BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2002


                                                                    Page  1





          ASSEMBLY THIRD READING


          AB  
          2002 (Mark Stone, et al.)


          As Amended  April 12, 2016


          2/3 vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Elections       |6-1  |Weber, Harper,        |Travis Allen        |
          |                |     |Gordon, Low, Mullin,  |                    |
          |                |     |Nazarian              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Natural         |7-2  |Williams, Cristina    |Jones, Harper       |
          |Resources       |     |Garcia, Gomez,        |                    |
          |                |     |Hadley, McCarty, Mark |                    |
          |                |     |Stone, Wood           |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-6 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |Bonilla, Bonta,       |Gallagher, Jones,   |
          |                |     |Calderon, Daly,       |Obernolte, Wagner   |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |








                                                                    AB 2002


                                                                    Page  2





          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Provides that communicating with the California  
          Coastal Commission (Commission) in order to influence specified  
          actions can result in a person being considered a "lobbyist"  
          under the Political Reform Act (PRA).  Prohibits an ex parte  
          communication with a member of the Commission regarding a matter  
          during the 24 hours before that matter will be discussed at a  
          Commission hearing.  Specifically, this bill:  


          1)Provides that communications with members of the Commission  
            regarding specified business before the Commission can result  
            in a person being considered a lobbyist under the PRA:


             a)   Provides that the proposal, drafting, development,  
               consideration, amendment, enactment, or defeat of any rule,  
               regulation, permit action, federal consistency review,  
               appeal, local coastal program, port master plan, public  
               works plan, long-range development plan, or categorical or  
               other exclusion from coastal development permit  
               requirements, with respect to proceedings before the  
               Commission, is considered to be an "administrative action,"  
               for the purposes of the PRA, thereby making attempts to  
               influence these actions subject to the lobbying rules found  
               in the PRA.


             b)   Provides, for the purposes of a matter before the  
               Commission, that the term "agency official" only means a  
               member of the Commission, thereby generally excluding  
               communications with staff or consultants from the types of  
               communications that may result in a person being classified  
               as a lobbyist under this bill.










                                                                    AB 2002


                                                                    Page  3





             c)   Provides that an employee of a local government agency  
               seeking, within the scope of his or her employment, to  
               influence quasi-judicial decisions of the Commission, does  
               not subject that employee to the lobbying requirements in  
               the PRA.


          2)Requires a member of the Commission to disclose any ex parte  
            communication in writing at least 24 hours before a hearing if  
            the communication occurs within seven days of the next hearing  
            and relates to a matter that the Commission will discuss at  
            the hearing.  Prohibits a member of the Commission, or an  
            interested person in a Commission action, from conducting an  
            ex parte communication within 24 hours before a hearing  
            regarding a matter that the Commission will discuss at that  
            hearing.  


          3)Makes corresponding and technical changes.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee analysis:


          1)Due to the bill's expanding the regulation of lobbying into  
            matters before the Commission, the Fair Political Practices  
            Commission (FPPC) will require two positions, at an annual  
            General Fund cost of around $200,000 to amend regulations and  
            manuals, respond to additional advice requests, and for  
            additional enforcement.


          2)Minor absorbable costs to the Commission associated with an  
            increase in public disclosures for ex parte communications  
            occurring within seven days before the hearing on any matter.


          COMMENTS:  According to the author, "AB 2002 will amend the  








                                                                    AB 2002


                                                                    Page  4





          California Coastal Act and the [PRA] to require that those  
          lobbying the Commission must register with the [FPPC] as a  
          lobbyist; they must? disclose activities they are pursuing on  
          behalf of a client.  The decisions made by the Commission can  
          have broad and lasting impacts on coastal conservation and  
          coastal access.  The Commission works with cities and counties  
          in the coastal zone to approve land use policy that reflects the  
          values put forth by the voters in 1972.  Due to the gravity of  
          these decisions, transparency of the process? is critical."

          The Commission is an independent, quasi-judicial state agency  
          generally charged with the management and regulation of  
          California's coastal resources.  The Commission is empowered to  
          act as a policy-maker and a regulator with regard to coastal  
          resources, and is heavily lobbied by the many interests affected  
          by its policies and decisions.

          Under existing law, individuals and entities that make or  
          receive specified levels of payments for the purpose of  
          influencing legislative or administrative actions may be  
          required to comply with the state's lobbying rules, including  
          requirements to register and file periodic reports.  The term  
          "legislative action," for these purposes, is limited to matters  
          before the Legislature and the action of the Governor in  
          approving or vetoing bills. The term "administrative action" is  
          defined primarily to include rule- and rate-making, the adoption  
          of regulations, and quasi-legislative proceedings.  Most of the  
          Commission's proceedings are quasi-judicial.  Because  
          quasi-judicial proceedings are not legislative or administrative  
          actions, payments for the purpose of influencing quasi-judicial  
          proceedings do not currently trigger the lobbying rules found in  
          the PRA.

          Most boards and commissions that conduct quasi-judicial hearings  
          prohibit members from having ex parte communications with  
          interested parties.  This ban does not apply to members of the  
          Commission.  Instead, members of the Commission are required to  
          publicly disclose any ex parte communication.









                                                                    AB 2002


                                                                    Page  5





          California voters passed an initiative, Proposition 9, in 1974  
          that created the FPPC and codified significant restrictions and  
          prohibitions on candidates, officeholders and lobbyists.  That  
          initiative is commonly known as the PRA.  Amendments to the PRA  
          that are not submitted to the voters, such as those contained in  
          this bill, must further the purposes of the initiative and  
          require a two-thirds vote of both houses of the Legislature.

          Please see the policy committee analysis for a full discussion  
          of this bill.



          Analysis Prepared by:                                             
                          Ethan Jones / E. & R. / (916) 319-2094  FN:  
          0003123