Sea Level Rise Planning And Adaptation

Section § 30985

This law requires local governments in California, located in coastal areas or under the San Francisco Bay Commission's jurisdiction, to create a sea level rise plan. They must incorporate this plan into either a local coastal program or a regional shoreline resiliency plan, depending on their location.

The plan must use the best science available, assess vulnerabilities with a focus on at-risk communities, propose adaptation strategies, and list leading agencies. It should also outline regular updates based on changing conditions. Economic impact analyses must be included to forecast costs to critical infrastructure, such as roads, airports, and power plants.

Local governments have until January 1, 2034, to comply with these requirements.

(a) A local government lying, in whole or in part, within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission shall develop a sea level rise plan as part of either of the following, as applicable:

(1) A local coastal program that is subject to approval by the California Coastal Commission consistent with the guidelines established pursuant to subdivision (a) of Section 30985.2.

(2) A subregional San Francisco Bay shoreline resiliency plan that is subject to approval by the San Francisco Bay Conservation and Development Commission consistent with the guidelines established pursuant to subdivision (b) of Section 30985.2.

(b) The sea level rise plan required pursuant to subdivision (a) shall include, at a minimum, all of the following:

(1) The use of the best available science.

(2) A vulnerability assessment that includes efforts to ensure equity for at-risk communities.

(3) Sea level rise adaptation strategies and recommended projects.

(4) Identification of lead planning and implementation agencies.

(5) A timeline for updates, as needed, based on conditions and projections and as determined by the local government in agreement with the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as applicable.

(c) A timeline for sea level rise plan updates, as required pursuant to paragraph (5) of subdivision (b), shall include economic impact analyses of, at a minimum, costs to critical public infrastructure and recommended approaches for implementing the sea level rise adaptation strategies and recommended projects pursuant to paragraph (3) of subdivision (b).

(d) All local governments subject to the requirements of subdivision (a) shall comply with this section by January 1, 2034.

(e) For purposes of this section, “critical public infrastructure” includes, but is not limited to, transit, roads, airports, ports, water storage, and conveyance, wastewater treatment facilities, landfills, powerplants, and railroads.

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Section § 30985.2

This law requires two commissions, the California Coastal Commission and the San Francisco Bay Conservation and Development Commission, to create guidelines by December 31, 2024. These guidelines will be used to develop a sea level rise plan, which responds to the threats posed by rising sea levels. The guidelines should be informed by previously established policies and strategies, specifically documents prepared in 2021. This involves cooperation among several key environmental and coastal organizations in California.

(a) On or before December 31, 2024, the California Coastal Commission, in close coordination with the Ocean Protection Council and the California Sea Level Rise State and Regional Support Collaborative, shall establish guidelines for the preparation of the sea level rise plan required pursuant to subdivision (a) of Section 30985. The guidelines shall recognize and build upon the baseline policies as described in the “Sea Level Rise Working Group: 2021 Work Products” as published by the California Coastal Commission on December 3, 2021.

(b) On or before December 31, 2024, the San Francisco Bay Conservation and Development Commission, in close coordination with the California Coastal Commission, the Ocean Protection Council, and the California Sea Level Rise State and Regional Support Collaborative, shall establish guidelines for the preparation of the sea level rise plan required pursuant to subdivision (a) of Section 30985. The guidelines shall recognize and build upon the “guiding principles of the joint platform” as described on page 16 of the “Bay Adapt Regional Strategy for a Rising Bay Joint Platform” adopted by the San Francisco Bay Conservation and Development Commission on October 21, 2021.

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Section § 30985.4

This law makes it clear that nothing within this division takes away or changes the power that state or local agencies already have. Their authority remains unaffected.

This division does not reduce, alter, or diminish the authority of a state or local agency.

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Section § 30985.5

This law states that local governments in California that get approval from either the California Coastal Commission or the San Francisco Bay Conservation and Development Commission for their sea level rise plans will be given priority for funding. This funding, once it is allocated by the Legislature, is meant to support the implementation of their sea level rise adaptation strategies and projects.

Local governments that receive approval by the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as applicable, pursuant to subdivision (a) of Section 30985 shall be prioritized for funding, upon appropriation by the Legislature, for the implementation of sea level rise adaptation strategies and recommended projects in the local government’s approved sea level rise plan.

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Section § 30985.6

This law states that for this division of the law to be active and enforceable, the California Legislature must allocate funds for it through the annual Budget Act or another law.

The operation of this division is contingent upon an appropriation for its purposes by the Legislature in the annual Budget Act or another statute.

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Section § 30985.8

This section provides definitions for specific terms used in this part of the California Public Resources Code. It defines the California Sea Level Rise State and Regional Support Collaborative, the coastal zone, the jurisdiction of the San Francisco Bay Conservation and Development Commission, local coastal programs, and local government. Each term references where you can find its exact definition in other legal sections.

For purposes of this division, the following definitions apply:

(a) “California Sea Level Rise State and Regional Support Collaborative” means the California Sea Level Rise State and Regional Support Collaborative created pursuant to Section 30972.

(b) “Coastal zone” has the same meaning as defined in Section 30103.

(c) “Jurisdiction of the San Francisco Bay Conservation and Development Commission” means the area described in Section 66610 of the Government Code.

(d) “Local coastal program” has the same meaning as defined in Section 30108.6.

(e) “Local government” has the same meaning as defined in Section 30109.

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