BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2002 (Mark Stone) - Political Reform Act of 1974: California
Coastal Commission: communications
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|Version: April 12, 2016 |Policy Vote: E. & C.A. 4 - 1, |
| | N.R. & W. 6 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 1, 2016 |Consultant: Robert Ingenito |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2002 would (1) provide that communicating with the
California Coastal Commission in order to influence specified
actions can result in a person being considered a "lobbyist"
under the Political Reform Act (PRA), and (2) prohibit 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.
Fiscal
Impact:
The Fair Political Practices Commission (FPPC) indicates
that it would incur first-year costs of $215,000, and
ongoing annual costs of $201,000 to implement the
provisions of the bill (General Fund).
AB 2002 (Mark Stone) Page 1 of
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The California Coastal Commission would incur costs of
up to $240,000 annually related to conducting site visits
under the provisions of the bill.
Background: The Coastal Commission (Commission) was established by voter
initiative in 1972 (Proposition 20) and later made permanent by
the Legislature through adoption of the California Coastal Act
of 1976 (Coastal Act). In partnership with coastal cities and
counties, the Commission plans and regulates the use of land and
water in the coastal zone. Development activities, which are
broadly defined by the Coastal Act to include construction of
buildings, divisions of land, and activities that change the
intensity of use of land or public access to coastal waters,
generally require a Coastal Development Permit (CDP) from either
the Commission or the local government with a certified Local
Coastal Program (LCP).
The Commission is an independent, quasi-judicial state agency,
and is composed of 12 voting members, appointed equally (four
each) by the Governor, the Senate Rules Committee, and the
Speaker of the Assembly. Six of the voting commissioners are
locally elected officials and six are appointed from the public
at large. Three ex officio (non-voting) members represent the
Natural Resources Agency, the Transportation Agency, and the
State Lands Commission.
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 a decision and to prevent bias
in decision makers.
Prior to 1992, there was no mention of ex parte communications
in the Coastal Act. In 2014, AB 474 (Stone, Chapter 125,
Statutes of 2014), expanded ex parte communications reporting
requirements. The additions to the reporting requirements
included the identity of the person on whose behalf the
communication was made, the identity of all persons present
AB 2002 (Mark Stone) Page 2 of
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during the communication, and 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.
Proposed Law:
This bill would do the following:
Provide that communicating with the Commission in order
to influence specified actions can result in a person being
considered a "lobbyist" under the Political Reform Act
(PRA).
Require Commissioners 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.
Prohibit Commissioners 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.
Related
Legislation: SB 1190 (Jackson) would prohibit all ex parte
communications at the Commission. The bill is currently pending
in the Assembly Appropriations Committee.
Staff
Comments: Due to the bill's expanding the regulation of lobbying
into matters before the Commission, FPPC would require two
positions, at an annual General Fund cost of around $200,000 to
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amend regulations and manuals, respond to additional advice
requests, and for additional enforcement.
The work of Coastal Commissioners involves, among other duties,
voting monthly on several dozen permits, appeals, and agreements
of settlements of enforcement. It is common that Commissioners
will participate in site visits prior to a meeting to see
first-hand issues that may be considered in a meeting. By
creating a 24 hour blackout period on ex parte communication,
the Commission indicates that the bill would require that any
site visits conducted in that time period be done as formal
commission meetings with public participation. Costs resulting
from the bill would range from $3,000 to $10,000 per site visit,
depending on public interest. Assuming two site visits per
meeting, total annual costs could range from $72,000 to
$240,000. This estimate excludes live streaming, translation
services, and other access costs that typical commission
meetings incur.
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