This chapter shall be known and may be cited as the “Urban Waterfront Restoration Act of 1981“.
Chapter 7Urban Waterfront Restoration
Section § 31300
This law section establishes the title of this chapter as the “Urban Waterfront Restoration Act of 1981.” It allows people to refer to it by this name.
Urban Waterfront Restoration Restoration Act 1981 Waterfront development Urban renewal Waterfront projects Environmental restoration Urban planning Community revitalization Coastal management Public access Waterfront enhancement Ecological improvement Historical preservation Recreation areas
Section § 31301
This law emphasizes that California's urban waterfronts, often the first to develop and decay in urban areas, need restoration to revive their role as essential economic and cultural community hubs. The goal is to transform these areas into environmentally friendly spaces featuring parks, open spaces, facilities for visitors, and housing for people of all income levels. This transformation aims to boost tourism, ensure public access, and support private sector growth, ultimately benefitting both state citizens and local communities.
The Legislature finds and declares that California’s urban waterfronts, being often the first part of an urban area to develop and, thus, the first to decay, are in need of restoration in order to be the vital economic and cultural component of the community which they once were. The Legislature further finds and declares that developing the state’s urban waterfronts into environmentally sound areas through, but not limited to, the creation of parks, open space, visitor serving facilities, and housing for all income levels will promote tourism, public access, and private sector development in these areas. The Legislature further finds and declares that the encouragement of tourism, public access to the coast, and planned private sector development to be a benefit to the citizens of the state, as well as the local citizenry in affected urban waterfront areas. It is, therefore, the intent of this chapter to promote the restoration of the state’s vital urban waterfronts.
urban waterfronts environmental restoration economic development cultural community parks open space visitor facilities housing public access tourism private sector development community revitalization coastal access citizen benefits local development
Section § 31302
This law section states that the conservancy is responsible for managing the regulations in this chapter. It must also work with both state and federal agencies to ensure their programs affecting urban waterfronts in California are efficient and don't overlap with one another.
The conservancy shall administer the provisions of this chapter. The conservancy shall coordinate the activities of all other state agencies and all federal agencies that have programs affecting California’s urban waterfronts in order to increase the efficiency and minimize duplication of those programs.
conservancy management urban waterfronts coordination of agencies state agency activities federal program efficiency minimize duplication urban waterfront programs program overlap prevention California waterfront coordination agency collaboration program administration efficiency in urban projects
Section § 31303
This law directs the conservancy to work with various groups, including commissions and organizations, to create guidelines and criteria for urban waterfront restoration projects. These guidelines help in evaluating and prioritizing the projects that can receive funding.
Once feedback from these groups and the public is considered, the conservancy finalizes these guidelines. Public agencies and nonprofit organizations can then submit their project proposals following these criteria for possible state or federal funding.
The conservancy shall request the commission, public agencies, nonprofit organizations, and other public and private groups to assist in the development of criteria and guidelines for the submission, evaluation, and determination of priority of projects. After considering comments received from those sources and ensuring that adequate opportunity for public review and comment has been provided, the conservancy shall adopt guidelines and criteria for the administration of the urban waterfront restoration program authorized under this chapter.
In accordance with procedures adopted by the conservancy, public agencies and nonprofit organizations may submit proposed urban waterfront projects for consideration by the conservancy for state or federal funding.
urban waterfront restoration project criteria development evaluation of projects funding for waterfront projects conservancy guidelines public agency projects nonprofit organization projects project submission process project prioritization public review process federal funding applications state funding applications conservancy assistance project proposal guidelines urban project funding
Section § 31305
This law section encourages the review process for grant applications and urban waterfront restoration plans to focus on promoting excellent design. It also aims to inspire projects that creatively and sensitively blend man-made structures with the natural coastal surroundings.
