BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2616


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2616 (Burke) - As Amended April 12, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill increases the membership of the California Coastal  
          Commission (Commission) and gives the Commission authority to  
          address affordable housing and environmental justice concerns.  
          Specifically, this bill:








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          1)Requires the Commission to protect, encourage, and where  
            feasible, provide housing opportunities for low and  
            moderate-income people in coastal areas.


          2)Adds three members to the Commission who are required to work  
            directly with communities most burdened by, and vulnerable to  
            high levels of pollution and environmental justice issues.   
            The Governor, the Speaker of the Assembly and the Senate Rules  
            Committee each appoint one member.


          3)Repeals the provision that prohibits the Commission from  
            requiring housing policies and programs to be included in  
            local coastal programs.


          4)Authorizes the consideration of environmental justice when the  
            permit issuing agency, or the Commission on appeal, considers  
            a development permit.


          FISCAL EFFECT:


          1)Potential increased one-time GF costs in the $150,000 to  
            $250,000 range depending on whether the Commission implements  
            its new housing authority through regulations or interpretive  
            guidelines.


          2)Ongoing, minor annual costs of $45,000 (GF or special fund)  
            resulting from the increase in membership.

          COMMENTS:










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          1)Purpose.  According to the author, the additional three  
            members will help ensure the Commission effectively addresses  
            the diverse needs and perspectives of all California's  
            residents. The author further states that when the Coastal Act  
            was enacted, it included broad policy language requiring the  
            provision of affordable housing in the coastal zone for  
            persons of low and moderate income. This bill restores that  
            authority.


          2)Environmental Justice.  Environmental justice is 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.   
            According to the Office of Environmental Health Hazard  
            Assessment, approximately 8 million Californians live in zip  
            codes that are considered "highly impacted" by environmental,  
            public health, and socioeconomic stressors.

            Nearly half of all Californians live within six miles of a  
          facility that is a significant
            greenhouse gas emitter and they are disproportionately people  
            of color.  Throughout California, people of color face a 50%  
            higher risk of cancer from ambient concentrations of air  
            pollutants listed under the Clean Air Act.  

          3)Coastal Commission.  The Commission is located in the Natural  
            Resources Agency and consists of 12 voting members and three  
            nonvoting members.  The Commission is required to include six  
            members of the public at large and six from local governments  
            representatives from six coastal regions. The Governor, the  
            Speaker of the Assembly, and Senate Rules Committee each  
            appoint four of the members.
            
            The Commission was established by voter initiative in  
            1972 (Proposition 20) and later made permanent by the  
            Legislature through adoption of the California Coastal  
            Act of 1976.  In partnership with coastal cities and  
            counties, the Commission plans and regulates the use of  








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            land and water in the coastal zone. 





            Development activities, which are broadly defined by the  
            Coastal Act to include construction of buildings,  
            divisions of land, and activities that change the  
            intensity of use of land or public access to coastal  
            waters, generally require a coastal development permit  
            (CDP) from either the Commission or the local government  
            with a certified local coastal plan (LCP).


            


            The Commission is an independent, quasi-judicial state agency.  
             


          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081