BILL NUMBER: SB 436 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 11, 2013
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 85.2 of the 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. 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 the
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 would
require, if the above projects concerning emergency measures are not
eligible for the bond moneys, that , $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.
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. SEC. 2. (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 Notwithstanding Section 85.2 of the
Harbors and Navigation Code, 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. SEC. 3. 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. SEC. 4. This act shall
become operative only if Assembly Bill 606 is enacted and takes
effect on or before January 1, 2014.
SEC. 6. SEC. 5. 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.