BILL NUMBER: SB 436 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN SENATE APRIL 3, 2013
INTRODUCED BY Senator Jackson
( Principal coauthors:
Assembly Members Gorell and Williams
)
FEBRUARY 21, 2013
An act to amend Sections 21083.9 and 21092
85.2 of the Public Resources Harbors
and Navigation Code, relating to environmental quality ,
making an appropriation therefor, and declaring the urgency thereof,
to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 436, as amended, Jackson. California Environmental
Quality Act: notice. Port Hueneme Beach shoreline
protection.
Under existing law, the Division of Boating and Waterways has
powers and duties pertaining to beach erosion control, beach
stabilization, and beach repair and restoration.
Existing law establishes the Safe Neighborhood Parks, Clean Water,
Clean Air, and Coastal Protection Bond Fund, a special fund
available upon appropriation by the Legislature, for purposes of
parks and resources improvement. The fund makes moneys available to
the State Coastal Conservancy for specified and related purposes,
including, but not limited to, the acquisition, enhancement,
restoration, protection, and development of coastal resources,
beaches, waterfronts, and public accessways, as specified.
Existing law establishes the Harbors and Watercraft Revolving
Fund, a special fund available upon appropriation by Legislature, for
purposes, among other things, of the operation and maintenance of
units of the state park system that have boating-related activities.
This bill would also authorize moneys in the Harbors and
Watercraft Revolving Fund be available to a city for a grant or loan
to fund emergency measures to prevent severe infrastructure damage to
streets and property within the city caused by beach erosion and
flooding.
This bill would appropriate $1,000,000 from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Fund to
the State Coastal Conservancy for a grant to the City of Port
Hueneme. The bill would require funding be allocated for emergency
measures along Hueneme Beach in the City of Port Hueneme to prevent
severe infrastructure damage to streets and property caused by beach
erosion and flooding, thereby making an appropriation. The bill also
requires that for certain projects, $1,000,000 from the Harbors and
Watercraft Fund be allocated by either loan or grant to the City of
Port Hueneme for emergency measures to prevent severe infrastructure
damage to streets and property located along Hueneme Beach caused by
erosion and flooding, thereby making an appropriation.
This bill would make findings and declarations as to the necessity
of a special statute for Hueneme Beach.
This bill would become operative only if AB 606 is enacted and
takes effect on or before January 1, 2014.
This bill would declare that it is to take effect immediately as
an urgency statute.
(1) The California Environmental Quality Act, commonly referred to
as CEQA, requires a lead agency to prepare, or cause to be prepared,
and certify the completion of, an environmental impact report, also
known as an EIR, on a project, as defined, that it proposes to carry
out or approve that may have a significant effect on the environment,
as defined, or to adopt a negative declaration if it finds that the
project will not have that effect. CEQA also requires the lead agency
to call at least one scoping meeting for a project that may affect
highways or other facilities under the jurisdiction of the Department
of Transportation if the meeting is requested by the department, or
for a project of statewide, regional, or areawide significance. CEQA
requires the lead agency to provide to specified entities a notice of
at least one scoping meeting.
This bill would require a lead agency to conduct at least one
public scoping meeting for the specified projects and to provide
notice to the specified entities of at least one public scoping
meeting.
(2) CEQA requires any lead agency that is preparing an EIR or a
negative declaration or making a determination, pursuant to a
specified provision of law, to provide public notice within a
reasonable period of time prior to certification of the EIR or
adoption of the negative declaration. Existing law requires that
notice be given to the last known name and address of all
organizations and individuals who previously requested the notice and
by at least one of several procedures, including by direct mailing
to the owners and occupants of contiguous property shown on the
latest equalized assessment roll.
This bill would revise these notice requirements to require that
the notice be given to a list of specified parties, including the
State Clearinghouse and project applicants, and by at least one of
the several listed procedures.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares both
of the following:
(a) Funds are needed immediately for the City of Port Hueneme to
implement emergency measures to prevent significant damage caused by
severe erosion at Hueneme Beach to public infrastructure, public
roads that include a route identified by the Federal Emergency
Management Agency as feeding into a tsunami evacuation route, and
community areas.
(b) These funds are also needed to prevent down coast negative
impacts to the Ormond Beach Wetlands, a sensitive and ecologically
important public resource, to ensure that the environmental quality
of this unique estuary is protected.
(c) Given the sizeable waste that remains at the Halaco Superfund
Site, these funds are also critically needed to prevent downshore
erosion.
