Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2616


Introduced by Assembly Member Burke

(Coauthor: Assembly Member Mark Stone)

February 19, 2016


An act to amend Sectionsbegin delete 30213 and 30301 of, and to add Section 30006.6 to,end deletebegin insert 30213, 30301, and 30604 of, and to repeal Section 30500.1 of,end insert the Public Resources Code, relating to coastal resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 2616, as amended, Burke. California Coastal Commission:begin delete membership:end delete environmental justice.

Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the membership and functions and duties of the commission. Existing law provides that the commission consists of 15 members.

This bill would increase the membership of the commission to 18 and would require 3 additional members to be appointed, one each by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, who represent and work directly with communities in the state that are most burdened by, and vulnerable to, high levels of pollution and issue of environmental justice, as defined.

Existing law requires maximum access and recreational opportunities to be provided to the public in the state’s coastal areas and, in that regard, requires lower cost visitor and recreational facilities to be protected, encouraged, and, where feasible, provided.

This bill would additionally require housing opportunities for persons of low and moderate income to be protected, encouraged, and, where feasible, provided in coastal areas. begin deleteThe bill would also specify that the act does not preclude or otherwise restrict the consideration of environmental justice or the equitable distribution of environmental benefits in communities throughout the state.end delete

begin insert

Existing law provides that no local coastal program is required to include housing policies and programs.

end insert
begin insert

This bill would repeal that provision.

end insert
begin insert

Existing law requires any person, as defined, wishing to perform or undertake any development, as defined, in the coastal zone to obtain a permit, except as provided. Existing law prescribes a process for the certification of local coastal programs in the state and requires that, after certification of the coastal program, a coastal development permit be issued if the issuing agency, or the commission on appeal, finds that the proposed development is in conformity with the certified local coastal program.

end insert
begin insert

This bill would authorize the issuing agency, or the commission on appeal, to consider environmental justice, as defined, or the equitable distribution of environmental benefits in communities throughout the state, when acting on a coastal development permit.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin deleteP2    1

SECTION 1.  

Section 30006.6 is added to the Public Resources
2Code
, to read:

3

30006.6.  

This division shall not preclude or otherwise restrict
4the consideration of environmental justice, as defined in
5subdivision (e) of Section 65040.12 of the Government Code, or
6the equitable distribution of environmental benefits in communities
7throughout the state.

end delete
8

begin deleteSEC. 2.end delete
9
begin insertSECTION 1.end insert  

Section 30213 of the Public Resources Code is
10amended to read:

11

30213.  

Lower cost visitor and recreational facilities and housing
12opportunities for persons of low and moderate income shall be
13protected, encouraged, and, where feasible, provided.
14Developments providing public recreational opportunities are
15preferred.

16The commission shall not do either of the following:

P3    1 (a) Require that overnight room rentals be fixed at an amount
2certain for any privately owned and operated hotel, motel, or other
3similar visitor-serving facility located on either public or private
4lands.

5(b) Establish or approve any method for the identification of
6low or moderate income persons for the purpose of determining
7eligibility for overnight room rentals in any of those facilities.

8

begin deleteSEC. 3.end delete
9
begin insertSEC. 2.end insert  

Section 30301 of the Public Resources Code is
10amended to read:

11

30301.  

The commission shall consist of the following 18
12members:

13(a) The Secretary of the Natural Resources Agency.

14(b) The Secretary of Transportation.

15(c) The Chairperson of the State Lands Commission.

16(d) Six representatives of the public from the state at large. The
17Governor, the Senate Committee on Rules, and the Speaker of the
18Assembly shall each appoint two of these members.

19(e) Six representatives selected from six coastal regions. The
20Governor shall select one member from the north coast region and
21one member from the south central coast region. The Speaker of
22the Assembly shall select one member from the central coast region
23and one member from the San Diego coast region. The Senate
24Committee on Rules shall select one member from the north central
25coast region and one member from the south coast region. For
26purposes of this division, these regions are defined as follows:

27(1) The north coast region consists of the Counties of Del Norte,
28Humboldt, and Mendocino.

29(2) The north central coast region consists of the Counties of
30Sonoma and Marin and the City and County of San Francisco.

31(3) The central coast region consists of the Counties of San
32Mateo, Santa Cruz, and Monterey.

33(4) The south central coast region consists of the Counties of
34San Luis Obispo, Santa Barbara, and Ventura.

