Section § 30000

Explanation

This section names the law as the California Coastal Act of 1976.

This division shall be known and may be cited as the California Coastal Act of 1976.

Section § 30001

Explanation

This section highlights the importance of California's coastal zone as a valuable and fragile natural resource that requires lasting protection. It emphasizes the need to maintain ecological balance to benefit public safety, health, and welfare by safeguarding property and natural resources. Additionally, the law recognizes that well-planned development is crucial for the economic and social well-being of residents, particularly those working in coastal areas.

The Legislature hereby finds and declares:
(a)CA Public Resources Code § 30001(a) That the California coastal zone is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced ecosystem.
(b)CA Public Resources Code § 30001(b) That the permanent protection of the state’s natural and scenic resources is a paramount concern to present and future residents of the state and nation.
(c)CA Public Resources Code § 30001(c) That to promote the public safety, health, and welfare, and to protect public and private property, wildlife, marine fisheries, and other ocean resources, and the natural environment, it is necessary to protect the ecological balance of the coastal zone and prevent its deterioration and destruction.
(d)CA Public Resources Code § 30001(d) That existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to working persons employed within the coastal zone.

Section § 30001.2

Explanation

This law states that even though infrastructure like power plants, refineries, and ports can negatively impact coastal resources and access, it's sometimes necessary to build them in coastal areas. This helps protect both inland and coastal resources and supports organized economic growth in the state.

The Legislature further finds and declares that, notwithstanding the fact electrical generating facilities, refineries, and coastal-dependent developments, including ports and commercial fishing facilities, offshore petroleum and gas development, and liquefied natural gas facilities, may have significant adverse effects on coastal resources or coastal access, it may be necessary to locate such developments in the coastal zone in order to ensure that inland as well as coastal resources are preserved and that orderly economic development proceeds within the state.

Section § 30001.3

Explanation

This section acknowledges that offshore wind energy is crucial for California's renewable energy goals, but it also brings potential impacts on coastal and ocean resources that aren't yet fully clear. There is an urgent need to develop offshore wind facilities quickly due to the climate crisis, but this should be done in a way that protects ocean and coastal areas as much as possible.

California aims to be a leader in renewable energy by using science-based monitoring, working with affected communities, and ensuring fair workforce practices, all while minimizing environmental impacts.

The Legislature finds and declares all of the following:
(a)CA Public Resources Code § 30001.3(a) Offshore wind energy generation is an important component of California’s renewable energy portfolio.
(b)CA Public Resources Code § 30001.3(b) While offshore wind energy generation can provide significant climate and economic benefits, industrial scale development and deployment of offshore wind energy will also have impacts on coastal and ocean resources, fisheries, and coastal communities that are not yet fully understood.
(c)CA Public Resources Code § 30001.3(c) The urgency of the climate crisis and the importance of ocean health to maintaining a livable planet necessitate the expeditious development of offshore wind energy generation facilities and associated infrastructure in a manner that also avoids, minimizes, and mitigates impacts to ocean and coastal resources to the maximum extent practicable.
(d)CA Public Resources Code § 30001.3(d) Through science-based monitoring and mitigation, meaningful engagement with affected communities, adaptive management, and equitable workforce development, California can be a world leader in the rapid, just, and environmentally sustainable generation of renewable energy from offshore wind.

Section § 30001.5

Explanation

This section outlines California's goals for its coastal areas. First, it aims to protect and improve the quality of coastal environments and resources. Second, it supports careful use and conservation of these resources, keeping social and economic needs in mind. Third, it seeks to increase public access to coastal areas while respecting private property rights. Fourth, it gives priority to developments that need the coast. Fifth, it encourages cooperative planning between state and local bodies for beneficial uses in the coastal region. Lastly, it focuses on addressing and minimizing the impacts of sea level rise on coastal zones.

The Legislature further finds and declares that the basic goals of the state for the coastal zone are to:
(a)CA Public Resources Code § 30001.5(a) Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources.
(b)CA Public Resources Code § 30001.5(b) Ensure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state.
(c)CA Public Resources Code § 30001.5(c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
(d)CA Public Resources Code § 30001.5(d) Ensure priority for coastal-dependent and coastal-related development over other development on the coast.
(e)CA Public Resources Code § 30001.5(e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.
(f)CA Public Resources Code § 30001.5(f) Anticipate, assess, plan for, and, to the extent feasible, avoid, minimize, and mitigate the adverse environmental and economic effects of sea level rise within the coastal zone.

