The California Coastal Act of 1976 requires oceanfront land suitable for recreational use to be protected for recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area. Existing law, the California Ocean Protection Act, establishes the Ocean Protection Council and provides that the purpose of the act is to integrate and coordinate the state's laws and institutions responsible for protecting and conserving ocean resources, including coastal waters and ocean ecosystems, to provide for public access to the ocean and ocean resources, including to marine protected areas, for recreational use, and aesthetic, educational, and scientific purposes, consistent with the sustainable long-term conservation of those resources, among other objectives. Existing law establishes surfing as the official state sport. This bill would require, on or before July 1, 2027, the council to establish criteria and an application process for purposes of designating an area of the coastline as a state surfing reserve, as defined. The bill would authorize a local government to, after adopting a formal resolution, apply to the council for purposes of designating an area of the coastline within the jurisdiction of the local government as a state surfing reserve. The bill would require the local government to include in its application, among other things, a description of the proposed surfing reserve. The bill would require the council to approve the application if the area of the coastline meets the established criteria and would require, once the application is approved, the council to designate the area as a state surfing reserve. The bill would authorize the council to revoke its designation as a state surfing reserve if the council determines that the designated state surfing reserve no longer meets specified criteria and would require a local government to remove any signage used to identify a surfing reserve upon this revocation.
Existing law, the California Coastal Act of 1976, provides for the protection of California's coast and requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as specified. The act makes various findings and declarations regarding the need to preserve the state's natural and scenic resources along the coast and ensure that development in the coastal zone is carefully planned and developed. This bill would make nonsubstantive changes to those findings and declarations.
Existing law establishes, until January 1, 2028, the Prescribed Fire Liability Pilot Program, to be administered by the Department of Forestry and Fire Protection, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. Existing law creates the Prescribed Fire Claims Fund in the State Treasury to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. Under existing law, moneys in the fund are under the control of the department, and the department or a contracted third-party administrator is authorized to direct payments for claims from the fund, consistent with specified guidelines adopted by the department. These guidelines include, among other things, (1) a requirement that an eligible claim relate to either a prescribed fire conducted or supervised by a burn boss, as defined, or a cultural burn conducted or supervised by a cultural fire practitioner, and (2) a requirement that a claim shall not be paid from the fund unless the department reviewed and approved a burn plan before the prescribed fire or cultural burning. Existing law requires, upon order of the Department of Finance, the $20,000,000 appropriated to the Department of Forestry and Fire Protection by the Legislature in the Budget Act of 2021 be transferred into the fund, and provides that all moneys deposited or transferred into the fund be continuously appropriated to the department for these purposes. By Executive Order N-35-25, Governor Gavin Newsom suspended the limitation on public and governmental agencies enrolling in the Prescribed Fire Liability Pilot Program to the extent that the limitation would prohibit resource conservation districts and volunteer fire departments or districts from such enrollment. This bill would establish the Good Fire Act, which would indefinitely extend the Prescribed Fire Liability Program. The bill would explicitly state that the Prescribed Fire Claims Fund shall support coverage for losses from prescribed fires and cultural burning on any lands within the state. The bill would also expand program eligibility by changing the entities who may receive coverage for losses from prescribed fires and cultural burning from nonpublic entities to individuals and entities other than the department or the federal government, as provided. By extending the term of a continuous appropriation and authorizing the expenditure of continuously appropriated funds for new purposes, the bill would make an appropriation. This bill would eliminate the requirement for department approval for a plan reviewed and approved by a burn boss, and would require a burn plan to be submitted to the claims fund portal before ignition. The bill would also require the guidelines to include methods for prioritizing broadcast burns and burns by non-public individuals or entities or California Native American tribes in the event the fund is oversubscribed. Within one year of a claim being paid from the fund, the bill would require the department to submit a report to the Legislature regarding the claim process and propose statutory changes related to the fund, as provided. Existing law requires the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, to develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses who possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. Existing law requires this curriculum to provide for the initial certification as well as the continuing education of burn bosses. Under existing law, specified civil liability protections and eligibility for claims from the Prescribed Fire Claims Fund extend to prescribed burns that, among