(1) The California Coastal Act of 1976 regulates development along the state's coast. The act requires that coastal-dependent industrial facilities be encouraged to locate or expand within existing sites and be permitted reasonable long-term growth where consistent with the act, 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 (A) alternative locations are infeasible or more environmentally damaging, (B) to do otherwise would adversely affect the public welfare, and (C) adverse environmental effects are mitigated to the maximum extent feasible.
The act requires that oil and gas development be permitted in accordance with the requirements for coastal-dependent industrial facilities, if specified conditions relating to safety and environmental mitigation are met.
This bill would prohibit new or expanded oil and gas development from being considered a coastal-dependent industrial facility, as provided, and would permit those developments only if they are found to be consistent with all applicable provisions of the Act and certain conditions are met. The bill would authorize the repair and maintenance of existing oil and gas facilities to be permitted in accordance with the requirements for coastal-dependent industrial facilities, but would authorize that permitting only if the repair or maintenance does not result in expansion of capacity of the facility and the same conditions are met.
(2) 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 prohibit new or expanded refineries or petrochemical facilities from being permitted as coastal-dependent industrial facilities, as provided, and would authorize the permitting of those facilities only if they are found to be consistent with all applicable provisions of the act. The bill would authorize the repair and maintenance of existing refineries or petrochemical facilities as coastal-dependent industrial facilities only if specified conditions are met, including that there would be no expansion of capacity. The bill would authorize the development of facilities for the purpose of producing low-carbon fuels at an existing refinery or petrochemical facility in accordance with the requirements for permitting coastal-dependent industrial facilities, subject to these same conditions.
(3) By creating additional duties for local governments, the bill would impose a state-mandated local program.
(4) The act makes legislative findings and declarations relating to the California Coastal Commission and legislative findings and declarations relating to the ports of California, as provided.
This bill would revise these legislative findings and declarations to include provisions relating to offshore wind development and offshore wind energy generation facilities.
(5) 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.
Statutes affected: SB704: 30006.5 PRC, 30260 PRC, 30262 PRC, 30263 PRC, 30701 PRC
02/16/23 - Introduced: 30335.5 PRC
03/27/23 - Amended Senate: 30006.5 PRC, 30006.5 PRC, 30260 PRC, 30260 PRC, 30262 PRC, 30262 PRC, 30263 PRC, 30263 PRC, 30701 PRC, 30701 PRC, 30335.5 PRC
06/20/23 - Amended Assembly: 30006.5 PRC, 30260 PRC, 30262 PRC, 30263 PRC, 30701 PRC
09/06/23 - Amended Assembly: 30006.5 PRC, 30260 PRC, 30262 PRC, 30263 PRC, 30701 PRC
09/14/23 - Enrolled: 30006.5 PRC, 30260 PRC, 30262 PRC, 30263 PRC, 30701 PRC
09/30/23 - Chaptered: 30006.5 PRC, 30260 PRC, 30262 PRC, 30263 PRC, 30701 PRC
SB 704: 30335.5 PRC