BILL ANALYSIS Ó AB 2616 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2616 (Burke) - As Amended April 12, 2016 ----------------------------------------------------------------- |Policy |Natural Resources |Vote:|6 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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: AB 2616 Page 3 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 Page 4 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