other things, are reviewed and approved by a burn boss certified pursuant to these provisions, as provided. This bill would require, as part of the continuing education of burn bosses, the State Fire Marshal to require recertification no sooner than every 3 years. The bill would also require the department to consider methods to increase the pool of available instructors for the certification program, including the use of non-department instructors. The bill would require the department, in consultation with the Statewide Training and Education Advisory Committee, to develop a mechanism to allow specified individuals to be designated as a burn boss. The bill would authorize these individuals certified pursuant to this process to use the above-described recertification process to maintain currency. Existing law authorizes an entity that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or a combination of those types of land within a state responsibility area to apply to the Department of Forestry and Fire Protection for permission to use prescribed burning for certain public purposes. Existing law requires the department, upon receipt of an application, to inspect the land in company with the applicant to determine whether a permit shall be granted, as provided. By Executive Order N-35-25, Governor Gavin Newsom suspended the above-described requirement that the department conduct a site visit or inspection before issuing a state burn permit for projects undertaken by burn bosses or cultural fire practitioners. This bill would authorize the department to waive the inspection requirement or modify the standard precautions for an application submitted by specified individuals. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law exempts from CEQA specified wildfire risk reduction projects, including, among other projects, projects consisting of a prescribed fire or fuel reduction to reduce wildfire risk by reestablishing the fire return interval appropriate to the ecosystem for biodiversity or other benefits, excluding projects located on coastal sage scrub habitat or any other sensitive habitat. By Executive Order N-35-25, Governor Gavin Newsom suspended the requirements of CEQA as applied to the Department of Forestry and Fire Protection to the extent necessary for the department to assist local agencies and beneficial fire practitioners to complete beneficial fire projects that limit dangerous wildfire conditions to the greatest extent feasible. This bill would exempt from CEQA those actions taken by the department to assist in the implementation of prescribed fire or cultural burning projects that do not otherwise require compliance with CEQA. Existing law establishes various grant programs for purposes of wildfire prevention. This bill would require a state agency, department, board, or commission that has awarded grant funds for a project that includes the preparation for, or implementation of, a beneficial fire project to include as an allowable expense of the grant the payment of overtime or double rates of pay to employees or contractors who prepare for or implement the beneficial fire project when such expenses are necessary for the implementation of the beneficial fire project. Existing law authorizes the Director of Forestry and Fire Protection to provide grants to, or enter contracts or other cooperative agreements with, specified entities for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. Existing law authorizes the director to authorize advance payments and requires grantees who receive advance payments to file an accountability report with the department 4 months from the date of receiving the funds and every 4 months thereafter. This bill would instead require grantees who receive advance payments to file an accountability report within 6 months from the date of receiving the funds and every 6 months thereafter. This bill would incorporate additional changes to Section 4799.05 of the Public Resources Code proposed by AB 2513 to be operative only if this bill and AB 2513 are enacted and this bill is enacted last. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, declares that the Sacramento-San Joaquin Delta (Delta) is a critically important natural resource for California and the nation and it serves as both the hub of the California water system and the most valuable estuary and wetland ecosystem on the west coast of North and South America. Existing law establishes in the Natural Resources Agency the Department of Water Resources (department) . Existing law requires the department and the Department of Fish and Wildlife to determine the principal options for the Delta and requires the department to evaluate and comparatively rate each option for its ability to do specified things, including, among others, to maintain Delta water quality for Delta users, and to preserve, protect, and improve Delta levees. Existing law establishes in the agency the Sacramento-San Joaquin Delta Conservancy. Existing law requires the conservancy to act as a primary state agency to implement ecosystem restoration in the Delta and to support efforts that advance environmental protection and the economic well-being of Delta residents. Existing law provides for the preservation of specified management areas of the Suisun Marsh, pursuant to a protection plan prepared and adopted by the San Francisco Bay Conservation and Development Commission, as provided. Existing law establishes the Delta Stewardship Council, and requires the council to develop, adopt, and implement a comprehensive long-term management plan for the Delta, known as the Delta Plan, as provided. Existing law requires the department, upon appropriation, to reimburse an eligible local agency for costs incurred for the maintenance or improvement of specified levees, in an amount not to exceed 75% of costs incurred in excess of a set amount per mile, as provided. This bill would require the department to reimburse 100% of