AB 996: Public Resources: sea level rise plans.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2025-10-03
Current Status:
Passed
(2025-10-03: Chaptered by Secretary of State - Chapter 286, Statutes of 2025.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law requires local governments lying in whole or in part within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission to, on or before January 1, 2034, develop a sea level rise plan with specified required content as part of a local coastal program that is subject to approval by the California Coastal Commission or the San Francisco Bay Conservation and Development Commission.
This bill would authorize the applicable commission, when approving a local coastal plan or an amendment to a local coastal plan, to deem existing sea level rise information or plans prepared by a local government to satisfy the content requirements for a sea level rise plan. The bill would provide that local governments are encouraged, on or before January 1, 2029, to consult with the California Coastal Commission, in a voluntary early consultation, regarding sea level rise plans in the preparation of a local coastal program or an amendment to a local coastal program.
Existing law requires local governments lying in whole or in part within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission to, on or before January 1, 2034, develop a sea level rise plan with specified required content as part of a local coastal program that is subject to approval by the California Coastal Commission or the San Francisco Bay Conservation and Development Commission.
This bill would authorize the applicable commission, when approving a local coastal plan or an amendment to a local coastal plan, to deem existing sea level rise information or plans prepared by a local government to satisfy the content requirements for a sea level rise plan. The bill would provide that local governments are encouraged, on or before January 1, 2029, to consult with the California Coastal Commission, in a voluntary early consultation, regarding sea level rise plans in the preparation of a local coastal program or an amendment to a local coastal program.
Existing law requires local governments lying in whole or in part within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission to, on or before January 1, 2034, develop a sea level rise plan with specified required content as part of a local coastal program that is subject to approval by the California Coastal Commission or the San Francisco Bay Conservation and Development Commission.
This bill would authorize the applicable commission, when approving a local coastal plan or an amendment to a local coastal plan, to deem existing sea level rise information or plans prepared by a local government to satisfy the content requirements for a sea level rise plan. The bill would provide that local governments are encouraged to, encouraged, on or before January 1, 2029, to consult with the commission, California Coastal Commission, in a voluntary early consultation, regarding sea level rise plans in the preparation of a local coastal program or an amendment to a local coastal program.
Existing law, the California Coastal Act of 1976, provides for the protection of Californias coast and requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as specified. The act requires the issuance of a coastal development permit if the proposed development is in conformity with the certified local coastal program. The act provides for the certification of local coastal programs by the California Coastal Commission.
The bill would establish the California Coastal Planning Fund in the State Treasury to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline. The bill would, upon appropriation by the Legislature, make moneys in the fund available to the commission for various state and local costs relating to local coastal program development and sea level rise plans and to administer the fund, as provided. The bill would authorize the commission to expend moneys in the fund to assist specified eligible recipients, including, among others, the San Francisco Bay Conservation and Development Commission, and to take specified action to administer the fund. The bill would authorize the San Francisco Bay Conservation and Development Commission to set appropriate requirements as a condition of funding for moneys provided to it from the fund.
The bill would make findings and declarations related to a gift of public funds.
Existing law requires local governments lying in whole or in part within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission to, on or before January 1, 2034, develop a sea level rise plan with specified required content as part of a local coastal program that is subject to approval by the California Coastal Commission or the San Francisco Bay Conservation and Development Commission.
This bill would authorize the applicable commission, when approving a local coastal plan or an amendment to a local coastal plan, to deem existing sea level rise information or plans prepared by a local government to satisfy the content requirements for a sea level rise plan. The bill would provide that local governments are encouraged to, on or before January 1, 2029, consult with the commission, in a voluntary early consultation, regarding sea level rise plans in the preparation of a local coastal program or an amendment to a local coastal program.
Existing law, the California Coastal Act of 1976, provides for the protection of Californias coast and requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as specified. The act requires the issuance of a coastal development permit if the proposed development is in conformity with the certified local coastal program. The act provides for the certification of local coastal programs by the California Coastal Commission.
The bill would establish the California Coastal Planning Fund in the State Treasury to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline. The bill would, upon appropriation by the Legislature, make moneys in the fund available to the commission for various state and local costs relating to local coastal program development and sea level rise plans and to administer the fund, as provided.
The bill would make findings and declarations related to a gift of public funds.
Existing law requires local governments lying in whole or in part within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission to, on or before January 1, 2034, develop a sea level rise plan with specified required content as part of a local coastal program that is subject to approval by the California Coastal Commission or the San Francisco Bay Conservation and Development Commission.
This bill would authorize the applicable commission, when approving a local coastal plan or an amendment to a local coastal plan, to deem existing sea level rise information or plans prepared by a local government to satisfy the content requirements for a sea level rise plan. The bill would provide that local governments are encouraged to, on or before January 1, 2029, consult with the commission, in a voluntary early consultation, regarding sea level rise plans in the preparation of a local coastal program or an amendment to a local coastal program.
Existing law, the California Coastal Act of 1976, provides for the protection of Californias coast and requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as specified. The act makes various findings and declarations regarding the need to preserve the states natural and scenic resources along the coast and ensure that development in the coastal zone is carefully planned and developed. The act requires the issuance of a coastal development permit if the proposed development is in conformity with the certified local coastal program. The act provides for the certification of local coastal programs by the California Coastal Commission.
The bill would establish the California Coastal Planning Fund in the State Treasury to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline. The bill would, upon appropriation by the Legislature, make moneys in the fund available to the commission for various state and local costs relating to local coastal program development and sea level rise plans and to administer the fund, as provided.
The bill would make findings and declarations related to a gift of public funds.
This bill would provide that it is the intent of the Legislature to enact subsequent legislation related to the California Coastal Act of 1976.Existing law, the California Coastal Act of 1976, provides for the protection of Californias coast and requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as specified. The act makes various findings and declarations regarding the need to preserve the states natural and scenic resources along the coast and ensure that development in the coastal zone is carefully planned and developed.
This bill would provide that it is the intent of the Legislature to enact subsequent legislation related to the California Coastal Act of 1976.
(a)A local government lying, in whole or in part, within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission shall develop a sea level rise plan as part of either of the following, as applicable:
(1)A local coastal program that is subject to approval by the California Coastal Commission consistent with the guidelines established pursuant to subdivision (a) of Section 30985.2.
(2)A subregional San Francisco Bay shoreline resiliency plan that is subject to approval by the San Francisco Bay Conservation and Development Commission consistent with the guidelines established pursuant to subdivision (b) of Section 30985.2.
(b)The sea level rise plan required pursuant to subdivision (a) shall include, at a minimum, all of the following:
(1)The use of the best available science.
(2)A vulnerability assessment that includes efforts to ensure equity for at-risk communities.
(3)Sea level rise adaptation strategies and recommended projects.
(4)Identification of lead planning and implementation agencies.
(5)A timeline for updates, as needed, based on conditions and projections and as determined by the local government in agreement with the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as applicable.
(c)A timeline for sea level rise plan updates, as required pursuant to paragraph (5) of subdivision (b), shall include economic impact analyses of, at a minimum, costs to critical public infrastructure and recommended approaches for implementing the sea level rise adaptation strategies and recommended projects pursuant to paragraph (3) of subdivision (b).
(d)All local governments subject to the requirements of subdivision (a) shall comply with this section by January 1, 2034.
(e)For purposes of this section, critical public infrastructure includes, but is not limited to, transit, roads, airports, ports, water storage, and conveyance, wastewater treatment facilities, landfills, powerplants, and railroads.
(f)The California Coastal Commission or the San Francisco Bay Conservation and Development Commission may deem existing sea level rise information or sea level rise plans prepared by a local government to satisfy one or all of the requirements of subdivisions (b) and (c).
SEC. 2.Section 30985.7 is added to the Public Resources Code, to read:30985.7.(a)A local government is encouraged to consult with the California Coastal Commission, on or before January 1, 2029, in preparation of a local coastal program or an amendment to a local coastal program pursuant to this division to ensure that, upon formal submission of the local coastal program or an amendment to the local coastal program to the California Coastal Commission, the materials are sufficient for a thorough and complete review.
(b)A local governments participation in an early consultation pursuant to this section is voluntary. An early consultation is intended to help a local government to timely meet the requirements of this division. Participation in an early consultation at any time shall not prevent a local government from submitting a sea level rise plan as required by this division.
(c)If a local government seeks to engage in an early consultation at any time with the California Coastal Commission, the following shall occur:
(1)A local government shall initiate the early consultation by notifying California Coastal Commission staff in writing that the local government seeks to engage in a consultation. After providing this notification, the local government shall provide the California Coastal Commission a summary report on the status of its efforts to develop a sea level rise plan pursuant to Section 30985, including any draft components as outlined in subdivisions (b) and (c) of Section 30985, and may provide a draft local coastal program or an amendment to a local coastal program that is intended to satisfy the requirement of paragraph (1) of subdivision (a) of Section 30985.
(2)An early consultation may include a singular meeting or regular meetings. The meeting schedule shall be mutually agreed upon by the local government and the California Coastal Commission.
(3)California Coastal Commission staff shall offer written recommendations to a local government about what may preclude certification of a local coastal program or an amendment to a local coastal program, including, but not limited to, information about what satisfies the requirements of subdivisions (b) and (c) of Section 30985.
(4)California Coastal Commission staff shall provide recommendations in a reasonable timeframe that is mutually agreed upon by both the local government and the commission.
