2007 California Public Resources Code Article 2. State Agencies

CA Codes (prc:30410-30420)

30410.  (a) The commission and the San Francisco Bay Conservation
and Development Commission shall conduct a joint review of this
division and Title 7.2 (commencing with Section 66600) of the
Government Code to determine how the program administered by the San
Francisco Bay Conservation and Development Commission shall be
related to this division.  Both commissions shall jointly present
their recommendations to the Legislature not later than July 1, 1978.

   (b) It is the intent of the Legislature that the ports under the
jurisdiction of the San Francisco Bay Conservation and Development
Commission, including the Ports of San Francisco, Oakland, Richmond,
Redwood City, Encinal Terminals, and Benicia, should be treated no
less favorably than the ports under the jurisdiction of the
commission covered in Chapter 8 (commencing with Section 30700) under
the terms of any legislation which is developed pursuant to such
study.


30411.  (a) The Department of Fish and Game and the Fish and Game
Commission are the principal state agencies responsible for the
establishment and control of wildlife and fishery management programs
and the commission shall not establish or impose any controls with
respect thereto that duplicate or exceed regulatory controls
established by these agencies pursuant to specific statutory
requirements or authorization.
   (b) The Department of Fish and Game, in consultation with the
commission and the Department of Boating and Waterways, may study
degraded wetlands and identify those which can most feasibly be
restored in conjunction with development of a boating facility as
provided in subdivision (a) of Section 30233. Any study conducted
under this subdivision shall include consideration of all of the
following:
   (1) Whether the wetland is so severely degraded and its natural
processes so substantially impaired that it is not capable of
recovering and maintaining a high level of biological productivity
without major restoration activities.
   (2) Whether a substantial portion of the degraded wetland, but in
no event less than 75 percent, can be restored and maintained as a
highly productive wetland in conjunction with a boating facilities
project.
   (3) Whether restoration of the wetland's natural values, including
its biological productivity and wildlife habitat features, can most
feasibly be achieved and maintained in conjunction with a boating
facility or whether there are other feasible ways to achieve these
values.
   (c) The Legislature finds and declares that salt water or brackish
water aquaculture is a coastal-dependent use which should be
encouraged to augment food supplies and to further the policies set
forth in Chapter 4 (commencing with Section 825) of Division 1. The
Department of Fish and Game may identify coastal sites it determines
to be appropriate for aquaculture facilities. If the department
identifies these sites, it shall transmit information identifying the
sites to the commission and the relevant local government agency.
The commission, and where appropriate, local governments, shall,
consistent with the coastal planning requirements of this division,
provide for as many coastal sites identified by the Department of
Fish and Game for any uses that are consistent with the policies of
Chapter 3 (commencing with Section 30200) of this division.
   (d) Any agency of the state owning or managing land in the coastal
zone for public purposes shall be an active participant in the
selection of suitable sites for aquaculture facilities and shall make
the land available for use in aquaculture when feasible and
consistent with other policies of this division and other provisions
of law.


30412.  (a) In addition to Section 13142.5 of the Water Code, this
section shall apply to the commission and the State Water Resources
Control Board and the California regional water quality control
boards.
   (b) The State Water Resources Control Board and the California
regional water quality control boards are the state agencies with
primary responsibility for the coordination and control of water
quality.  The State Water Resources Control Board has primary
responsibility for the administration of water rights pursuant to
applicable law.  The commission shall assure that proposed
development and local coastal programs shall not frustrate this
section.  The commission shall not, except as provided in subdivision
(c), modify, adopt conditions, or take any action in conflict with
any determination by the State Water Resources Control Board or any
California regional water quality control board in matters relating
to water quality or the administration of water rights.
   Except as provided in this section, nothing herein shall be
interpreted in any way either as prohibiting or limiting the
commission, local government, or port governing body from exercising
the regulatory controls over development pursuant to this division in
a manner necessary to carry out this division.
   (c) Any development within the coastal zone or outside the coastal
zone which provides service to any area within the coastal zone that
constitutes a treatment work shall be reviewed by the commission and
any permit it issues, if any, shall be determinative only with
respect to the following aspects of the development:
   (1) The siting and visual appearance of treatment works within the
coastal zone.
   (2) The geographic limits of service areas within the coastal zone
which are to be served by particular treatment works and the timing
of the use of capacity of treatment works for those service areas to
allow for phasing of development and use of facilities consistent
with this division.
   (3) Development projections which determine the sizing of
treatment works for providing service within the coastal zone.
   The commission shall make these determinations in accordance with
the policies of this division and shall make its final determination
on a permit application for a treatment work prior to the final
approval by the State Water Resources Control Board for the funding
of such treatment works.  Except as specifically provided in this
subdivision, the decisions of the State Water Resources Control Board
relative to the construction of treatment works shall be final and
binding upon the commission.
   (d) The commission shall provide or require reservations of sites
for the construction of treatment works and points of discharge
within the coastal zone adequate for the protection of coastal
resources consistent with the provisions of this division.
   (e) Nothing in this section shall require the State Water
Resources Control Board to fund or certify for funding, any specific
treatment works within the coastal zone or to prohibit the State
Water Resources Control Board or any California regional water
quality control board from requiring a higher degree of treatment at
any existing treatment works.