In reviewing grant applications and urban waterfront restoration plans, the conservancy shall seek to promote excellence of design and shall stimulate projects which exhibit innovation in sensitively integrating man-made features into the natural coastal environment.
grant applications urban waterfront restoration design excellence innovation in projects natural coastal environment man-made integration environmental sensitivity coastal projects restoration plans urban design coastal development project stimulation design integration natural surroundings coastal conservation
Section § 31306
This section outlines how capital projects and programs for coastal management will be proposed and funded in California. It specifies that the conservancy is responsible for proposing these projects to receive federal grants under the Coastal Zone Management Improvement Act. The commission cannot forward any project applications unless proposed by the conservancy.
It also clarifies that the commission maintains its authority to determine how federal financial assistance is allocated among various coastal-related activities, including research, energy impact, and resource management. However, the commission and the conservancy must agree on allocations for specific projects related to public access, resource enhancement, and urban waterfront restoration before making decisions.
The commission must consult with other agencies, including the San Francisco Bay Conservation and Development Commission, to ensure adequate federal assistance for meeting their responsibilities under the California Coastal Management Program.
(a)CA Public Resources Code § 31306(a) The conservancy shall propose capital projects and capital programs, generated by the conservancy, local public agencies, or state agencies for grants available under Section 306A of the federal Coastal Zone Management Improvement Act (Public Law 96-464). The commission shall not forward any application unless it has been proposed by the conservancy.
(b)CA Public Resources Code § 31306(b) Nothing in this chapter shall diminish the commission’s authority pursuant to Section 30330 of the Public Resources Code, which shall include determination of the allocation of federal financial assistance among the coastal management activities, coastal research activities, coastal energy impact activities, living marine resource activities, and natural resources enhancement and management activities, eligible for federal financial assistance under the Coastal Zone Management Improvement Act, or any amendment thereto, or any other federal act enacted up to this time or in the future, that relates to the planning and management of the coastal zone, except as provided in this section.
(c)Copy CA Public Resources Code § 31306(c)
(1)Copy CA Public Resources Code § 31306(c)(1) Prior to the commission’s determination of allocations under subdivision (b), the commission and the conservancy shall concur on the allocation for capital projects and capital programs generated by the conservancy, local public agencies, or state agencies for public access, agricultural preservation, enhancement of coastal resources, coastal restoration, urban waterfront restoration, reservation of significant coastal resource areas, and commercial fishing facilities. No allocation for these capital projects and capital programs shall be made unless they are proposed by the conservancy.
(2)CA Public Resources Code § 31306(c)(2) Prior to the commission’s determination of allocations under subdivision (b), the commission and the San Francisco Bay Conservation and Development Commission shall concur on the allocation for the San Francisco Bay Conservation and Development Commission to carry out its responsibilities under the federally approved California Coastal Management Program.
(3)CA Public Resources Code § 31306(c)(3) In determining the allocations under subdivision (b), the commission shall consult with the conservancy, the San Francisco Bay Conservation and Development Commission, and the Department of Finance, and shall ensure that agencies eligible for federal financial assistance under the Coastal Zone Management Improvement Act are allocated sufficient assistance to carry out their required responsibilities under the federally approved California Coastal Management Program.
capital projects capital programs coastal management federal grants conservancy proposals allocation of funds coastal zone public access urban waterfront restoration resource enhancement California Coastal Management Program San Francisco Bay Conservation Development Commission coastal research activities federal financial assistance
Section § 31307
This law allows the conservancy to give grants to public agencies and nonprofit organizations to help restore urban coastal waterfront areas.
The conservancy may award grants to public agencies and nonprofit organizations for the restoration of urban coastal waterfront areas.
grants public agencies nonprofit organizations restoration urban coastal areas waterfront restoration environmental conservation urban development coastal restoration conservancy funding community projects waterfront revitalization environmental grants urban renewal nonprofit funding
Section § 31308
This section explains that the conservancy can fully fund urban waterfront projects, including local parts of federally funded projects, but it may ask for local financial participation too. Several factors influence how much funding a project gets, such as available funds for urban waterfront projects, the financial situation of the applicant, the project's urgency, how well the project meets specific goals, and other factors set by the conservancy to decide a project's eligibility and priority effectively.