the excess costs if a local agency demonstrates economic hardship and the reimbursement is for a project that addresses a threat to life, property, water supply, or habitat. This bill would establish the Delta Levees and Canal Subsidence Fund in the State Treasury and, upon appropriation, would make the moneys in the fund available to the Secretary of the Natural Resources Agency for expenditure consistent with the allocations described below. The bill would authorize the secretary to seek out, and the fund to accept, state moneys from, among other sources, any bond funds, the General Fund, or the Greenhouse Gas Reduction Fund. The bill would authorize the fund to accept moneys from nonstate sources, including federal and private moneys, and would continuously appropriate those moneys without regard to fiscal year, for allocation as described below, thereby making an appropriation. The bill would require the secretary to allocate moneys in the fund, as specified, subject to funding availability, as follows: (1) to the department for the purposes of supporting capital improvements to restore the original design water conveyance capacity for state water conveyance systems, as defined, impacted operationally by land subsidence, and (2) to the department for projects in the Delta or Suisun Marsh to improve existing levees, as specified. The bill would require the conservancy to convene a working group with specified representation to develop a list of recommended projects, as provided. The bill would require the conservancy to publish the list on its internet website, allow 45 days for public comment, and hold at least one community meeting before the list is approved by the conservancy's governing board. The bill would require the department to administer any grants or funding agreements from the list of projects. The bill would require at least 15% of the funds for projects in the Delta or Suisun Marsh, as described in (2) above, to be for Delta levee projects from the list developed by the working group, as provided. The bill would authorize the department to impose additional requirements on projects to meet the conditions of the funding source, as provided. The bill would prohibit these moneys from being expended to pay the costs of the design, construction, operation, mitigation, or maintenance of any additional Delta conveyance facilities, as provided. The bill would require the secretary, no later than January 1, 2032, and by January 1 every 5 years thereafter, to report to the Legislature on expenditures, as provided. This bill would also require the department to provide a report to the budget committees of the Assembly and Senate no later than May 1, 2027, and biennially thereafter, that contains a 5-year spending plan detailing the engineering and capital improvements necessary to address state water conveyance systems impacted operationally by land subsidence, as provided. The bill would authorize the department to charge the state water supply contractors for the actual and reasonable cost of developing the plan.
This measure would acknowledge and celebrate 50 years of coastal protection and affirm the state's longstanding commitment to protecting its coastal waters, as specified.
(1) The California Coastal Act of 1976 requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit, as provided. The act requires each local government lying in whole or in part within the coastal zone to prepare a local coastal program for that portion of the coastal zone within its jurisdiction. The act requires a land use plan of a proposed local coastal program to be submitted to the California Coastal Commission for certification. The act authorizes the commission to extend, for a period not to exceed one year, certain time limitations relating to local coastal programs for good cause. This bill would authorize the commission to retroactively extend, for good cause and a period not to exceed 5 years, a time limitation established for a local government to act on the commission's suggested modifications to a land use plan amendment that would authorize approval of an affordable housing development, as specified. (2) Existing law establishes the Natural Resources Agency and vests the agency with jurisdiction over various public resources. Existing law establishes the California Environmental Protection Agency and sets out its mission for programs, policies, and standards. Under existing law, various state entities, including the California Coastal Commission, the California Environmental Protection Agency, and the Department of Fish and Wildlife have responsibilities with respect to coastal permitting and development. This bill would require the Secretary of the Natural Resources Agency, in consultation with the Secretary for Environmental Protection, to convene a Coastal Resilience Permitting Working Group for the purpose of developing a Coastal Resilience Permitting Roadmap for coastal resilience projects proposed in specified areas. The bill would require the Coastal Resilience Permitting Working Group to consist of representatives from federal, state, and local agencies, including, among others, the California Coastal Commission, the California Environmental Protection Agency, and the Department of Fish and Wildlife. The bill would, on or before July 1, 2028, require the Secretary of the Natural Resources Agency to submit the Coastal Resilience Permitting Roadmap to the Governor and the relevant fiscal and policy committees of the Legislature. The bill would require, on or before April 1, 2027, the Secretary of the Natural Resources Agency, in collaboration with the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, the Department of Fish and Wildlife, the State Water Resources Control Board, and representatives from the Regional Water Quality Control Boards to convene a Coastal Resilience Permit Advisory Group to support the deliberations of the Coastal Resilience Permitting Working Group.