Section § 30002

Explanation

The California Legislature acknowledges that a detailed study of the state's coastal areas was conducted by the California Coastal Zone Conservation Commission. This involved input from government bodies, private entities, and the general public. The study resulted in a plan aiming to conserve and manage the coastal resources effectively.

The plan includes recommendations that need legislative action, with some needing immediate implementation and others requiring further examination.

The Legislature further finds and declares that:
(a)CA Public Resources Code § 30002(a) The California Coastal Zone Conservation Commission, pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000), has made a detailed study of the coastal zone; that there has been extensive participation by other governmental agencies, private interests, and the general public in the study; and that, based on the study, the commission has prepared a plan for the orderly, long-range conservation, use, and management of the natural, scenic, cultural, recreational, and manmade resources of the coastal zone.
(b)CA Public Resources Code § 30002(b) Such plan contains a series of recommendations which require implementation by the Legislature and that some of those recommendations are appropriate for immediate implementation as provided for in this division while others require additional review.

Section § 30003

Explanation

This law requires all public and federal agencies to follow the rules outlined in this division, as long as it's possible under federal law, regulations, or the U.S. Constitution.

All public agencies and all federal agencies, to the extent possible under federal law or regulations or the United States Constitution, shall comply with the provisions of this division.

Section § 30004

Explanation

The law emphasizes the importance of relying on local governments for land use planning and enforcement to address local needs effectively. It calls for significant state involvement in federal activities that impact California's coastal resources. This involvement ensures that both regional and national interests are protected, maintaining the coast's productivity and economic health. It aims to prevent future public costs and decline in quality of life resulting from resource misuse. To achieve these goals, the law suggests continued management through a state coastal commission, coordinating many agencies' activities in the coastal zone.

The Legislature further finds and declares that:
(a)CA Public Resources Code § 30004(a) To achieve maximum responsiveness to local conditions, accountability, and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement.
(b)CA Public Resources Code § 30004(b) To ensure conformity with the provisions of this division, and to provide maximum state involvement in federal activities allowable under federal law or regulations or the United States Constitution which affect California’s coastal resources, to protect regional, state, and national interests in assuring the maintenance of the long-term productivity and economic vitality of coastal resources necessary for the well-being of the people of the state, and to avoid long-term costs to the public and a diminished quality of life resulting from the misuse of coastal resources, to coordinate and integrate the activities of the many agencies whose activities impact the coastal zone, and to supplement their activities in matters not properly within the jurisdiction of any existing agency, it is necessary to provide for continued state coastal planning and management through a state coastal commission.

Section § 30005

Explanation

This section of the law makes it clear that nothing in this division stops cities or counties in California from adding their own regulations about land, water use, or activities that could harm coastal resources, as long as they don’t conflict with existing laws. It also affirms their power to handle nuisances.

Additionally, it allows the Attorney General to take legal action against harmful activities affecting coastal resources. Finally, it preserves the rights of individuals to seek relief from private nuisances.

No provision of this division is a limitation on any of the following:
(a)CA Public Resources Code § 30005(a) Except as otherwise limited by state law, on the power of a city or county or city and county to adopt and enforce additional regulations, not in conflict with this act, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity which might adversely affect the resources of the coastal zone.
(b)CA Public Resources Code § 30005(b) On the power of any city or county or city and county to declare, prohibit, and abate nuisances.
(c)CA Public Resources Code § 30005(c) On the power of the Attorney General to bring an action in the name of the people of the state to enjoin any waste or pollution of the resources of the coastal zone or any nuisance.
(d)CA Public Resources Code § 30005(d) On the right of any person to maintain an appropriate action for relief against a private nuisance or for any other private relief.

Section § 30005.5

Explanation

This law clarifies that local governments in California cannot be forced or authorized to use any powers that they don't already have, unless those powers are specifically given to them by other rules or the state Constitution, particularly as mentioned in Section 30519. It ensures that local governments operate within their existing legal boundaries unless explicitly directed otherwise.

