant who will assist in reviewing the resort’s compliance and preparing its audit. The major coastal resort shall provide for the qualified consultant’s compensation for the audit at the consultant’s normal rate of pay, which the major coastal resort shall pay directly to the consultant.
(c) The major coastal resort shall post the audit on its internet website and provide copies to the commission and relevant local governments.
(d) At the time a major coastal resort commences an audit, it shall provide notice to the public and invite public comments on the audit and investigation.
(e) The commission
may charge a major coastal resort a fee for compiling and updating the list of qualified qualified, independent consultants pursuant to subdivision (b), and receiving copies of the audits pursuant to subdivision (c), in an amount not to exceed the reasonable cost of those duties, not to exceed five thousand dollars ($5,000) for each major coastal resort.
(f) A major coastal resort in violation of any requirements of this section shall result in administrative penalties assessed by the commission pursuant to Article 2 (commencing with Section 30820) of Chapter 9.
30750.2.
(a) The use of any nonorganic pesticide or fertilizing material at, or on any part of, any major coastal resort is authorized on areas of a golf course only when applied in a manner consistent with established integrated pest management principles and where no organic alternative fit for intended use and proven effectiveness is available. Where nonorganic pesticide or fertilizing material is used, the major coastal resort shall use the least toxic alternative possible in the smallest quantity possible.(b) A major coastal resort in violation of the requirements of this section shall result in administrative penalties assessed by the Department of Pesticide Regulation pursuant to Article 12 (commencing with Section 12996) of Chapter 2 of Division 7 of the Food and Agricultural Code, including, but not limited to, Section 12999.4 of the Food and Agricultural Code.
30750.3.
(a) A major coastal resort, or person acting on behalf of a major coastal resort, shall not discriminate or retaliate against any employee or applicant for employment for engaging in either of the following:(1) Participating in an audit pursuant to Section 30750.1 or an investigation by any law enforcement agency.
(2) Disclosing information, or because the major coastal resort believes the employee or applicant for employment disclosed or may disclose information, to the commission, a consultant acting under Section 30750.1, another government or law enforcement agency, a person with authority over the
employee or applicant for employment, or another person who has the authority to investigate, discover, or correct a violation or noncompliance, the media, a nonprofit organization, or a state or local government, if the employee or applicant for employment has reasonable cause to believe that the information discloses a violation of or noncompliance with a coastal development permit, local government permit conditions that implement a certified local coastal program, or mitigation measures or a reporting or monitoring program under the California Environmental Quality Act (Division 13 (commencing with Section 21000)) pertaining to or affecting coastal zone resources.
(b) This section may be enforced to the same extent, and pursuant to the same procedures and for the same remedies, as Section 1102.5 of the Labor Code.
(c)In addition to any other remedies, a person discriminated or retaliated against in the terms and conditions of employment or in hiring in violation of subdivision (a) is entitled to recover an additional sum payable as liquidated damages in the amount of five hundred dollars ($500), per employee or applicant for employment, for each day the rights of an employee or applicant for employment under subdivision (a) are violated and continuing until such time as the violation is cured.