CCLME.ORG - THE CALIFORNIA COASTAL ACT OF 1976

(continued)
Water Resources Control Board and where adequate provision is made
for the elimination of petroleum odors and water quality problems.
(7) (A) All oil produced offshore California shall be transported
onshore by pipeline only. The pipelines used to transport this oil
shall utilize the best achievable technology to ensure maximum
protection of public health and safety and of the integrity and
productivity of terrestrial and marine ecosystems.
(B) Once oil produced offshore California is onshore, it shall be
transported to processing and refining facilities by pipeline.
(C) The following guidelines shall be used when applying
subparagraphs (A) and (B):
(i) "Best achievable technology," means the technology that
provides the greatest degree of protection taking into consideration
both of the following:
(I) Processes that are being developed, or could feasibly be
developed, anywhere in the world, given overall reasonable
expenditures on research and development.
(II) Processes that are currently in use anywhere in the world.
This clause is not intended to create any conflicting or duplicative
regulation of pipelines, including those governing the transportation
of oil produced from onshore reserves.
(ii) "Oil" refers to crude oil before it is refined into products,
including gasoline, bunker fuel, lubricants, and asphalt. Crude oil
that is upgraded in quality through residue reduction or other means
shall be transported as provided in subparagraphs (A) and (B).
(iii) Subparagraphs (A) and (B) shall apply only to new or
expanded oil extraction operations. "New extraction operations"
means production of offshore oil from leases that did not exist or
had never produced oil, as of January 1, 2003, or from platforms,
drilling island, subsea completions, or onshore drilling sites, that
did not exist as of January 1, 2003. "Expanded oil extraction" means
an increase in the geographic extent of existing leases or units,
including lease boundary adjustments, or an increase in the number of
well heads, on or after January 1, 2003.
(iv) For new or expanded oil extraction operations subject to
clause (iii), if the crude oil is so highly viscous that pipelining
is determined to be an infeasible mode of transportation, or where
there is no feasible access to a pipeline, shipment of crude oil may
be permitted over land by other modes of transportation, including
trains or trucks, which meet all applicable rules and regulations,
excluding any waterborne mode of transport.
(8) If a state of emergency is declared by the Governor for an
emergency that disrupts the transportation of oil by pipeline, oil
may be transported by a waterborne vessel, if authorized by permit,
in the same manner as required by emergency permits that are issued
pursuant to Section 30624.
(9) In addition to all other measures that will maximize the
protection of marine habitat and environmental quality, when an
offshore well is abandoned, the best achievable technology shall be
used.
(b) Where appropriate, monitoring programs to record land surface
and near-shore ocean floor movements shall be initiated in locations
of new large-scale fluid extraction on land or near shore before
operations begin and shall continue until surface conditions have
stabilized. Costs of monitoring and mitigation programs shall be
borne by liquid and gas extraction operators.
(c) Nothing in this section shall affect the activities of any
state agency that is responsible for regulating the extraction,
production, or transport of oil and gas.

30263. (a) New or expanded refineries or petrochemical facilities
not otherwise consistent with the provisions of this division shall
be permitted if (1) alternative locations are not feasible or are
more environmentally damaging; (2) adverse environmental effects are
mitigated to the maximum extent feasible; (3) it is found that not
permitting such development would adversely affect the public
welfare; (4) the facility is not located in a highly scenic or
seismically hazardous area, on any of the Channel Islands, or within
or contiguous to environmentally sensitive areas; and (5) the
facility is sited so as to provide a sufficient buffer area to
minimize adverse impacts on surrounding property.
(b) New or expanded refineries or petrochemical facilities shall
minimize the need for once-through cooling by using air cooling to
the maximum extent feasible and by using treated waste waters from
inplant processes where feasible.

30264. Notwithstanding any other provision of this division except
subdivisions (b) and (c) of Section 30413, new or expanded thermal
electric generating plants may be constructed in the coastal zone if
the proposed coastal site has been determined by the State Energy
Resources Conservation and Development Commission to have greater
relative merit pursuant to the provisions of Section 25516.1 than
available alternative sites and related facilities for an applicant's
service area which have been determined to be acceptable pursuant to
the provisions of Section 25516.

