BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 474|
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CONSENT
Bill No: AB 474
Author: Stone (D)
Amended: 1/6/14 in Assembly
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 6/10/14
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE JUDICIARY COMMITTEE : 6-0, 6/17/14
AYES: Jackson, Corbett, Lara, Leno, Monning, Vidak
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 1/29/14 (Consent) - See last page for
vote
SUBJECT : California Coastal Commission: ex parte
communications:
disclosure forms
SOURCE : Author
DIGEST : This bill adds to the existing ex parte
communications disclosure provisions requirements that the
disclosure also include the identity of the person on whose
behalf the communication was made, the identity of all persons
present during the communication, and a complete, comprehensive
description of the content of the ex parte communication,
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including a complete set of all text and graphic material that
was part of the communication.
ANALYSIS : Existing law:
1.Establishes the California Coastal Commission (Commission) and
charges it with the implementation of the substantive
provisions of California Coastal Act (Act) as well as numerous
procedural provisions of that Act. One of those provisions
prohibits ex parte communications between a member of the
Commission and persons with an interest in a matter pending
before the Commission unless the member of the Commission
provides a public report of the communication as specified in
the Act.
2.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.
3.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.
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.
This bill adds to the existing ex parte communications
disclosure provisions requirements that the disclosure also
include:
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/30/14)
CALPIRG
Surfrider
North County Watch
ARGUMENTS IN SUPPORT : The Surfrider Foundation, in support,
observes that this bill would provide greater transparency for
ex parte communications with members of the Commission and that:
"Current law does not require disclosure of information about
all communication participants. This simple fix to the law will
place into statute a requirement that information about all
participants in ex parte communications be disclosed. The
Commission manages [some] of the most expensive real estate on
the [planet] and therefore it is critical the ex parte
communications are open and transparent to ensure protection of
coastal resources, as required by the ? Act."
ASSEMBLY FLOOR : 78-0, 1/29/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Holden, Jones, Jones-Sawyer, Levine, Linder, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez
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NO VOTE RECORDED: Logue, Perea
RM:nl 6/30/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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