AB 10 — California Coastal Commission: consistency determinations: Vandenberg Space Force Base.

Bill20251AB__001099INT Text99 -INTRODUCED AB-102025-01-23 California2025 Coastal1 Commission:AB 10 INT Introduced by Assembly Member Macedo LEAD_AUTHOR ASSEMBLY Macedo An act to add Section 8596.1 to the Government Code, relating to state government.

consistencystate determinations:government State government:

Vandenbergemergency Spaceservices: Force Base.

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12/02/24Existing -law Introducedauthorizes AB-10the CaliforniaGovernor, Coastalduring Commission:a state of emergency, to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including provisions relating to eligibility to receive unemployment compensation benefits, if the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency.

consistencyExisting determinations:law requires each department, division, bureau, board, commission, officer, and employee of this state to render all possible assistance to the Governor and to the Director of Emergency Services in carrying out the act.

VandenbergThis Spacebill Forcewould Base.(2025-2026)authorize Texta >>nonprofit Votesentity >>that Historyprovides >>services Billpursuant Analysisto >>a Today'scontract Lawwith Asa Amendedstate >>agency, Compareduring Versionsa >>state Statusof >>war Commentsemergency Toor Authora >>state Trackof Billemergency, >>to Addrequest Tothe Mystate Favoritesagency >>to SHAREallow THIS:that nonprofit to modify the method in which it provides those services so long as the purpose of the contract is served.

DateThe Published:bill would prohibit the nonprofit entity from exceeding the contract budget unless the nonprofit entity and the state agency enter into an agreement for modification.

12/02/2024The 09:00bill PMwould AB10:v99#DOCUMENTBillrequire Startthe CALIFORNIAstate LEGISLATURE—agency 2025–2026and REGULARthe SESSIONnonprofit Assemblyentity, Billif No.the state agency agrees to that modification, to prepare and sign an addendum to the contract establishing the terms and conditions of the modification.

10IntroducedThe bybill Assemblywould Memberrequire EssayliDecember 02, 2024the Annonprofit actentity to addnotify Sectioneach 30345state toagency thefrom Publicwhich Resourcesit Code,receives relatingfunding of a closure or of an impacted program, including whether a closure is location specific or due to coastalexecutive resources,order, and declaringwhy the urgencyservice thereof,level tomay takebe effectimpacted. immediately.

LEGISLATIVEThe COUNSEL'Sbill DIGESTABwould 10,further asrequire introduced,the Essayli.nonprofit entity to identify and thoroughly document all expenditures associated with the closed program and retain documentation to justify expenses and to support claiming continued state funding, as specified.

CaliforniaThe Coastalbill Commission:would require a state agency that receives notification from a nonprofit entity pursuant to these provisions to ensure that funding is available to pay for canceled services, closed programs, or reduced service levels.

consistencyThe determinations:bill would also permit a nonprofit entity, when a disruption occurs that prohibits that entity from providing services pursuant to a contract but a state of emergency or state of war emergency is not declared, to submit a request to the applicable state agency for flexibility with respect to services and funding pursuant to the contract.

VandenbergThe Spacebill Forcewould Base.Existingauthorize law,a thestate Californiaagency Coastalto Actapprove ofthe 1976,written providesrequest forif theit regulationdetermines ofthat developmentdoing ofso certainis landsreasonable withinunder the coastalcircumstances zone,described asby defined.the nonprofit agency.

UnderMAJORITY theNO act,YES theNO CaliforniaNO CoastalNO CommissionNO generallyNO hasNO primaryNO responsibilityNO forThe thepeople implementation of the actState and is designated as the state coastal zone planning and management agency for any and all purposes, and is authorized to exercise any and all powers set forth in the federal Coastal Zone Management Act of 1972California ordo anyenact other federal act that relates to the planning or management of the coastal zone.Existing federal law requires federal agency activity within or outside the coastal zone that affects any land or water use or natural resource of the coastal zone to be carried out in a manner that is consistent to the maximum extent practicable with the enforceable policies of approved state management programs, as defined.follows:

ExistingSECTION federal1. law requires a consistency determination to contain specified information and outlines the process that follows a state agency objection to a federal agency’s consistency determination.This bill would deem the commission’s objection to concurrence on Consistency Determination CD-0007-24 null and void.

TheSection bill8596.1 wouldis deemadded theto activities at Vandenberg Space Force Base, outlined by Consistency Determination CD-0007-24, consistent with the objectivesGovernment ofCode the, Californiato Coastalread: Act of 1976.

The8596.1. bill would provide that it shall act as a concurrence regarding consistency with the California Coastal Act of 1976.This bill would make legislative findings and declarations as to the necessity of a special statute for Vandenberg Space Force Base.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote:

2/3  (a) Appropriation:During a state of war emergency or a state of emergency, a nonprofit entity that provides services pursuant to a contract with a state agency may request the state agency to allow that nonprofit to modify the method in which it provides those services so long as the purpose of the contract is served.

NO  The Fiscalnonprofit Committee:entity shall not exceed the contract budget unless the nonprofit entity and the state agency enter into an agreement for modification.

NO  If Localthe Program:state agency agrees to that modification, the state agency and nonprofit entity shall prepare and sign an addendum to the contract establishing the terms and conditions of the modification.

