Amended in Senate August 2, 2016

Amended in Assembly May 31, 2016

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 Sections 30301 and 30604begin delete ofend deletebegin insert of, and to add Sections 30013 and 30107.3 to,end insert the Public Resources Code, relating to coastal resources.

LEGISLATIVE COUNSEL’S DIGEST

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 wouldbegin delete increase the membership of the commission to 18 by requiring 3 additional members to be appointed,end deletebegin insert require that three of the 12 voting representatives be individualsend insertbegin delete one each by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly,end delete whobegin delete representend deletebegin insert reside in,end insert and work directlybegin delete withend deletebegin insert with,end insert communities in the state that arebegin delete mostend deletebegin insert disproportionatelyend insert burdened by, and vulnerable to, high levels of pollution and issues of environmental justice, as defined.begin insert The bill would require that the Governor, the Senate Committee on Rules, and the Speaker of the Assembly each appoint a member so qualified to a vacant position from the appointments available, no later than the fourth appointment of each appointing authority after January 1, 2017.end 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, after certification of the local coastal program, a coastal development permit to 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 30013 is added to the end insertbegin insertPublic Resources
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert30013.end insert  

The Legislature further finds and declares that in order
4to advance the principles of environmental justice and equality,
5subdivision (a) of Section 11135 of the Government Code and
6subdivision (e) of Section 65040.12 of the Government Code apply
7to the commission and all public agencies implementing the
8provisions of this division. As required by Section 11135 of the
9Government Code, no person in the State of California, on the
10basis of race, national origin, ethnic group identification, religion,
11age, sex, sexual orientation, color, genetic information, or
12disability, shall be unlawfully denied full and equal access to the
13benefits of, or be unlawfully subjected to discrimination, under
14any program or activity that is conducted, operated, or
15administered pursuant to this division, is funded directly by the
16state for purposes of this division, or receives any financial
17assistance from the state pursuant to this division.

end insert
18begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 30107.3 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
19to read:end insert

begin insert
P3    1

begin insert30107.3.end insert  

“Environmental justice” means the fair treatment of
2people of all races, cultures, and incomes with respect to the
3development, adoption, implementation, and enforcement of
4environmental laws, regulations, and policies.

end insert
5

begin deleteSECTION 1.end delete
6
begin insertSEC. 3.end insert  

Section 30301 of the Public Resources Code is
7amended to read:

8

30301.  

The commission shall consist of the followingbegin delete 18end deletebegin insert 15end insert
9 members:

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

11(b) The Secretary of Transportation.

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

13(d) Six representatives of the public from the state at large. The
14Governor, the Senate Committee on Rules, and the Speaker of the
15Assembly shall each appoint two of these members.

16(e) Six representatives selected from six coastal regions. The
17Governor shall select one member from the north coast region and
18one member from the south central coast region. The Speaker of
19the Assembly shall select one member from the central coast region
20and one member from the San Diego coast region. The Senate
21Committee on Rules shall select one member from the north central
22coast region and one member from the south coast region. For
23purposes of this division, these regions are defined as follows:

24(1) The north coast region consists of the Counties of Del Norte,
25Humboldt, and Mendocino.

26(2) The north central coast region consists of the Counties of
27Sonoma and Marin and the City and County of San Francisco.

28(3) The central coast region consists of the Counties of San
29Mateo, Santa Cruz, and Monterey.

30(4) The south central coast region consists of the Counties of
31San Luis Obispo, Santa Barbara, and Ventura.

32(5) The south coast region consists of the Counties of Los
33Angeles and Orange.

34(6) The San Diego coast region consists of the County of San
35Diego.

36(f) Threebegin delete representatives of,end deletebegin insert of the 12 voting representatives
37shall be individuals who reside in,end insert
and who work directly with,
38communities in the state that arebegin delete mostend deletebegin insert disproportionatelyend insert burdened
39by, and vulnerable to, high levels of pollution and issues of
40environmental justice,begin delete as defined in subdivision (e) of Section
P4    165040.12 of the Government Code,end delete
including, but not limited to,
2communities with diverse racial and ethnic populations and
3communities with low-income populations. The Governor, the
4Senate Committee on Rules, and the Speaker of the Assembly
5shall each appointbegin delete one of these members.end deletebegin insert a member qualified
6pursuant to this subdivision to a vacant position from the
7appointments available pursuant to either subdivision (d) or (e),
8no later than the fourth appointment of each appointing authority
9after January 1, 2017.end insert

10

begin deleteSEC. 2.end delete
11
begin insertSEC. 4.end insert  

Section 30604 of the Public Resources Code is
12amended to read:

13

30604.  

(a) Prior to certification of the local coastal program,
14a coastal development permit shall be issued if the issuing agency,
15or the commission on appeal, finds that the proposed development
16is in conformity with Chapter 3 (commencing with Section 30200)
17and that the permitted development will not prejudice the ability
18of the local government to prepare a local coastal program that is
19in conformity with Chapter 3 (commencing with Section 30200).
20A denial of a coastal development permit on grounds it would
21prejudice the ability of the local government to prepare a local
22coastal program that is in conformity with Chapter 3 (commencing
23with Section 30200) shall be accompanied by a specific finding
24that sets forth the basis for that conclusion.

25(b) After certification of the local coastal program, a coastal
26development permit shall be issued if the issuing agency, or the
27commission on appeal, finds that the proposed development is in
28conformity with the certified local coastal program.

29(c) Every coastal development permit issued for any
30development between the nearest public road and the sea or the
31shoreline of any body of water located within the coastal zone
32 shall include a specific finding that the development is in
33conformity with the public access and public recreation policies
34of Chapter 3 (commencing with Section 30200).

35(d) No development or any portion thereof that is outside the
36coastal zone shall be subject to the coastal development permit
37requirements of this division, nor shall anything in this division
38authorize the denial of a coastal development permit by the
39commission on the grounds the proposed development within the
P5    1coastal zone will have an adverse environmental effect outside the
2coastal zone.

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

16(f) The commission shall encourage housing opportunities for
17persons of low and moderate income. In reviewing residential
18development applications for low- and moderate-income housing,
19as defined in paragraph (3) of subdivision (h) of Section 65589.5
20of the Government Code, the issuing agency, or the commission
21on appeal, may not require measures that reduce residential
22densities below the density sought by an applicant if the density
23sought is within the permitted density or range of density
24established by local zoning plus the additional density permitted
25under Section 65915 of the Government Code, unless the issuing
26agency or the commission on appeal makes a finding, based on
27substantial evidence in the record, that the density sought by the
28applicant cannot feasibly be accommodated on the site in a manner
29that is in conformity with Chapter 3 (commencing with Section
3030200) or the certified local coastal program.

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

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



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