Existing law establishes in the Natural Resources Agency the Sacramento-San Joaquin Delta Conservancy. Existing law requires the conservancy to act as a primary state agency to implement ecosystem restoration in the Delta and to support efforts that advance environmental protection and the economic well-being of Delta residents. Existing law specifies the composition of the governing board of the conservancy, including 11 voting members, and requires liaison advisers to serve in an advisory, nonvoting capacity. Existing law requires the conservancy to prepare and adopt a strategic plan to achieve the goals of the conservancy and requires the strategic plan to be consistent with certain plans. Existing law authorizes the conservancy to engage in partnerships with nonprofit organizations, local public agencies, and landowners, and authorizes the conservancy to provide grants and loans to state agencies, local public agencies, and nonprofit organizations to further the goals of the conservancy. Existing law establishes the Sacramento-San Joaquin Delta Conservancy Fund in the State Treasury. Existing law makes moneys in the fund available, upon appropriation by the Legislature, for purposes of these provisions. This bill would expand the area covered by the conservancy to include the Valley and Lake, as defined. The bill would rename the conservancy the Valley, Lake, and Delta Conservancy and make conforming changes. The bill would rename the Sacramento-San Joaquin Delta Conservancy Fund the Delta Conservancy Fund and create the Valley and Lake Conservancy Fund in the State Treasury, moneys in which would be available upon appropriation by the Legislature for purposes of the conservancy in the Valley and Lake. The bill would add to the governing board one additional voting member who is appointed by the Lake County Board of Supervisors and one who is a tribal representative appointed by the Governor, subject to confirmation by the Senate. By imposing additional requirements on the Lake County Board of Supervisors, the bill would impose a state-mandated local program. The bill would add one additional liaison adviser who is a designee of the Sierra Nevada Conservancy and one who is a designee of the California Central Valley Flood Control Association. The bill would also authorize the conservancy to engage in partnerships with, and to award grants and loans to, tribal organizations. The bill would establish the Valley and Lake Program, under the administration of the conservancy, to support efforts that advance the environmental protection and the economic well-being of Valley and Lake residents. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This measure would acknowledge and celebrate 50 years of coastal protection and affirm the state's longstanding commitment to protecting its coastal waters, as specified.
(1) Existing law declares that all water within the state is the property of the people of the state, but the right to the use of the water may be acquired by appropriation in the manner provided by law. Existing law requires the appropriation to be for some useful or beneficial purpose. Existing law provides, however, that the diversion of floodflows for groundwater recharge does not require an appropriative water right if certain conditions are met, including that a local or regional agency that has adopted a local plan of flood control or has considered flood risks as part of its most recently adopted general plan has given notice, as provided, of imminent risk of flooding and inundation of lands, roads, or structures. Existing law defines "floodflow" for these purposes to include circumstances in which flows would inundate ordinarily dry areas in the bed of a terminal lake to a depth that floods dairies and other ongoing agricultural activities, or areas with substantial residential, commercial, or industrial development. Existing law applies those requirements to diversions commenced before January 1, 2029. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing or disposing of certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources, except as specified. This bill would revise and recast those conditions required for the appropriative water right exemption for a diversion of floodflows for groundwater recharge, would apply the requirements to a diversion commenced before January 1, 2034, and would further exempt those diversions from the requirements of CEQA and requirements relating to lake or streambed alteration agreements, subject to conducting tribal consultation, as provided. The bill would expand the definition of "floodflow" to include flows downstream of a dam that is releasing water for flood control purposes, as provided. (2) Existing law requires the Department of Water Resources to operate the State Water Resources Development System, known as the State Water Project, to supply water to persons and entities in the state. Existing law designates as the Central Valley Project a system of works for the conservation, development, storage, distribution, and utilization of water, with incidental generation, transmission, and distribution of electric power. This bill would provide that the inclusion of certain proposed terms in an application to divert water within or upstream of the Sacramento-San Joaquin Delta to underground storage pursuant to certain permits, and its adoption in the applicable permit, would satisfy the State Water Resources Control Board's finding that water may be diverted and used without injury to the legal users of water from the Central Valley Project or the State Water Project, including the United States Bureau of Reclamation, the Department of Water Resources, or any contractors to the project. The bill would repeal these provisions on January 1, 2037. (3) Existing law requires the State Water Resources Control Board to consider and act upon all applications for permits to appropriate water, and requires the Division of Water Rights to conduct a field investigation of all minor protested applications, except under a specified circumstance. Existing law defines a "minor application" to include an application by a groundwater sustainability agency or local agency for a diversion previously authorized by a conditional temporary permit for diversion of surface water to underground storage, as specified, without complying with other procedures or provisions previously authorized by a temporary permit. