Amended in Assembly September 11, 2013

Amended in Assembly September 6, 2013

Amended in Senate April 3, 2013

Senate Bill No. 436

Introduced by Senator Jackson

(Principal coauthors: Assembly Members Gorell and Williams)

February 21, 2013

An act begin delete to amend 85.2 of the Harbors and Navigation Code, end delete 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. 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 begin insert the end insert Legislature, for purposes, among other things, of the operation and maintenance of units of the state park system that have boating-related activities.

begin delete

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.

end delete

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 begin delete also requires that for certain projects end delete begin insert would require, if the above projects concerning emergency measures are not eligible for the bond moneys, that end insert , $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.

Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: 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.

begin delete

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.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

(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)  begin delete If end delete begin insert Notwithstanding Section 85.2 of the Harbors and
Navigation Code, if end insert 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.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

This act shall become operative only if Assembly Bill
606 is enacted and takes effect on or before January 1, 2014.

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

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.