SEC. 2. Section 85.2 of the Harbors and
Navigation Code is amended to read:
85.2. (a) All moneys in the Harbors and Watercraft Revolving Fund
are available, upon appropriation by the Legislature, for
expenditure by the department for boating facilities development,
boating safety, and boating regulation programs, and for the purposes
of Section 656.4, including refunds, and for expenditure for
construction of small craft harbor and boating facilities planned,
designed, and constructed by the department, as specified in
subdivision (c) of Section 50, at sites owned or under the control of
the state.
(b) (1) The money in the fund is also available, upon
appropriation by the Legislature, to the Department of Parks and
Recreation for the operation and maintenance of units of the state
park system that have boating-related activities. Funds appropriated
to the Department of Parks and Recreation may also be used for
boating safety and enforcement programs for waters under its
jurisdiction.
(2) The Department of Parks and Recreation shall submit to the
Legislature, on or before January 1 of each year, a report describing
the allocation and expenditure of funds made available to the
Department of Parks and Recreation from the Harbors and Watercraft
Revolving Fund and from the Motor Vehicle Fuel Account in the
Transportation Tax Fund attributable to taxes imposed on the
distribution of motor vehicle fuel used or usable in propelling
vessels during the previous fiscal year. The report shall list the
special project or use, project location, amount of money allocated
or expended, the source of funds allocated or expended, and the
relation of the project or use to boating activities.
(c) The money in the fund shall also be available, upon
appropriation by the Legislature, to the State Water Resources
Control Board for boating-related water quality regulatory
activities.
(d) The money in the fund is also available, upon appropriation by
the Legislature, to the Department of Fish and Game for activities
addressing the boating-related spread of invasive species.
(e) The money in the fund is also available, upon appropriation by
the Legislature, to the Department of Food and Agriculture for
activities addressing the boating-related spread of invasive species.
(f) The money in the fund is also available, upon appropriation by
the Legislature, to a city for a grant or loan to fund emergency
measures to prevent severe infrastructure damage to streets and
property within the city caused by beach erosion and flooding.
SEC. 3. (a) Notwithstanding
any other law, the sum of one million dollars ($1,000,000) is hereby
appropriated from the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Fund to the State Coastal
Conservancy for a grant to the City of Port Hueneme. The funding
shall be allocated, pursuant to subdivision (o) of Section 5096.310
of the Public Resources Code, for emergency measures to prevent
severe infrastructure damage to streets and property located along
the Hueneme Beach caused by beach erosion and flooding. This
appropriation shall only be used for erosion control projects
for which a permit has been approved by the California Coastal
Commission.
(b) If the California Coastal Commission requires a project that
is not eligible for funding under subdivision (a), the sum of one
million dollars ($1,000,000) shall be allocated by either loan or
grant from the Harbors and Watercraft Revolving Fund for a grant or
loan to the City of Port Hueneme. The funding shall be available for
emergency measures to prevent severe infrastructure damage to streets
and property located along Hueneme Beach caused by beach erosion and
flooding. This appropriation shall only be used for erosion control
projects for which a permit has been approved by the California
Coastal Commission.
SEC. 4. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the severe erosion occurring at
Hueneme Beach that threatens public infrastructure, public roads, and
community areas.
SEC. 5. This act shall become operative only if
Assembly Bill 606 is enacted and takes effect on or before January 1,
2014.
SEC. 6. 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 Constitution and shall go
into immediate effect. The facts constituting the necessity are:
To provide the necessary funding as soon as possible to implement
emergency measures designed to prevent severe infrastructure damage
to public infrastructure, public roads, and community areas
threatened by flooding as a result of severe erosion along Hueneme
Beach in the City of Port Hueneme, it is necessary for this measure
to take effect immediately.
SECTION 1. Section 21083.9 of the Public
Resources Code is amended to read:
21083.9. (a) Notwithstanding Section 21080.4, 21104, or 21153, a
lead agency shall conduct at least one public scoping meeting for
either of the following:
(1) A proposed project that may affect highways or other
facilities under the jurisdiction of the Department of Transportation
if the meeting is requested by the department. The lead agency shall
call the scoping meeting as soon as possible, but not later than 30
days after receiving the request from the Department of
Transportation.
(2) A project of statewide, regional, or areawide significance.
(b) The lead agency shall provide notice of at least one public
scoping meeting held pursuant to paragraph (2) of subdivision (a) to
all of the following:
(1) A county or city that borders on a county or city within which
the project is located, unless otherwise designated annually by
agreement between the lead agency and the county or city.
