AB 2616, as amended, Burke. California Coastal Commission: 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
begin delete and would requireend delete 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 begin delete issueend delete 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.end delete
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.end delete
Existing law provides that no local coastal program is required to include housing policies and programs.end delete
This bill would repeal that provision.end delete
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
begin delete requires that,end delete 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 30213 of the Public Resources Code is
2amended to read:
Lower cost visitor and recreational facilities and housing
4opportunities for persons of low and moderate income shall be
5protected, encouraged, and, where feasible, provided.
6Developments providing public recreational opportunities are
8The commission shall not do either of the following:
(a) Require that overnight room rentals be fixed at an amount
10certain for any privately owned and operated hotel, motel, or other
11similar visitor-serving facility located on either public or private
13(b) Establish or approve any method for the identification of
14low or moderate income persons for the purpose of determining
15eligibility for overnight room rentals in any of those facilities.
Section 30301 of the Public Resources Code is
3amended to read:
The commission shall consist of the following 18
6(a) The Secretary of the Natural Resources Agency.
7(b) The Secretary of Transportation.
8(c) The Chairperson of the State Lands Commission.
9(d) Six representatives of the public from the state at large. The
10Governor, the Senate Committee on Rules, and the Speaker of the
11Assembly shall each appoint two of these members.
12(e) Six representatives selected from six coastal regions. The
13Governor shall select one member from the north coast region and
14one member from the south central coast region. The Speaker of
15the Assembly shall select one member from the central coast region
16and one member from the San Diego coast region. The Senate
17Committee on Rules shall select one member from the north central
18coast region and one member from the south coast region. For
19purposes of this division, these regions are defined as follows:
20(1) The north coast region consists of the Counties of Del Norte,
21Humboldt, and Mendocino.
22(2) The north central coast region consists of the Counties of
23Sonoma and Marin and the City and County of San Francisco.
24(3) The central coast region consists of the Counties of San
25Mateo, Santa Cruz, and Monterey.
26(4) The south central coast region consists of the Counties of
27San Luis Obispo, Santa Barbara, and Ventura.
28(5) The south coast region consists of the Counties of Los
29Angeles and Orange.
30(6) The San Diego coast region consists of the County of San
32(f) Three representatives of, and who work directly with,
33communities in the state that are most burdened by, and vulnerable
34to, high levels of pollution and issues of environmental justice, as
35defined in subdivision (e) of Section 65040.12 of the Government
36Code, including, but not limited to, communities with diverse
37racial and ethnic populations and communities with low-income
38populations. The Governor, the Senate Committee on Rules, and
39the Speaker of the Assembly shall each appoint one of these
Section 30500.1 of the Public Resources Code is
Section 30604 of the Public Resources Code is
5amended to read:
(a) Prior to certification of the local coastal program,
7a coastal development permit shall be issued if the issuing agency,
8or the commission on appeal, finds that the proposed development
9is in conformity with Chapter 3 (commencing with Section 30200)
10and that the permitted development will not prejudice the ability
11of the local government to prepare a local coastal program that is
12in conformity with Chapter 3 (commencing with Section 30200).
13A denial of a coastal development permit on grounds it would
14prejudice the ability of the local government to prepare a local
15coastal program that is in conformity with Chapter 3 (commencing
16with Section 30200) shall be accompanied by a specific finding
17that sets forth the basis for that conclusion.
18(b) After certification of the local coastal program, a coastal
19development permit shall be issued if the issuing agency, or the
20commission on appeal, finds that the proposed development is in
21conformity with the certified local coastal program.
22(c) Every coastal development permit issued for any
23development between the nearest public road and the sea or the
24shoreline of any body of water located within the coastal zone
25shall include a specific finding that the development is in
26conformity with the public access and public recreation policies
27of Chapter 3 (commencing with Section 30200).
28(d) No development or any portion thereof that is outside the
29coastal zone shall be subject to the coastal development permit
30requirements of this division, nor shall anything in this division
31authorize the denial of a coastal development permit by the
32commission on the grounds the proposed development within the
33coastal zone will have an adverse environmental effect outside the
35(e) No coastal development permit may be denied under this
36division on the grounds that a public agency is planning or
37contemplating to acquire the property, or property adjacent to the
38property, on which the proposed development is to be located,
39unless the public agency has been specifically authorized to acquire
40the property and there are funds available, or funds that could
P5 1reasonably be expected to be made available within one year, for
2the acquisition. If a permit has been denied for that reason and the
3property has not been acquired by a public agency within a
4reasonable period of time, a permit may not be denied for the
5development on grounds that the property, or adjacent property,
6is to be acquired by a public agency when the application for such
7a development is resubmitted.
8(f) The commission shall encourage housing opportunities for
9persons of low and moderate income. In reviewing residential
10development applications for low- and moderate-income housing,
11as defined in paragraph (3) of subdivision (h) of Section 65589.5
12of the Government Code, the issuing agency, or the commission
13on appeal, may not require measures that reduce residential
14densities below the density sought by an applicant if the density
15sought is within the permitted density or range of density
16established by local zoning plus the additional density permitted
17under Section 65915 of the Government Code, unless the issuing
18agency or the commission on appeal makes a finding, based on
19substantial evidence in the record, that the density sought by the
20applicant cannot feasibly be accommodated on the site in a manner
21that is in conformity with Chapter 3 (commencing with Section
2230200) or the certified local coastal program.
23(g) The Legislature finds and declares that it is important for
24the commission to encourage the protection of existing and the
25provision of new affordable housing opportunities for persons of
26low and moderate income in the coastal zone.
27(h) When acting on a coastal development permit, the issuing
28agency, or the commission on appeal, may consider environmental
29justice, as defined in subdivision (e) of Section 65040.12 of the
30Government Code, or the equitable distribution of environmental
31benefits throughout the state.