BILL NUMBER: AB 694 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Rendon
FEBRUARY 25, 2015
An act to amend Section 30620.2 of add
Sections 31124 and 31125 to the Public Resources Code, relating
to coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 694, as amended, Rendon. California
State Coastal Commission: fees:
Conservancy: low-cost accommodation.
accommodations.
Existing law establishes the State Coastal Conservancy with
prescribed powers and responsibilities for implementing and
administering various programs intended to preserve, protect, and
restore the state's coastal areas.
This bill would require the conservancy to develop, subject to the
availability of funding, a program to assist, by loan or grant,
private low-cost accommodations to meet their operation and
maintenance needs in exchange for an easement or other legally
binding instrument that protects the public benefit of the facility
continuing to provide low-cost accommodations. This bill would create
the Low-Cost Accommodations Program Account in the State Coastal
Conservancy Fund and provide that moneys in the fund are available
upon appropriation by the Legislature to fund this program.
This bill would require the conservancy, in consultation with the
California Coastal Commission, the Department of Parks and
Recreation, and other relevant coastal public landholders, to develop
a document containing a list of potential low-cost accommodations
projects in each region of the coast and information on grant or loan
programs. This bill would require the conservancy to provide the
document to the commission and would require the commission to
provide the document to local governments with local coastal
programs. This bill would require the commission to refer to the list
of potential low-cost accommodations projects, as prescribed.
The California Coastal Act of 1976 requires the California Coastal
Commission to implement and administer various coastal protection
programs in the state, and requires any person undertaking
development in the coastal zone to obtain a coastal development
permit issued by the commission in accordance with prescribed
procedures. Existing law requires a person receiving a coastal
development permit or certificate of exemption for development on a
vacant lot within an area designated pursuant to certain provisions
to pay an "in-lieu" public access fee, for deposit into the Coastal
Access Account. Existing law authorizes money in the account to be
available, upon appropriation, to the State Coastal Conservancy for
grants to public and nonprofit entities for development, maintenance,
and operation of new or existing facilities that provide public
access to the shoreline of the sea.
This bill would authorize "in-lieu" public access fees in the
account to be made available, upon appropriation, to the commission
for purposes of retaining and developing low-cost accommodations, as
defined, along the coast by providing low-interest loans and entering
into cost-sharing agreements for the renovation of those facilities.
The bill would also declare the intent of the Legislature to enact
legislation to authorize the California Coastal Commission to accept
conservation easements for purposes of low-cost accommodations in
the coastal zone that would provide tax advantages to the property
owner in return for the loss of development rights.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 31124 is added to the
Public Resources Code , to read:
31124. (a) The conservancy shall develop, subject to the
availability of funding, a program to assist, by loan or grant,
private low-cost accommodations to meet their operation and
maintenance needs in exchange for an easement or other legally
binding instrument that protects the public benefit of the facility
continuing to provide low-cost accommodations.
(b) The Low-Cost Accommodations Program Account is hereby created
in the State Coastal Conservancy Fund. Moneys in the account shall
accrue interest and be available, upon appropriation by the
Legislature, to fund the program developed pursuant to this section.
The conservancy may accept and deposit in the account funds from
public and private sources.
SEC. 2. Section 31125 is added to the
Public Resources Code , to read:
31125. (a) The conservancy, in consultation with the commission,
the Department of Parks and Recreation, and other relevant coastal
public landholders, shall develop a document containing a list of
potential low-cost accommodations projects in each region of the
coast and information on grant or loan programs. The document shall
include, but not be limited to, the following:
(1) Specific projects that will increase low-cost accommodations
at state parks in the coastal zone consistent with recommendations by
the Parks Forward Commission.
(2) Information on grant programs at the conservancy that assist
public agencies and nonprofits in providing low-cost accommodations
in the coastal zone.
(3) Information on the program developed pursuant to Section
31124.
(b) The conservancy shall provide the document developed pursuant
to subdivision (a) to the commission. The commission shall refer to
the list of potential low-cost accommodations projects as options for
mitigation when considering coastal development permits that impact
the availability of low-cost accommodations and when considering how
to expend prior commitments of "in-lieu" public access fees. The
commission shall provide the document to local governments with local
coastal programs.
SECTION 1. Section 30620.2 of the Public
Resources Code is amended to read:
30620.2. (a) The Coastal Access Account is hereby created in the
State Coastal Conservancy Fund. The money in the account shall be
available, upon appropriation by the Legislature in the annual Budget
Act, to the State Coastal Conservancy for grants to public agencies
and private nonprofit entities or organizations for the development,
maintenance, and operation of new or existing facilities that provide
public access to the shoreline of the sea, as defined in Section
30115. Any grant funds that are not expended for those purposes shall
revert to the account.
(b) (1) Notwithstanding subdivision (a) and Section 30610.3,
"in-lieu" public access fees deposited in the account pursuant to
subdivision (e) of Section 30610.3 may be made available, upon
appropriation, to the commission for purposes of retaining and
developing low-cost accommodations along the coast by providing
low-interest loans and entering into cost-sharing agreements for the
renovation of these facilities.
(2) For purposes of this subdivision, "low-cost accommodations"
means a facility that offers affordable accommodations for less than
seven days, not including camping, in the coastal zone.
SEC. 2. It is the intent of the Legislature to
enact legislation that would authorize the California Coastal
Commission to accept conservation easements for purposes of low-cost
accommodations in the coastal zone that would provide tax advantages
to the property owner in return for the loss of development rights.