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--- version:01/23/25 - Introduced
+++ version:AB10
@@ -1,38 +1,38 @@
-20251AB__001099INT
+20250AB__001099INT
 99
 INTRODUCED
-2025-01-23
+2024-12-02
 
 2025
-1
+0
 AB
 10
 INT
 
-Introduced by Assembly Member Macedo
+Introduced by Assembly Member Essayli
 LEAD_AUTHOR
 ASSEMBLY
-Macedo
+Essayli
 
- An act to add Section 8596.1 to the Government Code, relating to state government.
-state government
-State government: emergency services: nonprofit service providers.
+ An act to add Section 30345 to the Public Resources Code, relating to coastal resources, and declaring the urgency thereof, to take effect immediately.
+coastal resources, and declaring the urgency thereof, to take effect immediately
+California Coastal Commission: consistency determinations: Vandenberg Space Force Base.
 
-Existing law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property. Existing law authorizes the Governor, during 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. Existing 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.
-This bill would authorize a nonprofit entity that provides services pursuant to a contract with a state agency, during a state of war emergency or a state of emergency, to 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. The 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. The bill would require the state agency and the nonprofit entity, if the state agency agrees to that modification, to prepare and sign an addendum to the contract establishing the terms and conditions of the modification.
-The bill would require the nonprofit entity to notify each state agency from which it receives funding of a closure or of an impacted program, including whether a closure is location specific or due to
-		executive order, and why the service level may be impacted. The bill would further require the 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. The bill 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.
-The 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. The bill would authorize a state agency to approve the written request if it determines that doing so is
-		reasonable under the circumstances described by the nonprofit agency.
+Existing law, the California Coastal Act of 1976, provides for the regulation of development of certain lands within the coastal zone, as defined. Under the act, the California Coastal Commission generally has primary responsibility for the implementation of the act 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 1972 or any 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. Existing federal 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. The bill would deem the activities at Vandenberg Space Force Base, outlined by Consistency Determination CD-0007-24, consistent with the objectives of the California Coastal Act of 1976. The 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.
 
-MAJORITY
+TWO_THIRDS
 NO
-YES
+NO
 NO
 
-NO
-NO
+YES
+YES
 NO
 NO
 NO
@@ -41,20 +41,30 @@
 
 The people of the State of California do enact as follows:
 SECTION 1.
-Section 8596.1 is added to the Government Code
+The Legislature 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 federal consistency 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 Santa Barbara.
+(c)Representatives from 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 those 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 clear and concerning politicization of a critical national security interest and demonstrated that the objection to concurrence with 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 limits the growth of the space exploration sector within the state.
+
+SEC. 2.
+It is the intent of the Legislature that this bill deems the California Coastal 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’s objection is deemed to have never occurred and shall have no force or effect under law.
+
+SEC. 3.
+Section 30345 is added to the Public Resources Code
+, immediately following Section 30344
 , to read:
-8596.1.
-(a)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. The nonprofit entity shall not exceed the contract budget unless the nonprofit entity and the state agency enter into an agreement for modification. If the 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.
-(b)The nonprofit entity shall notify each state agency from which it receives funding of a closure or of an impacted program, including whether a closure is location specific
-				  or due to executive order, and why the service level may be impacted.
-(c)(1)The nonprofit entity shall identify and thoroughly document all expenditures associated with the closed program. The nonprofit entity shall retain documentation to justify expenses and to support claiming continued state funding in accordance with the following requirements:
-(A)Fixed and regular costs that continue to be incurred shall be paid normally.
-(B)Hourly employees, including those who would not otherwise be paid when a program is not operating, shall be paid the anticipated wage during the closure.
-(C)If there are any expenses that will not be incurred due to a program closure, those expenses shall be identified and excluded from invoicing. 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.
+30345.
+(a)Notwithstanding any other law, the commission’s October 10, 2024, decision to object to concurrence on Agenda 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 Consistency Determination CD-0007-24, are deemed consistent with the provisions and 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 Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning 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 act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
+To protect United States national security interests and promote continued growth in California’s aerospace industry by enabling expanded launch capabilities at Vandenberg Space Force Base, it is necessary for this act to take immediate effect.