30265. The Legislature finds and declares all of the following:
(a) Offshore oil production will increase dramatically in the next
10 years from the current 80,000 barrels per day to over 400,000
barrels per day.
(b) Transportation studies have concluded that pipeline transport
of oil is generally both economically feasible and environmentally
preferable to other forms of crude oil transport.
(c) Oil companies have proposed to build a pipeline to transport
offshore crude oil from central California to southern California
refineries, and to transport offshore oil to out-of-state refiners.
(d) California refineries would need to be retrofitted if
California offshore crude oil were to be used directly as a major
feedstock. Refinery modifications may delay achievement of air
quality goals in the southern California air basin and other regions
of the state.
(e) The County of Santa Barbara has issued an Oil Transportation
Plan which assesses the environmental and economic differences among
various methods for transporting crude oil from offshore California
to refineries.
(f) The Governor should help coordinate decisions concerning the
transport and refining of offshore oil in a manner which considers
state and local studies undertaken to date, which fully addresses the
concerns of all affected regions, and which promotes the greatest
benefits to the people of the state.

30265.5. (a) The Governor, or the Governor's designee, shall
coordinate activities concerning the transport and refining of
offshore oil. Coordination efforts shall consider public health
risks, the ability to achieve short- and long-term air emission
reduction goals, the potential for reducing California's
vulnerability and dependence on oil imports, economic development and
jobs, and other factors deemed important by the Governor, or the
Governor's designee.
(b) The Governor, or the Governor's designee, shall work with
state and local agencies, and the public, to facilitate the transport
and refining of offshore oil in a manner which will promote the
greatest public health and environmental and economic benefits to the
people of the state.
(c) The Governor, or the Governor's designee, shall consult with
any individual or organization having knowledge in this area,
including, but not limited to, representatives from the following:
(1) State Energy Resources Conservation and Development
Commission.
(2) State Air Resources Board.
(3) California Coastal Commission.
(4) Department of Fish and Game.
(5) State Lands Commission.
(6) Public Utilities Commission.
(7) Santa Barbara County.
(8) Santa Barbara County Air Pollution Control District.
(9) Southern California Association of Governments.
(10) South Coast Air Quality Management District.
(11) Oil industry.
(12) Public interest groups.
(13) United States Department of the Interior.
(14) United States Department of Energy.
(15) United States Environmental Protection Agency.
(16) National Oceanic and Atmospheric Administration.
(17) United States Coast Guard.
(d) This act is not intended, and shall not be construed, to
decrease, duplicate, or supersede the jurisdiction, authority, or
responsibilities of any local government, or any state agency or
commission, to discharge its responsibilities concerning the
transportation and refining of oil.

30300. There is in the Resources Agency the California Coastal
Commission.

30301. The commission shall consist of the following 15 members:
(a) The Secretary of the Resources Agency.
(b) The Secretary of Business, Transportation and Housing.
(c) The Chairperson of the State Lands Commission.
(d) Six representatives of the public from the state at large.
The Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall each appoint two of these members.
(e) Six representatives selected from six coastal regions. The
Governor shall select one member from the north coast region and one
member from the south central coast region. The Speaker of the
Assembly shall select one member from the central coast region and
one member from the San Diego coast region. The Senate Committee on
Rules shall select one member from the north central coast region and
one member from the south coast region. For purposes of this
division, these regions are defined as follows:
(1) The north coast region consists of the Counties of Del Norte,
Humboldt, and Mendocino.
(2) The north central coast region consists of the Counties of
Sonoma and Marin and the City and County of San Francisco.
(3) The central coast region consists of the Counties of San
Mateo, Santa Cruz, and Monterey.
(4) The south central coast region consists of the Counties of San
Luis Obispo, Santa Barbara, and Ventura.
(5) The south coast region consists of the Counties of Los Angeles
and Orange.
(6) The San Diego coast region consists of the County of San
Diego.

30301.2. (a) The appointments of the Governor, the Senate Committee
on Rules, and the Speaker of the Assembly, pursuant to subdivision
(e) of Section 30301, shall be made as prescribed in this section.
Within 45 days from the date of receipt of a request for nominations
by the appointing authority, the board of supervisors and city
selection committee of each county within the region shall nominate
supervisors or city council members who reside in the region from
which the Governor, the Senate Committee on Rules, or the Speaker of
the Assembly shall appoint a replacement. In regions composed of
three counties, the board of supervisors and the city selection
committee in each county within the region shall each nominate one or
more supervisors and one or more city council members. In regions
composed of two counties, the board of supervisors and the city
selection committee in each county within the region shall each
nominate not less than two supervisors and not less than two city
council members. In regions composed of one county, the board of
supervisors and the city selection committee in the county shall each
nominate not less than three supervisors and not less than three
city council members. Immediately upon selecting the nominees, the
board of supervisors and the city selection committee shall send the
names of the nominees to either the Governor, the Senate Committee on
Rules, or the Speaker of the Assembly, whoever will appoint the
replacement.
(b) Within 30 days from the date of receipt of the names of the
nominees pursuant to subdivision (a), the Governor, the Speaker of
the Assembly, or the Senate Committee on Rules, whoever will appoint
the replacement, shall either appoint one of the nominees or notify
the boards of supervisors and city selection committees within the
region that none of the nominees are acceptable and request the
boards of supervisors and city selection committees to make
additional nominations. Within 45 days from the date of receipt of
a notice rejecting all of the nominees, the boards of supervisors and
city selection committees within the region shall nominate and send
to the appointing authority the names of additional nominees in
accordance with subdivision (a). Upon receipt of the names of those
additional nominees, the appointing authority shall appoint one of
the nominees.

