BILL ANALYSIS Ó
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:
AB 2616
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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
AB 2616
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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