reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2 - Qualifications and Organization › Section 30318.

30318. This division shall not preclude or prevent a 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, member of a joint powers authority, member of a local agency formation commission, delegate to the Southern California Association of Governments, or member of the San Diego Association of Governments, 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. This section shall not exempt a member or employee of the commission from any other provision of this article.
(Amended by Stats. 2023, Ch. 108, Sec. 1. (SB 360) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2 - Qualifications and Organization › Section 30319.

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.
(Amended by Stats. 1993, Ch. 798, Sec. 1. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2 - Qualifications and Organization › Section 30319.5.

30319.5. An applicant whose permit is denied due to the applicant’s 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.
(Amended by Stats. 2022, Ch. 97, Sec. 8. (SB 1497) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30320.

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.
(Added by Stats. 1992, Ch. 1114, Sec. 3. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30321.

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.
(Added by Stats. 1992, Ch. 1114, Sec. 3. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30322.

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 their 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 that 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.
(Amended by Stats. 2022, Ch. 97, Sec. 9. (SB 1497) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30323.

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.
(Added by Stats. 1992, Ch. 1114, Sec. 3. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30324.

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) (i) The identity of the person or persons initiating and the person or persons receiving the communication.
(ii) The identity of the person on whose behalf the communication was made.
(iii) The identity of all persons present during the communication.
(C) A complete, comprehensive description of the content of the ex parte communication, including a complete set of all text and graphic material that was 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.
(Amended by Stats. 2014, Ch. 125, Sec. 1. (AB 474) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30325.

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.
(Added by Stats. 1992, Ch. 1114, Sec. 3. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30326.

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.
(Added by Stats. 1992, Ch. 1114, Sec. 3. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30327.

30327. (a) No commission member or alternate shall make, participate in making, or any other way attempt to use their 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.
(Amended by Stats. 2022, Ch. 97, Sec. 10. (SB 1497) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30327.5.

30327.5. (a) An interested person shall not give, convey, or make available gifts aggregating more than ten dollars ($10) in a calendar month to a commissioner or a member of the commission’s staff.
(b) A commissioner or member of the commission’s staff shall not accept gifts aggregating more than ten dollars ($10) in a calendar month from an interested person.
(c) For purposes of this section, “interested person” shall have the same meaning as the term is defined in Section 30323.
(d) For purposes of this section, “gift” means, except as provided in subdivision (e), a payment, as defined in Section 82044 of the Government Code, that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. A person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value.
(e) For purposes of this section, “gift” does not include any of the following:
(1) A gift that is not used and that, within 30 days after receipt, is either returned to the donor or delivered to a nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, without being claimed as a charitable contribution for tax purposes.
(2) A gift from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of one of those individuals. However, a gift from one of those people shall be considered a gift if the donor is acting as an agent or intermediary for a person not covered in this paragraph.
(3) A cost associated with the provision of evidentiary material provided to the commission and its staff.
(4) An educational or training activity that has received prior approval from the commission.
(5) A field trip or site inspection that is made available on equal terms and conditions to all commissioners and appropriate staff.
(6) A reception or purely social event that is not offered in connection with or is not intended to influence a decision or action of the commission and that is open to all commissioners, members of the staff, and members of the public and press.
(Amended by Stats. 2008, Ch. 179, Sec. 188. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30327.6.

30327.6. (a) (1) Except as provided in paragraph (2), a person who for compensation attempts to influence or affect the outcome of a commission decision or action and who violates Section 30327.5 may, in addition to any other applicable penalty, be barred from any activity seeking to influence or affect the outcome of a commission decision or action for a period of up to one year from the date of the finding of the violation. Each violation shall be grounds for the person being barred from any activity seeking to influence or affect a commission decision or action for an additional year from the date of conviction.
(2) This section does not prohibit an individual from representing the individual’s own self in seeking to influence or affect the outcome of a commission decision or action if that individual is acting solely on their own personal behalf and not on behalf of another person or entity.
(b) A person who violates Section 30327.5 shall, in addition to any other applicable penalty, be subject to a civil fine not to exceed five hundred dollars ($500) for each violation.
(Amended by Stats. 2022, Ch. 97, Sec. 11. (SB 1497) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30328.

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.
(Added by Stats. 1992, Ch. 1114, Sec. 3. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 2.5 - Fairness and Due Process › Section 30329.

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.
(Added by Stats. 1995, Ch. 938, Sec. 83. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30330.