Nothing in this division shall be construed to authorize any local government, or to authorize the commission to require any local government, to exercise any power it does not already have under the Constitution and laws of this state or that is not specifically delegated pursuant to Section 30519.

Section § 30006

Explanation

This law emphasizes the importance of involving the public in decisions about coastal planning, conservation, and development. It highlights that successful coastal management relies on public understanding and support, and encourages widespread public participation in these processes.

The Legislature further finds and declares that the public has a right to fully participate in decisions affecting coastal planning, conservation, and development; that achievement of sound coastal conservation and development is dependent upon public understanding and support; and that the continuing planning and implementation of programs for coastal conservation and development should include the widest opportunity for public participation.

Section § 30006.5

Explanation

This law emphasizes the importance of incorporating scientific recommendations in coastal planning and development decisions. It highlights that the commission responsible for these decisions should develop expertise in relevant scientific fields and collaborate with scientists and academics. Key issues include coastal erosion, marine biodiversity, and sea level rise, among others.

The Legislature further finds and declares that sound and timely scientific recommendations are necessary for many coastal planning, conservation, and development decisions and that the commission should, in addition to developing its own expertise in significant applicable fields of science, interact with members of the scientific and academic communities in the social, physical, and natural sciences so that the commission may receive technical advice and recommendations with regard to its decisionmaking, especially with regard to issues such as coastal erosion and geology, agriculture, marine biodiversity, wetland restoration, sea level rise, offshore wind development, desalination plants, and the cumulative impact of coastal zone developments.

Section § 30007

Explanation

This law states that local governments in California must still comply with both state and federal laws about providing housing for low- and moderate-income individuals. It also confirms that they must fulfill any requirements to provide replacement housing or relocation benefits, as well as any other housing-related obligations that current or future laws may enforce.

Nothing in this division shall exempt local governments from meeting the requirements of state and federal law with respect to providing low- and moderate-income housing, replacement housing, relocation benefits, or any other obligation related to housing imposed by existing law or any law hereafter enacted.

Section § 30007.5

Explanation

This law acknowledges that sometimes different policies within the coastal resources division might conflict with each other. When this happens, the resolution should favor the protection of important coastal resources overall. For instance, prioritizing policies that encourage development near urban areas might sometimes be more beneficial than strictly conserving specific wildlife habitats.

The Legislature further finds and recognizes that conflicts may occur between one or more policies of the division. The Legislature therefore declares that in carrying out the provisions of this division such conflicts be resolved in a manner which on balance is the most protective of significant coastal resources. In this context, the Legislature declares that broader policies which, for example, serve to concentrate development in close proximity to urban and employment centers may be more protective, overall, than specific wildlife habitat and other similar resource policies.

Section § 30008

Explanation

This law establishes California’s coastal zone management program, aligning it with federal guidelines set by the Federal Coastal Zone Management Act of 1972. While federal lands are generally excluded from this management zone, California maintains its authority and rights over these areas as allowed by federal and state laws. Essentially, California can manage its coastal resources within federal guidelines but retains autonomy on certain federal lands.

This division shall constitute California’s coastal zone management program within the coastal zone for purposes of the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.) and any other federal act heretofore or hereafter enacted or amended that relates to the planning or management of coastal zone resources; provided, however, that within federal lands excluded from the coastal zone pursuant to the Federal Coastal Zone Management Act of 1972, the State of California shall, consistent with applicable federal and state laws, continue to exercise the full range of powers, rights, and privileges it now possesses or which may be granted.

Section § 30009

Explanation

This section means that the division it's part of should be interpreted in a way that best achieves its goals. In other words, if there's any uncertainty about what the rules mean, they should be understood in the most effective way to fulfill the division's intended purposes.

This division shall be liberally construed to accomplish its purposes and objectives.

Section § 30010

Explanation

This law section ensures that when a government body in California makes decisions about permits, they can't take or damage private property for public use without compensating the owner fairly. It doesn’t change any existing property rights under state or federal laws.

