BILL NUMBER: SB 1066 CHAPTERED
BILL TEXT
CHAPTER 611
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2012
APPROVED BY GOVERNOR SEPTEMBER 27, 2012
PASSED THE SENATE AUGUST 23, 2012
PASSED THE ASSEMBLY AUGUST 22, 2012
AMENDED IN ASSEMBLY AUGUST 6, 2012
AMENDED IN ASSEMBLY JUNE 27, 2012
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE APRIL 9, 2012
AMENDED IN SENATE MARCH 26, 2012
INTRODUCED BY Senator Lieu
(Coauthor: Senator Pavley)
FEBRUARY 13, 2012
An act to add Section 31113 to the Public Resources Code, relating
to coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1066, Lieu. Coastal resources: climate change.
Existing law establishes the State Coastal Conservancy, which
serves as a repository for coastal lands. Existing law authorizes the
conservancy to, among other things, undertake projects and award
grants for the purposes of restoration of areas of the coastal zone
that are adversely affecting the coastal environment or are impeding
orderly development.
This bill would authorize the conservancy to address the impacts
and potential impacts of climate change on resources within its
jurisdiction, giving priority to projects that maximize public
benefits.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) California's coastal waters, waterfronts, wetlands, harbors,
estuaries, bays, ports, marinas, riparian areas, beaches, and
agricultural resources are important environmental and economic
resources to the state.
(b) The coastal economy contributes $46 billion annually to the
State of California.
(c) Eighty percent of California's 38 million residents live
within 30 miles of the coast.
(d) Sea level rise, combined with storm-driven waves, poses a
direct risk to the state's coastal resources, including public and
private real property and infrastructure. Rising marine waters
threaten sensitive coastal areas, habitats, the survival of
threatened and endangered species, beaches and other recreation
areas, and urban waterfronts.
(e) Commercial fisheries and fishing harbors, ports, production of
seafood, and related jobs will suffer adverse impacts if steps are
not taken to protect them.
(f) The desirability of natural areas, riparian areas, beaches,
parks, and urban areas as tourist destinations, and their concomitant
economic benefit to the state, depends on protection of their scenic
and recreational qualities.
(g) The economic and environmental health of human and natural
coastal communities depends on their resilience--their ability to
survive and rebound from adverse effects.
(h) Improving the health of coastal rivers, wetlands, beaches,
harbors, ports, urban waterfronts, fisheries, and agricultural
resources in advance of threats can contribute to their resiliency.
(i) Extensive cooperation between governmental and private
entities is needed to respond adequately to the effects of climate
change.
(j) For well over 30 years, the State Coastal Conservancy, a
nonregulatory agency established under Division 21 (commencing with
Section 31000) of the Public Resources Code, has worked with public
and private entities to protect, restore, and enhance coastal and
marine resources and habitats, has addressed deteriorating urban
waterfronts and poorly designed coastal development, and has provided
public recreation facilities and access to the coast and urban
waterfront areas.
(k) The conservancy can further contribute to the improvement and
management of the state's invaluable public and private coastal
resources, and, in so doing, lessen the degradation and destruction
from future effects of a changing climate on natural and built
resources and related jobs.
(l) Projects that protect coastal resources from climate change
impacts can provide additional valuable public benefits, including,
but not limited to, flood protection, improved water quality, and
increases in fish and wildlife for food and recreation.
(m) Existing law does not expressly authorize the State Coastal
Conservancy to address climate change or its impacts, despite the
anticipated adverse effects on the coast.
(n) It is the intent of the Legislature that, in implementing
Division 21 (commencing with Section 31000) of the Public Resources
Code, the conservancy have adequate authority to work with local
governments and private entities to address the effects of climate
change on coastal resources, public and private, natural and built,
including, but not limited to, coastal beaches, ports, urban
waterfronts, infrastructure, the ocean, riparian areas and
watersheds, fisheries, forests, wetlands, and public and private real
property.
(o) The conservancy's participation in addressing adverse effects
on coastal resources can help to maintain property values for
individuals and businesses, aid the tourist industry, and promote
business and jobs by facilitating the development and protection of
visitor-serving commercial facilities and amenities attractive to
skilled and educated workers.
(p) The conservancy's participation in addressing climate change
can help to produce construction and other jobs for Californians,
both directly, through conservation and development activities, and
indirectly, through increased recreational, business, and tourist
use.
(q) The conservancy's participation can contribute to the
resiliency of the natural and built environments, including habitat,
beaches, ports, and urban waterfronts, and can facilitate migration
of plant and animal species as they move to adapt.
(r) To the extent that this act assists the conservancy in
obtaining federal and other funds, it may help reduce demand on the
General Fund for coastal improvement and resilience activities.
SEC. 2. Section 31113 is added to the Public Resources Code, to
read:
31113. (a) In implementing this division, the conservancy is
authorized to address the impacts and potential impacts of climate
change on resources within its jurisdiction. Pursuant to this
authorization, the conservancy may undertake projects within its
jurisdiction, including, but not limited to, those that reduce
greenhouse gas emissions, address extreme weather events, sea level
rise, storm surge, beach and bluff erosion, salt water intrusion,
flooding, and other coastal hazards that threaten coastal
communities, infrastructure, and natural resources.
(b) The conservancy may award grants to public agencies and
nonprofit organizations for activities authorized pursuant to
subdivision (a). In awarding the grants, the conservancy shall, to
the extent allowed, prioritize projects that maximize public
benefits, including, but not limited to, reducing emissions of
greenhouse gases, reducing hazards to harbors and ports, preserving
and enhancing coastal wetlands and natural lands, conserving
biodiversity, and providing recreational opportunities.