BILL NUMBER: SB 1843 CHAPTERED 09/18/06 CHAPTER 294 FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2006 APPROVED BY GOVERNOR SEPTEMBER 18, 2006 PASSED THE SENATE AUGUST 16, 2006 PASSED THE ASSEMBLY AUGUST 10, 2006 AMENDED IN ASSEMBLY AUGUST 7, 2006 AMENDED IN ASSEMBLY JUNE 1, 2006 AMENDED IN SENATE APRIL 17, 2006 INTRODUCED BY Committee on Natural Resources and Water (Senators Kuehl (Chair), Aanestad, Kehoe, Lowenthal, Machado, Margett, and Migden) MARCH 7, 2006 An act to amend Sections 30233, 30265, 30333.1, 30333.2, 30340.5, 32604, and 32605 of, to add Section 30601.3 to, and to repeal Sections 30342, 30343, 30608.5, and 30713 of, the Public Resources Code, relating to natural resources. LEGISLATIVE COUNSEL'S DIGEST SB 1843, Committee on Natural Resources and Water Natural resources: California Coastal Act: San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. (1) The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. Existing law allows the diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes, within the coastal zone, in specified areas and under prescribed conditions. This bill would eliminate the authority for these activities in wetland areas for entrance channels for boating facilities and in a degraded wetland for boating facilities. (2) Existing law requires each local government lying within the coastal zone to prepare a local coastal program for that portion of the coastal zone within its jurisdiction. Existing law requires a person who is to perform or undertake a development, as defined, to obtain from a local government and, under certain circumstances, from the California Coastal Commission, a coastal development permit authorizing the development. This bill would authorize the commission to process and act upon a consolidated coastal development permit application if a proposed project requires a coastal development permit from both a local government with a certified local coastal program and the commission, and if the applicant, local government, and commission agree to consolidate the permit action, provided public participation is not substantially impaired. (3) The bill would also delete various obsolete provisions in the act. (4) Existing law establishes the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (conservancy) to, among other purposes, acquire and manage public lands, provide open space, provide the public low-impact recreational and educational uses, water conservation, wildlife and habitat restoration, and watershed improvement. The conservancy is required to prepare a San Gabriel and Lower Los Angeles Parkway and Open Space Plan to be approved by specified entities. This bill would replace the San Gabriel Valley Watermaster, as one of the entities from which the conservancy is required to gain approval for a San Gabriel and Lower Los Angeles Parkway and Open Space Plan, with the San Gabriel Valley Water Association. The bill would allow the conservancy board member from the Board of Supervisors of the County of Los Angeles to have a designee represent that supervisor on the conservancy board. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 30233 of the Public Resources Code is amended to read: 30233. (a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (1) New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities. (2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. (3) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. (4) Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines. (5) Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (6) Restoration purposes. (7) Nature study, aquaculture, or similar resource-dependent activities. (b) Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for these purposes to appropriate beaches or into suitable longshore current systems. (c) In addition to the other provisions of this section, diking, filling, or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or estuary. Any alteration of coastal wetlands identified by the Department of Fish and Game, including, but not limited to, the 19 coastal wetlands identified in its report entitled, "Acquisition Priorities for the Coastal Wetlands of California", shall be limited to very minor incidental public facilities, restorative measures, nature study, commercial fishing facilities in Bodega Bay, and development in already developed parts of south San Diego Bay, if otherwise in accordance with this division. For the purposes of this section, "commercial fishing facilities in Bodega Bay" means that not less than 80 percent of all boating facilities proposed to be developed or improved, where the improvement would create additional berths in Bodega Bay, shall be designed and used for commercial fishing activities. (d) Erosion control and flood control facilities constructed on watercourses can impede the movement of sediment and nutrients that would otherwise be carried by storm runoff into coastal waters. To facilitate the continued delivery of these sediments to the littoral zone, whenever feasible, the material removed from these facilities may be placed at appropriate points on the shoreline in accordance with other applicable provisions of this division, where feasible mitigation measures have been provided to minimize adverse environmental effects. Aspects that shall be considered before issuing a coastal development permit for these purposes are the method of placement, time of year of placement, and sensitivity of the placement area. SEC. 2. Section 30265 of the Public Resources Code is amended to read: 30265. The Legislature finds and declares all of the following: (a) Transportation studies have concluded that pipeline transport of oil is generally both economically feasible and environmentally preferable to other forms of crude oil transport. (b) Oil companies have proposed to build a pipeline to transport offshore crude oil from central California to southern California refineries, and to transport offshore oil to out-of-state refiners. (c) California refineries would need to be retrofitted if California offshore crude oil were to be used directly as a major feedstock. Refinery modifications may delay achievement of air quality goals in the southern California air basin and other regions of the state. (d) The County of Santa Barbara has issued an Oil Transportation Plan that assesses the environmental and economic differences among various methods for transporting crude