SECTIONS 30350-30355 - California Statutes

PUBLIC RESOURCES CODE

SECTION 30350-30355

30350. (a) It is the policy of the state that local governments be
paid their legitimate costs, from either state or federal funds, for
the implementation of certified local coastal programs; provided,
however, that such payment shall only be available for those costs
directly attributable to the operation of a certified local coastal
program and which costs would not have been incurred but for such
local coastal program and which costs are not of a nature which would
normally be incurred by such local government in carrying out its
land use planning and regulatory responsibilities pursuant to any
provision of law other than this division.
(b) Notwithstanding any other provision of law to the contrary,
claims for payment of costs directly attributable to the operation
and implementation of a certified local coastal program shall only be
submitted, reviewed, and approved in the manner set forth in, and
pursuant to the provisions of, this article.
(c) The provisions of this article are intended to establish a
procedure that ensures the orderly and carefully monitored
expenditure of limited public funds for payment of such costs, the
incurring of which is hereby recognized as being in the interest of
all the people of this state because they carry out state policies
for the wise, long-term conservation and use of coastal resources.

30351. The commission shall, not later than July 1, 1980, prepare
and adopt procedures for the issuance and management of local coastal
program implementation grants. The purpose of the grants program is
to provide, to the extent funds are available, financial assistance
for local governments and, in cases the commission deems appropriate,
other public agencies to carry out certified local coastal programs.
The procedures required by this section shall specify, consistent
with the criteria set forth in subdivision (a) of Section 30350, the
categories of expenditures eligible for implementation grants and
shall include procedures for application, review, approval, and
disbursement of grant funds.

30352. (a) Any local government carrying out its certified local
coastal programs may, upon the delegation of the development review
authority pursuant to Section 30519, claim reimbursement of costs
incurred for the implementation of such local coastal program if
costs have not been provided in an implementation grant issued
pursuant to Section 30351.
(b) Claims made pursuant to this article shall be submitted to the
executive director of the commission not later than September 30
immediately following the fiscal year during which the claimed costs
were incurred. The executive director shall review such claims in
accordance with the provisions of this article and shall submit all
such claims to the Controller within 60 days after receipt of a
claim, but in no event later than November 30.
(c) All claims submitted pursuant to this section shall be filed
on forms approved and prepared by the commission in consultation with
the Controller. Such forms shall specify the information needed to
enable the executive director of the commission and the Controller to
make the determinations required by Section 30353. The claim forms
required by this section shall provide for claims of actual costs
incurred during the fiscal year preceding submittal and for the costs
the claimant local government estimates will be incurred during the
then-current fiscal year.

30353. Payment for costs claimed pursuant to this article shall be
made only for costs which, but for the operation of a certified local
coastal program, would not have been incurred by the claimant local
government and if the following criteria are met:
(a) Costs for establishing a regulatory program to implement a
certified local coastal program, including costs for the preparation
and printing of public information materials, application forms,
establishing new procedures, and staff training are payable. The
costs specified in this subdivision include initial startup costs
incurred over a period not to exceed one year from the date a
certified local coastal program has been adopted for implementation
by the appropriate local government.
(b) A fixed payment not to exceed ten dollars ($10) per permit
application for any development subject to a certified local coastal
program may be claimed and paid. The payment specified in this
subdivision is intended to cover general costs, including costs for
public notice, notice and submittal of files to the commission, and
appearances before the commission.
(c) Other costs of processing and reviewing coastal development
permits pursuant to a certified local coastal program shall normally
not be eligible for reimbursement because these types of activities
should either be incorporated within the routine regulatory process
of the local government or, at the discretion of the local
government, be paid for from reasonable permit fees. A local
government may, however, request payment for increased regulatory
costs if it can show that either or both of the following special
circumstances apply within its jurisdiction:
(1) In jurisdictions with a population of less than 10,000, the
existing regulatory program of the local government is not capable of
processing and reviewing additional coastal development permits
pursuant to a certified local coastal program and where the increased
costs could not reasonably be expected to be covered by permit fees.
(2) The regulatory program included in a certified local coastal
program requires the discharge of resource management functions that
exceed the level of regulatory review normally required or undertaken
by the local government.
(d) Costs for enforcement of regulatory requirements that are
directly related to local coastal program implementation, such as
ensuring compliance with coastal development permit terms and
conditions, are payable, if the enforcement activities are not of a
type routinely undertaken or of a type required by law as part of the
affected local government's normal regulatory responsibilities.
(e) Litigation costs which, but for the operation of a certified
local coastal program, would not have been incurred may be paid.
Where an action is brought against a local government and the action
states as a principal cause of action the operation of the local
government's local coastal program and the local government prevails
in the action, litigation costs may be paid to the extent the costs
are not assessed against the party bringing the action. Where the
local government loses the action primarily on grounds it has failed
to properly carry out its certified local coastal program, litigation
costs shall not be paid. In accordance with procedures established
by the executive director of the commission in consultation with the
Attorney General, litigation costs may be paid prior to the rendering
of a final judgment in the action, if the Attorney General has
intervened in the action in support of the local government's
position, the amount paid does not exceed five hundred thousand
dollars ($500,000), and the amount paid is equal to or greater than 5
percent of the local government's general revenues as published in
the most recent version of "Cities Annual Report" by the Controller.
The local government shall reimburse the state from any costs
recovered after a final judgment is rendered in the action.
(f) If additional planning is required by the commission as a
condition of its certification of any local coastal program, costs
for the additional planning are payable.

30354. (a) The executive director of the commission shall review
and evaluate each claim submitted pursuant to this article and shall
determine whether:
(1) The costs claimed meet the requirements of this article.
(2) The costs claimed are not paid for or reimbursed from any
other source of state or federal funding.
(3) The claimed costs are reasonable for the implementation of a
certified local coastal program.
(b) The executive director of the commission shall submit to the
Controller, on behalf of each claimant local government, all claims
submitted pursuant to this section together with his or her
recommendation whether the Controller should allow or deny, in whole
or in part, the claim. A copy of each claim shall also be sent to the
claimant local government at the time such claim is submitted to the
Controller. The executive director's recommendation shall be based
on his or her determinations made pursuant to this article. If the
executive director fails to make a recommendation by the time claims
are required to be submitted to the Controller, as provided in
subdivision (b) of Section 30352, the executive director shall be
deemed to have recommended approval of the claim.
(c) The provisions of Section 2231 of the Revenue and Taxation
Code shall apply to claims filed pursuant to this article; provided,
however, that where a conflict between Section 2231 of the Revenue
and Taxation Code and this article occurs, such conflict shall be
resolved in a manner that best carries out the purposes of this
article. The Controller shall apply the criteria of this article in
determining whether to allow or deny, in whole or in part, any such
claim and shall consider the recommendations of the executive
director of the commission.

30355. As used in this article, "certified local coastal program"
means any portion of a local coastal program that has been certified.