SB 1423

Bill Subjects

Abstract

The California Coastal Act of 1976 regulates development along the state's coast and requires that oil and gas development be permitted in certain circumstances. The act requires that coastal-dependent industrial facilities be encouraged to locate or expand within existing sites, and, where new or expanded coastal-dependent industrial facilities cannot feasibly be accommodated consistent with other policies of the act, they may nevertheless be permitted if (1) alternative locations are infeasible or more environmentally damaging, (2) to do otherwise would adversely affect the public welfare, and (3) adverse environmental effects are mitigated to the maximum extent feasible. This bill would, in addition to the requirements listed above, allow permitting of new or expanded coastal-dependent industrial facilities only if the facility is not an oil and gas facility. The act requires that oil and gas development be permitted in accordance with the above-described requirements for coastal-dependent industrial facilities, if specified conditions relating to safety and environmental mitigation are met, as prescribed. This bill would prohibit new or expanded oil and gas development from being considered a coastal-dependent industrial use and would only permit those developments if they are found to be consistent with all applicable provisions of the act. The bill would instead require the repair and maintenance of existing oil and gas facilities to be permitted in accordance with the above-described requirements, if specified conditions are met. The act requires the permitting of new or expanded refineries or petrochemical facilities not otherwise consistent with the act if, among other conditions, it is found that not permitting the development would adversely affect the public welfare. This bill would remove authorization to permit new or expanded refineries or petrochemical facilities that are not consistent with the act. The bill would prohibit new or expanded refineries or petrochemical facilities from being considered a coastal-dependent industrial use and would only authorize the permitting of those facilities if they are found to be consistent with all applicable provisions of the act. The act makes certain findings and declarations related to these provisions. This bill would amend the findings and declarations to replace oil and gas developments and facilities with renewable energy facilities relating to the necessity to locate such developments in the coastal zone. To the extent the bill would create additional duties for local governments, the bill would impose a state-mandated local program. 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.