Amended in Senate August 16, 2016

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 Bill No. 2616

Introduced by Assembly Member Burke

(Coauthor: Assembly Member Mark Stone)

February 19, 2016

An act to amend Sections 30301 and 30604 of, and to add Sections 30013 and 30107.3 to, 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 would require begin delete that three of the 12 voting representatives be individuals who end delete begin insert one of the members appointed by the Governor to end insert 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 qualified end delete begin insert Governor appoint a member who meets these qualifications end insert to a vacant position from the appointments begin delete available, end delete begin insert available end insert no later than the fourth appointment begin delete of each appointing authority end delete begin insert available end insert 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 1.  

Section 30013 is added to the Public Resources
Code, to read:

30013.  

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

SEC. 2.  

Section 30107.3 is added to the Public Resources Code,
to read:

30107.3.  

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

SEC. 3.  

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

30301.  

The commission shall consist of the following 15
members:

(a) The Secretary of the Natural Resources Agency.

(b) The Secretary of Transportation.

(c) The Chairperson of the State Lands Commission.

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

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

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

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

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

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

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

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

(f)  begin delete Three of the 12 voting representatives shall be individuals
who end delete begin insert Of the representatives appointed by the Governor pursuant
to subdivision (d) or (e), one of the representatives shall end insert reside in,
and begin delete who end delete work directly with, communities in the state that are
disproportionately burdened by, and vulnerable to, high levels of
pollution and issues of environmental justice, including, but not
limited to, communities with diverse racial and ethnic populations
and communities with low-income begin delete populations. The Governor,
the Senate Committee on Rules, and the Speaker of the Assembly
shall each appoint a member qualified pursuant to this subdivision end delete
begin insert populations. The Governor shall appoint a representative qualified
pursuant to this subdivision end insert to a vacant position from the
appointments available pursuant to either subdivision (d) or begin delete (e), end delete
begin insert (e) end insert no later than the fourth appointment begin delete of each appointing
authority end delete begin insert available end insert after January 1, 2017.

SEC. 4.  

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

30604.  

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

(b) After certification of the local coastal program, a coastal
development permit shall 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.

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

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

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

(f) The commission shall encourage housing opportunities for
persons of low and moderate income. In reviewing residential
development applications for low- and moderate-income housing,
as defined in paragraph (3) of subdivision (h) of Section 65589.5
of the Government Code, the issuing agency, or the commission
on appeal, may not require measures that reduce residential
densities below the density sought by an applicant if the density
sought is within the permitted density or range of density
established by local zoning plus the additional density permitted
under Section 65915 of the Government Code, unless the issuing
agency or the commission on appeal makes a finding, based on
substantial evidence in the record, that the density sought by the
applicant cannot feasibly be accommodated on the site in a manner
that is in conformity with Chapter 3 (commencing with Section
30200) or the certified local coastal program.

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

(h) When acting on a coastal development permit, the issuing
agency, or the commission on appeal, may consider environmental
justice, or the equitable distribution of environmental benefits
throughout the state.