SB 72 would require that coastal development permit fees collected by the Commission be deposited in the Coastal Access Account, which would be created in the State Coastal Conservancy Fund, for grants to public agencies and nonprofit entities for the development, maintenance, and operation of new and existing facilities that provide public access to the sea. This bill would result in approximately $600,000 being appropriated to public access grants in fiscal year 97-98.
History and Sponsorship: This bill is similar to AB 2445 (McPherson). AB 2445, which did not pass the Legislature, proposed to use coastal development permit fees to fund both coastal access projects and the California Mussel Watch Program. In the 1996-97 Budget Act, the Legislature designated $450,000 for access project grants as a one-time appropriation to the State Coastal Conservancy.
Existing Law: Currently, all coastal development permit fees are collected by the Commission and are deposited in the State General Fund.
Changes in Law Proposed by SB 72: SB 72 would amend Coastal Act section 30620 to require that coastal development permit fees collected by the Commission be deposited in the Coastal Access Account, which would be created in the State Coastal Conservancy Fund, for grants to public agencies and nonprofit entities for the development, maintenance, and operation of new and existing facilities that provide public access to the sea.
Nothing in the bill would change the Commission’s permit fees or regulatory authority.
Discussion: One of the Coastal Act’s primary mandates calls for the protection of and development of public access and recreational opportunities to and along the coast. In carrying out this mandate, the Commission has, in appropriate circumstances, applied conditions to coastal development permits that require permit applicants to record an Offer to Dedicate an access easement (OTD). These OTD’s constitute mitigation for the adverse impacts of the new development on public access opportunities. OTD’s become public accessways when an entity acceptable to the Commission’s Executive Director agrees to operate and maintain the accessway.
Since the Commission began using OTD’s as a mitigation technique, 1269 OTD’s have been recorded. Most OTD’s are available for 21 years and if not accepted within that time frame, the offer expires. While the Commission has entered into a formal agreement with the State Coastal Conservancy so that no OTD’s will expire, most of the OTD’s have not been opened to the public because of lack of funds for the improvement, operation, and maintenance of the accessways.
The Commission currently collects approximately $600,000 in coastal development permit application fees per year, which are deposited in the State’s General Fund. If these monies were designated for use by public agencies and nonprofit organizations to support improvement, operation, and maintenance of public accessways, public access to the coast could be improved significantly with substantial public benefits. Although costs will vary for each OTD, staff estimates that about 20-30 OTD projects could be funded per year by permit fee revenues.
SB 72 would provide up to $600,000 annually to the Coastal Access Account in the State Coastal Conservancy Fund for grants to public agencies and private nonprofit entities. In fiscal year 96-97, the Legislature appropriated $450,000 to the Conservancy for these purposes. The Coastal Commission would not receive any funds from this bill.
Staff recommends that the Commission SUPPORT SB 72. (Adopted 2/05/97)
For more information contact Jeff Stump, Legislative Coordinator, at (916) 445-6067.
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