oil from offshore California to refineries. (e) The Governor should help coordinate decisions concerning the transport and refining of offshore oil in a manner that considers state and local studies undertaken to date, that fully addresses the concerns of all affected regions, and that promotes the greatest benefits to the people of the state. SEC. 3. Section 30333.1 of the Public Resources Code is amended to read: 30333.1. The commission shall periodically review its regulations and procedures and determine what revisions, if any, are necessary and appropriate to simplify and expedite the review of any matter that is before the commission for action pursuant to this division. The commission shall implement, within 60 days of the review, any revisions it determines to be appropriate, so that its regulations and procedures may continue to be as simple and expeditious as practicable. SEC. 4. Section 30333.2 of the Public Resources Code is amended to read: 30333.2. Notwithstanding any other provision of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18900) of Division 13 of the Health and Safety Code, the commission shall not adopt nor publish a building standard, as defined in Section 18909 of the Health and Safety Code, unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. A building standard adopted in violation of this section shall have no force or effect. A building standard expressly required by a provision of federal law, specifically requiring that building standard, shall be adopted and published in the State Building Standards Code within the time required by federal law. SEC. 5. Section 30340.5 of the Public Resources Code is amended to read: 30340.5. (a) It is the policy of the state that no less than 50 percent of funds received by the state from the federal government pursuant to the Federal Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.) shall be used for the preparation, review, approval, certification, and implementation of local coastal programs. (b) A local government subject to this division may claim reimbursement of costs incurred as a direct result of the operation of or any requirement promulgated pursuant to this division. Notwithstanding any other provision of law, a claim for reimbursement of mandated costs directly attributable to the operation of this division shall only be submitted, reviewed, and approved in the manner set forth in this section. (c) A claim pursuant to this section shall be submitted to the executive director of the commission no later than September 30. The executive director shall review the claim in accordance with this section and shall submit the claim to the Controller within 60 days after receipt of a claim but in no event later than November 30. (d) A claim submitted pursuant to this section shall be filed on forms approved and prepared by the commission in consultation with the Controller. The forms shall specify the information needed to enable the executive director of the commission and the Controller to make the determinations required by subdivision (e). The forms shall clearly set forth information requirements for the evaluation of the following categories of costs: (1) Costs for work relating to the preparation, review, and approval of a local coastal program or a portion of a program. (2) Costs for work that is not covered by paragraph (1). The claim forms required by this section shall provide for claims of actual costs incurred during the fiscal year preceding submittal and for the costs the claimant local government estimates will be incurred during the then current fiscal year. (e) The executive director shall review and evaluate each claim submitted pursuant to this section and shall determine whether: (1) The costs claimed are not paid for or reimbursed from any other source of state or federal funding. (2) The costs are for work which is the direct result of and is mandated by the operation of this division or by the commission or whether the work is optional. (3) With respect to costs specified in paragraph (1) of subdivision (d), the work done or to be done is reasonable and necessary for the preparation and approval of a local coastal program pursuant to a local coastal program work program approved by the commission, or for work which is not part of an approved work program if the work can be shown to be necessary for the completion of a certifiable local coastal program or if new information or other circumstances cause the commission to require that the work be carried out. (f) The executive director of the commission shall submit to the Controller, on behalf of each claimant local government, all claims submitted pursuant to this section together with his or her recommendation whether the Controller should allow or deny, in whole or in part, the claim. The executive director's recommendation shall be based on his or her determinations made pursuant to subdivision (e). If the executive director fails to make a recommendation by the time a claim is required to be submitted to the Controller as provided in subdivision (c), the executive director is deemed to have recommended approval of the claim. (g) Section 17561 of the Government Code shall apply to a claim filed pursuant to this section. However, where a conflict between Section 17561 of the Government Code and this section occurs, the conflict shall be resolved in a manner that best carries out the purposes of this section. The Controller shall apply the criteria of subdivision (e) in determining whether to allow or deny, in whole or in part, a claim and shall consider the recommendations of the executive director of the commission. SEC. 6. Section 30342 of the Public Resources Code is repealed. SEC. 7. Section 30343 of the Public Resources Code is repealed. SEC. 8. Section 30601.3 is added to the Public Resources Code, to read: 30601.3. (a) Notwithstanding Section 30519, the commission may process and act upon a consolidated coastal development permit application if both of the following criteria are satisfied: (1) A proposed project requires a coastal development permit from both a local government with a certified local coastal program and the commission. (2) The applicant, the appropriate local government, and the commission, which may agree through its executive director, consent to consolidate the permit action, provided that public participation is not substantially impaired by that review