Loading (50 kb)...'

State
California
PRC Sec 35000-35034 COASTAL RESOURCES AND ENERGY ASSISTANCE ACT



PUBLIC RESOURCES CODE
SECTION 35000-35034





35000. This division shall be known and may be cited as the Coastal
Resources and Energy Assistance Act.



35001. The Legislature finds and declares that it is essential that
the state, in cooperation with local governments, invest a portion
of federal revenues derived from the extraction of publicly owned,
nonrenewable offshore energy resources for the sound protection and
management of the state's renewable ocean and coastal resources.




35002. The Legislature further finds and declares that the federal
government's accelerated and expanded federal offshore leasing
program, in conjunction with the State Lands Commission's submerged
lands leasing program, have placed a greater strain on state and
local government efforts to plan for and manage the ocean and coastal
impacts caused by offshore oil and gas development.



35003. The Legislature further finds and declares, therefor, that a
portion of federal revenues derived from the extraction of offshore
energy resources should be expended by the state to further the
following goals:
(a) Provision of financial assistance to coastal counties and
cities affected by federal and state offshore energy development.
(b) Assistance to local governments to exercise their
responsibility for improving the management of the state's coastal
resources.


35020. "Coastal city" means a city or port district which lies, in
whole or in part, within the coastal zone.



35021. "Coastal county" means a county or city and county which
lies, in whole or in part, within the coastal zone.



35022. "Coastal zone" means the coastal zone as defined in Section
30103.


35023. "Local coastal program" means a local coastal program as
defined in Section 30108.6.



35024. "Secretary" means the Secretary of the Resources Agency.

35030. (a) The secretary, after consulting with the California
Coastal Commission and the State Lands Commission concerning offshore
energy activities, shall award grants to coastal counties and cities
to be used for the purposes of planning, assessment, mitigation,
permitting, monitoring and enforcement, public services and
facilities, and for other activities related to offshore energy
development, consistent with the requirements of the state's coastal
management program.
(b) Prior to receiving grants under this chapter, each coastal
county and city shall submit a report to the secretary describing how
the funds are to be expended. Before submitting the report, each
coastal county and city shall provide opportunities for the public to
review and comment on the report and shall hold at least one public
hearing on the report.



35031. Any funds appropriated in accordance with this chapter and
not expended as described in Section 35030, may be awarded by the
secretary for technical and financial assistance to coastal counties
and cities with approved local coastal programs to help them exercise
effectively their responsibility for improving the management of the
state's coastal resources. Technical and financial assistance shall
be made available to coastal counties and cities to do any of the
following:
(a) Protect wetlands, flood plains, estuaries, beaches, dunes, and
fish and wildlife and their habitat within coastal areas.
(b) Minimize the loss of life and property in coastal flood-prone,
storm surge, geologic hazard, and erosion-prone areas.
(c) Provide public access to the coast for recreational purposes,
to acquire coastal view sheds, and to preserve, maintain, and restore
historic, cultural, and aesthetic coastal sites.
(d) Facilitate the process for siting major facilities along the
coast related to fisheries, recreation, and ports and other coastal
dependent commercial uses, giving full consideration to environmental
concerns as well as the need for economic development.
(e) Promote other coastal management improvements determined by
the secretary to be consistent with the state's coastal management
program.


35032. On or before April 15, 1997, the secretary, in cooperation
with the California Coastal Commission, shall develop and implement a
competitive application process to award coastal counties and cities
financial and technical assistance pursuant to this chapter.
Thereafter, the secretary shall review that process by April 15 of
each year that funds are appropriated pursuant to this chapter.



35033. Any financial assistance provided to local governments under
this chapter may not exceed 90 percent of the cost of carrying out
the project. Commencing in the 1997 calendar year and in each
calendar year thereafter, 50 percent of the amount of funds received
by the state pursuant to Section 8(g) of the Outer Continental Shelf
Lands Act (43 U.S.C. Sec. 1337(g)) over the amount of funds so
received in the 1996 calendar year shall be available, on an annual
basis, for appropriation to the secretary for grants to coastal
counties and cities pursuant to this chapter.



35034. On an annual basis, the secretary shall review and assess
county and city expenditures under this program. Not more than one
hundred thousand dollars ($100,000) of the funds appropriated
annually pursuant to this chapter may be used by the secretary to
defray administrative costs and, of that amount, not more than fifty
thousand dollars ($50,000) may be used to cover costs incurred by the
California Coastal Commission in the review of grant applications
pursuant to this chapter.