(a)A local government lying, in whole or in part, within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission shall develop a sea level rise plan as part of either of the following, as applicable:
(1)A local coastal program that is subject to approval by the California Coastal Commission consistent with the guidelines established pursuant to subdivision (a) of Section 30985.2.
(2)A subregional San Francisco Bay shoreline resiliency plan that is subject to approval by the San Francisco Bay Conservation and Development Commission consistent with the guidelines established pursuant to subdivision (b) of Section 30985.2.
(b)The sea level rise plan required pursuant to subdivision (a) shall include, at a minimum, all of the following:
(1)The use of the best available science.
(2)A vulnerability assessment that includes efforts to ensure equity for at-risk communities.
(3)Sea level rise adaptation strategies and recommended projects.
(4)Identification of lead planning and implementation agencies.
(5)A timeline for updates, as needed, based on conditions and projections and as determined by the local government in agreement with the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as applicable.
(c)A timeline for sea level rise plan updates, as required pursuant to paragraph (5) of subdivision (b), shall include economic impact analyses of, at a minimum, costs to critical public infrastructure and recommended approaches for implementing the sea level rise adaptation strategies and recommended projects pursuant to paragraph (3) of subdivision (b).
(d)All local governments subject to the requirements of subdivision (a) shall comply with this section by January 1, 2034.
(e)For purposes of this section, critical public infrastructure includes, but is not limited to, transit, roads, airports, ports, water storage, and conveyance, wastewater treatment facilities, landfills, powerplants, and railroads.
(f)The California Coastal Commission or the San Francisco Bay Conservation and Development Commission may deem existing sea level rise information or sea level rise plans prepared by a local government to satisfy one or all of the requirements of subdivisions (b) and (c).
SEC. 2.Section 30985.7 is added to the Public Resources Code, to read:30985.7.(a)A local government is encouraged to consult with the California Coastal Commission, on or before January 1, 2029, in preparation of a local coastal program or an amendment to a local coastal program pursuant to this division to ensure that, upon formal submission of the local coastal program or an amendment to the local coastal program to the California Coastal Commission, the materials are sufficient for a thorough and complete review.
(b)A local governments participation in an early consultation pursuant to this section is voluntary. An early consultation is intended to help a local government to timely meet the requirements of this division. Participation in an early consultation at any time shall not prevent a local government from submitting a sea level rise plan as required by this division.
(c)If a local government seeks to engage in an early consultation at any time with the California Coastal Commission, the following shall occur:
(1)A local government shall initiate the early consultation by notifying California Coastal Commission staff in writing that the local government seeks to engage in a consultation. After providing this notification, the local government shall provide the California Coastal Commission a summary report on the status of its efforts to develop a sea level rise plan pursuant to Section 30985, including any draft components as outlined in subdivisions (b) and (c) of Section 30985, and may provide a draft local coastal program or an amendment to a local coastal program that is intended to satisfy the requirement of paragraph (1) of subdivision (a) of Section 30985.
(2)An early consultation may include a singular meeting or regular meetings. The meeting schedule shall be mutually agreed upon by the local government and the California Coastal Commission.
(3)California Coastal Commission staff shall offer written recommendations to a local government about what may preclude certification of a local coastal program or an amendment to a local coastal program, including, but not limited to, information about what satisfies the requirements of subdivisions (b) and (c) of Section 30985.
(4)California Coastal Commission staff shall provide recommendations in a reasonable timeframe that is mutually agreed upon by both the local government and the commission.
(a)A local government lying, in whole or in part, within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission shall develop a sea level rise plan as part of either of the following, as applicable:
(1)A local coastal program that is subject to approval by the California Coastal Commission consistent with the guidelines established pursuant to subdivision (a) of Section 30985.2.
(2)A subregional San Francisco Bay shoreline resiliency plan that is subject to approval by the San Francisco Bay Conservation and Development Commission consistent with the guidelines established pursuant to subdivision (b) of Section 30985.2.
(b)The sea level rise plan required pursuant to subdivision (a) shall include, at a minimum, all of the following:
(1)The use of the best available science.
(2)A vulnerability assessment that includes efforts to ensure equity for at-risk communities.
(3)Sea level rise adaptation strategies and recommended projects.
(4)Identification of lead planning and implementation agencies.
(5)A timeline for updates, as needed, based on conditions and projections and as determined by the local government in agreement with the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as applicable.
(c)A timeline for sea level rise plan updates, as required pursuant to paragraph (5) of subdivision (b), shall include economic impact analyses of, at a minimum, costs to critical public infrastructure and recommended approaches for implementing the sea level rise adaptation strategies and recommended projects pursuant to paragraph (3) of subdivision (b).
(d)All local governments subject to the requirements of subdivision (a) shall comply with this section by January 1, 2034.
(e)For purposes of this section, critical public infrastructure includes, but is not limited to, transit, roads, airports, ports, water storage, and conveyance, wastewater treatment facilities, landfills, powerplants, and railroads.
(f)The California Coastal Commission or the San Francisco Bay Conservation and Development Commission may deem existing sea level rise information or sea level rise plans prepared by a local government to satisfy one or all of the requirements of subdivisions (b) and (c).
SEC. 3.SEC. 2.Section 30985.7 is added to the Public Resources Code, to read:30985.7.(a)A local government is encouraged to consult with the California Coastal Commission, on or before January 1, 2029, in preparation of a local coastal program or an amendment to a local coastal program pursuant to this division to ensure that, upon formal submission of the local coastal program or an amendment to the local coastal program to the California Coastal Commission, the materials are sufficient for a thorough and complete review.
(b)A local governments participation in an early consultation pursuant to this section is voluntary. An early consultation is intended to help a local government to timely meet the requirements of this division. Participation in an early consultation at any time shall not prevent a local government from submitting a sea level rise plan as required by this division.
(c)If a local government seeks to engage in an early consultation at any time with the California Coastal Commission, the following shall occur:
(1)A local government shall initiate the early consultation by notifying California Coastal Commission staff in writing that the local government seeks to engage in a consultation. After providing this notification, the local government shall provide the California Coastal Commission a summary report on the status of its efforts to develop a sea level rise plan pursuant to Section 30985, including any draft components as outlined in subdivisions (b) and (c) of Section 30985, and may provide a draft local coastal program or an amendment to a local coastal program that is intended to satisfy the requirement of paragraph (1) of subdivision (a) of Section 30985.
(2)An early consultation may include a singular meeting or regular meetings. The meeting schedule shall be mutually agreed upon by the local government and the California Coastal Commission.
(3)California Coastal Commission staff shall offer written recommendations to a local government about what may preclude certification of a local coastal program or an amendment to a local coastal program, including, but not limited to, information about what satisfies the requirements of subdivisions (b) and (c) of Section 30985.
(4)California Coastal Commission staff shall provide recommendations in a reasonable timeframe that is mutually agreed upon by both the local government and the commission.
SEC. 4.The Legislature finds and declares that the addition of Section 30527 to the Public Resources Code serves the public purpose of protecting coastal resources and public accessibility to the coastline and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.(a)The California Coastal Planning Fund is hereby established in the State Treasury to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline. Upon appropriation by the Legislature, moneys deposited into the fund shall be available to the commission to fund the following:
(1)Costs for local governments to prepare, adopt, and revise local coastal programs, consistent with this division.
(2)Costs for local governments to prepare, adopt, and revise sea level rise plans, consistent with Division 20.6.9 (commencing with Section 30985).
(3)Costs for commission staff to review local coastal programs and for the San Francisco Bay Conservation and Development Commission staff to review sea level rise plans, consistent with Division 20.6.9 (commencing with Section 30985). Those costs shall not exceed 20 percent of the annual deposits into the fund.
(b)Consistent with subdivision (a), the commission shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(c)(1)Eligible recipients of funding pursuant to this section shall be local agencies, including cities and counties, the commission, and the San Francisco Bay Conservation and Development Commission.
(2)To be eligible for funding pursuant to this section, grants, loans, contracts, or services provided to a local government shall have a clear and definite purpose associated with the planning efforts required to provide public benefits related to coastal resource protection and public accessibility of the California coast.
(d)The commission may undertake any of the following actions to administer the fund:
(1)Provide for the deposit of any of the following moneys into the fund:
(A)Federal contributions.
(B)Voluntary contributions, gifts, grants, or bequests.
(C)Financial participation by a public agency in an activity authorized for funding from the fund.
(2)Enter into agreements for contributions to the fund from the federal government, local or state agencies, private corporations, and nonprofit organizations.
(3)Direct portions of the fund to a subset of eligible applicants as required or appropriate based on funding source.
(4)Take additional action as may be appropriate for adequate administration and operation of the fund.
(5)Set appropriate requirements as a condition of funding. funding. This paragraph does not apply to funding provided to the San Francisco Bay Conservation and Development Commission pursuant to paragraph (1) of subdivision (c).
(e)The San Francisco Bay Conservation and Development Commission may set appropriate requirements, consistent with this section, as a condition of funding provided pursuant to paragraph (1) of subdivision (c).
(e)(f)Actions to administer the fund, and implement or interpret this section, are not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(f)(g)This section does not expand any obligation of the state to provide resources for the provisions of this article or to require the expenditure of additional resources beyond the amount of moneys deposited into the fund.
SEC. 2.Section 30985 of the Public Resources Code is amended to read:30985.(a)A local government lying, in whole or in part, within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission shall develop a sea level rise plan as part of either of the following, as applicable:
(1)A local coastal program that is subject to approval by the California Coastal Commission consistent with the guidelines established pursuant to subdivision (a) of Section 30985.2.