30301.5. A member of the commission serving pursuant to subdivision
(a), (b), or (c) of Section 30301 shall be a nonvoting member and
may appoint a designee to serve at his or her pleasure who shall have
all the powers and duties of the member pursuant to this division.

30304. Any member of the commission may, subject to the
confirmation of his or her appointing power, appoint an alternate
member to represent him or her at any commission meeting. An
alternate may serve prior to confirmation for a period not to exceed
90 days from the date of appointment unless and until confirmation is
specifically refused. The alternate shall serve at the pleasure of
the member who appointed him or her and shall have all the powers and
duties as a member of the commission, except that the alternate
shall only participate and vote in meetings in the absence of the
member who appointed him or her.
All provisions of law relating to conflicts of interest that are
applicable to a member shall apply to an alternate member. Whenever
a member has, or is known to have, a conflict of interest on any
matter, the member's alternate is not eligible to vote on that
matter.

30305. Except as otherwise provided in this division, the
commission shall succeed to any and all obligations, powers, duties,
responsibilities, benefits, or legal interests of regional coastal
commissions which existed prior to July 1, 1981.

30310. In making their appointments pursuant to this division, the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall make good faith efforts to assure that their
appointments, as a whole, reflect, to the greatest extent feasible,
the economic, social, and geographic diversity of the state.

30310.5. No provision of this division or any other law, including
any doctrine of common law, shall preclude or prevent the
appointment, as a public member, to the commission of any person who
is not a locally elected official.

30312. The term of office of commission members shall be as
follows:
(a) (1) A person appointed by the Governor and qualified for
membership because he or she holds a specified office as a locally
elected official shall serve at the pleasure of the Governor.
However, the membership shall cease 60 days after his or her term of
office as a locally elected official ceases, or when a person has
been appointed to fill that position by the Governor, if that occurs
sooner.
(2) A person appointed by the Senate Committee on Rules or by the
Speaker of the Assembly and qualified for membership because he or
she holds a specified office as a locally elected official shall
serve a term of four years. However, the membership shall cease 60
days after his or her term of office as a locally elected official
ceases, if that occurs sooner.
(b) (1) A member appointed by the Governor shall serve for two
years at the pleasure of the Governor, and may be reappointed for
succeeding two-year periods, provided that the member may continue to
serve beyond the two-year term until the Governor has acted and the
appointee is authorized to sit and serve on the commission.
(2) A member appointed by the Senate Committee on Rules or the
Speaker of the Assembly shall serve for four years, and may be
reappointed for succeeding four-year periods, provided that the
member may continue to serve beyond the four-year term until his or
her appointing authority has acted and the appointee is authorized to
sit and serve on the commission. If the Senate Committee on Rules
or the Speaker of the Assembly has not acted within 60 days after the
expiration of a member's term, the position shall become vacant
until a person is appointed to a four-year term, calculated from the
expiration date of the preceding term.
(c) If a vacancy occurs prior to the expiration of the term for
the vacated seat, the appointing authority shall appoint a member for
the remainder of the unexpired term pursuant to this chapter.
(d) On the effective date of the act adding this subdivision, the
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint two members to serve two-year terms and two members to serve
four-year terms. All subsequent terms shall be for four years.

30313. (a) Vacancies that occur shall be filled within 30 days
after the occurrence of the vacancy, and shall be filled in the same
manner in which the vacating member was selected or appointed.
(b) The executive director of the commission shall notify the
appropriate appointing authority of any expected vacancies on the
commission. If the expected vacancy is a person qualified for
membership because he or she holds a specified office as a locally
elected official, whose term of office as a locally elected official
is expected to expire or has expired, then the appointing authority
shall notify the boards of supervisors and city selection committees
of each county within the affected region of the expected vacancy.