(2) A responsible agency.
(3) A public agency that has jurisdiction by law with respect to
the project.
(4) A transportation planning agency or public agency required to
be consulted pursuant to Section 21092.4.
(5) A public agency, organization, or individual who has filed a
written request for the notice.
(c) For a public agency, organization, or individual that is
required to be provided notice of a lead agency public meeting, the
requirement for notice of a scoping meeting pursuant to subdivision
(b) may be met by including the notice of a scoping meeting in the
public meeting notice.
(d) A public scoping meeting that is held in the city or county
within which the project is located pursuant to the federal National
Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and
the regulations adopted pursuant to that act shall be deemed to
satisfy the requirement that a scoping meeting be held for a project
subject to paragraph (2) of subdivision (a) if the lead agency meets
the notice requirements of subdivision (b) or subdivision (c).
(e) The referral of a proposed action to adopt or substantially
amend a general plan to a city or county pursuant to paragraph (1) of
subdivision (a) of Section 65352 of the Government Code may be
conducted concurrently with the public scoping meeting required
pursuant to this section, and the city or county may submit its
comments as provided pursuant to subdivision (b) of Section 65352 of
the Government Code at the public scoping meeting.
SEC. 2. Section 21092 of the Public Resources
Code is amended to read:
21092. (a) A lead agency that is preparing an environmental
impact report or a negative declaration or making a determination
pursuant to subdivision (c) of Section 21157.1 shall provide public
notice of that fact within a reasonable period of time prior to
certification of the environmental impact report, adoption of the
negative declaration, or making the determination pursuant to
subdivision (c) of Section 21157.1.
(b) (1) The notice shall specify the period during which comments
will be received on the draft environmental impact report or negative
declaration, and shall include the date, time, and place of any
public meetings or hearings on the proposed project, a brief
description of the proposed project and its location, the significant
effects on the environment, if any, anticipated as a result of the
project, the address where copies of the draft environmental impact
report or negative declaration, and all documents referenced in the
draft environmental impact report or negative declaration, are
available for review, and a description of how the draft
environmental impact report or negative declaration can be provided
in an electronic format.
(2) This section shall not be construed in any manner that results
in the invalidation of an action because of the alleged inadequacy
of the notice content if there has been substantial compliance with
the notice content requirements of this section.
(3) (A) The notice required by this section shall be given to all
of the following:
(i) The last known name and address of all organizations and
individuals who have previously requested notice.
(ii) By mail to the owners and occupants of contiguous property
shown on the latest equalized assessment roll.
(iii) By mail or electronic mail to responsible and trustee
agencies.
(iv) By mail or electronic mail to a project applicant, if
different than the lead agency, and the applicant's duly authorized
agent.
(v) The State Clearinghouse.
(B) The notice required by this section shall also be given by at
least one of the following procedures:
(i) Publication, no fewer times than required by Section 6061 of
the Government Code, by the public agency in a newspaper of general
circulation in the area affected by the proposed project. If more
than one area will be affected, the notice shall be published in the
newspaper of largest circulation from among the newspapers of general
circulation in those areas.
(ii) Posting of notice by the lead agency on- and off-site in the
area where the project is to be located.
(c) For a project involving the burning of municipal wastes,
hazardous waste, or refuse-derived fuel, including, but not limited
to, tires, meeting the qualifications of subdivision (d), notice
shall be given to all organizations and individuals who have
previously requested notice and shall also be given by at least the
procedures specified in subparagraphs (A) and (B) of paragraph (3) of
subdivision (b). In addition, notification shall be given by direct
mailing to the owners and occupants of property within one-fourth of
a mile of any parcel or parcels on which a project subject to this
subdivision is located.
(d) The notice requirements of subdivision (c) apply to both of
the following:
(1) The construction of a new facility.
(2) The expansion of an existing facility that burns hazardous
waste which would increase its permitted capacity by more than 10
percent. For purposes of this paragraph, the amount of expansion of
an existing facility shall be calculated by comparing the proposed
facility capacity with whichever of the following is applicable:
(A) The facility capacity approved in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in any state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(B) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or any
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(e) The notice requirements specified in subdivision (b) or (c)
shall not preclude a public agency from providing additional notice
by other means if the agency so desires, or from providing the public
notice required by this section at the same time and in the same
manner as public notice otherwise required by law for the project.
SEC. 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.