(2)A subregional San Francisco Bay shoreline resiliency plan that is subject to approval by the San Francisco Bay Conservation and Development Commission consistent with the guidelines established pursuant to subdivision (b) of Section 30985.2.
(b)The sea level rise plan required pursuant to subdivision (a) shall include, at a minimum, all of the following:
(1)The use of the best available science.
(2)A vulnerability assessment that includes efforts to ensure equity for at-risk communities.
(3)Sea level rise adaptation strategies and recommended projects.
(4)Identification of lead planning and implementation agencies.
(5)A timeline for updates, as needed, based on conditions and projections and as determined by the local government in agreement with the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as applicable.
(c)A timeline for sea level rise plan updates, as required pursuant to paragraph (5) of subdivision (b), shall include economic impact analyses of, at a minimum, costs to critical public infrastructure and recommended approaches for implementing the sea level rise adaptation strategies and recommended projects pursuant to paragraph (3) of subdivision (b).
(d)All local governments subject to the requirements of subdivision (a) shall comply with this section by January 1, 2034.
(e)For purposes of this section, critical public infrastructure includes, but is not limited to, transit, roads, airports, ports, water storage, and conveyance, wastewater treatment facilities, landfills, powerplants, and railroads.
(f)The California Coastal Commission or the San Francisco Bay Conservation and Development Commission may deem existing sea level rise information or sea level rise plans prepared by a local government to satisfy one or all of the requirements of subdivisions (b) and (c).
SEC. 3.Section 30985.7 is added to the Public Resources Code, to read:30985.7.(a)A local government is encouraged to consult with the California Coastal Commission, on or before January 1, 2029, in preparation of a local coastal program or an amendment to a local coastal program pursuant to this division to ensure that, upon formal submission of the local coastal program or an amendment to the local coastal program to the California Coastal Commission, the materials are sufficient for a thorough and complete review.
(b)A local governments participation in an early consultation pursuant to this section is voluntary. An early consultation is intended to help a local government to timely meet the requirements of this division. Participation in an early consultation at any time shall not prevent a local government from submitting a sea level rise plan as required by this division.
(c)If a local government seeks to engage in an early consultation at any time with the California Coastal Commission, the following shall occur:
(1)A local government shall initiate the early consultation by notifying California Coastal Commission staff in writing that the local government seeks to engage in a consultation. After providing this notification, the local government shall provide the California Coastal Commission a summary report on the status of its efforts to develop a sea level rise plan pursuant to Section 30985, including any draft components as outlined in subdivisions (b) and (c) of Section 30985, and may provide a draft local coastal program or an amendment to a local coastal program that is intended to satisfy the requirement of paragraph (1) of subdivision (a) of Section 30985.
(2)An early consultation may include a singular meeting or regular meetings. The meeting schedule shall be mutually agreed upon by the local government and the California Coastal Commission.
(3)California Coastal Commission staff shall offer written recommendations to a local government about what may preclude certification of a local coastal program or an amendment to a local coastal program, including, but not limited to, information about what satisfies the requirements of subdivisions (b) and (c) of Section 30985.
(4)California Coastal Commission staff shall provide recommendations in a reasonable timeframe that is mutually agreed upon by both the local government and the commission.
SEC. 4.The Legislature finds and declares that the addition of Section 30527 to the Public Resources Code serves the public purpose of protecting coastal resources and public accessibility to the coastline and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
(a)The California Coastal Planning Fund is hereby established in the State Treasury to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline. Upon appropriation by the Legislature, moneys deposited into the fund shall be available to the commission to fund the following:
(1)Costs for local governments to prepare, adopt, and revise local coastal programs, consistent with this division.
(2)Costs for local governments to prepare, adopt, and revise sea level rise plans, consistent with Division 20.6.9 (commencing with Section 30985).
(3)Costs for commission staff to review local coastal programs and for the San Francisco Bay Conservation and Development Commission staff to review sea level rise plans, consistent with Division 20.6.9 (commencing with Section 30985). Those costs shall not exceed 20 percent of the annual deposits into the fund.
(b)Consistent with subdivision (a), the commission shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(c)(1)Eligible recipients of funding pursuant to this section shall be local agencies, including cities and counties, the commission, and the San Francisco Bay Conservation and Development Commission.
(2)To be eligible for funding pursuant to this section, grants, loans, contracts, or services provided to a local government shall have a clear and definite purpose associated with the planning efforts required to provide public benefits related to coastal resource protection and public accessibility of the California coast.
(d)The commission may undertake any of the following actions to administer the fund:
(1)Provide for the deposit of any of the following moneys into the fund:
(A)Federal contributions.
(B)Voluntary contributions, gifts, grants, or bequests.
(C)Financial participation by a public agency in an activity authorized for funding from the fund.
(2)Enter into agreements for contributions to the fund from the federal government, local or state agencies, private corporations, and nonprofit organizations.
(3)Direct portions of the fund to a subset of eligible applicants as required or appropriate based on funding source.
(4)Take additional action as may be appropriate for adequate administration and operation of the fund.
(5)Set appropriate requirements as a condition of funding.
(e)Actions to administer the fund, and implement or interpret this section, are not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(f)This section does not expand any obligation of the state to provide resources for the provisions of this article or to require the expenditure of additional resources beyond the amount of moneys deposited into the fund.
SEC. 2.Section 30985 of the Public Resources Code is amended to read:30985.(a)A local government lying, in whole or in part, within the coastal zone or within the jurisdiction of the San Francisco Bay Conservation and Development Commission shall develop a sea level rise plan as part of either of the following, as applicable:
(1)A local coastal program that is subject to approval by the California Coastal Commission consistent with the guidelines established pursuant to subdivision (a) of Section 30985.2.
(2)A subregional San Francisco Bay shoreline resiliency plan that is subject to approval by the San Francisco Bay Conservation and Development Commission consistent with the guidelines established pursuant to subdivision (b) of Section 30985.2.
(b)The sea level rise plan required pursuant to subdivision (a) shall include, at a minimum, all of the following:
(1)The use of the best available science.
(2)A vulnerability assessment that includes efforts to ensure equity for at-risk communities.
(3)Sea level rise adaptation strategies and recommended projects.
(4)Identification of lead planning and implementation agencies.
(5)A timeline for updates, as needed, based on conditions and projections and as determined by the local government in agreement with the California Coastal Commission or the San Francisco Bay Conservation and Development Commission, as applicable.
(c)A timeline for sea level rise plan updates, as required pursuant to paragraph (5) of subdivision (b), shall include economic impact analyses of, at a minimum, costs to critical public infrastructure and recommended approaches for implementing the sea level rise adaptation strategies and recommended projects pursuant to paragraph (3) of subdivision (b).
(d)All local governments subject to the requirements of subdivision (a) shall comply with this section by January 1, 2034.
(e)For purposes of this section, critical public infrastructure includes, but is not limited to, transit, roads, airports, ports, water storage, and conveyance, wastewater treatment facilities, landfills, powerplants, and railroads.
(f)The California Coastal Commission or the San Francisco Bay Conservation and Development Commission may deem existing sea level rise information or sea level rise plans prepared by a local government to satisfy one or all of the requirements of subdivisions (b) and (c).
SEC. 3.Section 30985.7 is added to the Public Resources Code, to read:30985.7.(a)A local government is encouraged to consult with the California Coastal Commission, on or before January 1, 2029, in preparation of a local coastal program or an amendment to a local coastal program pursuant to this division to ensure that, upon formal submission of the local coastal program or an amendment to the local coastal program to the California Coastal Commission, the materials are sufficient for a thorough and complete review.
(b)A local governments participation in an early consultation pursuant to this section is voluntary. An early consultation is intended to help a local government to timely meet the requirements of this division. Participation in an early consultation at any time shall not prevent a local government from submitting a sea level rise plan as required by this division.
(c)If a local government seeks to engage in an early consultation at any time with the California Coastal Commission, the following shall occur:
(1)A local government shall initiate the early consultation by notifying California Coastal Commission staff in writing that the local government seeks to engage in a consultation. After providing this notification, the local government shall provide the California Coastal Commission a summary report on the status of its efforts to develop a sea level rise plan pursuant to Section 30985, including any draft components as outlined in subdivisions (b) and (c) of Section 30985, and may provide a draft local coastal program or an amendment to a local coastal program that is intended to satisfy the requirement of paragraph (1) of subdivision (a) of Section 30985.
(2)An early consultation may include a singular meeting or regular meetings. The meeting schedule shall be mutually agreed upon by the local government and the California Coastal Commission.
(3)California Coastal Commission staff shall offer written recommendations to a local government about what may preclude certification of a local coastal program or an amendment to a local coastal program, including, but not limited to, information about what satisfies the requirements of subdivisions (b) and (c) of Section 30985.
(4)California Coastal Commission staff shall provide recommendations in a reasonable timeframe that is mutually agreed upon by both the local government and the commission.
SEC. 2.SEC. 4.The Legislature finds and declares that the addition of Section 30527 to the Public Resources Code serves the public purpose of protecting coastal resources and public accessibility to the coastline and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
(a)The California Coastal Planning Fund is hereby established in the State Treasury to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline. Upon appropriation by the Legislature, moneys deposited into the fund shall be available to the commission to fund the following:
(1)Costs for local governments to prepare, adopt, and revise local coastal programs, consistent with this division.
(2)Costs for local governments to prepare, adopt, and revise sea level rise plans, consistent with Division 20.6.9 (commencing with Section 30985).