30314. Except as provided in this section, members or alternates of
the commission shall serve without compensation but shall be
reimbursed for actual and necessary expenses incurred in the
performance of their duties to the extent that reimbursement for
those expenses is not otherwise provided or payable by another public
agency or agencies, and shall receive fifty dollars ($50) for each
full day of attending meetings of the commission. In addition,
members or alternates of the commission shall receive twelve dollars
and fifty cents ($12.50) for each hour actually spent in preparation
for a commission meeting; provided, however, that for each meeting no
more than eight hours of preparation time shall be compensated as
provided herein.
An alternate shall be entitled to payment and reimbursement for
the necessary expenses incurred in participating in commission
meetings; provided, however, that only the member or his or her
alternate shall receive that payment and reimbursement, and if both
the member and alternate prepare for, attend, and participate in any
portion of a commission meeting, only the alternate shall be entitled
to that payment and reimbursement.
For the purposes of this section, "full day of attending a meeting"
means presence at, and participation in, not less than 60 percent of
the total meeting time of the commission during any particular
24-hour period.

30315. The commission shall meet at least once a month at a place
convenient to the public. All meetings of the commission shall be
open to the public.
A majority of the total appointed membership of the commission
shall constitute a quorum. Any action taken by the commission under
this division requires a majority vote of the members present at the
meeting of the commission, with a quorum being present, unless
otherwise specifically provided for in this division.

30315.1. Adoption of findings for any action taken by the
commission requires a majority vote of the members from the
prevailing side present at the meeting of the commission, with a
least three of the prevailing members present and voting.

30316. The commission shall elect a chairperson and vice
chairperson from among its members.

30317. The headquarters of the commission shall be in a coastal
county, but it may meet and may exercise any or all of its powers in
any part of the state. The commission may maintain regional offices,
if it finds that accessibility to, and participation by, the public
will be better served or that the provisions of this division can be
implemented more efficiently through the maintenance of those
offices.

30318. Nothing in this division shall preclude or prevent any
member or employee of the commission who is also an employee of
another public agency, a county supervisor or city councilperson,
member of the Association of Bay Area Governments, member of the
Association of Monterey Bay Area Governments, delegate to the
Southern California Association of Governments, or member of the San
Diego Comprehensive Planning Organization, and who has in that
designated capacity voted or acted upon a particular matter, from
voting or otherwise acting upon that matter as a member or employee
of the commission. Nothing in this section shall exempt any such
member or employee of the commission from any other provision of this
article.

30319. Any person who applies to the commission for approval of a
development permit shall provide the commission with the names and
addresses of all persons who, for compensation, will be communicating
with the commission or commission staff on the applicant's behalf or
on behalf of the applicant's business partners. That disclosure
shall be provided to the commission prior to any such communication.
Failure to comply with that disclosure requirement is a misdemeanor
and, upon conviction, the person shall be punished by a fine of five
thousand dollars ($5,000) or imprisonment in the county jail not
exceeding six months, and, in addition, shall be subject to immediate
denial of the permit.

30319.5. An applicant whose permit is denied due to his or her
failure to comply with Section 30319 may not apply to the commission
for approval of an identical or similar project for two years from
the date of the permit denial.

30320. (a) The people of California find and declare that the
duties, responsibilities, and quasi-judicial actions of the
commission are sensitive and extremely important for the well-being
of current and future generations and that the public interest and
principles of fundamental fairness and due process of law require
that the commission conduct its affairs in an open, objective, and
impartial manner free of undue influence and the abuse of power and
authority. It is further found that, to be effective, California's
coastal protection program requires public awareness, understanding,
support, participation, and confidence in the commission and its
practices and procedures. Accordingly, this article is necessary to
preserve the public's welfare and the integrity of, and to maintain
the public's trust in, the commission and the implementation of this
division.
(b) The people of California further find that in a democracy, due
process, fairness, and the responsible exercise of authority are all
essential elements of good government which require that the public'
s business be conducted in public meetings, with limited exceptions
for sensitive personnel matters and litigation, and on the official
record. Reasonable restrictions are necessary and proper to prevent
future abuses and misuse of governmental power so long as all members
of the public are given adequate opportunities to present their
views and opinions to the commission through written or oral
communications on the official record either before or during the
public hearing on any matter before the commission.

30321. For purposes of this article, "a matter within the
commission's jurisdiction" means any permit action, federal
consistency review, appeal, local coastal program, port master plan,
public works plan, long-range development plan, categorical or other
exclusions from coastal development permit requirements, or any other
quasi-judicial matter requiring commission action, for which an
application has been submitted to the commission.

