BILL NUMBER: AB 800 CHAPTERED 09/24/04 CHAPTER 746 FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2004 APPROVED BY GOVERNOR SEPTEMBER 24, 2004 PASSED THE ASSEMBLY AUGUST 16, 2004 PASSED THE SENATE JUNE 28, 2004 AMENDED IN SENATE JUNE 16, 2004 AMENDED IN SENATE JUNE 3, 2004 AMENDED IN ASSEMBLY MAY 7, 2003 AMENDED IN ASSEMBLY APRIL 24, 2003 INTRODUCED BY Assembly Member Kehoe FEBRUARY 20, 2003 An act to amend Sections 30301, 30301.2, 30301.5, 30310, 30512, and 30514.1 of, and to repeal Section 30512.1 of, the Public Resources Code, relating to the California Coastal Commission. LEGISLATIVE COUNSEL'S DIGEST AB 800, Kehoe. California Coastal Commission. (1) The California Coastal Act of 1976 establishes the California Coastal Commission in the Resources Agency. The act provides that the commission consists of 16 members: the Secretary of the Resources Agency, the Secretary of Business, Transportation and Housing, the Secretary of Trade and Commerce, the Chairperson of the State Lands Commission, and 12 appointed members. Existing law does not establish the position of the Secretary of Trade and Commerce. This bill would conform with existing law by providing that the commission consists of 15 members and deleting the reference to the Secretary of Trade and Commerce, while retaining the remaining members. The bill would make conforming changes to existing law. (2) The bill would also delete an obsolete provision with regard to submission of a land use plan of a proposed local coastal program to the commission, and make conforming changes to existing law. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 30301 of the Public Resources Code is amended to read: 30301. The commission shall consist of the following 15 members: (a) The Secretary of the Resources Agency. (b) The Secretary of Business, Transportation and Housing. (c) The Chairperson of the State Lands Commission. (d) Six representatives of the public from the state at large. The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint two of these members. (e) Six representatives selected from six coastal regions. The Governor shall select one member from the north coast region and one member from the south central coast region. The Speaker of the Assembly shall select one member from the central coast region and one member from the San Diego coast region. The Senate Committee on Rules shall select one member from the north central coast region and one member from the south coast region. For purposes of this division, these regions are defined as follows: (1) The north coast region consists of the Counties of Del Norte, Humboldt, and Mendocino. (2) The north central coast region consists of the Counties of Sonoma and Marin and the City and County of San Francisco. (3) The central coast region consists of the Counties of San Mateo, Santa Cruz, and Monterey. (4) The south central coast region consists of the Counties of San Luis Obispo, Santa Barbara, and Ventura. (5) The south coast region consists of the Counties of Los Angeles and Orange. (6) The San Diego coast region consists of the County of San Diego. SEC. 2. Section 30301.2 of the Public Resources Code is amended to read: 30301.2. (a) The appointments of the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, pursuant to subdivision (e) of Section 30301, shall be made as prescribed in this section. Within 45 days from the date of receipt of a request for nominations by the appointing authority, the board of supervisors and city selection committee of each county within the region shall nominate supervisors or city council members who reside in the region from which the Governor, the Senate Committee on Rules, or the Speaker of the Assembly shall appoint a replacement. In regions composed of three counties, the board of supervisors and the city selection committee in each county within the region shall each nominate one or more supervisors and one or more city council members. In regions composed of two counties, the board of supervisors and the city selection committee in each county within the region shall each nominate not less than two supervisors and not less than two city council members. In regions composed of one county, the board of supervisors and the city selection committee in the county shall each nominate not less than three supervisors and not less than three city council members. Immediately upon selecting the nominees, the board of supervisors and the city selection committee shall send the names of the nominees to either the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, whoever will appoint the replacement. (b) Within 30 days from the date of receipt of the names of the nominees pursuant to subdivision (a), the Governor, the Speaker of the Assembly, or the Senate Committee on Rules, whoever will appoint the replacement, shall either appoint one of the nominees or notify the boards of supervisors and city selection committees within the region that none of the nominees are acceptable and request the boards of supervisors and city selection committees to make additional nominations. Within 45 days from the date of receipt of a notice rejecting all of the nominees, the boards of supervisors and city selection committees within the region shall nominate and send to the appointing authority the names of additional nominees in accordance with subdivision (a). Upon receipt of the names of those additional nominees, the appointing authority shall appoint one of the nominees. SEC. 3. Section 30301.5 of the Public Resources Code is amended to read: 30301.5. A member of the commission serving pursuant to subdivision (a), (b), or (c) of Section 30301 shall be a nonvoting member and may appoint a designee to serve at his or her pleasure who shall have all the powers and duties of the member pursuant to this division. SEC. 4. Section 30310 of the Public Resources Code is amended to read: 30310. In making their appointments pursuant to this division, the Governor, the Senate Rules Committee, and the Speaker of the Assembly shall make good faith efforts to assure that their appointments, as a whole, reflect, to the greatest extent feasible, the economic, social, and geographic diversity of the state. SEC. 5. Section 30512 of the Public Resources Code is amended to read: 30512. (a) The land use plan of a proposed local coastal program shall be submitted to the commission. The commission shall, within 90 days after the submittal, after public hearing, either certify or refuse certification, in whole or in part, of the land use plan pursuant to the following procedure: (1) No later than 60 days after a land use plan has been submitted to it, the commission shall, after public hearing and by majority vote of those members present, determine whether the land use plan, or a portion thereof applicable to an identifiable geographic area, raises no substantial issue as to conformity with the policies of Chapter 3 (commencing with Section 30200). If the commission determines that no substantial issue is raised, the land use plan, or portion thereof applicable to an identifiable area, which raises no substantial issue, shall be deemed certified as submitted. The commission shall adopt findings to support its action. (2) Where the commission determines pursuant to paragraph (1) that one or more portions of a land use plan applicable to one or more identifiable geographic areas raise no substantial issue as to conformity with the policies of Chapter 3 (commencing with Section 30200), the remainder of that land use plan applicable to other identifiable geographic areas shall be deemed to raise one or more substantial issues as to conformity with the policies of Chapter 3 (commencing with Section 30200). The commission shall identify each substantial issue for each geographic area. (3) The commission shall hold at least one public hearing on the matter or matters that have been identified as substantial issues pursuant to paragraph (2). No later than 90 days after the submittal of the land use plan, the commission shall determine whether or not to certify the land use plan, in whole or in part. If the commission fails to act within the required 90-day period, the land use plan, or portion thereof, shall be deemed certified by the commission. (b) If the commission determines not to certify a land use plan, in whole or in part, the commission shall provide a written explanation and may suggest modifications, which, if adopted and transmitted to the commission by the local government, shall cause the land use plan to be deemed certified upon confirmation of the executive director. The local government may elect to meet the commission's refusal of certification in a manner other than as suggested by the commission and may then resubmit its revised land use plan to the commission. If a local government requests that the commission not recommend or suggest modifications which, if made, will result in certification, the commission shall refuse certification with the required findings. (c) The commission shall certify a land use plan, or any amendments thereto, if it finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200). Except as provided in paragraph (1) of subdivision (a), a decision to certify shall require a majority vote of the appointed membership of the commission. SEC. 6. Section 30512.1 of the Public Resources Code is repealed. SEC. 7. Section 30514.1 of the Public Resources Code is amended to read: 30514.1. The commission shall adopt the findings or provide a written explanation or written notice, as appropriate, required by Sections 30512, 30512.2, and 30513 to support its action no later than 60 days after the date on which action was taken.