Section 70.2 Of Article 3. Small Craft Harbors And Connecting Waterways From California Harbors And Navigation Code >> Division 1. >> Chapter 2. >> Article 3.
70.2
. (a) The department may prepare or contract for the
preparation of plans for, acquire or contract for the acquisition of,
construct or contract for the construction of, develop and improve,
or contract for the development and improvement of any portion of
coastal small craft harbors that are normally nonrevenue producing,
such as jetties, breakwaters, dredging, seawalls, piers, and
communication centers.
(b) This program may be conducted in cooperation with the federal
government for harbor development along the coastline of California.
In those cooperative projects, the department may assume the role of
"local sponsor" as that term is used in agreements with the federal
government with regard to those projects referred to in this section
if before the department assumes the role of "local sponsor" it
determines to its satisfaction that the local entity that would
otherwise be designated as local sponsor cannot fulfill the
obligations commensurate with that designation.
(c) If the nonrevenue producing facilities are to be a portion of
an existing harbor, the department, prior to construction of those
facilities, shall enter into an agreement with the local governing
body of the harbor that provides that revenues from harbor operations
and harbor district taxes shall serve as security for repayment of
the state contribution to the cost of construction and the local
governing body shall assume responsibility for the operation and
maintenance of the facilities constructed under the agreement.
(d) If nonrevenue producing facilities are to be constructed at a
location where no harbor operation is being conducted by a
governmental entity, the department may initiate construction of the
facilities after securing an agreement with the appropriate local
jurisdiction that the local entity shall assume the responsibility of
operation and maintenance of the facilities, as well as repayment of
all related costs of the department, as agreed to in writing.
(e) Harbor facilities provided by the department pursuant to this
section shall be defined as nonrevenue producing features for the
purpose of the term of repayment under subdivision (a) of Section
71.8.