(3)Costs for commission staff to review local coastal programs and for the San Francisco Bay Conservation and Development Commission staff to review sea level rise plans, consistent with Division 20.6.9 (commencing with Section 30985). Those costs shall not exceed 20 percent of the annual deposits into the fund.
(b)Consistent with subdivision (a), the commission shall expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
(c)(1)Eligible recipients of funding pursuant to this section shall be local agencies, including cities and counties, the commission, and the San Francisco Bay Conservation and Development Commission.
(2)To be eligible for funding pursuant to this section, grants, loans, contracts, or services provided to a local government shall have a clear and definite purpose associated with the planning efforts required to provide public benefits related to coastal resource protection and public accessibility of the California coast.
(d)The commission may undertake any of the following actions to administer the fund:
(1)Provide for the deposit of any of the following moneys into the fund:
(A)Federal contributions.
(B)Voluntary contributions, gifts, grants, or bequests.
(C)Financial participation by a public agency in an activity authorized for funding from the fund.
(2)Enter into agreements for contributions to the fund from the federal government, local or state agencies, private corporations, and nonprofit organizations.
(3)Direct portions of the fund to a subset of eligible applicants as required or appropriate based on funding source.
(4)Take additional action as may be appropriate for adequate administration and operation of the fund.
(5)Set appropriate requirements as a condition of funding.
(e)Actions to administer the fund, and implement or interpret this section, are not subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(f)This section does not expand any obligation of the state to provide resources for the provisions of this article or to require the expenditure of additional resources beyond the amount of moneys deposited into the fund.
SEC. 2.The Legislature finds and declares that the addition of Section 30527 to the Public Resources Code serves the public purpose of protecting coastal resources and public accessibility to the coastline and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
SECTION 1.It is the intent of the Legislature to enact subsequent legislation related to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)) of the Public Resources Code.It is the intent of the Legislature to enact subsequent legislation related to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)) of the Public Resources Code.
|
Date
|
Status
|
|---|---|
| Oct 3, 2025 | Chaptered by Secretary of State - Chapter 286, Statutes of 2025. |
| Oct 3, 2025 | Approved by the Governor. |
| Sep 11, 2025 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 4, 2025 | In Assembly. Ordered to Engrossing and Enrolling. |
| Sep 4, 2025 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2522.). |
| Sep 2, 2025 | Ordered to special consent calendar. |
| Aug 29, 2025 | Read second time. Ordered to third reading. |
| Aug 29, 2025 | From committee: Do pass. (Ayes 7. Noes 0.) (August 29). |
| Jul 7, 2025 | In committee: Referred to APPR. suspense file. |
| Jun 24, 2025 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 24). Re-referred to Com. on APPR. |
| Jun 11, 2025 | Referred to Com. on N.R. & W. |
| Jun 3, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 2, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1913.) |
| May 27, 2025 | Read second time. Ordered to third reading. |
| May 23, 2025 | Read second time and amended. Ordered returned to second reading. |
| May 23, 2025 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 23). |
| May 23, 2025 | Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.) |
| May 14, 2025 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 1, 2025 | Re-referred to Com. on APPR. |
| Apr 30, 2025 | Read second time and amended. |
| Apr 29, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 28). |
| Apr 22, 2025 | Re-referred to Com. on NAT. RES. |
| Apr 21, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 11, 2025 | Re-referred to Com. on NAT. RES. |
| Mar 10, 2025 | Referred to Com. on NAT. RES. |
| Mar 10, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Feb 21, 2025 | From printer. May be heard in committee March 23. |
| Feb 20, 2025 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 4, 2025 | Special Consent AB996 Pellerin | Senate Floor |
Passed |
|
| Aug 29, 2025 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 7, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 24, 2025 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| Jun 2, 2025 | AB 996 Pellerin Assembly Third Reading | Assembly Floor |
Passed |
|
| May 23, 2025 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2025 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Natural Resources |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Planning Association, California Chapter | ** Support | |
| California Legislative Central Coast Caucus | ** Support | |
| California State Association Of Counties | ** Support | |
| City of Arcata | ** Support | |
| City of Avalon | ** Support | |
| City of Benicia | ** Support | |
| city of carlsbad | ** Support | |
| City of Fairfield | ** Support | |
| City of Long Beach | ** Support | |
| City of Manhattan Beach | ** Support | |
| City of Marina | ** Support | |
| City of Milpitas | ** Support | |
| City of Mountain View | ** Support | |
| City Of Newark | ** Support | |
| City of Pacifica | ** Support | |
| City of Petaluma | ** Support | |
| City Of Pinole | ** Support | |
| City of Pismo Beach | ** Support | |
| City of Redondo Beach | ** Support | |
| City of San Jose | ** Support | |
| City of San Rafael | ** Support | |
| City of Santa Barbara | ** Support | |
| City of Santa Cruz | ** Support | |
| City of Sausalito | ** Support | |
| City of South San Francisco | ** Support | |
| City of Suisun City | ** Support | |
| City of Sunnyvale | ** Support | |
| County of Santa Cruz | ** Support | |
| League Of California Cities | ** Support | |
| Sierra Club California | ** Support | |
| town of corte madera | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 996 |
THIRD READING
Bill No: AB 996
Author: Pellerin (D)
Amended: 5/23/25 in Assembly
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 7-0, 6/24/25
AYES: Limón, Seyarto, Allen, Grove, Hurtado, Laird, Stern
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25
AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 75-0, 6/2/25 - See last page for vote
SUBJECT: Public Resources: sea level rise plans
SOURCE: League of California Cities
DIGEST:
This bill establishes an early consultation framework between a local government and the California Coastal Commission (commission) prior to a local government’s submission of a local coastal program (LCP) or LCP amendment in order to facilitate commission certification of the LCP or LCP amendment, including to meet sea level rise planning requirements, as provided.
ANALYSIS:
Existing law:
- Establishes the California Coastal Act of 1976 (Coastal Act) (Public Resources Code (PRC) §§30000 et seq.) which:
- Requires each local government in the coastal zone to prepare a LCP for that portion of the coastal zone within its jurisdiction, as provided. Requires the precise content of each LCP to be determined by the local government in full consultation with the commission and full public participation. (PRC §30500)
- Provides for the planning and regulation of development within the coastal zone.
- A person planning to perform or undertake any development in the coastal zone is required to obtain a CDP from the commission or local government enforcing a LCP certified by the commission.
- The coastal zone means the coastal land and waters of California, and includes the lands that extend inland generally 1,000 yards from the mean high tide line, as specified, with various exceptions including the San Francisco Bay.
- Development means, among other things, the placement or erection of any solid material or structure on land or in water.
- Requires the commission to take into account the effects of sea level rise in coastal resources planning and management policies and activities in order to identify, assess, and, to the extent feasible, avoid and mitigate the adverse effects of sea level rise. (PRC §30270)
- Establishes the San Francisco Bay Conservation and Development Commission (BCDC): (Government Code (GOV) §§66600 et seq.)
- BCDC, among other things, is required to address emerging issues and to implement comprehensive plans for the preservation and protection of San Francisco Bay and the Suisun Marsh, including preparedness for, and resilience to, rising sea levels, tides, and storm surge due to climate change. BCDC has adopted the San Francisco Bay Plan, which is a comprehensive plan that addresses the development of the bay and shoreline.
- Requires a local government lying within the coastal zone or the San Francisco Bay shoreline to develop a sea level rise plan as part of a LCP or subregional San Francisco Bay shoreline resiliency plan subject to BCDC’s approval.
- Requires the sea level rise plan to include the use of best available science, a vulnerability assessment to ensure equity for at-risk communities, sea level rise adaptation strategies and recommended projects, identification of lead planning and implementation agencies, and a timeline for updates to the plan. Requires that the timeline include economic impact analyses of costs to critical public infrastructure and recommended approaches for implementing sea level rise, as provided.
- Requires local governments to comply by January 1, 2034. Requires the commission and BCDC to establish guidelines for the sea level rise plan, as provided.
- Requires local governments that receive commission or BCDC approval of their sea level rise plans be prioritized for funding, subject to appropriation, for the implementation of sea level rise adaptation strategies and recommended projects in the approval sea level rise plan. (PRC §§30985, 30985.2, 30985.5)
This bill:
- Encourages a local government to consult with the commission, on or before January 1, 2029, on the preparation of a LCP or LCP amendment in order to ensure that the materials provided in the formal submission of the LCP or LCP amendment are sufficient for a thorough and complete review.
- Provides that participation by a local government in an early consultation is voluntary, intended to help a local government meet Coastal Act requirements in a timely manner, and does not prevent a local government from submitting a sea level rise plan as required.
- Requires, if a local government seeks to engage in an early consultation with the commission, that:
- The local government initiate the early consultation by notifying the commission in writing;
- The local government provide to the commission a summary report on the status of its efforts to develop a sea level rise plan, including any draft components of the plan, and authorize the local government to provide a draft LCP or LCP amendment intended to satisfy sea level rise planning requirements, as specified;
- An early consultation is authorized to include a single meeting or regular meetings on a schedule that is mutually agreed upon, as provided;
- The commission is required to provide written recommendations to a local government about what may preclude LCP or LCP amendment certification, including, but not limited to, sea level rise plan requirements; and
- The commission is required to provide recommendations in a reasonable mutually agreed upon timeframe.
- Authorizes the commission and BCDC to deem existing sea level rise information or sea level rise plans prepared by a local government to satisfy one or all of the requirements for the sea level rise plan and timeline for sea level rise plan updates, as specified.
