BILL NUMBER: AB 2616	CHAPTERED
	BILL TEXT

	CHAPTER  578
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2016
	PASSED THE SENATE  AUGUST 29, 2016
	PASSED THE ASSEMBLY  AUGUST 30, 2016
	AMENDED IN SENATE  AUGUST 16, 2016
	AMENDED IN SENATE  AUGUST 2, 2016
	AMENDED IN ASSEMBLY  MAY 31, 2016
	AMENDED IN ASSEMBLY  APRIL 12, 2016

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, 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 one of the members of the commission
appointed by the Governor to 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 Governor appoint
a member who meets these qualifications to a vacant position from
the appointments available no later than the fourth appointment
available 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.


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) Of the representatives appointed by the Governor pursuant to
subdivision (d) or (e), one of the representatives shall 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, including, but not
limited to, communities with diverse racial and ethnic populations
and communities with low-income populations. The Governor shall
appoint a representative qualified pursuant to this subdivision to a
vacant position from the appointments available pursuant to either
subdivision (d) or (e) no later than the fourth appointment available
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.