State Coastal ConservancySystem of Public Accessways
Section § 31400
This law emphasizes that the public should have guaranteed access to enjoy California's coastal resources, such as beaches and marshes. To make this happen, a state agency called the State Coastal Conservancy is tasked with leading efforts to develop and manage paths and entry points along the coast, including areas like San Francisco Bay and Suisun Marsh.
Section § 31400.1
This law allows the conservancy to give grants to public agencies or nonprofits to acquire or manage land for public access to the coast. However, local agencies can only receive these grants if the coastal access benefits people beyond just the local community.
Section § 31400.2
This law allows a conservancy, which is an organization that works to preserve land, to finance the complete cost of buying land interests and developing public accessways. These can be projects by either public agencies or nonprofit organizations. How much money is provided depends on factors such as available funds, financial strength of the applicant, how urgent the project is compared to others, and any criteria set by the conservancy to decide what projects are eligible and prioritized.
Section § 31400.3
This law allows the conservancy to help public agencies and nonprofit organizations create and manage pathways for public access to the coast. The aim is to support the goals of having accessible coastal areas.
Section § 31401
This section requires the conservancy to create and adopt guidelines for state and local public agencies, as well as federal agencies when allowed, to help them access and develop ways for the public to reach coastal areas. These guidelines should be part of a broader public access network along California’s coast, which will also be included in the state's Outdoor Recreation Resources Plan.
Section § 31402
This section allows state agencies to buy land or interests in land to ensure public pathways are available along the coast. These agencies can also develop and maintain these areas to provide access to important coastal resources.
Section § 31402.1
This law is about encouraging the timely acceptance of property offers that help provide public access to the coastline in California. The law emphasizes the importance of preventing the loss of pathways to the state's beaches and shorelines. It states that it's in the state's best interest to accept property offers that preserve open spaces or enhance public access to beaches and tidelands. These property offers are not considered gifts or acquisitions but are necessary steps for development aligned with coastal policies.
Section § 31402.2
This law requires the conservancy to accept any offers to dedicate a public accessway if no public agency or nonprofit organization takes it up within 90 days after the offer expires.
Section § 31402.3
This law mandates that, as long as there are funds available, the State Coastal Conservancy must open at least three public accessways to the coast each year, either directly or through grants to other groups. The conservancy can transfer access rights to public agencies or nonprofits for them to manage or use, but can reclaim these rights if necessary. Nonprofits must prove they are tax-exempt, submit a management plan, and allow the conservancy to reclaim access rights if they don't manage them properly. Any developments on accessways require conservancy approval, and no general state funds can be used for these purposes.
Section § 31403
This law states that the department or conservancy cannot use eminent domain to acquire a public access site without the Legislature's approval during their yearly budget approval process.
Section § 31404
If a local public agency cannot or does not want to take ownership of land needed for public access to the coast, the state department or conservancy can take ownership instead. However, they're not required to open that area to the public if the costs are too high compared to the benefits. They'll try to find local agencies or nonprofits willing to handle maintenance and liability for access areas not in the state park system. They can lease access sites to such organizations as long as they ensure public access to the coast continues.
Section § 31405
This law allows the department or the conservancy to accept funds from public agencies or nonprofits to help improve public access to the coast. The money collected must only be used to buy, develop, or maintain paths for the public to reach the coastline. Ideally, the money should be used in the area where it was collected, especially if that area lacks sufficient access to the beach or coast. The department or conservancy can also give these funds to local agencies or nonprofits to help with acquiring land to improve coastal access.
Section § 31406
This law allows a government agency, known as the conservancy, to make agreements to buy property for projects that improve public access, provided there is funding from the state government. However, the initial cost for such an agreement can't be more than $600,000.
Section § 31408
This law section explains that the conservancy is responsible for working with various state departments, like Parks and Recreation, to develop the California Coastal Trail. These departments must cooperate with the conservancy by helping plan, make land available, construct trail parts, put up signs, and manage the trail, as much as they can within their own rules and responsibilities.
Section § 31409
This law allows the conservancy to give financial support and help to public agencies and nonprofits for developing and expanding inland trail systems. These trails should be able to connect to the California Coastal Trail, enhancing public access to the coastline.
Section § 31410
This law designates a portion of the Ma-le’l Dunes in Humboldt County, part of the California Coastal Trail, as the Senator Wesley Chesbro Coastal Trail. This designation will be recognized with signage after Wesley Chesbro leaves the Legislature or after January 1, 2009, whichever is later. The signage will be funded by those who request it, and all publications about the trail must be updated to reflect this new designation.