The Legislature hereby finds and declares that this division is not intended, and shall not be construed as authorizing the commission, port governing body, or local government acting pursuant to this division to exercise their power to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or the United States.

Section § 30011

Explanation

This section states that the commission is not allowed to evaluate how local governments apply Section 65590 of the Government Code to developments. Furthermore, applicants or local governments do not need to provide proof of compliance with that section when seeking a coastal development permit. However, for certain coastal development permit applications, the commission can request information about the local government's compliance status with Section 65590 only to determine the timing for its decisions.

Nothing in this division shall authorize the commission to review a local government’s application of the requirements of Section 65590 of the Government Code to any development. In addition, the commission shall not require any applicant for a coastal development permit or any local government to provide certification or other evidence of compliance with the requirements of Section 65590 of the Government Code. The commission may, however, solely in connection with coastal development permit applications described in subdivision (c) of Section 30600.1, require information about the status of a local government’s action to apply the requirements of Section 65590 of the Government Code. This information shall be used for the purpose of determining time limits for commission action on these applications as provided in that subdivision (c).

Section § 30012

Explanation

This law highlights the importance of education in fostering environmental responsibility among the citizens of California. The commission is tasked with implementing a public education program that informs and involves schools, youth groups, and the public about conserving coastal and ocean resources. Programs like Adopt-A-Beach are emphasized for promoting volunteer efforts.

The commission must collaborate with other agencies to share information effectively, seek funding from various sources, and may utilize grants without listing them in their budget. They are also encouraged to use interns to assist their staff and ensure these programs are inclusive and educationally beneficial. An annual progress report must be submitted to the Legislature.

(a)CA Public Resources Code § 30012(a) The Legislature finds that an educated and informed citizenry is essential to the well-being of a participatory democracy and is necessary to protect California’s finite natural resources, including the quality of its environment. The Legislature further finds that through education, individuals can be made aware of and encouraged to accept their share of the responsibility for protecting and improving the natural environment.
(b)Copy CA Public Resources Code § 30012(b)
(1)Copy CA Public Resources Code § 30012(b)(1) The commission shall, to the extent that its resources permit, carry out a public education program that includes outreach efforts to schools, youth organizations, and the general public for the purpose of promoting understanding of, fostering a sense of individual responsibility for, and encouraging public initiatives and participation in programs for, the conservation and wise use of coastal and ocean resources. Emphasis shall be given to volunteer efforts such as the Adopt-A-Beach program.
(2)CA Public Resources Code § 30012(b)(2) In carrying out this program, the commission shall coordinate with other agencies to avoid duplication and to maximize information sharing.
(c)CA Public Resources Code § 30012(c) The commission is encouraged to seek funding from any appropriate public or private source and may apply for and expend any grant or endowment funds for the purposes of this section without the need to specifically include funds in its budget. Any funding made available to the commission for these purposes shall be reported to the fiscal committee of each house of the Legislature at the time its budget is being formally reviewed.
(d)CA Public Resources Code § 30012(d) The commission is encouraged to seek and utilize interns for the purpose of assisting its regular staff in carrying out the purposes of this section and this division and, notwithstanding any other provision of law, may participate in any internship program the executive director determines to be appropriate. With respect to any internship program the commission uses, it shall make the best efforts to ensure that the participants in the program reflect the ethnic diversity of the state and are provided an educational and meaningful experience.
(e)CA Public Resources Code § 30012(e) The commission shall submit to each house of the Legislature an annual report describing the progress it is making in carrying out this section.

Section § 30013

Explanation

This law states that when it comes to government programs related to environmental justice, no one in California should face discrimination based on race, national origin, religion, age, gender, sexual orientation, or disability. It ensures everyone gets fair access to benefits provided by state-funded programs working under this law.

The Legislature further finds and declares that in order to advance the principles of environmental justice and equality, subdivision (a) of Section 11135 of the Government Code and subdivision (e) of Section 65040.12 of the Government Code apply to the commission and all public agencies implementing the provisions of this division. As required by Section 11135 of the Government Code, no person in the State of California, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, shall be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination, under any program or activity that is conducted, operated, or administered pursuant to this division, is funded directly by the state for purposes of this division, or receives any financial assistance from the state pursuant to this division.