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California’s Harbors and Navigation Code, in Division 1, Chapter 2, Article 2.5, deals with beach erosion control. Section 65 requires the Department of Boating and Waterways, to the extent that funds are available therefor, to study and report upon problems of beach erosion and means for the stabilization of beaches and shoreline areas.
Section 65.1 requires the department to cooperate with all agencies of government, federal, state, and local, for the purposes of beach erosion control and stabilization of beaches and shoreline areas, and shall act in an advisory capacity on beach erosion control and stabilization of beaches and shoreline areas when requested by any public agency of the state or by any agency of the federal government.
Section 65.2 requires the department to prepare plans for and construct works as its studies and investigations indicate to be necessary for beach erosion control and stabilization of beaches and shoreline areas, to the extent that funds are available.
Section 65.3 states that, when state funds are made available on a matching basis to be expended in connection with any federal project for beach erosion control or stabilization of beaches and shoreline areas, these funds must be administered by the department, subject to approval of the Director of Finance.
Section 65.5 provides that, whenever a beach erosion control project has been authorized by Congress for federal financial participation, it is the policy of the state to consider bearing one-half the costs of local participation required by the authorizing federal legislation.
Section 65.6 allows appropriations to be made by the state, from time to time by law, to pay for the costs of sharing in such participation in beach erosion control projects following state authorization of a specific project, but participation applies only to costs incurred for the project as finally authorized by the Congress and the state, and appropriations for costs not to be expended by the state until after the appropriation of construction funds by the Congress.
Section 65.7 provides that small beach erosion control projects not specifically authorized by Congress and undertaken by the United States Corps of Engineers are authorized for state participation without further specific authorization by the Legislature, at the costs as may be appropriated by the Legislature upon the recommendation and advice of the department. Such state participation does not take precedence over other pending projects of higher priority.
Section 65.9 specifies that whenever beach erosion control works are included in a small boat harbor development project, the report of the department is to be approved by the Director of Finance prior to submission to the Legislature.
Section 66 states that the department, with the approval of the Director of Finance, and on terms satisfactory to the department may advance moneys appropriated for this purpose in the amount required to meet the federal share of any project in order to carry out construction of the project.
Section 66.1 says that, where the department is the construction agency, the city, county or other public agency acting in cooperation with the department in the construction of any federally authorized beach erosion control project must transmit funds representing its share of the costs to the department for deposit in the State Treasury in advance of commencement of construction work.
Section 67 allows the San Diego County Beach Erosion Control Project (Imperial Beach) to participate substantially in accordance with the plan set forth in House Document 399, 84th Congress.
Section 67.1 allows the San Diego (Sunset Cliffs), California, Beach Erosion Control Project to participate pursuant to Section 65.5 substantially in accordance with the plan set forth in House Document 477, 89th Congress.
Section 67.2 allows the Orange County Beach Erosion Control Project to participate pursuant to Section 65.5 substantially in accordance with the plan set forth in House Document 602, 87th Congress.
Section 67.3 allows the Los Angeles County (Redondo Beach to Malaga Cove) Beach Erosion Control Project to participate pursuant to Section 65.5 substantially in accordance with the plans set forth in House Document 277, 83rd Congress.
Section 67.4 requires the department to conduct the repair and restoration of the beach and shoreline located adjacent to the Pacific Ocean and in the City of Oceanside if the city does two required tasks.
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Author: Chris Micheli
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