[NOTE: See the Senate Natural Resources and Water Committee’s analysis for additional information.]
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- The Coastal Commission estimates ongoing costs of approximately $980,000 annually (Environmental License Plate Fund [ELPF], Greenhouse Gas Reduction Fund [GGRF], General Fund, or other special fund) and five positions to regularly coordinate with local governments and provide written comments and recommendations on all submitted draft planning products.
- Unknown but likely significant ongoing cost pressures (various funds) to provide funding to assist local governments in preparing, adopting, and revising LCPs and SLR plans and to assist staff at the Coastal Commission and the San Francisco Bay Conservation & Development Commission (BCDC) in reviewing plans.
SUPPORT: (Verified 8/29/25)
League of California Cities (source)
American Planning Association, California Chapter
California Legislative Central Coast Caucus
California State Association of Counties
City of Arcata
City of Avalon
City of Benicia
City of Carlsbad
City of Fairfield
City of Long Beach
City of Manhattan Beach
City of Marina
City of Milpitas
City of Mountain View
City of Newark
City of Pacifica
City of Petaluma
City of Pismo Beach
City of Pinole
City of Redondo Beach
City of San Jose
City of San Rafael
City of Santa Barbara
City of Santa Cruz
City of Sausalito
City of South San Francisco
City of Suisun City
City of Sunnyvale
County of Santa Cruz
Sierra Club California
Town of Corte Madera
OPPOSITION: (Verified 8/29/25)
None received
ARGUMENTS IN SUPPORT: According to the author, “Due to recent legislation which requires Local Coastal Programs (LCPs) to include robust sea level rise planning by 2034, coastal jurisdictions are anticipating new and updated LCPs to be submitted to the California Coastal Commission around the same time. This has the potential for causing a bottleneck in the review and certification process. AB 996 would encourage local governments to engage in early consultation with the Coastal Commission before they finalize and submit their LCPs for Commission certification.”
ASSEMBLY FLOOR: 75-0, 6/2/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Ellis, Macedo, Patterson, Tangipa
Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116
8/30/25 12:31:26
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Monique Limón, Chair
2025 - 2026 Regular
Bill No: AB 996 Hearing Date: June 24, 2025
Author: | |||
Version: | amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Public Resources: sea level rise plans
SUMMARY
This bill would establish an early consultation framework between a local government and the California Coastal Commission (commission) prior to a local government’s submission of a local coastal program (LCP) or LCP amendment in order to facilitate commission certification of the LCP or LCP amendment, including to meet sea level rise planning requirements, as provided.
BACKGROUND AND EXISTING LAW
Sea level rise
According to the commission, sea level rise poses an immediate and real threat to coastal ecosystems, livelihoods and economies, public access to the coast, recreation, private property, public infrastructure, water supplies, and the well-being and safety of coastal communities, including vulnerable populations. The sea level along the state’s coastline is currently predicted to most likely rise by 1 to 6.6 feet by 2100. The most damage will continue to likely be caused by large storm events in combination with high tides and large waves. These damaging impacts will become more frequent and more severe from 2050 on.
Strong winter storms in the last few years have already caused significant damage in coastal areas. For example, in late December 2024, a 150 foot section of the Santa Cruz Wharf collapsed after being hit by large waves associated with a storm. That portion of the wharf had already been closed for construction because of previous storm damage.
Sea level rise will have numerous potential economic and social impacts to the state. Many aspects of the coastal economy, as well as California’s broader economy, are at risk from sea level rise, including coastal-related tourism, beach and ocean recreational activities, transfer of goods and services through ports and transportation networks, coastal agriculture, and commercial fishing. Importantly, sea level rise will exacerbate burdens already felt among vulnerable environmental justice and tribal communities.
According to the National Oceanic and Atmospheric Administration, well over half of the state’s population (over 26 million people (2015 data)) and a significant fraction of its economy is located in coastal counties. In 2020, California’s marine economy supported over 26,000 businesses employing over 470,000 people, which accounted for $23.1 billion in wages and $41.9 billion in gross domestic product.
Examples of specific estimated sea level rise impacts include:
- According to data generated by the US Geological Survey’s (USGS’s) sea level rise tool, property worth $176 billion is at risk from about 6-1/2 feet of sea level rise in the state. This represents almost 200,000 housing units, over 440,000 residents, and over 470,000 employees. This property also includes over 3,500 miles of roads, 289 miles of railroad, 24 wastewater treatment plants, 32 drinking water plants, and 18 solid waste landfills.
- The Fourth California Climate Assessment found that statewide damages could reach nearly $17.9 billion from inundation of development with ~20 inches of sea level rise, and those damages would double with the addition of a 100-year flood.
- A USGS study found that in Southern California alone, sea level rise of 3 to 6 feet could cause up to two-thirds of beaches to disappear if no actions are taken.
- Sea level rise could result in the loss of most of the state’s salt marshes with a corresponding decrease in the populations of species that depend upon those marshes for habitat. Coastal bluffs will also continue to erode.
Some common adaptation actions include armoring with seawalls and revetments, which have commonly been employed to protect infrastructure. Other strategies include sand replenishment of beaches, implementing nature-based adaptation strategies such as restoring coastal wetlands, and using native vegetation that could mitigate erosion and enhance the resilience of coastal ecosystems. According to a study cited by the commission in its recently updated sea level rise guidance document, there is compelling evidence of the value of proactive planning to prepare for sea level rise. One study found that the cost of doing nothing exceeds the costs associated with adapting to sea level rise by about 4 – 10 times. In addition, the costs to keep infrastructure safe in vulnerable areas could eventually exceed the costs of relocation.
SB 272 (Laird, Chapter 384, Statutes of 2023)
In order to ensure proactive sea level rise planning occurs in the state, SB 272 (Laird, Chapter 384, Statutes of 2023) requires local governments along the coastline, including San Francisco Bay, to develop a sea level rise plan by January 1, 2034 as part of either a LCP submitted to the commission or a shoreline resiliency plan submitted to the San Francisco Bay Conservation and Development Commission (BCDC). Local governments with approved sea level rise plans are prioritized for funding, subject to appropriation, for the implementation of identified sea level rise adaptation strategies and recommended projects identified in their plans. The commission and BCDC were required to provide guidelines for preparation of the sea level rise plans by December 31, 2024.
SB 272 built upon the goals established in SB 1 ((Atkins), Chapter 236, Statutes of 2021) to help coordinate and fund state efforts to prepare for sea level rise associated with climate change, among other things.
The state’s coastal agencies
In 1965, the McAteer-Petris Act (Government Code (GOV) §§66600 et seq.) established BCDC. Although created as a temporary state agency, BCDC was made permanent in 1969 following the completion of the San Francisco Bay Plan, a comprehensive plan that addresses the development of the bay and shoreline. Since 2008, BCDC has been the state agency responsible for leading the San Francisco Bay area’s preparedness for, and resilience to, rising sea levels, tides, and storm surge due to climate change. In December 2024, BCDC approved guidance in order to comply with SB 272’s directive.
The commission was established by voter initiative in 1972. The Legislature later made the commission permanent through the adoption of the California Coastal Act of 1976 (Coastal Act) (Public Resources Code (PRC) §§30000 et seq.). The commission plans for and regulates the use of land and water in the coastal zone (which excludes BCDC’s jurisdiction in the San Francisco Bay).
Development activities in the coastal zone generally require a coastal development permit (CDP) issued by the commission or by a local government with a LCP certified by the commission. Coastal Act policies are the standards the commission uses to determine the permissibility of proposed developments subject to its jurisdiction.
In November 2024, the commission adopted updated Sea Level Rise Policy Guidance. The Guidance includes guiding principles for addressing sea level rise in the coastal zone, a discussion of the best available science, step-by-step guidance for addressing sea level rise in LCPs and CDPs, including implementation of SB 272, and possible adaptation strategies, and other provisions.
Existing law:
- Establishes the Coastal Act which:
- Establishes the commission in the California Natural Resources Agency.
- Requires each local government in the coastal zone to prepare a LCP for that portion of the coastal zone within its jurisdiction, as provided. Requires the precise content of each LCP to be determined by the local government in full consultation with the commission and full public participation. (PRC §30500)
- Provides for the planning and regulation of development within the coastal zone.
- A person planning to perform or undertake any development in the coastal zone is required to obtain a CDP from the commission or local government enforcing a LCP certified by the commission.
- The coastal zone means the coastal land and waters of California, and includes the lands that extend inland generally 1,000 yards from the mean high tide line, as specified, with various exceptions including the San Francisco Bay.
- Development means, among other things, the placement or erection of any solid material or structure on land or in water.
- Requires the commission to take into account the effects of sea level rise in coastal resources planning and management policies and activities in order to identify, assess, and, to the extent feasible, avoid and mitigate the adverse effects of sea level rise. (PRC §30270)
- Establishes BCDC: (GOV §§66600 et seq.)
- BCDC, among other things, is required to address emerging issues and to implement comprehensive plans for the preservation and protection of San Francisco Bay and the Suisun Marsh, including preparedness for, and resilience to, rising sea levels, tides, and storm surge due to climate change. BCDC has adopted the San Francisco Bay Plan, which is a comprehensive plan that addresses the development of the bay and shoreline.
- Requires a local government lying within the coastal zone or the San Francisco Bay shoreline to develop a sea level rise plan as part of a LCP or subregional San Francisco Bay shoreline resiliency plan subject to BCDC’s approval.
