State Coastal ConservancyCoastal Resource Enhancement Projects
Section § 31251
This law allows the conservancy to give grants to public agencies and nonprofits to improve coastal areas that have been damaged by dredging, poor development decisions, natural disasters, or bad land use. These grants are intended to buy and manage land in coastal areas to better protect and restore them. The funds can also be used to move or fix badly planned structures and improve the natural beauty of these areas. However, the grants can't be used mainly to acquire land for public parks or wildlife areas unless these are part of a coastal enhancement project.
Section § 31251.2
This law section allows the conservancy to undertake projects or grant funds to improve coastal resources within a watershed that extends outside the coastal zone. Projects involving fish management need approval from the Department of Fish and Game.
Such projects must be requested by a local public agency overseeing the whole area if the project affects both inside and outside the coastal zone. Activities outside the coastal zone don't require commission review, but the commission and the Department of Fish and Game can still provide feedback to ensure alignment with overall coastal policies.
Funds from a specific section can't be used for activities outside the coastal zone, and this rule doesn't apply to the Santa Monica Mountains Zone.
Section § 31252
This law section explains that any area proposed for resource enhancement by state or local agencies, or nonprofits, must be identified in a local coastal plan or another commission-approved local plan as needing public action for resource protection. For San Francisco Bay, the area must be recognized in the bay plan or other plans approved by the bay commission.
Section § 31253
This law states that a conservancy can fund up to the entire cost of a coastal resource enhancement project. This includes the portion that is usually covered by state or local funds in federally supported projects. The decision on how much funding is provided depends on the total funds available, the applicant's financial situation, how urgent the project is compared to others, and other factors set by the conservancy to determine which projects get priority.
Section § 31254
This law section mandates that the conservancy should seek help from the commission, local agencies, nonprofit organizations, and other groups to create guidelines for evaluating and prioritizing projects that enhance coastal resources. After gathering input and allowing public review and feedback, the conservancy will set the official guidelines and criteria for managing the coastal program.
Section § 31255
This law allows state agencies, local public agencies, and nonprofit organizations to propose projects that aim to enhance coastal resources. These proposals are submitted to the conservancy following certain procedures.
Section § 31255.1
This law allows the conservancy to secure the right to buy property related to an enhancement project, as long as the Legislature provides funds for it. However, they can't spend more than $600,000 on this option to acquire the property.
Section § 31257
This law allows the conservancy to fund up to $300,000 for developing plans aimed at enhancing coastal resources.
Section § 31258
This law outlines the review process for coastal resource enhancement plans in California. After a plan is completed, it is sent to the appropriate authority for review. If the commission is overseeing the review, they have 60 days to ensure the plan aligns with existing coastal policies. If no response is received within this time, the plan is automatically approved. In cases where a local coastal program is certified, the local jurisdiction will review the plan if it doesn't require changes to existing programs or cross jurisdictional boundaries, and it's entirely within one agency's control. If the plan involves multiple jurisdictions or requires program amendments, the commission retains review authority.
Section § 31258.5
This law section explains the process for San Francisco Bay projects involving the conservancy's coastal resource enhancement plan. The plan must be sent to the bay commission to check if it aligns with the bay plan and Suisun Marsh Protection Plan, if relevant. The commission has 60 days to review the plan and provide feedback. If there are no comments within that timeframe, the plan is assumed to comply with the necessary guidelines.
Section § 31259
Once a resource enhancement plan is reviewed and approved, the conservancy must inform the relevant agency and give them the green light to start carrying out the plan's actions.
Section § 31260
This law allows the conservancy to pay for buying land if it's part of a project aimed at improving coastal resources.
Section § 31261
This law states that private development projects can take place in areas designed for enhancing coastal resources, but only if these projects align with the main goals of protecting and improving the coastal zone.
Section § 31262
After a resource enhancement project is completed, any leftover money that exceeds the project's costs must be sent to the state. This money is then held by the conservancy and can only be spent if the Legislature decides to allocate it for specific programs.
Section § 31263
This law states that if a local or state agency can't or doesn't want to improve a declining area, the conservancy can step in to enhance the coastal resources or allow a nonprofit to do so. This can only happen after the local agency is informed, and there's an approved enhancement plan for the area.
Section § 31263.5
This section details when the conservancy can improve resources in the San Francisco Bay area. Primarily, they need a formal request from a local public agency or the bay commission. In Contra Costa County, only the agency that oversees the land can make the request. However, improvements can only occur if there's a pre-approved resource enhancement plan.
Section § 31264
This law states that before any land can be acquired or projects are started by the conservancy under a resource enhancement plan, that plan must be presented to the local and state agencies that oversee land use and resource management in the area. These agencies have 90 days to review and comment on the plan. If the local agency, a nonprofit organization, or the state agency agrees to carry out the project according to the plan's guidelines, the conservancy can authorize them to do so, in compliance with the law's requirements.
Section § 31265
Before starting any resource enhancement project according to Section 31263, it must be part of and receive funding through the Budget Act.
Section § 31270
This law allows the conservancy to carry out a project to improve coastal resources in San Diego at a specific area called Famosa Slough. The project can happen despite usual geographic restrictions.