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans, except as specified. Existing law requires a groundwater sustainability plan to be developed and implemented to meet the sustainability goal, established as prescribed. This bill would expand that definition of minor application to include an application by a private entity under a memorandum of understanding or other agreement with a groundwater sustainability agency for specific diversions. The bill would create an additional exception from the requirement to conduct a field investigation if the application involves a diversion substantially similar to a diversion previously authorized by temporary permits for at least 5 years, involves no greater amount of diversion and no other points of diversion than authorized in the last preceding temporary permits, and includes specified information based on the applicant's experience under prior temporary permits, including specified documentation and proposed terms. The bill would also require the board to give public notice of the minor application within 30 days of the application's filing, to allow 45 days from the date of the notice for the filing of comments, as provided, and to issue a decision within 180 days of the deadline for submitting comments on the application, as provided. The bill would require the board to approve the application if it determines by a preponderance of the evidence that the proposed diversion would not injure a legal user of water, as specified, and would not unreasonably affect fish, wildlife, or other instream beneficial uses. The bill would exempt the permit issued by the board pursuant to these provisions from CEQA, except as specified, and requirements relating to lake or streambed alteration agreements, subject to specified conditions. The bill would make inoperative or repeal these provisions on January 1, 2037. The bill would require the board to, on or before January 1, 2035, compile information on the permits issued and diversions conducted pursuant to these provisions, and post the information on its internet website. Existing law authorizes any person who has an urgent need to divert and use water to apply for, and authorizes the board to issue, a conditional, temporary permit, as prescribed. Existing law defines "urgent need" for these purposes. This bill would expand the definition of "urgent need" to include, in a basin for which the Sustainable Groundwater Management Act requires a groundwater sustainability plan, the application of a local agency, groundwater sustainability agency, or private entity operating under a memorandum of understanding or other agreement with a groundwater sustainability agency, to divert and use water determined to be available using specified criteria, as provided, to augment the basin's recharge in order to support implementation of the sustainability goal in that basin. The bill would exempt the board's issuance of a temporary permit from CEQA and requirements relating to lake or streambed alteration agreements, subject to specified conditions. The bill would repeal these provisions on January 1, 2037. The bill would require the board to, on or before January 1, 2035, compile information on the permits issued and diversions conducted pursuant to a temporary permit and post the information on its internet website. (4) Existing law requires the state water board to appoint a deputy director for the Division of Water Rights. This bill would, for applications submitted before January 1, 2037, authorize a certain temporary permit to authorize the diversion to be initiated more than 180 days after date of issuance, except that authorization to divert would automatically expire 5 years after diversions commence, as provided. The bill would authorize the Chief Deputy Director of Water Rights to limit diversion under those temporary permits in favor of competing temporary permits based on, among other things, consideration of public interest, as provided. (5) Existing law requires each person or entity who holds a permit or license to appropriate water, and each lessor of water, as provided, to pay an annual fee according to a fee schedule established by the board, as specified. This bill would require the board, in setting fees for minor applications and for temporary urgency permits, to set those fees at a level that encourages those applications. The bill would prohibit the board from requiring a separate application or fee for consumptive and nonconsumptive uses of diverted water. The bill would make inoperative or repeal these provisions on January 1, 2037.
Existing law establishes the Department of Fish and Wildlife and sets forth the duties of that department, which include administering various programs for the protection and conservation of fish and wildlife. Existing law authorizes the department to take feasible actions to conserve monarch butterflies and the unique habitats they depend upon for successful migration. Existing law, the California Coastal Act of 1976, among other things, establishes the California Coastal Commission and provides for planning and regulation of development in the coastal zone, as defined. This bill would require, on or before July 1, 2028, the department, in coordination with the commission, to identify known monarch butterfly overwintering habitat sites in the coastal zone and current local government monarch butterfly overwintering habitat management plans or policies. The bill would also require, on or before July 1, 2029, the department, in coordination with the commission, to develop and provide guidance on model policies to be used by a local government for the protection of monarch butterfly overwintering habitat, including habitat restoration and enhancement. The bill would require, after the above-described guidance on model policies is finalized, a local government with a monarch butterfly overwintering habitat site located within its jurisdiction and the coastal zone, as described, to, on or before July 1, 2031, develop and implement enforceable monarch butterfly overwintering habitat site protection policies, as provided. By imposing additional duties on a local government, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