- Requires the sea level rise plan to include the use of best available science, a vulnerability assessment to ensure equity for at-risk communities, sea level rise adaptation strategies and recommended projects, identification of lead planning and implementation agencies, and a timeline for updates to the plan. Requires that the timeline include economic impact analyses of costs to critical public infrastructure and recommended approaches for implementing sea level rise, as provided.
- Requires local governments to comply by January 1, 2034.
- Requires the commission and BCDC to establish guidelines for the sea level rise plan, as provided.
- Requires local governments that receive commission or BCDC approval of their sea level rise plans be prioritized for funding, subject to appropriation, for the implementation of sea level rise adaptation strategies and recommended projects in the approval sea level rise plan. (PRC §§30985, 30985.2, 30985.5)
PROPOSED LAW
This bill would establish an early consultation framework between a local government and the commission prior to a local government’s submission of a LCP or LCP amendment in order to facilitate commission certification of the LCP or LCP amendment, including to meet sea level rise planning requirements, as provided.
Specifically, this bill would:
- Encourage a local government to consult with the commission, on or before January 1, 2029, on the preparation of a LCP or LCP amendment in order to ensure that the materials provided in the formal submission of the LCP or LCP amendment are sufficient for a thorough and complete review.
- Provide that participation by a local government in an early consultation is voluntary, intended to help a local government meet Coastal Act requirements in a timely manner, and does not prevent a local government from submitting a sea level rise plan as required.
- Require, if a local government seeks to engage in an early consultation with the commission, that:
- The local government initiate the early consultation by notifying the commission in writing;
- The local government provide to the commission a summary report on the status of its efforts to develop a sea level rise plan, including any draft components of the plan, and authorize the local government to provide a draft LCP or LCP amendment intended to satisfy sea level rise planning requirements, as specified;
- An early consultation is authorized to include a single meeting or regular meetings on a schedule that is mutually agreed upon, as provided;
- The commission is required to provide written recommendations to a local government about what may preclude LCP or LCP amendment certification, including, but not limited to, sea level rise plan requirements; and
- The commission is required to provide recommendations in a reasonable mutually agreed upon timeframe.
- Authorize the commission and BCDC to deem existing sea level rise information or sea level rise plans prepared by a local government to satisfy one or all of the requirements for the sea level rise plan and timeline for sea level rise plan updates, as specified.
ARGUMENTS IN SUPPORT
According to the author, “Due to recent legislation which requires Local Coastal Programs (LCPs) to include robust sea level rise planning by 2034, coastal jurisdictions are anticipating new and updated LCPs to be submitted to the California Coastal Commission around the same time. This has the potential for causing a bottleneck in the review and certification process. AB 996 would encourage local governments to engage in early consultation with the Coastal Commission before they finalize and submit their LCPs for Commission certification.”
ARGUMENTS IN OPPOSITION
None received
COMMENTS
Benefits of early consultation. As noted in the background, the potential impacts of sea level rise on the state’s coastline are anticipated to be extensive with significant damage, loss, and expense anticipated to public safety, infrastructure, and the environment, among other things. Setting goals and deadlines for sea level rise planning to be completed will help prioritize adaptation efforts and promote resiliency. The potential benefit of voluntary early consultation between a local government and the commission will be to help facilitate development of a sea level rise plan as efficiently in time and investment as possible. To be sure, informal discussion between a local government and the commission is already encouraged and already occurs. In addition and discussed further below, the commission provides grants for the development of LCPs and LCP amendments to local jurisdictions.
Funding for sea level rise planning. The commission’s LCP Local Assistance Grant Program, which pre-dates SB 1, provides grants to support local governments in completing or updating LCPs, with special emphasis on planning for sea level rise and climate change. As of April 2024, 34 local governments have completed commission-funded vulnerability assessments, and 18 have completed grant-funded adaptation planning studies. Twelve have used that information to update their LCP’s Land Use Plan or Implementation Plans. In 2021, the Legislature approved a one-time, $30 million General Fund augmentation as part of the budget surplus. The commission has an approximate $4 million balance remaining. There has not been a line-item appropriation since 2021 due to the 2021 General Fund appropriation.
In November 2024, voters approved Proposition 4 to authorize, among many other things, $75 million for SB 1 implementation. Some of these funds, upon appropriation, may be used to fund sea level rise projects.
SB 272 implementation. Since SB 272 was enacted, no LCP has been certified as meeting the sea level rise requirements, and no subregional shoreline adaptation plan has been submitted to BCDC for review, although development of these plans likely takes longer than the amount of time that SB 272 has been in effect thus far.
According to the Assembly Natural Resources Committee, 45 of the 55 local Bay Area jurisdictions in BCDC authority have some level of sea level rise planning in their General Plan. In December 2024, BCDC adopted its Regional Shoreline Adaptation Plan to provide guidelines to local governments for fulfilling the requirements of SB 272, and will be rolling out a technical assistance program over the next two years to its local jurisdictions to complete their subregional plans.
For jurisdictions in the coastal zone, the situation is more complicated. Eighty-five percent of the coastal zone is governed by a local LCP, meaning some coastal cities have a LCP, and some do not. Further, some LCPs may be more current; others may not have been certified in years, which could necessitate more comprehensive updates to the LCP when amending the LCP to meet the SB 272 mandate.
Recent related legislation.
SB 272 (Laird, Chapter 384, Statutes of 2023) requires a local government in the coastal zone or within the San Francisco Bay to develop a sea level rise plan as part of either a LCP or a shoreline resiliency plan that includes certain information, including sea level rise adaptation strategies and recommended projects; requires local governments to comply by January 1, 2034, as specified; and prioritizes funding for implementation of sea level rise adaptation strategies in approved plans, among other things.
AB 225 (Grayson, Chapter 420, Statutes of 2023) requires, as resources are available, a Department of Real Estate booklet for consumers on common environmental hazards, at its next update, include information on sea level rise, among other things.
SB 852 (Dodd, Chapter 266, Statutes of 2022) authorizes certain government entities to form a climate resilience district for the purposes of raising and allocating funding for eligible projects, including project operating expenses, among other things. Eligible projects would include those that address sea level rise.
SB 867 (Laird, 2022) would have required local governments in the coastal zone or within the jurisdiction of BCDC to implement sea level rise planning and adaptation, as specified, and would have prioritized funding for local government projects implementing an approved sea level rise adaptation plan, among other things. (This bill was vetoed by Governor Newsom.)
SB 1078 (Allen, 2022) would have created the Sea Level Rise Revolving Loan Pilot Program to provide low-interest loans to local governments for the purchase of certain coastal properties in disadvantaged communities vulnerable to sea level rise, among other things. (This bill was vetoed by Governor Newsom.)
SB 1 (Atkins, Chapter 236, Statutes of 2021) establishes the California Sea Level Rise State and Regional Support Collaborative at the Ocean Protection Council to help coordinate and fund state efforts to prepare for sea level rise associated with climate change, and provides up to $100M state funding annually to address sea level rise, among other things.
SB 83 (Allen, 2021) would have created the Sea Level Rise Revolving Loan Program to provide low-interest loans to local governments for the purchase of threatened coastal properties vulnerable to sea level rise, among other things. (This bill was vetoed by Governor Newsom.)
SB 418 (Laird, 2021) would have extended the planning for sea level rise database sunset to January 1, 2028. (This bill was gut-and-amended to another topic after being heard in this Committee and subsequently chaptered.)
AB 72 (Petrie Norris, Chapter 369, Statutes of 2021) promotes the use of natural infrastructure to attenuate coastal hazards as part of climate adaptation, among other things.
AB 65 (Petrie-Norris, Chapter 347, Statutes of 2019) requires the State Coastal Conservancy to prioritize projects that provide natural infrastructure and multiple public benefits when allocating certain state monies.
AB 184 (Berman, Chapter 338, Statutes of 2017) extended the sunset on the planning for sea level rise database for 5 years, until January 1, 2023.
AB 2516 (Gordon, Chapter 522, Statutes of 2014) created the planning for sea level rise database by the Natural Resources Agency, in collaboration with the Ocean Protection Council, with a sunset data of January 1, 2018.
AB 691 (Muratsuchi, Chapter 592, Statutes of 2013) required certain trustees of granted public trust lands to provide sea level rise assessment information to the State Lands Commission.
SUGGESTED AMENDMENTS: none
SUPPORT
League of California Cities (sponsor)
American Planning Association, California Chapter
California Legislative Central Coast Caucus
California State Association of Counties
City of Long Beach
County of Santa Cruz
Sierra Club California
OPPOSITION
None Received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 996
Author:(Pellerin)
As Amended Ver:May 23, 2025
Majority vote
SUMMARY
Establishes a process for local governments to seek consultation from the California Coastal Commission (Commission).
Major Provisions
- Authorizes the Commission or the San Francisco Bay Conservation and Development Commission (BCDC) to deem existing sea level rise information or sea level rise plans prepared by a local government to satisfy one or all of the requirements of the sea level rise plan required as part of a local coastal plan (LCP) or subregional San Francisco Bay shoreline resiliency plan.
- Encourages a local government to consult with the Commission, on or before January 1, 2029, in preparation of a LCP or an amendment to a LCP to ensure that, upon formal submission of the LCP or an amendment to the LCP to the Commission, the materials are sufficient for a thorough and complete review.
- States that a local government′s participation in an early consultation is voluntary.
- States the intent of an early consultation is to help a local government to timely meet the requirements of the sea level rise planning requirements. Participation in an early consultation at any time does not prevent a local government from submitting a required sea level rise plan.
- Requires, if a local government seeks to engage in an early consultation at any time with the Commission, specified actions to occur.