30413.  (a) In addition to the provisions set forth in subdivision
(f) of Section 30241, and in Sections 25302, 25500, 25507, 25508,
25510, 25514, 25516.1, 25523, and 25526, the provisions of this
section shall apply to the commission and the State Energy Resources
Conservation and Development Commission with respect to matters
within the statutory responsibility of the latter.
   (b) The commission shall, prior to January 1, 1978, and after one
or more public hearings, designate those specific locations within
the coastal zone where the location of a facility as defined in
Section 25110 would prevent the achievement of the objectives of this
division; provided, however, that specific locations that are
presently used for such facilities and reasonable expansion thereof
shall not be so designated.  Each such designation shall include a
description of the boundaries of those locations, the objectives of
this division which would be so affected, and detailed findings
concerning the significant adverse impacts that would result from
development of a facility in the designated area.  The commission
shall consider the conclusions, if any, reached by the State Energy
Resources Conservation and Development Commission in its most
recently promulgated comprehensive report issued pursuant to Section
25309.  The commission shall transmit a copy of its report prepared
pursuant to this subdivision to the State Energy Resources
Conservation and Development Commission.
   (c) The commission, after it completes its initial designations in
1978, shall, prior to January 1, 1980, and once every two years
thereafter until January 1, 1990, revise and update the designations
specified in subdivision (b).  After January 1, 1990, the commission
shall revise and update those designations not less than once every
five years.  Those revisions shall be effective on January 1, 1980,
or on January 1 of the year following adoption of the revisions.  The
provisions of subdivision (b) shall not apply to any sites and
related facilities specified in any notice of intention to file an
application for certification filed with the State Energy Resources
Conservation and Development Commission pursuant to Section 25502
prior to designation of additional locations made by the commission
pursuant to this subdivision.
   (d) Whenever the State Energy Resources Conservation and
Development Commission exercises its siting authority and undertakes
proceedings pursuant to the provisions of Chapter 6 (commencing with
Section 25500) of Division 15 with respect to any thermal powerplant
or transmission line to be located, in whole or in part, within the
coastal zone, the commission shall participate in those proceedings
and shall receive from the State Energy Resources Conservation and
Development Commission any notice of intention to file an application
for certification of a site and related facilities within the
coastal zone.  The commission shall analyze each notice of intention
and shall, prior to completion of the preliminary report required by
Section 25510, forward to the State Energy Resources Conservation and
Development Commission a written report on the suitability of the
proposed site and related facilities specified in that notice .  The
commission's report shall contain a consideration of, and findings
regarding, all of the following:
   (1) The compatibility of the proposed site and related facilities
with the goal of protecting coastal resources.
   (2) The degree to which the proposed site and related facilities
would conflict with other existing or planned coastal-dependent land
uses at or near the site.
   (3) The potential adverse effects that the proposed site and
related facilities would have on aesthetic values.
   (4) The potential adverse environmental effects on fish and
wildlife and their habitats.
   (5) The conformance of the proposed site and related facilities
with certified local coastal programs in those jurisdictions which
would be affected by any such development.
   (6) The degree to which the proposed site and related facilities
could reasonably be modified so as to mitigate potential adverse
effects on coastal resources, minimize conflict with existing or
planned coastal-dependent uses at or near the site, and promote the
policies of this division.
   (7) Such other matters as the commission deems appropriate and
necessary to carry out this division.
   (e) The commission may, at its discretion, participate fully in
other proceedings conducted by the State Energy Resources
Conservation and Development Commission pursuant to its powerplant
siting authority.  In the event the commission participates in any
public hearings held by the State Energy Resources Conservation and
Development Commission, it shall be afforded full opportunity to
present evidence and examine and cross-examine witnesses.
   (f) The State Energy Resources Conservation and Development
Commission shall forward a copy of all reports it distributes
pursuant to Sections 25302 and 25306 to the commission and the
commission shall, with respect to any report that relates to the
coastal zone or coastal zone resources, comment on those reports, and
shall in its comments include a discussion of the desirability of
particular areas within the coastal zone as designated in such
reports for potential powerplant development.  The commission may
propose alternate areas for powerplant development within the coastal
zone and shall provide detailed findings to support the suggested
alternatives.


30414.  (a) The State Air Resources Board and air pollution control
districts established pursuant to state law and consistent with
requirements of federal law are the principal public agencies
responsible for the establishment of ambient air quality and emission
standards and air pollution control programs.  The provisions of
this division do not authorize the commission or any local government
to establish any ambient air quality standard or emission standard,
air pollution control program or facility, or to modify any ambient
air quality standard, emission standard, or air pollution control
program or facility which has been established by the state board or
by an air pollution control district.
   (b) Any provision of any certified local coastal program which
establishes or modifies any ambient air quality standard, any
emission standard, any air pollution control program or facility
shall be inoperative.
   (c) The State Air Resources Board and any air pollution control
district may recommend ways in which actions of the commission or any
local government can complement or assist in the implementation of
established air quality programs.



