Port Facility Construction in California

Division 6, Part 2, Chapter 1 of the California Harbors and Navigation Code deals with port facility construction in this state.

Section 1720 provides that any public agency with authority to approve or deny port projects that result in the filling of subtidal habitats within the ocean ports of California or habitats in the water of inland ports of California is required to approve, as mitigation for those fill projects, any subtidal or in-water mitigation project proposed by the port authority that the public agency determines provides appropriate and adequate mitigation for the adverse impacts on the affected subtidal or in-water habitat in a manner consistent with other law that is then existing.

Section 1730 defines the term “council.” The California Marine and Intermodal Transportation System Advisory Council, a regional subunit of the Marine Transportation System National Advisory Council chartered by the federal Secretary of Transportation under the Federal Advisory Committee Act, is requested to do four specified tasks.

These tasks include holding public hearings, identifying state agencies and other states involved in maritime ports, and compiling information and reporting to the Legislature.