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 require
begin delete that three of the 12 voting representatives be individuals whoend delete
reside in, and work directly with, communities in the state that are disproportionately burdened by, and vulnerable to, high levels of pollution and issues of environmental justice, as defined. The bill would require that the begin delete Governor, the Senate Committee on Rules, and the Speaker of the Assembly each appoint a member so qualifiedend delete to a vacant position from the appointments begin delete available,end delete
no later than the fourth appointment begin delete of each appointing authorityend delete after January 1, 2017.
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:
Section 30013 is added to the Public Resources
2Code, to read:
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 administered
15 pursuant to this division, is funded directly by the state for purposes
16of this division, or receives any financial assistance from the state
17pursuant to this division.
Section 30107.3 is added to the Public Resources Code,
“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.
Section 30301 of the Public Resources Code is
6amended to read:
The commission shall consist of the following 15
9(a) The Secretary of the Natural Resources Agency.
10(b) The Secretary of Transportation.
11(c) The Chairperson of the State Lands Commission.
12(d) Six representatives of the public from the state at large. The
13Governor, the Senate Committee on Rules, and the Speaker of the
14Assembly shall each appoint two of these members.
15(e) Six representatives selected from six coastal regions. The
16Governor shall select one member from the north coast region and
17one member from the south central coast region. The Speaker of
18the Assembly shall select one member from the central coast region
19and one member from the San Diego coast region. The Senate
20Committee on Rules shall select one member from the north central
21coast region and one member from the south coast region. For
22purposes of this division, these regions are defined as follows:
23(1) The north coast region consists of the Counties of Del Norte,
24Humboldt, and Mendocino.
25(2) The north central coast region consists of the Counties of
26Sonoma and Marin and the City and County of San Francisco.
27(3) The central coast region consists of the Counties of San
28Mateo, Santa Cruz, and Monterey.
29(4) The south central coast region consists of the Counties of
30San Luis Obispo, Santa Barbara, and Ventura.
31(5) The south coast region consists of the Counties of Los
32Angeles and Orange.
33(6) The San Diego coast region consists of the County of San
begin deleteThree of the 12 voting representatives shall be individuals reside in,
36who end delete
begin delete whoend delete
work directly with, communities in the state that are
39disproportionately burdened by, and vulnerable to, high levels of
40pollution and issues of environmental justice, including, but not
P4 1limited to, communities with diverse racial and ethnic populations
2and communities with low-income
begin delete populations. The Governor,
3the Senate Committee on Rules, and the Speaker of the Assembly
4shall each appoint a member qualified pursuant to this subdivisionend delete
5 to a vacant position from the
7appointments available pursuant to either subdivision (d) or
begin delete (e),end delete
8 no later than the fourth appointment
begin delete of each appointing after January 1, 2017.
Section 30604 of the Public Resources Code is
11amended to read:
(a) Prior to certification of the local coastal program,
13a coastal development permit shall be issued if the issuing agency,
14or the commission on appeal, finds that the proposed development
15is in conformity with Chapter 3 (commencing with Section 30200)
16and that the permitted development will not prejudice the ability
17of the local government to prepare a local coastal program that is
18in conformity with Chapter 3 (commencing with Section 30200).
19A denial of a coastal development permit on grounds it would
20prejudice the ability of the local government to prepare a local
21coastal program that is in conformity with Chapter 3 (commencing
22with Section 30200) shall be accompanied by a specific finding
23that sets forth the basis for that conclusion.
24(b) After certification of the local coastal program, a coastal
25development permit shall be issued if the issuing agency, or the
26commission on appeal, finds that the proposed development is in
27conformity with the certified local coastal program.
28(c) Every coastal development permit issued for any
29development between the nearest public road and the sea or the
30shoreline of any body of water located within the coastal zone
31shall include a specific finding that the development is in
32conformity with the public access and public recreation policies
33of Chapter 3 (commencing with Section 30200).
34(d) No development or any portion thereof that is outside the
35coastal zone shall be subject to the coastal development permit
36requirements of this division, nor shall anything in this division
37authorize the denial of a coastal development permit by the
38commission on the grounds the proposed development within the
39coastal zone will have an adverse environmental effect outside the
P5 1(e) No coastal development permit may be denied under this
2division on the grounds that a public agency is planning or
3contemplating to acquire the property, or property adjacent to the
4property, on which the proposed development is to be located,
5unless the public agency has been specifically authorized to acquire
6the property and there are funds available, or funds that could
7reasonably be expected to be made available within one year, for
8the acquisition. If a permit has been denied for that reason and the
9property has not been acquired by a public agency within a
10reasonable period of time, a permit may not be denied for the
11development on grounds that the property, or adjacent property,
12is to be acquired by a public agency when the application for such
13a development is resubmitted.
14(f) The commission shall encourage housing opportunities for
15persons of low and moderate income. In reviewing residential
16development applications for low- and moderate-income housing,
17as defined in paragraph (3) of subdivision (h) of Section 65589.5
18of the Government Code, the issuing agency, or the commission
19on appeal, may not require measures that reduce residential
20densities below the density sought by an applicant if the density
21sought is within the permitted density or range of density
22established by local zoning plus the additional density permitted
23under Section 65915 of the Government Code, unless the issuing
24agency or the commission on appeal makes a finding, based on
25substantial evidence in the record, that the density sought by the
26applicant cannot feasibly be accommodated on the site in a manner
27that is in conformity with Chapter 3 (commencing with Section
2830200) or the certified local coastal program.
29(g) The Legislature finds and declares that it is important for
30the commission to encourage the protection of existing and the
31provision of new affordable housing opportunities for persons of
32low and moderate income in the coastal zone.
33(h) When acting on a coastal development permit, the issuing
34agency, or the commission on appeal, may consider environmental
35justice, or the equitable distribution of environmental benefits
36throughout the state.