Bill Text: CA AB3192 | 2023-2024 | Regular Session | Amended
Bill Title: Major coastal resorts: audits: waste.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB3192 Detail]
Download: California-2023-AB3192-Amended.html
Amended
IN
Assembly
April 10, 2024 |
Introduced by Assembly Member Muratsuchi |
February 16, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
The bill would require any coastal development permit pertaining to a major coastal resort approved after January 1, 2025, to include, in addition to any other permitting requirements, new requirements, including a turf, landscape, and pest management plan, as provided. The bill would require any major coastal resort’s coastal development permit, in existence as of January 1, 2025, to be amended to include these new requirements when the permit is renewed or updated. To the
extent the bill would create additional duties for local governments, the bill would impose a state-mandated local program.
(3) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Major Coastal Resorts Environmental Accountability Act.SEC. 2.
The Legislature finds and declares all of the following:SEC. 3.
Chapter 8.5 (commencing with Section 30750) is added to Division 20 of the Public Resources Code, to read:CHAPTER 8.5. Major Coastal Resorts
30750.
For purposes of this chapter, the following terms apply:30750.1.
(a) (1) Every two years,(1)
(2)
(3)
(4)
(c)
(d)(1)The commission shall document the audit’s investigation and findings regarding a major coastal resort’s compliance in a public report that shall be posted on the commission’s internet website.
(2)The report shall include both of the following:
(A)A summary documenting the implementation of the major coastal resort’s turf, landscape, and pest management plan, if any, over the preceding two years.
(B)Disclosure of the types, quantity, and frequency of the pesticides and fertilizing material that the major coastal resort has used.
(e)The commission shall
decide whether to pursue enforcement under Chapter 9 (commencing with Section 30800) of any violations identified in the audit and shall make that decision available to the public.
(a)Any coastal development permit pertaining to a major coastal resort approved after January 1, 2025, shall include, in addition to any other permitting requirements, the following requirements:
(1)(A)A plan for complying with any coastal development permit conditions or mitigation measures regarding biological resources and for continued monitoring of relevant biological resources to ensure that the conditions and mitigation measures are satisfactorily protecting those resources.
(B)The plan shall include, as appropriate, all of the following:
(i)Performance criteria for evaluating the success of conditions or mitigation measures in protecting, restoring, or creating biological resources.
(ii)The maintenance measures necessary to implement the conditions or mitigation measures.
(iii)Qualitative monitoring or surveys of relevant species and habitat.
(iv)Quantitative monitoring or surveys, with randomly selected transects, of relevant species and habitat.
(2)Ongoing monitoring and reporting of the major coastal resort’s stormwater discharges in the coastal zone, if any, sufficient to evaluate the contents of the discharges for pollutants or waste and ensure the quality of waters of the state is not being degraded. That monitoring and reporting shall be imposed in coordination with the State Water Resources Control Board or relevant regional water quality control board. For purposes of this paragraph, “waste” shall have the same meaning as in Section 13050 of the Water Code.
(3)Verification from the major coastal resort that the either of the following applies:
(A)The major coastal resort has been issued, or is in the process of being issued, waste discharge requirements or a waiver under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) or a national pollutant discharge elimination system permit under the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) for the resort’s stormwater discharges in the coastal zone, if any.
(B)Waste discharge requirements or a national pollutant discharge elimination system permit are not required for the major coastal resort’s stormwater discharges in the coastal zone under state or federal law.
(4)A turf, landscape, and pest management plan that follows state-of-the-art environmental methods, such as integrated pest management and nonchemical strategies, to address pests, weeds, and plant growth.
(b)Any coastal development permit for a major coastal resort in existence as of January 1, 2025, shall be amended, when the permit is renewed or updated, to include the requirements in subdivision (a).
(c)The legitimate costs that a local government incurs to implement subdivision (b) shall be eligible for reimbursement pursuant to Section 30353, if such costs have not been provided in an implementation grant issued pursuant to Section 30351.
30750.3.
The use of any nonorganic pesticide or fertilizing material at, or on any part of, any major coastal resort is30750.4.
(a) A major coastal resort, or person acting on behalf of a major coastal resort, shall not discriminate or retaliate against any employee or applicant for employment for engaging in either of the following:SEC. 4.
Chapter 6.2 (commencing with Section 42380) is added to Part 3 of Division 30 of the Public Resources Code, to read:CHAPTER 6.2. Major Coastal Resorts
42380.
For purposes of this chapter, the following terms apply:42380.1.
A major coastal resort shall not provide to guests any of the following:42380.2.
A major coastal resort shall do(c)Subscribe to a recycling service that includes collection and recycling of the recyclable materials, and subscribe to either an organic recycling service that includes collection and recycling of the organic waste or recycle the organic waste onsite.
42380.3.
A major coastal resort shall maintain records of its operations to comply with the requirements of this chapter. Records of past operations shall be preserved for three years.42380.4.
A major coastal resort in violation of any requirement of this chapter is liable for a civil penalty of five hundred dollars ($500) per each day the violation continues. Any person, including the Attorney General or a district attorney, county counsel, or city attorney, may bring an action for the recovery of civil penalties under this section. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.