COMMENTS
Some communities have conducted vulnerability assessments and begun planning for sea level rise and extreme storms, but many have not and few projects have been launched. SB 1 (Atkins), Chapter 236, Statutes of 2021, directs the Commission to prioritize sea level rise when approving required LCP and provide up to $100 million a year in grant funding to local and regional governments for planning.
Subsequently, SB 272 (Laird), Chapter 384, Statutes of 2023, requires coastal cities to develop sea level rise plans by January 1, 2034, as part of their LCPs, or submit a subregional San Francisco Bay shoreline resiliency plan to BCDC consistent with the guidelines established by BCDC that recognize and build upon the guiding principles of the Bay Adapt Joint Platform. The law also requires specified coastal agencies to establish guidelines for the plans by December 31, 2024.
This bill does two things to acknowledge the magnitude of work for sufficient sea level rise planning: first, it authorizes the Commission or BCDC, whichever is applicable, when approving a LCP or an amendment to a LCP, to deem existing sea level rise information or plans prepared by a local government to satisfy the content requirements for a sea level rise plan. This is to reflect the work done to-date in advancing compliance with SB 272.
Second, the bill would provide that local governments are encouraged to, on or before January 1, 2029, consult with the Commission, in a voluntary early consultation, regarding sea level rise plans in the preparation of a LCP or an amendment to a LCP.
According to the Author
Due to recent legislation which requires Local Coastal Programs to include robust sea level rise planning by 2034, coastal jurisdictions are anticipating new and updated LCPs to be submitted to the California Coastal Commission around the same time. This has the potential for causing a bottleneck in the review and certification process. AB 996 would encourage local governments to engage in early consultation with the Coastal Commission before they finalize and submit their LCPs for Commission certification.
Arguments in Support
The League of California Cities writes that AB 996 would provide important supportive tools for local governments in the development of a sea level rise plan. This work load, while valuable from a planning perspective, is anticipated to be resource intensive for bay and coastal cities and counties and timely approval of these plans by the state is essential.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee, the Commission estimates ongoing annual costs of approximately $980,000 for five positions to provide early consultation and recommendations to local governments (General Fund or special fund).
VOTES
ASM NATURAL RESOURCES: 14-0-0
YES: Bryan, Alanis, Connolly, Ellis, Flora, Garcia, Haney, Hoover, Kalra, Muratsuchi, Pellerin, Schultz, Wicks, Zbur
ASM APPROPRIATIONS: 11-0-4
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache
ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa
UPDATED
VERSION: May 23, 2025
CONSULTANT: Paige Brokaw / NAT. RES. / (916) 319-2092 FN: 0000690
Date of Hearing: May 14, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 996
Author:(Pellerin) – As Amended Ver:April 30, 2025
Policy Committee: | Natural Resources | Vote: | 14 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill establishes the California Coastal Planning Fund (Fund) to help local governments adequately plan for the protection of coastal resources and public access to the coast, and establishes a process for local governments to seek early consultation from the California Coastal Commission (Commission) on sea level rise (SLR) planning.
Specifically, this bill, among other things:
- Establishes the Fund in the State Treasury to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline. Upon appropriation by the Legislature, requires moneys deposited into the Fund be available to the Commission to fund the following: (a) costs for local governments to prepare, adopt, and revise local coastal programs (LCPs); (b) costs for local governments to prepare, adopt, and SLR plans, as specified; and (c) costs for Commission staff to review LCPs and for San Francisco Bay Conservation and Development Commission (BCDC) staff to review SLR plans. The costs associated with (c) shall not exceed 20% of the annual deposits into the Fund.
- Requires the Commission to expend moneys in the Fund for grants, loans, contracts, or services to assist eligible recipients, as defined and as specified. Authorizes the Commission to undertake numerous specified actions to administer the Fund. Provides that actions to administer the Fund are not subject to the Administrative Procedure Act.
- Authorizes the Commission or BCDC to deem existing SLR information or SLR plans prepared by a local government to satisfy one or all of the requirements of the SLR plan required as part of an LCP or sub-regional San Francisco Bay shoreline resiliency plan.
- Encourages a local government to consult with the Commission, by January 1, 2029, in preparation of an LCP or an amendment to an LCP to ensure, upon formal submission of the LCP or an amendment to the LCP to the Commission, the materials are sufficient for a thorough and complete review.
- Requires, if a local government seeks to engage in early consultation, specified actions to occur, including that Commission staff must offer written recommendations to a local government about what may preclude certification of an LCP or an amendment to an LCP.
FISCAL EFFECT:
1) The Commission estimates ongoing annual costs of approximately $980,000 for five positions to provide early consultation and recommendations to local governments (General Fund or special fund).
2) Ongoing cost pressure of an unknown but significant amount, likely in the millions of dollars, to provide funding for the Fund to assist local governments in preparing, adopting, and revising LCPs and SLR plans and to assist Commission and BCDC staff in reviewing plans (General Fund, special fund, or bond funds).
COMMENTS:
1) Purpose. According to the author:
Due to recent legislation which requires Local Coastal Programs to include robust sea level rise planning by 2034, coastal jurisdictions are anticipating new and updated LCPs to be submitted to the California Coastal Commission around the same time. This has the potential for causing a bottleneck in the review and certification process. AB 996 would encourage local governments to engage in early consultation with the Coastal Commission before they finalize and submit their LCPs for Commission certification.
AB 996 also establishes the California Coastal Planning Fund in the State Treasury, where future contributions and appropriations will support the preparation, adoption and revision of LCPs, including the incorporation of sea level rise plans, ensuring that local governments and the Commission have the resources they need to comply with state law and effectively address climate change impacts.
2) Background. SB 1 (Atkins), Chapter 236, Statutes of 2021, directs the state to provide funding to local and regional governments to develop SLR adaptation plans and implementation projects. In 2022, the Air Resources Board awarded $37.5 million to the Ocean Protection Council (OPC) to support the implementation of SB 1. As of March 2025, $17.18 million is available for funding SB 1 projects. According to OPC, the SB 1 SLR Adaptation Planning Grant Program aims to provide funding for coastal communities to develop consistent SLR adaptation plans and projects to build resilience to SLR along the entire coast of California and San Francisco Bay.
SB 272 (Laird), Chapter 384, Statutes of 2023, requires a local government to develop a SLR adaptation plan by January 1, 2034, as part of its LCP, or submit a sub-regional San Francisco Bay shoreline resiliency plan to BCDC consistent with guidelines established by BCDC. Since SB 272 was enacted, no LCP has been certified as meeting the SLR requirements, and no sub-regional shoreline resiliency plan has been submitted to BCDC for review. However, as noted in the Assembly Natural Resources Committee’s analysis of this bill, the law went into effect only last year, and development of plans will be time- and resource-intensive.
This bill does two things to acknowledge the magnitude of work required for SLR planning: first, it authorizes the Commission or BCDC, whichever is applicable, when approving an LCP or an amendment to an LCP, to deem existing SLR information or plans prepared by a local government to satisfy the content requirements for a SLR plan. This is to reflect the work done to date in advancing compliance with SB 272. Second, the bill encourages local governments to engage in early voluntary consultation with the Commission regarding SLR plans.
The Commission’s LCP Local Assistance Grant Program, which pre-dates SB 1, provides grants to support local governments in completing or updating LCPs consistent with the California Coastal Act, with special emphasis on planning for SLR and climate change. In 2021, the Legislature approved a one-time $30 million General Fund augmentation for this program as part of a budget surplus. The Commission has a balance of approximately $3.5 million and is on pace to disburse the remaining funds soon.
The Proposition 4 climate bond, passed by voters in November 2024, provides $75 million for SB 1 implementation. This is part of a larger $1.2 billion allocation in the bond for coastal resilience activities. However, there is no funding in Proposition 4 for the Commission’s SLR work. In anticipation of future appropriations, this bill sets up the Fund to help local governments adequately plan for the protection of coastal resources and public access to the coastline.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: April 28, 2025
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Isaac G. Bryan, Chair
ABPCA Bill Id:AB 996 (
Author:Pellerin) – As Amended Ver:April 21, 2025
SUBJECT: Public Resources: California Coastal Act of 1976: California Coastal Planning Fund
SUMMARY: Establishes a process for local governments to seek consultation from the California Coastal Commission (Commission) on sea level rise planning and establishes the California Coastal Planning Fund (Fund) to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline.