30415.  The Director of the Office of Planning and Research shall,
in cooperation with the commission and other appropriate state
agencies, review the policies of this division.  If the director
determines that effective implementation of any policy requires the
cooperative and coordinated efforts of several state agencies, he
shall, no later than July 1, 1978 and from time to time thereafter,
recommend to the appropriate agencies actions that should be taken to
minimize potential duplication and conflicts and which could, if
taken, better achieve effective implementation of such policy.  The
director shall, where appropriate and after consultation with the
affected agency, recommend to the Governor and the Legislature how
the programs, duties, responsibilities, and enabling legislation of
any state agency should be changed to better achieve the goals and
policies of this division.



30416.  (a) The State Lands Commission, in carrying out its duties
and responsibilities as the state agency responsible for the
management of all state lands, including tide and submerged lands,,
in accordance with the provisions of Division 6 (commencing with
Section 6001), shall, prior to certification by the commission
pursuant to Chapters 6 (commencing with Section 30500) and 8
(commencing with Section 30700) review, and may comment on any
proposed local coastal program or port master plan that could affect
state lands.
   (b) No power granted to any local government, port governing body,
or special district, under this division, shall change the authority
of the State Lands Commission over granted or ungranted lands within
its jurisdiction or change the rights and duties of its lessees or
permittees.
   (c) Boundary settlements between the State Lands Commission and
other parties and any exchanges of land in connection therewith shall
not be a development within the meaning of this division.
   (d) Nothing in this division shall amend or alter the terms and
conditions in any legislative grant of lands, in trust, to any local
government, port governing body, or special district; provided,
however, that any development on such granted lands shall, in
addition to the terms and conditions of such grant, be subject to the
regulatory controls provided by Chapters 7 (commencing with Section
30600) and 8 (commencing with Section 30700).



30417.  (a) In addition to the provisions set forth in Section
4551.5, this section shall apply to the State Board of Forestry and
Fire Protection.
   (b) Within 180 days after January 1, 1977, the commission shall
identify special treatment areas within the coastal zone to ensure
that natural and scenic resources are adequately protected.  The
commission shall forward to the State Board of Forestry and Fire
Protection maps of the designated special treatment areas together
with specific reasons for those designations and with recommendations
designed to assist the State Board of Forestry and Fire Protection
in adopting rules and regulations that adequately protect the natural
and scenic qualities of the special treatment areas.



30418.  (a) Pursuant to Division 3 (commencing with Section 3000),
the Division of Oil and Gas of the Department of Conservation is the
principal state agency responsible for regulating the drilling,
operation, maintenance, and abandonment of all oil, gas, and
geothermal wells in the state.  Neither the commission, local
government, port governing body, or special district shall establish
or impose such regulatory controls that duplicate or exceed controls
established by the Division of Oil and Gas pursuant to specific
statutory requirements or authorization.
   This section shall not be construed to limit in any way, except as
specifically provided, the regulatory controls over oil and gas
development pursuant to Chapters 7 (commencing with Section 30600)
and 8 (commencing with Section 30700).
   (b) The Division of Oil and Gas of the Department of Conservation
shall cooperate with the commission by providing necessary data and
technical expertise regarding proposed well operations within the
coastal zone.


30419.  The Department of Boating and Waterways is the principal
state agency for evaluating the economic feasibility of any boating
facility to be developed within the coastal zone.
   If the economic viability of a boating facility becomes an issue
in a coastal development permit matter or in a local coastal program
or any amendment thereto, the commission shall request the Department
of Boating and Waterways to provide comment, including, but not
limited to, the analysis of costs associated with conditions of
approval.  In cases where the Department of Boating and Waterways
desires to make any comment, it shall be made within 30 days of the
commission's request.  The commission shall include the comment in
its decision regarding a coastal development permit or local coastal
program or any amendment thereto.



30420.  Prior to taking any action on (1) a local coastal program or
any amendment thereto, (2) any coastal development permit, or (3)
any consistency determination or certification, that relates to the
disposal of hazardous substances at sea, the commission shall consult
with the following governmental entities:
   (a) Department of Toxic Substances Control.
   (b) State Lands Commission.
   (c) State Air Resources Board and relevant air pollution control
districts or air quality management districts.
   (d) Department of Fish and Game.
   (e) State Water Resources Control Board and relevant California
regional water quality control boards.
   (f) Secretary for Environmental Protection.
   (g) Governor's Office of Planning and Research.
   (h) The local government located closest to the proposed activity,
or within whose jurisdiction the activity is proposed, or within
whose jurisdiction there may be effects of the proposed activity.