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.
(Amended by Stats. 1976, Ch. 1331.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30331.

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).
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30333.

30333. (a) 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 of the commission, rules and regulations to carry out the purposes and provisions of this division, and to govern procedures of the commission.
(b) 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 3.5 (commencing with Section 11340) 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.
(Amended by Stats. 2013, Ch. 472, Sec. 6. (SB 814) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30333.1.

30333.1. The commission shall periodically 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 implement, within 60 days of the review, any revisions it determines to be appropriate, so that its regulations and procedures may continue to be as simple and expeditious as practicable.
(Amended by Stats. 2006, Ch. 294, Sec. 3. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30333.2.

30333.2. Notwithstanding any other provision 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, 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. A building standard adopted in violation of this section shall have no force or effect. A 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.
(Amended by Stats. 2006, Ch. 294, Sec. 4. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30334.

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.
(Amended by Stats. 1991, Ch. 285, Sec. 17.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30334.5.

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.
(Added by Stats. 1976, Ch. 1331.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30335.

30335. The commission shall appoint an executive director who shall be exempt from civil service and shall serve at the pleasure of the commission. 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.
(Amended by Stats. 2022, Ch. 97, Sec. 12. (SB 1497) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30335.1.

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).
(Amended by Stats. 1991, Ch. 285, Sec. 18.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30335.5.

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.
(Added by Stats. 1992, Ch. 965, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30336.

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.
(Amended by Stats. 1991, Ch. 285, Sec. 19.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30337.

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.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30338.

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.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30339.

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.
(Amended by Stats. 1991, Ch. 285, Sec. 20.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30340.

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.
(Amended by Stats. 1993, Ch. 589, Sec. 133. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30340.6.

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.
(Added by Stats. 1978, Ch. 1075.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 3 - Powers and Duties › Section 30341.

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.
(Amended by Stats. 1991, Ch. 285, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 4 - Local Coastal Program Implementation Costs › Section 30350.

30350. (a) It is the policy of the state that local governments be paid their legitimate costs, from either state or federal funds, for the implementation of certified local coastal programs; provided, however, that such payment shall only be available for those costs directly attributable to the operation of a certified local coastal program and which costs would not have been incurred but for such local coastal program and which costs are not of a nature which would normally be incurred by such local government in carrying out its land use planning and regulatory responsibilities pursuant to any provision of law other than this division.
(b) Notwithstanding any other provision of law to the contrary, claims for payment of costs directly attributable to the operation and implementation of a certified local coastal program shall only be submitted, reviewed, and approved in the manner set forth in, and pursuant to the provisions of, this article.
(c) The provisions of this article are intended to establish a procedure that ensures the orderly and carefully monitored expenditure of limited public funds for payment of such costs, the incurring of which is hereby recognized as being in the interest of all the people of this state because they carry out state policies for the wise, long-term conservation and use of coastal resources.
(Added by Stats. 1979, Ch. 919.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 4 - Local Coastal Program Implementation Costs › Section 30351.

30351. The commission shall, not later than July 1, 1980, prepare and adopt procedures for the issuance and management of local coastal program implementation grants. The purpose of the grants program is to provide, to the extent funds are available, financial assistance for local governments and, in cases the commission deems appropriate, other public agencies to carry out certified local coastal programs. The procedures required by this section shall specify, consistent with the criteria set forth in subdivision (a) of Section 30350, the categories of expenditures eligible for implementation grants and shall include procedures for application, review, approval, and disbursement of grant funds.
(Added by Stats. 1979, Ch. 919.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 4 - Local Coastal Program Implementation Costs › Section 30352.

30352. (a) Any local government carrying out its certified local coastal programs may, upon the delegation of the development review authority pursuant to Section 30519, claim reimbursement of costs incurred for the implementation of such local coastal program if costs have not been provided in an implementation grant issued pursuant to Section 30351.
(b) Claims made pursuant to this article shall be submitted to the executive director of the commission not later than September 30 immediately following the fiscal year during which the claimed costs were incurred. The executive director shall review such claims in accordance with the provisions of this article and shall submit all such claims to the Controller within 60 days after receipt of a claim, but in no event later than November 30.
(c) All claims submitted pursuant to this section shall be filed on forms approved and prepared by the commission in consultation with the Controller. Such forms shall specify the information needed to enable the executive director of the commission and the Controller to make the determinations required by Section 30353. 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.
(Amended by Stats. 1983, Ch. 1308, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 4 - Local Coastal Program Implementation Costs › Section 30354.