30322. (a) For purposes of this article, except as provided in
subdivision (b), an "ex parte communication" is any oral or written
communication between a member of the commission and an interested
person, about a matter within the commission's jurisdiction, which
does not occur in a public hearing, workshop, or other official
proceeding, or on the official record of the proceeding on the
matter.
(b) The following communications are not ex parte communications:

(1) Any communication between a staff member acting in his or her
official capacity and any commission member or interested person.
(2) Any communication limited entirely to procedural issues,
including, but not limited to, the hearing schedule, location,
format, or filing date.
(3) Any communication which takes place on the record during an
official proceeding of a state, regional, or local agency that
involves a member of the commission who also serves as an official of
that agency.
(4) Any communication between a member of the commission, with
regard to any action of another state agency or of a regional or
local agency of which the member is an official, and any other
official or employee of that agency, including any person who is
acting as an attorney for the agency.
(5) Any communication between a nonvoting commission member and a
staff member of a state agency where both the commission member and
the staff member are acting in an official capacity.
(6) Any communication to a nonvoting commission member relating to
an action pending before the commission, where the nonvoting
commission member does not participate in that action, either through
written or verbal communication, on or off the record, with other
members of the commission.

30323. For purposes of this article, an "interested person" is any
of the following:
(a) Any applicant, an agent or an employee of the applicant, or a
person receiving consideration for representing the applicant, or a
participant in the proceeding on any matter before the commission.
(b) Any person with a financial interest, as described in Article
1 (commencing with Section 87100) of Chapter 7 of Title 9 of the
Government Code, in a matter before the commission, or an agent or
employee of the person with a financial interest, or a person
receiving consideration for representing the person with a financial
interest.
(c) A representative acting on behalf of any civic, environmental,
neighborhood, business, labor, trade, or similar organization who
intends to influence the decision of a commission member on a matter
before the commission.

30324. (a) No commission member, nor any interested person, shall
conduct an ex parte communication unless the commission member fully
discloses and makes public the ex parte communication by providing a
full report of the communication to the executive director within
seven days after the communication or, if the communication occurs
within seven days of the next commission hearing, to the commission
on the record of the proceeding at that hearing.
(b) (1) The commission shall adopt standard disclosure forms for
reporting ex parte communications which shall include, but not be
limited to, all of the following information:
(A) The date, time, and location of the communication.
(B) The identity of the person or persons initiating and the
person or persons receiving the communication.
(C) A complete description of the content of the communication,
including the complete text of any written material that was a part
of the communication.
(2) The executive director shall place in the public record any
report of an ex parte communication.
(c) Communications shall cease to be ex parte communications when
fully disclosed and placed in the commission's official record.

30325. Nothing in this article prohibits any person or any
interested person from testifying at a commission hearing, workshop,
or other official proceeding, or from submitting written comments for
the record on a matter before the commission. Written comments
shall be submitted by mail or delivered to a commission office, or
may be delivered to the commission at the time and place of a
scheduled hearing.

30326. Any person, including a commission member, may request the
commission staff to conduct a workshop on any matter before the
commission or on any subject that could be useful to the commission.
When the executive director determines that a request is appropriate
and feasible, a workshop shall be scheduled at an appropriate time
and location.

30327. (a) No commission member or alternate shall make,
participate in making, or any other way attempt to use his or her
official position to influence a commission decision about which the
member or alternate has knowingly had an ex parte communication that
has not been reported pursuant to Section 30324.
(b) In addition to any other applicable penalty, including a civil
fine imposed pursuant to Section 30824, a commission member who
knowingly violates this section shall be subject to a civil fine, not
to exceed seven thousand five hundred dollars ($7,500).
Notwithstanding any law to the contrary, the court may award
attorneys' fees and costs to the prevailing party.

30328. If a violation of this article occurs and a commission
decision may have been affected by the violation, an aggrieved
person, as described in Section 30801, may seek a writ of mandate
from a court requiring the commission to revoke its action and rehear
the matter.

30329. Notwithstanding Section 11425.10 of the Government Code, the
ex parte communications provisions of the Administrative Procedure
Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code) do not apply
to proceedings of the California Coastal Commission under this
division.

30330. The commission, unless specifically otherwise provided,
shall have the primary responsibility for the implementation of the
provisions of this division and is designated as the state coastal
zone planning and management agency for any and all purposes, and may
exercise any and all powers set forth in the Federal Coastal Zone
Management Act of 1972 (16 U.S.C. 1451, et seq.) or any amendment
thereto or any other federal act heretofore or hereafter enacted that
relates to the planning or management of the coastal zone.
In addition to any other authority, the commission may, except for
a facility defined in Section 25110, grant or issue any certificate
or statement required pursuant to any such federal law that an
activity of any person, including any local, state, or federal
agency, is in conformity with the provisions of this division. With
respect to any project outside the coastal zone that may have a
substantial effect on the resources within the jurisdiction of the
San Francisco Bay Conservation and Development Commission,
established pursuant to Title 7.2 (commencing with Section 66600) of
the Government Code, and for which any certification is required
pursuant to the Federal Coastal Zone Management Act of 1972 (16
U.S.C. 1451, et seq.), such certification shall be issued by the Bay
Conservation and Development Commission; provided however, the
commission may review and submit comments for any such project which
affects resources within the coastal zone.