NO  Bill(b) TextTheThe peoplenonprofit ofentity theshall Statenotify ofeach Californiastate doagency enactfrom aswhich follows:SECTIONit 1. Thereceives Legislaturefunding finds and declares all of the following:(a) The California Coastal Commission is responsible for ensuring that activities within the state’s coastal zone align with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code) and other environmental protections.(b) On October 10, 2024, the California Coastal Commission voted 6-4 against granting concurrence on Agenda Item 9A, Consistency Determination CD-0007-24, a federalclosure consistencyor determination by the United States Space Force to increase Space Exploration Technologies’ (SpaceX) Falcon 9 launch activities at Vandenberg Space Force Base from 36 launches per year to 50, in the County of Santaan Barbara.(c) Representativesimpacted fromprogram, the United States Department of the Air Force and United States Space Force testified during the October 10, 2024, meeting that SpaceX operations at Vandenberg Space Force Base are integral to advancing national security interests, and that SpaceX launches, including thosewhether for commercial purposes, constitute federal agency activity.(d) Statements made by commissioners at the October 10, 2024, meeting prior to the vote on Agenda Item 9A revealed a clearclosure andis concerninglocation politicizationspecific ofor adue critical national security interest and demonstrated that the objection to concurrenceexecutive withorder, the consistency determination was potential retaliation against the private activities of SpaceX executives, including Elon Musk, for their engagement in protected free speech under the First Amendment to the United States Constitution.(e) The objection to concurrence on the federal consistency determination to increase SpaceX launches at Vandenberg Space Force Base threatens United States national security interests, undermines public trust in the California Coastal Commission, hinders California’s aerospace leadership, and limitswhy the growthservice oflevel themay spacebe explorationimpacted. sector within the state.SEC.

2. It(c) is(1) theThe intentnonprofit ofentity theshall Legislatureidentify thatand thisthoroughly billdocument deemsall theexpenditures Californiaassociated Coastalwith Commission’s October 10, 2024, decision to object to concurrence on Agenda Item 9A, Consistency Determination CD-0007-24, null and void, such that the commission’sclosed objectionprogram. is deemed to have never occurred and shall have no force or effect under law.SEC.

3. SectionThe 30345nonprofit isentity addedshall toretain thedocumentation Public Resources Code, immediately following Section 30344, to read:30345. (a) Notwithstandingjustify anyexpenses otherand law, the commission’s October 10, 2024, decision to objectsupport toclaiming concurrencecontinued onstate Agendafunding Item 9A, Consistency Determination CD-0007-24, is deemed null and void.(b) The increased launch activities by SpaceX at Vandenberg Space Force Base, as outlined in Consistencyaccordance Determination CD-0007-24, are deemed consistent with the provisionsfollowing andrequirements: objectives of this division.(c) For Consistency Determination CD-0007-24, this section shall act as a concurrence regarding consistency with this division.SEC.

4. The(A) LegislatureFixed finds and declaresregular thatcosts a special statute is necessary and that acontinue generalto statute cannot be madeincurred applicableshall withinbe thepaid meaningnormally. of Section 16 of Article IV of the California Constitution because of the unique and immediate need to ensure that activities at Vandenberg Space Force Base, which serve vital national security interests, are not unduly hindered.SEC.

5. This(B) actHourly isemployees, anincluding urgencythose statutewho necessarywould fornot theotherwise immediatebe preservationpaid ofwhen thea publicprogram peace,is health,not oroperating, safetyshall withinbe paid the meaninganticipated ofwage Articleduring IV of the Californiaclosure. Constitution and shall go into immediate effect.

The(C) factsIf constitutingthere theare necessityany are:Toexpenses protectthat Unitedwill Statesnot nationalbe securityincurred interestsdue andto promotea continuedprogram growthclosure, inthose California’sexpenses aerospaceshall industrybe byidentified enablingand expandedexcluded launchfrom capabilitiesinvoicing. at Vandenberg Space Force Base, it is necessary for this act to take immediate effect.

If the costs occurred prior to the closure, those costs shall be paid by the contracting state agency.

(2) While contract expenditures may be billed using a regular monthly invoice template, the expenses related to a closure shall be documented and provided separately to the state agency.

(A) A nonprofit entity with a cost reimbursement contract shall invoice for the month, but shall be flexible and responsive to the applicable state agency’s requests for additional documentation about expenditures during closure, which may include documentation of specific services that were expected but unable to be delivered, and costs associated with those services.

(B) A nonprofit entity with a fee-for-service contract shall invoice for the month by calculating one-twelfth of the contracted units of service, and shall provide documentation of specific services that were expected but unable to be delivered.

(d) A state agency that receives notification from a nonprofit entity pursuant to subdivision (b) shall ensure that funding is available to pay for canceled services, closed programs, or reduced service levels.

(e) When a disruption occurs that prohibits a nonprofit entity from providing services pursuant to a contract with a state agency, but a state of emergency or a state of war emergency is not declared, the nonprofit entity may submit to the impacted state agency for approval a written request for flexibility with respect to services and funding pursuant to the contract.

The state agency may approve the written request if it determines that doing so is reasonable under the circumstances described by the nonprofit agency.