AB 1938

AB1938:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1938

An act to add Chapter 5 (commencing with Section 35660) to Division 26.5 of the Public Resources Code, relating to coastal resources.

LEGISLATIVE COUNSEL'S DIGEST

AB 1938, as amended, Irwin. Coastal recreation: designated state surfing reserves.

The California Coastal Act of 1976 requires oceanfront land suitable for recreational use to be protected for recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area. Existing law, the California Ocean Protection Act, establishes the Ocean Protection Council and provides that the purpose of the act is to integrate and coordinate the state’s laws and institutions responsible for protecting and conserving ocean resources, including coastal waters and ocean ecosystems, to provide for public access to the ocean and ocean resources, including to marine protected areas, for recreational use, and aesthetic, educational, and scientific purposes, consistent with the sustainable long-term conservation of those resources, among other objectives. Existing law establishes surfing as the official state sport.

This bill would require, on or before July 1, 2027, the council to establish criteria and an application process for purposes of designating an area of the coastline as a state surfing reserve, as defined. The bill would authorize a local government to, after adopting a formal resolution, apply to the council for purposes of designating an area of the coastline within the jurisdiction of the local government as a state surfing reserve. The bill would require the local government to include in its application, among other things, a description of the proposed surfing reserve. The bill would require the council to approve the application if the area of the coastline meets the established criteria. The bill criteria and would require, once the application is approved, the council to designate the area as a state surfing reserve. The bill would require the council to, upon appropriation, publicize the state surfing reserve and partner with local governments to erect signs designating an approved surfing reserve, and would authorize the council to accept donations for these purposes. The bill would authorize the council to revoke the designation if the surfing reserve no longer meets the established criteria. The bill would require the council to include designated surfing reserves in the state’s 30x30 goal. The bill would authorize the council to revoke its designation as a state surfing reserve if the council determines that the designated state surfing reserve no longer meets specified criteria and would require a local government to remove any signage used to identify a surfing reserve upon this revocation.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all both of the following:

(a)In October 2020, Governor Gavin Newsom issued Executive Order No. N-82-20 to establish a state goal of conserving 30 percent of California’s lands and coastal waters by 2030, known as the 30x30 goal.

(b)The 30x30 goal is intended to help conserve California lands and coastal waters through voluntary, collaborative action with partners across the state to meet three objectives: conserving and restoring biodiversity, expanding access to nature, and mitigating and building resilience to climate change.

(c)California’s 30x30 goal is part of a global effort to conserve biodiversity.

(d)In 2023, the Legislature enacted Senate Bill 337 (Chapter 392 of the Statutes of 2023) to codify into law the state’s goal to conserve 30 percent of California’s lands and coastal waters by 2030.

(e)As of June 2024, 25.2 percent of California’s lands and 16.2 percent of its coastal waters are under long-term conservation and care for the benefit of plant, animal, and human communities.

(f)

(a) California’s coastline is rich with multiple areas long surfed by residents and tourists alike. According to the National Oceanic and Atmospheric Administration, California is home to the highest number of individuals who surf in the nation.

(g)

(b) In recognition of the importance and contributions of surfing to California, in 2018, the Legislature enacted Assembly Bill 1782 (Chapter 162 of the Statutes of 2018) designating surfing the official sport of California. That same year, the Legislature named September 20 as California Surfing Day.

(h)Designating areas of California’s coast as surfing reserves will both maintain those surfing spots for future generations and can help the state advance its 30x30 goals through the conservation of those coastal waters.

(i)Recognizing California’s distinct and world-renowned surf breaks is consistent with the state’s 30x30 goal and the Ocean Protection Council’s role under the state’s Outdoors for All initiative.

SEC. 2.

Chapter 5 (commencing with Section 35660) is added to Division 26.5 of the Public Resources Code, to read:

CHAPTER 5. State-Designated Surfing Reserves

35660.

For purposes of this chapter, the following definitions apply:

(a) “Local government” means a city, county, or city and county, including a chartered city or county, with jurisdiction, in whole or in part, in the coastal zone.

(b) “Surfing reserve” means an area designated pursuant to this chapter that would feature waves, surf zones, and surrounding environments, recognize the surfing area’s environmental, cultural, and historical significance, and meet the council’s standard as an “other effective area-based conservation measure” as described in the “30x30 Decision-Making Framework for Coastal Waters.” defined by the council.

35661.

(a) On or before July 1, 2027, the council shall establish criteria and an application process for purposes of designating an area of the coastline as a state surfing reserve. The council may require, as one of the criteria, a letter of recommendation for the designation of a state surfing reserve from the California Coastal Commission. as part of an application, letters of recommendation from public agencies and organizations with coastal protection expertise.

(b) When establishing criteria for purposes of the state surfing reserve designation, the council shall consider factors, including, but not limited to, wave quality and consistency, surf culture and history, and environmental characteristics, and management priorities. characteristics.

35662.

(a) After adopting a formal resolution, a local government may apply to the council for purposes of designating an area of the coastline within the jurisdiction of the local government as a state surfing reserve.

(b) The local government shall include in its application all of the following:

(1) A description of the proposed surfing reserve, including the specific geographic location and coastal access.

(2) A description of the cultural, historical, ecological, and economic value of the proposed surfing reserve.

(3) Management priorities for the surfing reserve. A description of compliance with applicable state laws and local ordinances that provide environmental protection to the area and ensure coastal access.

(4) Any other eligibility criteria required by the council.

(c) (1) The council shall approve the application from the local government if the area of the coastline meets the criteria established pursuant to Section 35661.

(2) Once the application is approved, the council shall designate the area as a state surfing reserve.

(3)The council shall, as appropriate, and upon appropriation by the Legislature, publicize approved surfing reserves and partner with local governments to erect signs designating approved surfing reserves.

(4)The council may accept donations for the purposes of paragraph (3).

(d) If, at any time, the council determines that the designated state surfing reserve no longer meets the criteria established pursuant to Section 35661, the council may revoke its designation as a state surfing reserve. Upon revocation, a local government is responsible for removing any signage used to identify a surfing reserve.

35662.

The council shall include designated state surfing reserves in the state’s goal to conserve at least 30 percent of coastal waters pursuant to Senate Bill 337 (Chapter 392 of the Statutes of 2023).