30331. The commission is designated the successor in interest to
all remaining obligations, powers, duties, responsibilities,
benefits, and interests of any sort of the California Coastal Zone
Conservation Commission and of the six regional coastal zone
conservation commissions established by the California Coastal Zone
Conservation Act of 1972 (commencing with Section 27000).

30333. Except as provided in Section 18930 of the Health and Safety
Code, the commission may adopt or amend, by vote of a majority of
the appointed membership thereof, rules and regulations to carry out
the purposes and provisions of this division, and to govern
procedures of the commission.
Except as provided in Section 18930 of the Health and Safety Code
and paragraph (3) of subdivision (a) of Section 30620, these rules
and regulations shall be adopted in accordance with the provisions of
Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3
of Title 2 of the Government Code. These rules and regulations shall
be consistent with this division and other applicable law.

30333.1. (a) The commission shall, within six months of the
effective date of this section, review its regulations and procedures
and determine what revisions, if any, are necessary and appropriate
to simplify and expedite the review of any matter that is before the
commission for action pursuant to this division. The commission
shall, within 60 days thereafter, implement any such revisions it
determines to be appropriate, including, but not limited to, a
simplified application form for development pursuant to which a
permit could be issued pursuant to Section 30624 and procedures that
allow reasonable rebuttal time prior to the final vote for both
applicants and appellants, if either so requests, in permit matters
where new factual material is brought up and where equity would not
be served unless such person is provided that rebuttal opportunity.
(b) After the initial review required by this section has been
completed, the commission shall thereafter periodically conduct
similar reviews so that its regulations and procedures may continue
to be as simple and expeditious as practicable.

30333.2. Notwithstanding any other provision of this code or of law
and except as provided in the State Building Standards Law, Part 2.5
(commencing with Section 18900) of Division 13 of the Health and
Safety Code, on and after January 1, 1980, the commission shall not
adopt nor publish a building standard as defined in Section 18909 of
the Health and Safety Code unless the provisions of Sections 18930,
18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety
Code are expressly excepted in the statute under which the authority
to adopt rules, regulations, or orders is delegated. Any building
standard adopted in violation of this section shall have no force or
effect. Any building standard adopted before January 1, 1980,
pursuant to this code and not expressly excepted by statute from
those provisions of the State Building Standards Law shall remain in
effect only until January 1, 1985, or until adopted, amended, or
superseded by provisions published in the State Building Standards
Code, whichever occurs sooner. Any building standard expressly
required by a provision of federal law specifically requiring that
building standard shall be adopted and published in the State
Building Standards Code within the time required by federal law.

30334. The commission may do the following:
(a) Contract for any private professional or governmental
services, if the work or services cannot be satisfactorily performed
by its employees.
(b) Sue and be sued. The Attorney General shall represent the
commission in any litigation or proceeding before any court, board,
or agency of the state or federal government.

30334.5. In addition to the authority granted by Section 30334, the
commission may apply for and accept grants, appropriations, and
contributions in any form.

30335. The commission shall appoint an executive director who shall
be exempt from civil service and shall serve at the pleasure of his
or her appointing power. The commission shall prescribe the duties
and salaries of the executive director, and, consistent with
applicable civil service laws, shall appoint and discharge any
officer, house staff counsel, or employee of the commission as it
deems necessary to carry out the provisions of this division.

30335.1. The commission shall provide for appropriate employees on
the staff of the commission to assist applicants and other interested
parties in connection with matters which are before the commission
for action. The assistance rendered by those employees shall be
limited to matters of procedure and shall not extend to advice on
substantive issues arising out of the provisions of this division,
such as advice on the manner in which a proposed development might be
made consistent with the policies specified in Chapter 3 (commencing
with Section 30200).

30335.5. (a) The commission shall, if it determines that it has
sufficient resources, establish one or more scientific panels to
review technical documents and reports and to give advice and make
recommendations to the commission prior to making decisions requiring
scientific expertise and analysis not available to the commission
through its staff resources. It is the intent of the Legislature
that the commission base any such technical decisions on scientific
expertise and advice. The panel or panels may be composed of, but
not limited to, persons with expertise and training in marine
biology, fisheries, geology, coastal geomorphology, geographic
information systems, water quality, hydrology, ocean and coastal
engineering, economics, and social sciences.
(b) Members of a panel, while performing duties required by this
division or by the commission, shall be entitled to the same rights
and immunities granted public employees by Article 3 (commencing with
Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of
the Government Code. Those rights and immunities shall attach to the
member as of the date of appointment of the person to the panel.
(c) The commission is encouraged to seek funding from any
appropriate public or private source, and may apply for and expend
any grant or endowment funds, for the purposes of this section. Any
funding made available to the commission for these purposes shall be
reported to the fiscal committee of each house of the Legislature at
the time the commission's budget is being formally reviewed.
(d) The commission is encouraged to utilize innovative techniques
to increase effective communication between the commission and the
scientific community, including the use of existing grant programs
and volunteers, in order to improve and strengthen the technical
basis of its planning and regulatory decisions.

