BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 474
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          Date of Hearing:   January 13, 2014

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                    AB 474 (Stone) - As Amended:  January 6, 2014
           
          SUBJECT  :   California Coastal Commission:  ex parte  
          communications:  disclosure forms

           SUMMARY  :   Requires that the disclosure forms for Coastal  
          Commission (Commission) ex parte communications include the  
          identity of the person on whose behalf a communication was made  
          and the identity of all persons present during the  
          communication.  

           EXISTING LAW  :  

          1)Specifies that no member of the Commission, or interested  
            person, conduct an ex parte communication unless the member  
            provides a public report of the communication, as specified.

          2)Defines an "ex parte communication" as any oral or written  
            communication between a member of the Commission and an  
            interested person about a matter within the Commission's  
            jurisdiction, which does not occur in a public hearing,  
            workshop, or other official proceeding or that is not on the  
            record at such a proceeding.  

          3)Defines an "interested person" as any applicant, an agent or  
            employee of the applicant, or a person receiving consideration  
            for representing the applicant; a participant in a proceeding  
            on any matter before the Commission; or, any person with a  
            financial interest in a matter before the Commission.  

          4)Requires the Commission to adopt standard disclosure forms for  
            ex parte communications that include: 

             a)   The date, time, and location of the communication; 

             b)   The identity of the person or persons initiating and  
               receiving the communication; and,

             c)   A complete description of the content of the  
               communication, including the text of any written materials.  
                








                                                                  AB 474
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           FISCAL EFFECT  :   Unknown

           COMMENTS  :   Ex parte communications refer to any communication  
          made in private (i.e., off the record and without notice and  
          opportunity for all parties to participate) between an  
          interested party in a decision making process and any state  
          official in a decision making position.  Ex parte communication  
          disclosure requirements for state policy makers are intended to  
          provide the public with information regarding all information  
          relating to a decision and to prevent bias in decision makers.  

          The state's general ex parte communications requirements within  
          the Administrative Procedure Act require the disclosure of the  
          substance of the communication and the identity of each person  
          from whom the presiding officer received the communication.    
          However, existing law exempts the Commission from the Act and  
          establishes separate requirements within the Public Resources  
          Code.  Under these provisions, members of the Commission are  
          only required to disclose the identities of the person  
          initiating a communication and receiving a communication.  The  
          law does not require the disclosure of the identity of all  
          parties that participate in ex parte communications with  
          Commission members.  

          According to the author, this oversight in existing law prevents  
          the public from accessing all of the information that would  
          provide an accurate explanation of the ex parte communication.   
          "This bill is a simple fix to existing law to ensure greater  
          transparency for ex parte communications with Coastal Commission  
          members."  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092 









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