Fight Over Seawall Bill Is Just Getting Started

Republican Sen. Pat Bates

​Surfing advocates and the California Coastal Commission rained ire this week on a bill that would allow San Diego and Orange county homeowners to build seawalls by right, sidestepping commission oversight.
Seawalls are highly controversial in California, viewed as a property defense against sea-level rise and the crumbling of coastal cliffs. At the same time, seawalls prevent the natural replenishment of beach sand from cliff faces and land runoff.
Republican Sen. Pat Bates, who represents portions of San Diego and Orange counties, brought SB 1090 before the Senate Natural Resources and Water Committee allowing testimony from pre-selected speakers.
The father of an Encinitas family that lost three members when a cliff collapsed on top of their weekend picnic last year gave emotional testimony on behalf of the bill.
“There is no plan for sand replenishment or any other bluff changes to increase safety on this very popular stretch of beach where my accident occurred,” said J. Patrick Davis, a pediatric dentist.
Seawalls, or “hard armoring” as Surfrider Foundation’s scientist Jennifer Savage called the structures, do not make beaches safer, she said. “They destroy the beach by speeding-up erosion,” Savage said.

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Encinitas cliff collapse

​The Coastal Commission representative argued the Encinitas incident was a tragic accident, not due to a lack of action by the commission to approve or deny a seawall in the area.
“The bill is designed to make it faster, easier and cheaper to build seawalls primarily to protect private residential development,” Sarah Christie, the commission’s legislative director, testified. “For every seawall that is built, the public loses a beach.”
There was no committee vote, however. Sen. Henry Stern, the committee chair, and Bates agreed ahead of time to hear the bill without the vote, and testimony was heard on May 26, 2020. said Josh Kirmsse, Stern’s communications director.
The Committee Analysis states that for Orange and San Diego Counties, this bill would effectively authorize by-right construction of sea walls/other hard shoreline structures and  only allow the commission or a local government to deny an application for a shoreline protective device only if they determine that the construction of a shoreline protective device would constitute a substantial threat to the public health or safety. It also seeks to prohibit a state agency or local government to adopt an ordinance, regulation, policy or rule that is inconsistent with these requirements.
Supporters of the bill include California Apartment Association, California Association of Realtors, Newport Beach Association of Realtors, North San Diego County Association of Realtors, Oceanside Chamber of Commerce, Orange County Realtors, County of San Diego, and ‘four individuals’.

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Opposers to the bill included Azul, Azul was founded in 2011 by Marce Gutierrez-Graudins, to bring Latinxs perspectives and participation to ocean conservation, and are legally organized under the Trust for Conservation Innovation. After experiencing how mainstream ocean conservation efforts and campaigns were leaving Latinxs out, Marce decided to start Azul to engage her community in protecting coastal resources and marine life. In a joint sign-on letter expressing strong opposition, Azul, among others, writes that SB 1090 “would pave the way for private property owners to effectively hasten and accelerate the loss of public beaches from the Orange County and San Diego coasts under the guise of claiming to improve public safety.”
Others who registered in opposition to the bill were California Coastal Protection Network, Heal the Bay, California Coastal Commission, California Coastkeeper Alliance, California League of Conservation Voters, California Native Plant Society, Center for Biological Diversity, Clean Water Action, Defenders of Wildlife, Natural Resources Defense Council, Plastic Pollution Coalition, Seventh Generation Advisors, Sierra Club California, Surfrider Foundation, The 5 Gyres Institute, The Center for Oceanic Awareness, Research, and Education (COARE), The Honorable Betty T. Yee, California State Controller, and the Nature Conservancy. Heal the Bay is an advocacy group of activists based in Santa Monica, California. The focus is protecting coastal waters and watersheds of southern California.
Senators will do more work on the legislation at the committee level.
The bill analysis also states that "erosion will be exacerbated by the presence of sea walls on the seaward size of the sea wall. Public accessibility will be correspondingly compromised. Beaches need natural erosion and sediment transfer for their health. Living shorelines, soft armoring and managed retreat, if necessary, should be prioritized. How can shoreline armoring be 'designed to mitigate or protect against coastal erosion' as it is known to exacerbate that very thing?" It also comments that the bill "provides an implicit public subsidy to private landowners."
Click here for the full bill text.

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