consolidation. (b) The standard of review for a consolidated coastal development permit application submitted pursuant to subdivision (a) shall follow Chapter 3 (commencing with Section 30200), with the appropriate local coastal program used as guidance. (c) The application fee for a consolidated coastal development permit shall be determined by reference to the commission's permit fee schedule. (d) To implement this section, the commission may adopt guidelines, in the same manner as interpretive guidelines adopted pursuant to paragraph (3) of subdivision (a) of Section 30620. SEC. 9. Section 30608.5 of the Public Resources Code is repealed. SEC. 10. Section 30713 of the Public Resources Code is repealed. SEC. 11. Section 32604 of the Public Resources Code is amended to read: 32604. The conservancy shall do all of the following: (a) Establish policies and priorities for the conservancy regarding the San Gabriel River and the Lower Los Angeles River, and their watersheds, and conduct any necessary planning activities, in accordance with the purposes set forth in Section 32602. (b) Give priority to river related projects that create expanded opportunities for recreation, greening, aesthetic improvement, and wildlife habitat along the corridor of the river, and in parts of the river channel that can be improved for the above purposes without infringing on water quality, water supply, and necessary flood control. (c) Approve conservancy funded projects that advance the policies and priorities set forth in Section 32602. (d) Prepare a San Gabriel and Lower Los Angeles Parkway and Open Space Plan to be approved by a majority of the cities representing a majority of the population, the Board of Supervisors of Los Angeles County, the Central Basin Water Association, and the San Gabriel Valley Water Association. The plan shall include, but not be limited to, all of the following elements: (1) A determination of the policies and priorities for the conservation of the San Gabriel River and its watershed, the Lower Los Angeles River, and the San Gabriel Mountains, in accordance with the purposes of the conservancy as set forth in Section 32602. (2) A plan for incorporating, as relevant, the principles and planning work contained within the Los Angeles River Master Plan prepared by the County of Los Angeles. (3) An identification of underused existing public open spaces and recommendations for providing better public use and enjoyment in areas identified in the plan. (4) An identification of, and a priority program for implementing, those additional low-impact recreational and open space needs, including additional or upgraded facilities and parks that may be necessary or desirable. SEC. 12. Section 32605 of the Public Resources Code is amended to read: 32605. The board shall consist of 13 voting members and seven nonvoting members, as follows: (a) The 13 voting members of the board shall consist of all of the following: (1) One member of the Board of Supervisors of the County of Los Angeles, or his or her designee, who represents the area or a portion thereof contained within the territory of the conservancy, appointed by the Governor. (2) Two members of the board of directors of the San Gabriel Valley Council of Governments, one of whom shall be a mayor or city council member of a city bordering along the San Gabriel River, and one of whom shall be a mayor or city council member of a city bordering the San Gabriel Mountains area. One member shall be appointed by a majority of the membership of that board of directors, and one member shall be appointed by the Senate Committee on Rules from a list of two or more potential members submitted by the board of directors. (3) Two members of the board of directors of the Gateway Cities Council of Governments, one of whom shall be the mayor of the City of Long Beach or a city council member of the City of Long Beach appointed by the mayor, and one of whom shall be appointed by the Speaker of the Assembly from a list of two or more potential members submitted by the executive committee of the board of directors of the Gateway Cities Council of Governments. The executive committee shall submit lists of potential members to the Speaker of the Assembly until an acceptable member is appointed. (4) Two members of the Orange County Division of the League of California Cities, both of whom shall be a mayor or city council member of a city bordering along the San Gabriel River or a tributary thereof. One member shall be appointed by a majority of the membership of the city selection committee of Orange County, and one member shall be appointed by the Governor from a list of two or more potential members submitted by the city selection committee. (5) One member shall be a representative of a member of the San Gabriel Valley Water Association appointed by a majority of the membership of the board of directors of the San Gabriel Valley Water Association. (6) One member shall be a representative of the Central Basin Water Association appointed by a majority of the membership of the board of directors of the Central Basin Water Association. (7) One member shall be a resident of Los Angeles County appointed by the Governor from a list of potential members submitted by local, state, and national environmental organizations that operate within the County of Los Angeles and within the territory of the conservancy and that have participated in planning for river restoration or open space, or both, or river preservation. (8) The Secretary of the Resources Agency, or his or her designee. (9) The Secretary for Environmental Protection, or his or her designee. (10) The Director of Finance, or his or her designee. (b) The seven ex officio, nonvoting members shall consist of the following officers or an employee of each agency designated annually by that officer to represent the office or agency: (1) The District Engineer of the United States Army Corps of Engineers. (2) The Regional Forester for the Pacific Southwest Region of the United States Forest Service. (3) The Director of the Los Angeles County Department of Public Works. (4) The Director of the Orange County Public Facility and Resource Department. (5) A member of the San Gabriel River Watermaster, appointed by a majority of the members of the San Gabriel River Watermaster. (6) The Director of Parks and Recreation. (7) The Executive Officer of the Wildlife Conservation Board.