The conservancy may provide up to the total cost of any urban waterfront project, including the local share of federally supported projects. The conservancy may also require local funding participation in urban waterfront projects. The amount of funding provided by the conservancy and the degree of local participation shall be determined by the total amount of funding available for urban waterfront projects, the fiscal resources of the applicant, the urgency of the project relative to other eligible urban waterfront projects, the degree to which the project meets the objectives set forth in Section 31305, and the application of other factors prescribed by the conservancy for the purpose of determining project eligibility and priority in order to more effectively carry out the provisions of this division.
urban waterfront project local funding participation federal support funding determination project urgency applicant fiscal resources project objectives eligibility criteria funding priority conservancy funding urban development funding project cost local share conservancy requirements funding eligibility
Section § 31309
If a proposed urban waterfront project is approved, the conservancy can provide up to $100,000 to help cover the cost of creating plans for urban waterfront restoration. Additionally, they can offer loans to public agencies or nonprofits for the entire cost of creating these plans, provided two conditions are met: The loans must be funded by the state budget, and the plan's cost must be part of a project already approved for funding. The loans need to be repaid when the bonds for the project are sold, with interest that covers the state's funding costs.
(a)CA Public Resources Code § 31309(a) Following approval of a proposed urban waterfront project by the conservancy, the conservancy may provide up to one hundred thousand dollars ($100,000) of the cost of preparing urban waterfront restoration plans. In addition, the conservancy may make loans to public agencies or nonprofit organizations, or any combination thereof, for the full cost of preparing an urban waterfront restoration plan, if both of the following are satisfied:
(1)CA Public Resources Code § 31309(a)(1) Funding for those loans is provided for in the Budget Act.
(2)CA Public Resources Code § 31309(a)(2) The cost of preparation of a plan is included in the cost of a project approved for funding pursuant to Division 22 (commencing with Section 32000).
(b)CA Public Resources Code § 31309(b) The loans shall be repaid when the bonds funding the project are sold and upon terms and at a rate of interest which recovers the costs of the funds to the state.
urban waterfront project restoration plans conservancy funding public agencies nonprofit organizations project approval Budget Act loan repayment state funding costs bonds interest rates preparation costs Division 22 public financing waterfront development
Section § 31310
This law allows a state conservancy to secure an option to purchase real estate for urban waterfront projects if the Legislature gives the necessary funding. The cost to secure this option cannot be more than $600,000.
Notwithstanding any other provision of law, the conservancy may enter into an option to acquire an interest in real property in connection with an urban waterfront project, when the Legislature appropriates funds for purposes of carrying out the objectives of this division. The cost of the option may not exceed six hundred thousand dollars ($600,000).
urban waterfront project real property acquisition conservancy options property interest funding appropriation real estate option urban development Legislative funding project financing property investment real estate cost limit public projects state conservancy option cost limit property acquisition funding
Section § 31311
This law states that when making improvements in urban waterfront areas, the costs for creating parks, open spaces, and other public sites can be included as part of the project's budget. However, these amenities should mainly benefit local residents and shouldn't take up too much of the total project cost. Additionally, expenses for public coastal access and scenic views are allowed if they are part of an approved plan for urban waterfront renewal.
Costs of providing parks, open space, or other public areas and facilities may be included as project costs within urban waterfront restoration areas, if they are designed to serve the residents of the restoration area and do not constitute a disproportionate share of the total project cost. Costs of providing public coastal access sites and scenic easements serving the public may be permitted as project costs where such features are part of an approved urban waterfront restoration plan.
urban waterfront restoration project costs parks open space public areas facilities local residents approved plan public coastal access scenic easements cost allocation renewal plan restoration area community benefits budget considerations
Section § 31311.5
This law states that when a grant is given for building or expanding facilities for the commercial fishing industry, the financial terms and how the grant might be paid back should focus on ensuring the industry's long-term financial health.
Where the conservancy awards any grant for the purpose of providing new or expanded facilities to serve the commercial fishing industry, the financial terms and any reimbursement provisions of that grant shall be determined solely on the basis of protecting the long-term economic viability of the commercial fishing industry.
commercial fishing industry grant awards new facilities expanded facilities financial terms reimbursement provisions economic viability long-term protection fishing grants fishing industry support conservancy financial health industry sustainability grant conditions facility development
Section § 31312
This law requires that local public agencies and nonprofit organizations involved in urban waterfront restoration projects must follow the rules set out in Division 24 of the Health and Safety Code. This means these projects need to comply with established health and safety regulations.