30354. (a) The executive director of the commission shall review and evaluate each claim submitted pursuant to this article and shall determine whether:
(1) The costs claimed meet the requirements of this article.
(2) The costs claimed are not paid for or reimbursed from any other source of state or federal funding.
(3) The claimed costs are reasonable for the implementation of a certified local coastal program.
(b) 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 the executive director’s recommendation whether the Controller should allow or deny, in whole or in part, the claim. A copy of each claim shall also be sent to the claimant local government at the time such claim is submitted to the Controller. The executive director’s recommendation shall be based on their determinations made pursuant to this article. 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 (b) of Section 30352, the executive director shall be deemed to have recommended approval of the claim.
(c) The provisions of Section 17561 of the Government Code shall apply to claims filed pursuant to this article, provided that where a conflict between Section 17561 of the Government Code and this article occurs, the conflict shall be resolved in a manner that best carries out the purposes of this article. The Controller shall apply the criteria of this article in determining whether to allow or deny, in whole or in part, a claim and shall consider the recommendations of the executive director of the commission.
(Amended by Stats. 2022, Ch. 97, Sec. 14. (SB 1497) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 4 - Creation, Membership, and Powers of Commission and Regional Commissions › ARTICLE 4 - Local Coastal Program Implementation Costs › Section 30355.

30355. As used in this article, “certified local coastal program” means any portion of a local coastal program that has been certified.
(Added by Stats. 1979, Ch. 919.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 1 - General › Section 30400.

30400. (a) It is the intent of the Legislature to minimize duplication and conflicts among existing state agencies carrying out their regulatory duties and responsibilities.
(b) In the absence of a specific authorization set forth in this division or any other provision of law or in an agreement entered into with the commission, no state agency, including the Office of Planning and Research, shall exercise any powers or carry out any duties or responsibilities established by this division or by the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or any amendment thereto. The Director of the Office of Planning and Research shall, in carrying out the director’s duties as set forth in Section 30415, ensure that the provisions of this section are carried out.
(Amended by Stats. 2022, Ch. 97, Sec. 15. (SB 1497) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 1 - General › Section 30401.

30401. Except as otherwise specifically provided in this division, enactment of this division does not increase, decrease, duplicate or supersede the authority of any existing state agency.
This chapter shall not be construed to limit in any way the regulatory controls over development pursuant to Chapters 7 (commencing with Section 30600) and 8 (commencing with Section 30700), except that the commission shall not set standards or adopt regulations that duplicate regulatory controls established by any existing state agency pursuant to specific statutory requirements or authorization.
(Amended by Stats. 1991, Ch. 285, Sec. 23.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 1 - General › Section 30403.

30403. It is the intent of the Legislature that the policies of this division and all local coastal programs prepared pursuant to Chapter 6 (commencing with Section 30500) should provide the common assumptions upon which state functional plans for the coastal zone are based in accordance with the provisions of Section 65036 of the Government Code.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 1 - General › Section 30404.

30404. The Natural Resources Agency shall periodically, in the case of the State Energy Resources Conservation and Development Commission, the State Board of Forestry and Fire Protection, the State Water Resources Control Board and the California regional water quality control boards, the State Air Resources Board and air pollution control districts and air quality management districts, the Department of Fish and Wildlife, the Department of Parks and Recreation, the California Geological Survey and the Geologic Energy Management Division in the Department of Conservation, and the State Lands Commission, and may, with respect to any other state agency, submit recommendations designed to encourage the state agency to carry out its functions in a manner consistent with this division. The recommendations may include proposed changes in administrative regulations, rules, and statutes.
(Amended by Stats. 2022, Ch. 97, Sec. 16. (SB 1497) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 2 - State Agencies › Section 30410.

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.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 5 - State Agencies › ARTICLE 2 - State Agencies › Section 30411.

30411. (a) The Department of Fish and Wildlife 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 Wildlife in consultation with the commission and the Division of Boating and Waterways within the Department of Parks and Recreation, 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 Wildlife may identify coastal sites it determines to be appropriate for aquaculture facilities. If the Department of Fish and Wildlife 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 Wildlife for any uses that are consistent with the policies of Chapter 3 (commencing with Section 30200).
(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 law.
(Amended by Stats. 2016, Ch. 86, Sec. 259. (SB 1171) Effective January 1, 2017.)