BILL ANALYSIS                                                                                                                                                                                                    Ó





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2013-2014 Regular Session                    |
          |                                                                 |
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          BILL NO: AB 474                    HEARING DATE: June 10, 2014  
          AUTHOR: Stone                      URGENCY: No  
          VERSION: January 6, 2014           CONSULTANT: Bill Craven  
          DUAL REFERRAL: Judiciary           FISCAL: Yes  
          SUBJECT: California Coastal Commission: ex parte communications:  
          disclosure forms.  
          
          BACKGROUND AND EXISTING LAW
          Existing law establishes the California Coastal Commission (CCC)  
          and charges it with the implementation of the substantive  
          provisions of California Coastal Act as well as numerous  
          procedural provisions of that act. One of those provisions  
          prohibits ex parte communications between a member of the CCC  
          and persons with an interest in a matter pending before the CCC  
          unless the member of the CCC provides a public report of the  
          communication as specified in the act. 
           
          The Coastal Act defines "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. 


          It also defines "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. 


          The act requires the CCC to adopt standard disclosure forms for  
          ex parte communications that include: 

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

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          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. 

          PROPOSED LAW
          This bill adds to the existing ex parte communications  
          disclosure provisions requirements that the disclosure also  
          include: 

          1. The identity of the person on whose behalf the communication  
          was made. 
          2. The identity of all persons present during the communication.  

          3. A complete, comprehensive description of the content of the  
          ex parte communication, including a complete set of all text and  
          graphic material that was part of the communication. 

          ARGUMENTS IN SUPPORT
          According to CalPirg, existing law is limited to the individuals  
          who initiated the communication and the individuals who received  
          the communication, and does not extend to disclosure of  
          information about all communication participants. The Surfrider  
          Foundation makes the same point and urges support as a way of  
          providing greater public transparency. 

          ARGUMENTS IN OPPOSITION
          None received. 

          COMMENTS
          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 official received the communication. However,  
          existing law exempts the CCC from the APA and establishes  
          separate requirements, described above, 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,  
          not the identity of those in attendance who did not initiate the  
          communication. 

          According to the author, this oversight in existing law prevents  
          the public from accessing all of the information that would  
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          provide an accurate explanation of the ex parte communication. 

          SUPPORT
          CALPIRG
          Surfrider 
          North County Watch

          OPPOSITION
          None Received






































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