EXISTING LAW:
- Establishes the Coastal Act, which provides for the planning and regulation of development within the coastal zone. (Public Resources Code (PRC) 30000)
- Requires local governments in the coastal zone to have a local coastal program (LCP) approved by the Commission for the local government’s land use plans. (PRC 30500)
- Establishes the San Francisco Bay Conservation and Development Commission (BCDC) to regulate the San Francisco Bay and the first 100 feet inland from the shoreline around the Bay. (Government Code 66620)
- Requires the Commission to take into account the effects of sea level rise in coastal resources planning and management policies and activities in order to identify, assess, and, to the extent feasible, avoid and mitigate the adverse effects of sea level rise. (PRC 30270)
- Requires the Commission to adopt procedures for the preparation, submission, approval, appeal, certification, and amendment of a LCP, including recommendations and guidelines, which shall be periodically updated by the commission to incorporate new information as it becomes available, for the identification, assessment, minimization, and mitigation of sea level rise within each local coastal program, taking into account local and regional conditions and the differing capacities and funding available to local governments. (PRC 30501)
- Creates the California Sea Level Rise State and Regional Support Collaborative within the Ocean Protection Council to provide state and regional information to the public and support to local, regional, and other state agencies for the identification, assessment, planning, and, where feasible, the mitigation of the adverse environmental, social, and economic effects of sea level rise within the coastal zone, as provided. (PRC 30972 (a)(1))
- Requires a local government lying, in whole or in part, within the coastal zone or within the jurisdiction of BCDC, to develop a sea level rise plan as part of either of their LCP or subregional San Francisco Bay shoreline resiliency plan, whichever is applicable. Requires all covered local governments to comply by January 1, 2034. (PRC 30985)
- Authorizes, pursuant to the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Proposition 4) $10 billion in general obligation bonds to finance projects for safe drinking water, drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate-smart, sustainable, and resilient farms, ranches, and working lands, park creation and outdoor access, and clean air programs. (PRC 90000 – 95015)
THIS BILL:
- Establishes the Fund in the State Treasury to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline. Upon appropriation by the Legislature, requires moneys deposited into the Fund to be available to the Commission for the following:
- Costs for local governments to prepare, adopt, and revise LCPs;
- Costs for local governments to prepare, adopt, and revise sea level rise plans; and,
- Costs for Commission staff to review LCPs and for BCDC staff to review sea level rise plans. Those costs shall not exceed 20% of the annual deposits into the Fund.
- Requires the Commission to expend moneys in the fund for grants, loans, contracts, or services to assist eligible recipients.
- Requires eligible recipients of funding to be local agencies, including cities and counties, the Commission, and BCDC.
- Requires, to be eligible for funding, grants, loans, contracts, or services provided to a local government to have a clear and definite purpose associated with the planning efforts required to provide public benefits related to coastal resource protection and public accessibility of the California coast.
- Authorizes the Commission to undertake any of the following actions to administer the Fund:
- Provide for the deposit of any of the following moneys into the Fund:
- Federal contributions;
- Voluntary contributions, gifts, grants, or bequests; and,
- Financial participation by a public agency in an activity authorized for funding from the Fund.
- Enter into agreements for contributions to the Fund from the federal government, local or state agencies, private corporations, and nonprofit organizations.
- Direct portions of the Fund to a subset of eligible applicants as required or appropriate based on funding source.
- Take additional action as may be appropriate for adequate administration and operation of the Fund.
- Set appropriate requirements as a condition of funding.
- Provide for the deposit of any of the following moneys into the Fund:
- Provides that actions to administer the Fund are not subject to the Administrative Procedure Act.
- Provides that this bill does not expand any obligation of the state to provide resources for the provisions of this bill or to require the expenditure of additional resources beyond the amount of moneys deposited into the Fund.
- Authorizes the Commission or BCDC to deem existing sea level rise information or sea level rise plans prepared by a local government to satisfy one or all of the requirements of the sea level rise plan required as part of a LCP or subregional San Francisco Bay shoreline resiliency plan.
- Encourages a local government to consult with the Commission, on or before January 1, 2029, in preparation of a LCP or an amendment to a LCP to ensure that, upon formal submission of the LCP or an amendment to the LCP to the Commission, the materials are sufficient for a thorough and complete review.
- States that a local government’s participation in an early consultation is voluntary.
- States the intent of an early consultation is to help a local government to timely meet the requirements of the sea level rise planning requirements. Participation in an early consultation at any time does not prevent a local government from submitting a required sea level rise plan.
- Requires, if a local government seeks to engage in an early consultation at any time with the Commission, the following to occur:
- A local government is required to initiate the early consultation by notifying Commission staff in writing that the local government seeks to engage in a consultation. After providing this notification, the local government is required to provide the Commission a summary report on the status of its efforts to develop a sea level rise plan, including any draft components, and authorizes the local government to provide a draft LCP or an amendment to a LCP that is intended to satisfy the sea level rise plan requirements;
- Authorizes an early consultation to include a singular meeting or regular meetings. The meeting schedule is required to be mutually agreed upon by the local government and the Commission;
- Commission staff is required to offer written recommendations to a local government about what may preclude certification of a LCP or an amendment to a LCP including, but not limited to, information about what satisfies the requirements for the sea level rise plan; and,
- Commission staff is required to provide recommendations in a reasonable timeframe that is mutually agreed upon by both the local government and the Commission.
- Finds and declares that this bill serves the public purpose of protecting coastal resources and public accessibility to the coastline and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
FISCAL EFFECT: Unknown
COMMENTS:
- Author’s statement:
Due to recent legislation which requires Local Coastal Programs to include robust sea level rise planning by 2034, coastal jurisdictions are anticipating new and updated LCPs to be submitted to the California Coastal Commission around the same time. This has the potential for causing a bottleneck in the review and certification process. AB 996 would encourage local governments to engage in early consultation with the Coastal Commission before they finalize and submit their LCPs for Commission certification. AB 996 also establishes the California Coastal Planning Fund in the State Treasury, where future contributions and appropriations will support the preparation, adoption and revision of LCPs, including the incorporation of sea level rise plans, ensuring that local governments and the Commission have the resources they need to comply with state law and effectively address climate change impacts.
- Sea level rise planning. Some communities have conducted vulnerability assessments and begun planning for sea level rise and extreme storms, but many have not and few projects have been launched. SB 1 (Atkins), Chapter 236, Statutes of 2021, was enacted to direct the Commission to prioritize sea level rise when approving required LCP and provide up to $100 million a year in grant funding to local and regional governments for planning.
Subsequently, SB 272 (Laird), Chapter 384, Statutes of 2023, requires coastal cities to develop sea level rise plans by January 1, 2034, as part of their LCPs, or submit a subregional San Francisco Bay shoreline resiliency plan to BCDC consistent with the guidelines established by BCDC that recognize and build upon the guiding principles of the Bay Adapt Joint Platform. The law also requires specified coastal agencies to establish guidelines for the plans by December 31, 2024.
Pursuant to SB 272, a sea level rise plan is required to, at a minimum, use the best available science and include a vulnerability assessment that includes efforts to ensure equity for at-risk communities; sea level rise adaptation strategies and recommended projects; identification of lead planning and implementation agencies; and, a timeline for updates, as needed, based on conditions and projections and as determined by the local government in agreement with the Commission or BCDC. That timeline for plan updates is required to include economic impact analyses of costs to critical public infrastructure and recommended approaches for implementing the sea level rise adaptation strategies and recommended projects.
- Funding for sea level rise planning. The Commission’s LCP Local Assistance Grant Program, which pre-dates SB 1, provides grants to support local governments in completing or updating LCPs consistent with the California Coastal Act, with special emphasis on planning for sea level rise and climate change. As of April 2024, 34 local governments have completed Coastal Commission-funded vulnerability assessments, and 18 have completed grant-funded adaptation planning studies. Twelve have used that information to update their LCP’s Land Use Plan or Implementation Plans. In 2021, the Legislature approved a one-time, $30 million General Fund augmentation as part of the budget surplus. The Commission has an approximate $4 million balance remaining. There has not been a line-item appropriation since 2021 given the availability of funds from the General Fund appropriation.
Last November, voters approved Proposition 4 to authorize, among many other things, $75 million for the California Sea Level Rise Mitigation and Adaptation Act of 2021, or SB 1. In anticipation of future appropriations, AB 996 sets up the Fund to help local governments adequately plan for the protection of coastal resources and public accessibility to the coastline. Local governments could receive funds to cover their costs to prepare, adopt, and revise LCPs or sea level rise plans.
- Sea level rise planning implementation. Since SB 272 was enacted, no LCP has been certified as meeting the sea level rise requirements, and no subregional shoreline adaptation plan has been submitted to BCDC for review – but it’s early (the law went into effect just last year), and development of these plans will take a lot of time and resources.
Currently, 45 of the 55 local Bay Area jurisdictions in BCDC authority have some level of sea level rise planning in their General Plan. In December 2024, BCDC adopted Regional Shoreline Adaptation Plan to provide guidelines to local governments for fulfilling the requirements of SB 272, and will be rolling out a technical assistance program over the next two years to its local jurisdictions to complete their subregional plans.
For jurisdictions in the coastal zone, it’s more complicated. 85% of the coastal zone is governed by a local LCP, meaning some coastal cities have a LCP, and some do not. Further, some LCPs may be more current; others may not have been certified in years, which could necessitate more comprehensive updates to the LCP when amending the LCP to meet the SB 272 mandate. Development and approval of a LCP can take years, and a significant amount of staff to complete. Consulting with the Commission early in the process can facilitate a local government addressing any concerns related to sea level rise plan components.
This bill does two things to acknowledge the magnitude of work for sufficient sea level rise planning: first, it authorizes the Commission or BCDC, whichever is applicable, when approving a LCP or an amendment to a LCP, to deem existing sea level rise information or plans prepared by a local government to satisfy the content requirements for a sea level rise plan. This is to reflect the work done to-date in advancing compliance with SB 272.
Second, the bill would provide that local governments are encouraged to, on or before January 1, 2029, consult with the Commission, in a voluntary early consultation, regarding sea level rise plans in the preparation of a LCP or an amendment to a LCP.
- Committee amendments. The committee may wish to consider amending the bill to clarify in PRC 30527(d)(5) that the Commission and BCDC may each set appropriate requirements as a condition of funding for their respective funding.
REGISTERED SUPPORT / OPPOSITION:
Support
League of California Cities
Opposition
None on file
Analysis Prepared by: Paige Brokaw / NAT. RES. /
Discussed in Hearing
View Older HearingsBill Author
Bill Co-Author(s):