30336. The commission shall, to the maximum extent feasible, assist
local governments in exercising the planning and regulatory powers
and responsibilities provided for by this division where the local
government elects to exercise those powers and responsibilities and
requests assistance from the commission, and shall cooperate with and
assist other public agencies in carrying out this division.
Similarly, every public agency, including regional and state agencies
and local governments, shall cooperate with the commission and
shall, to the extent their resources permit, provide any advice,
assistance, or information the commission may require to perform its
duties and to more effectively exercise its authority.

30337. The commission shall, where feasible, and in cooperation
with the affected agency, establish a joint development permit
application system and public hearing procedures with permit issuing
agencies.

30338. By May 1, 1977, the commission, after full consultation with
the State Water Resources Control Board, shall adopt regulations for
the timing of its review of proposed treatment works pursuant to the
provisions of subdivision (c) of Section 30412.

30339. The commission shall:
(a) Ensure full and adequate participation by all interested
groups and the public at large in the commission's work program.
(b) Ensure that timely and complete notice of commission meetings
and public hearings is disseminated to all interested groups and the
public at large.
(c) Advise all interested groups and the public at large as to
effective ways of participating in commission proceedings.
(d) Recommend to any local government preparing or implementing a
local coastal program and to any state agency that is carrying out
duties or responsibilities pursuant to this division, additional
measures to assure open consideration and more effective public
participation in its programs or activities.

30340. The commission shall manage and budget any funds that may be
appropriated, allocated, granted, or in any other way made available
to the commission for expenditure.

30340.5. (a) It is the policy of the state that no less than 50
percent of funds received by the state from the federal government
pursuant to the Federal Coastal Zone Management Act of 1972 (16
U.S.C. Section 1451, et seq.), shall be used for the preparation,
review, approval, certification, and implementation of local coastal
programs.
(b) Any local government subject to this division may claim
reimbursement of costs incurred as a direct result of the operation
of or any requirement promulgated pursuant to this division.
Notwithstanding any other provision of law, claims for reimbursement
of mandated costs directly attributable to the operation of this
division shall only be submitted, reviewed, and approved in the
manner set forth in this section.
(c) Claims pursuant to this section shall be submitted to the
executive director of the commission no later than September 30. The
executive director shall review the claims in accordance with the
provisions of this section and shall submit all the claims to the
Controller within 60 days after receipt of a claim but in no event
later than November 30.
(d) All claims submitted pursuant to this section shall be filed
on forms approved and prepared by the commission in consultation with
the Controller. The forms shall specify the information needed to
enable the executive director of the commission and the Controller to
make the determinations required by subdivision (e). The forms
shall clearly set forth information requirements for the evaluation
of the following categories of costs:
(1) Costs for work relating to the preparation, review, and
approval of local coastal programs or any portion thereof.
(2) Costs for work which is not covered by paragraph (1).
The claim forms required by this section shall provide for claims
of actual costs incurred during the fiscal year preceding submittal
and for the costs the claimant local government estimates will be
incurred during the then current fiscal year.
(e) The executive director shall review and evaluate each claim
submitted pursuant to this section and shall determine whether:
(1) The costs claimed are not paid for or reimbursed from any
other source of state or federal funding.
(2) The costs are for work which is the direct result of and is
mandated by the operation of this division or by the commission or
whether the work is optional.
(3) With respect to costs specified in paragraph (1) of
subdivision (d), the work done or to be done is reasonable and
necessary for the preparation and approval of a local coastal program
pursuant to a local coastal program work program approved by the
commission, or for work which is not part of an approved work program
if the work can be shown to be necessary for the completion of a
certifiable local coastal program or if new information or other
circumstances cause the commission to require that the work be
carried out.
(f) The executive director of the commission shall submit to the
Controller, on behalf of each claimant local government, all claims
submitted pursuant to this section together with his or her
recommendation whether the Controller should allow or deny, in whole
or in part, the claim. The executive director's recommendation shall
be based on his or her determinations made pursuant to subdivision
(e). If the executive director fails to make a recommendation by the
time claims are required to be submitted to the Controller as
provided in subdivision (c), the executive director is deemed to have
recommended approval of the claim.
(g) Section 2231 of the Revenue and Taxation Code shall apply to
claims filed pursuant to this section. However, where a conflict
between Section 2231 of the Revenue and Taxation Code and this
section occurs, the conflict shall be resolved in a manner that best
carries out the purposes of this section. The Controller shall apply
the criteria of subdivision (e) in determining whether to allow or
deny, in whole or in part, any claim and shall consider the
recommendations of the executive director of the commission.

