BILL ANALYSIS Ó AB 474 Page 1 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 Page 2 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 AB 474 Page 3