35(5) The south coast region consists of the Counties of Los
36Angeles and Orange.

37(6) The San Diego coast region consists of the County of San
38Diego.

39(f) Three representatives of, and who work directly with,
40communities in the state that are most burdened by, and vulnerable
P4    1to, high levels of pollution and issues of environmental justice, as
2defined in subdivision (e) of Section 65040.12 of the Government
3Code, including, but not limited to, communities with diverse
4racial and ethnic populations and communities with low-income
5populations. The Governor, the Senate Committee on Rules, and
6the Speaker of the Assembly shall each appoint one of these
7members.

8begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 30500.1 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
9repealed.end insert

begin delete
10

30500.1.  

No local coastal program shall be required to include
11housing policies and programs.

end delete
12begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 30604 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
13amended to read:end insert

14

30604.  

(a) Prior to certification of the local coastal program,
15a coastal development permit shall be issued if the issuing agency,
16or the commission on appeal, finds that the proposed development
17is in conformity with Chapter 3 (commencing with Section 30200)
18and that the permitted development will not prejudice the ability
19of the local government to prepare a local coastal program that is
20in conformity with Chapter 3 (commencing with Section 30200).
21A denial of a coastal development permit on grounds it would
22prejudice the ability of the local government to prepare a local
23coastal program that is in conformity with Chapter 3 (commencing
24with Section 30200) shall be accompanied by a specific finding
25that sets forth the basis for that conclusion.

26(b) After certification of the local coastal program, a coastal
27development permit shall be issued if the issuingbegin delete agencyend deletebegin insert agency,end insert
28 or the commission onbegin delete appealend deletebegin insert appeal,end insert finds that the proposed
29development is in conformity with the certified local coastal
30program.

31(c) Every coastal development permit issued for any
32development between the nearest public road and the sea or the
33shoreline of any body of water located within the coastal zone
34shall include a specific finding that the development is in
35conformity with the public access and public recreation policies
36of Chapter 3 (commencing with Section 30200).

37(d) No development or any portion thereof that is outside the
38coastal zone shall be subject to the coastal development permit
39requirements of this division, nor shall anything in this division
40authorize the denial of a coastal development permit by the
P5    1commission on the grounds the proposed development within the
2coastal zone will have an adverse environmental effect outside the
3coastal zone.

4(e) No coastal development permit may be denied under this
5division on the grounds that a public agency is planning or
6contemplating to acquire thebegin delete property on,end deletebegin insert property,end insert or property
7adjacent to thebegin delete property on,end deletebegin insert property, onend insert which the proposed
8development is to be located, unless the public agency has been
9specifically authorized to acquire the property and there are funds
10available, or funds that could reasonably be expected to be made
11available within one year, for the acquisition. If a permit has been
12denied for that reason and the property has not been acquired by
13a public agency within a reasonable period of time, a permit may
14not be denied for the development on grounds that the property,
15or adjacent property, is to be acquired by a public agency when
16the application for such a development is resubmitted.

17(f) The commission shall encourage housing opportunities for
18persons of low and moderate income. In reviewing residential
19development applications for low- and moderate-income housing,
20as defined in paragraph (3) of subdivision (h) of Section 65589.5
21of the Government Code, the issuingbegin delete agencyend deletebegin insert agency,end insert or the
22begin delete commission,end deletebegin insert commissionend insert on appeal, may not require measures that
23reduce residential densities below the density sought by an
24applicant if the density sought is within the permitted density or
25range of density established by local zoning plus the additional
26density permitted under Section 65915 of the Government Code,
27unless the issuing agency or the commission on appeal makes a
28finding, based on substantial evidence in the record, that the density
29sought by the applicant cannot feasibly be accommodated on the
30site in a manner that is in conformity with Chapter 3 (commencing
31with Section 30200) or the certified local coastal program.

32(g) The Legislature finds and declares that it is important for
33the commission to encourage the protection of existing and the
34provision of new affordable housing opportunities for persons of
35low and moderate income in the coastal zone.

begin insert

36
(h) When acting on a coastal development permit, the issuing
37agency, or the commission on appeal, may consider environmental
38justice, as defined in subdivision (e) of Section 65040.12 of the
P6    1Government Code, or the equitable distribution of environmental
2benefits throughout the state.

end insert


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