Bill Text: CA SB741 | 2025-2026 | Regular Session | Amended


Bill Title: Coastal resources: coastal development permit: exemption: Los Angeles-San Diego-San Luis Obispo Rail Corridor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-05-06 - Read second time. Ordered to third reading. [SB741 Detail]

Download: California-2025-SB741-Amended.html

Amended  IN  Senate  April 21, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill
No. 741


Introduced by Senator Blakespear

February 21, 2025


An act to amend Section 30624 30600 of the Public Resources Code, relating to coastal resources.


LEGISLATIVE COUNSEL'S DIGEST


SB 741, as amended, Blakespear. Coastal resources: coastal development permit: local emergency declaration. exemption: Los Angeles-San Diego-San Luis Obispo Rail Corridor.
The California Coastal Act of 1976, which is administered by the California Coastal Commission, requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit from a local government or the commission. Existing law exempts from that coastal development permitting process certain emergency projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore existing highways, as provided.
This bill would expand that exemption to include certain emergency projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore existing railroad track along the Los Angeles-San Diego-San Luis Obispo Rail Corridor, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles-San Diego-San Luis Obispo Rail Corridor.

Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and provides for planning and regulation of development in the coastal zone, as defined. The act requires the commission to provide, by regulation, for the issuance of coastal development permits by the executive director of the commission or, where the development permit authority has been delegated to a local government, by an appropriate local official designated by resolution of the local government without compliance with the procedures prescribed in the act in cases of emergency, except as provided, and for certain nonemergency developments, as described.

This bill would include as an emergency, for purposes of the latter provision, a local emergency declaration by a municipality, county, or special district.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 30600 of the Public Resources Code is amended to read:

30600.
 (a) Except as provided in subdivision (e), and in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, any person, as defined in Section 21066, wishing to perform or undertake any development in the coastal zone, other than a facility subject to Section 25500, shall obtain a coastal development permit.
(b) (1) Prior to Before certification of its local coastal program, a local government may, with respect to any development within its area of jurisdiction in the coastal zone and consistent with the provisions of Sections 30604, 30620, and 30620.5, establish procedures for the filing, processing, review, modification, approval, or denial of a coastal development permit. Those procedures may be incorporated and made a part of the procedures relating to any other appropriate land use development permit issued by the local government.
(2) A coastal development permit from a local government shall not be required by this subdivision for any development on tidelands, submerged lands, or on public trust lands, whether filled or unfilled, or for any development by a public agency for which a local government permit is not otherwise required.
(c) If prior to before certification of its local coastal program, a local government does not exercise the option provided in subdivision (b), or a development is not subject to the requirements of subdivision (b), a coastal development permit shall be obtained from the commission or from a local government as provided in subdivision (d).
(d) After certification of its local coastal program or pursuant to the provisions of Section 30600.5, a coastal development permit shall be obtained from the local government as provided for in Section 30519 or Section 30600.5.
(e) This section does not apply to any of the following projects, except that notification by the agency or public utility performing any of the following projects shall be made to the commission within 14 days from the date of the commencement of the project:
(1) Immediate emergency work necessary to protect life or property or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(2) (A) Emergency projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an either of the following:
(i) An existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, Code.
(ii) An existing railroad track along the Los Angeles-San Diego-San Luis Obispo Rail Corridor.
(B) This paragraph applies only within the existing right-of-way of the highway, highway or railroad that is damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. This
(C) This paragraph does not exempt from this section any project either of the following:
(i) A project undertaken, carried out, or approved by a public agency to expand or widen a highway or railroad facilities damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.
(ii) A project that would include construction of any new or expanded revetment, seawall, bluff or cliff stabilization or retention structure, rock slope protection, and other construction that alters natural shoreline processes.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique economic importance of the Los Angeles-San Diego-San Luis Obispo Rail Corridor associated with the statewide transport of passengers and freight, requiring the need to address routine repair and maintenance work in the coastal zone quickly to minimize disruption while maintaining rail service and constitutionally protected public access to the shoreline.
SECTION 1.Section 30624 of the Public Resources Code is amended to read:
30624.

(a)The commission shall provide, by regulation, for the issuance of coastal development permits by the executive director of the commission or, where the coastal development permit authority has been delegated to a local government pursuant to Section 30600.5, by an appropriate local official designated by resolution of the local government without compliance with the procedures specified in this chapter in cases of emergency, including a local emergency declaration by a municipality, county, or special district, other than an emergency provided for under Section 30611, and for the following nonemergency developments: improvements to any existing structure; any single-family dwelling; any development of four dwelling units or less within any incorporated area that does not require demolition; any other developments not in excess of one hundred thousand dollars ($100,000) other than any division of land; and any development specifically authorized as a principal permitted use and proposed in an area for which the land use portion of the applicable local coastal program has been certified. That permit for nonemergency development shall not be effective until after reasonable public notice and adequate time for the review of such issuance has been provided.

(b)If one-third of the appointed members of the commission so request at the first meeting following the issuance of that permit by the executive director, such issuance shall not be effective, and, instead, the application shall be processed in accordance with the commission’s procedures for permits and pursuant to the provisions of this chapter.

(c)A permit issued by a local official pursuant to this section shall be scheduled on the agenda of the governing body of the local agency at its first scheduled meeting after that permit has been issued. If, at that meeting, one-third of the members of that governing body so request, the permit issued by the local official shall not go into effect and the application for a coastal development permit shall be processed by the local government pursuant to Section 30600.5.

(d)Monetary limitations shall not be required for emergencies covered by this section.

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