BILL ANALYSIS Ó
-----------------------------------------------------------------
| |
| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
| |
-----------------------------------------------------------------
BILL NO: SB 436 HEARING DATE: September 12,
2013
AUTHOR: Jackson URGENCY: Yes
VERSION: September 11, 2013 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Port Hueneme Beach shoreline protection.
BACKGROUND AND EXISTING LAW
The Division of Boating and Waterways (Division) within the
Department of Parks and Recreation is responsible for beach
stabilization, restoration, and erosion control efforts as set
forth in the Harbors and Navigation Code and other provisions of
law. As stated by the Division, these provisions authorize the
Division to study erosion problems, act as shore protection
advisor to all agencies of government, and plan, design and
construct protective works when funds are provided by the
Legislature.
The general objectives of the program are to preserve and
protect the California shoreline, minimize the economic losses
caused by beach erosion and maintain urgently needed
recreational beach areas. The Division asserts that this can be
achieved by:
Cosponsoring the construction of beach erosion control
projects with local and federal agencies,
Improving present knowledge of oceanic forces, beach erosion
and shoreline conditions, and
Using this knowledge to prevent future erosion.
California's coast, the Division's website observes, one of our
1
most precious resources, is a naturally eroding shoreline. It is
both economically and socially important to minimize the loss of
the state's beaches and to preserve its coastal resources. When
erosion threatens to damage valuable infrastructure, or there is
not enough beach width to accommodate the recreational needs of
the local population and California's many visitors, beach
erosion control projects at carefully selected places may halt
the erosion.
PROPOSED LAW
This bill is both an urgency and an appropriations measure. It
would take effect if AB 606 (Williams and Gorrell) is also
passed and signed by the Governor. The author of SB 436 is a
principal co-author of AB 606.
The bill would appropriate $1 million from the Prop. 12 to the
Coastal Conservancy for a grant to the City of Port Hueneme to
provide emergency measures to prevent severe infrastructure
damage to streets and property located along Hueneme beach
caused by beach erosion and flooding. This permit would be
subject to approval and permit conditions of the California
Coastal Commission.
In the event that the Coastal Commission is not able to permit
the erosion control project using Prop 12 funds, the bill would
authorize a grant or loan of $1 million for the same purpose
from the Harbor and Watercraft Revolving Fund, which would also
be subject to Coastal Commission approval. This second option is
designed to increase flexibility to ensure that the funds are
delivered.
As described below, this is a special law designed to deal with
an emergency situation in Port Hueneme.
This bill and AB 606 are substantially identical, although AB
606 does not provide the option of a grant or loan from the
Harbors and Watercraft Revolving Fund.
ARGUMENTS IN SUPPORT
According to the author, funds are needed immediately to
implement emergency measures caused by severe erosion at Port
Hueneme to protect public infrastructure, public roads, and
homes. In addition, funds are needed to protect Ormond Beach
wetlands, and to prevent erosion at the Halaco Superfund site.
2
Other supporters indicate that the erosion at Hueneme Beach is
serious and worsening. Homes and roads are threatened and the
city has already spent $500,000 on this effort but the total
project costs will exceed the fiscal capability of the city. It
has applied and received two emergency permits and is applying
for a third from the Coastal Commission to protect the beach
road and other public infrastructure.
ARGUMENTS IN OPPOSITION
The Recreational Boaters of California opposed the version of
the bill that would have authorized the use of the Harbors and
Watercraft Revolving Fund for statewide erosion control efforts.
As noted below, the bill no longer contains that provision but
it is not known if this organization has removed its opposition.
COMMENTS
The bill no longer makes the Harbor and Watercraft Revolving
Fund generally available for emergency beach erosion or similar
projects as once proposed. Instead, because of the circumstances
at Port Hueneme, the loan or grant to Port Hueneme represents an
exceptional and unique circumstance for the use of these funds.
Section 5096.352 of the Public Resources Code, a provision of
Prop. 12, does authorize the Coastal Conservancy to use
specified funds for the purposes identified in this bill.
SUPPORT
Congresswoman Julia Brownley
City of Port Hueneme
Ventura County Supervisor
OPPOSITION
Recreational Boaters of California
3