30340.6. (a) It is the intent of the Legislature that all costs
mandated by the operation of this division be paid either with state
or federal funds or both. The Legislature hereby declares that
Section 30340.5 is designed to ensure that local governments are paid
for legitimate claims for costs mandated by this division or the
commission, costs for work which is not optional, and costs which are
not otherwise reimbursed.
(b) In the event a claimed mandated cost has been approved by the
Controller pursuant to Section 30340.5 and the Legislature fails to
appropriate the funds to pay such claims by special legislation or in
the annual state budget for the fiscal year following approval of
such claims by the Controller, except the date specified in Section
30518, any dates specified in this division or by order of the
commission for the submission of a local coastal program or any
portion thereof or for the performance of any task or duty by a
claimant local government whose approved claim has not been paid
shall, at the request of such claimant local government, be postponed
by the number of years elapsing between such specified date and the
year in which the funds to pay the approved claim are provided.
(c) The provisions of subdivision (b) shall not apply to any local
government if the Legislature determines that such local government'
s claim should not be paid because such claim is not of the type
intended to be subject to reimbursement pursuant to Section 30340.5.

30341. The commission may prepare and adopt any additional plans
and maps and undertake any studies it determines to be necessary and
appropriate to better accomplish the purposes, goals, and policies of
this division; provided, however, that the plans and maps shall
only be adopted after public hearing.

30342. The commission shall evaluate progress being made toward
implementation of the provisions of this division and shall submit a
report to the Governor and Legislature on January 1st of every other
year, commencing on January 1, 1979.

30343. (a) The Legislature finds that scientific studies and
technical data relevant to resources located within the coastal zone
and the Outer Continental Shelf are often fragmented, uncoordinated,
and stored in widely dispersed places. The Legislature hereby finds
and declares that in order to provide state and local government
agencies with integrated, coordinated studies and data widely needed
to carry out consistency review in regard to the federal Outer
Continental Shelf oil leasing policies and programs and for local
governments to implement their local coastal programs, it is
necessary to provide a central storage and clearinghouse facility.
(b) The commission shall, not later than July 1, 1984, establish a
coastal resource information center. The center shall develop a
pilot program that will do the following:
(1) Store existing studies and data pertaining to marine,
estuarine, and terrestrial environments.
(2) Integrate and coordinate the material to provide a referral
service for ongoing studies and a data base for policy decisions.
(3) Carry out those functions through the use of an automated data
storage and retrieval system, tying in with existing compatible
systems.
(c) The center shall produce reports free of charge, where
feasible, and where it is not feasible, at a reasonable cost, to any
governmental agency, and at a reasonable cost to members of the
private sector, in order to further the wise use of all relevant
knowledge and to avoid costly duplication of studies and data
gathering.
(d) The commission shall utilize innovative techniques for the
establishment of the center. To this end, the commission is
encouraged to enlist the voluntary assistance of private and public
organizations with appropriate expertise. In addition, the
commission shall seek grants from private and public institutions to
augment its limited funding.

30344. (a) The Legislature hereby finds and declares that the
coastal zone is one of its most precious natural resources, rich in
diversity of living and nonliving resources and in the wide range of
opportunities it provides for the use and conservation by the people
of this state and nation. The Legislature further finds that, in
order to promote the wise use of coastal resources for, among other
things, recreation, habitat conservation, educational, and scientific
study, the production of food and fiber, residential purposes, and
economic growth, it is necessary to provide the public with an
informative and educational guide to coastal resources.
(b) The commission shall, not later than July 1, 1984, prepare a
guide to coastal resources. The guide shall include, but not be
limited to, the following components:
(1) An inventory of the natural resources which are of
environmental, social, economic, and educational importance to the
public. The inventory shall include a description of the resources,
their location, and their significance to the people and the natural
environment.
(2) An inventory of manmade resources of cultural, historic,
economic, and educational importance to the public. The inventory
shall focus on those resources which, by virtue of their location in
or near the coastal zone, take on a special character or which,
because of their nature, require a coastal location. The inventory
shall include a description of the resource and any historic,
educational, and technical notes of interest.
(3) A listing of public and private entities having responsibility (continued)