Local public agencies and nonprofit organizations, in undertaking urban waterfront restoration projects as provided in this chapter, shall be subject to the provisions of Division 24 (commencing with Section 33000) of the Health and Safety Code.
urban waterfront restoration local public agencies nonprofit organizations Health and Safety Code compliance Division 24 health regulations safety standards restoration projects project compliance waterfront development safety protocols urban development environmental restoration infrastructure regulations community projects
Section § 31313
This law states that if, after completing an urban waterfront project, there is any leftover money, it must be sent back to the state. The funds will then be held by a special agency and can be used later, but only if the Legislature decides to release them for similar programs.
Any funds over and above eligible project costs which remain after completion of an urban waterfront project as provided in this chapter shall be transmitted by the recipient to the state and deposited with the conservancy and shall be available for expenditure when appropriated by the Legislature for the purposes of funding the programs specified in this division.
urban waterfront project leftover funds state funds fund transmission project completion conservancy deposit fund appropriation Legislature program funding eligible project costs expenditure availability
Section § 31314
This law is about plans for the Port of San Francisco. It focuses on using port property that’s not needed for maritime purposes to enhance visitor experiences, create open spaces, and improve public access along the waterfront. It also includes plans for setting up commercial fishing areas and fixing old docks and piers.
Once these plans get approval from the State Coastal Conservancy, funding for these projects will be prioritized to boost tourism and public access, as well as help maintain these facilities and areas over time.
Plans prepared pursuant to this chapter for the Port of San Francisco may seek to expedite the implementation of visitor serving commercial uses of port property not needed for maritime use, establish a system of open spaces and public access along the waterfront, provide for commercial fishing facilities, and provide for the rehabilitation of existing deteriorated wharfs and piers.
Upon the approval of the State Coastal Conservancy, funding of the Port of San Francisco pursuant to this chapter shall be given high priority and be available to implement plans prepared pursuant to this chapter and to increase the port’s ability to establish an ongoing land management program to encourage public access and tourist uses of the port.
Port of San Francisco visitor-serving commercial uses maritime use waterfront public access commercial fishing facilities rehabilitation of wharfs rehabilitation of piers State Coastal Conservancy approval high priority funding land management program tourist uses open spaces deteriorated piers implement plans public access encouragement
Section § 31315
This law section authorizes the conservancy to manage state funds specifically allocated for upgrading fishing harbor infrastructure on public trust lands. This occurs when such funds are provided to the conservancy for urban waterfront restoration projects.
The conservancy, under its mandate for urban waterfront restoration, shall administer the distribution of state funds, when appropriated to the conservancy, for the improvement of the infrastructure of fishing harbors on public trust lands.
urban waterfront restoration state funds distribution fishing harbors public trust lands infrastructure improvement conservancy administration harbor upgrades state funding public land development waterfront projects
Section § 31316
This section allows the conservancy to undertake projects and give grants for activities that support the preservation, restoration, or enhancement of ocean, coastal, or watershed resources within its jurisdiction. These projects can also focus on environmental education related to these resources. Examples of activities include educational exhibits or events about coastal and ocean resources or maritime history, as well as developing facilities and infrastructure that align with these goals.
Within the conservancy’s jurisdiction pursuant to this chapter and within urban coastal watershed areas, the conservancy may undertake projects and award grants for activities that are compatible with the preservation, restoration, or enhancement of ocean, coastal, or watershed resources, or that facilitate environmental education related to these resources. These projects or activities may include, but are not limited to, exhibits or events emphasizing coastal, watershed, or ocean resource education, or maritime history, or the development of amenities and infrastructure consistent with this chapter.
conservancy projects grants ocean resources coastal resources watershed preservation environmental education maritime history coastal infrastructure urban coastal watershed resource enhancement exhibits events facilities development resource restoration
