BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2616 (Burke) - California Coastal Commission: environmental justice ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 31, 2016 |Policy Vote: N.R. & W. 6 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 8, 2016 |Consultant: Narisha Bonakdar | | | | ----------------------------------------------------------------- This bill does not meet the criteria for referral to the Suspense File. Bill Summary: SB 2616 requires that three of the 12 voting representatives on the Coastal Commission (Commission) are individuals who reside in or work with communities disproportionately burdened by, and vulnerable to, high levels of pollution and environmental justice issues. The bill also states that when acting on a coastal development permit, the issuing agency, or the Commission on appeal, may consider environmental justice. Fiscal Impact: Unknown, likely minor, fiscal impact. Background: Coastal Commission. The Commission is an independent, quasi-judicial state agency located in the Natural Resources Agency. It consists of 12 voting members and three nonvoting AB 2616 (Burke) Page 1 of ? members (six members of the public at large and six from local governments representing 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 was later made permanent by the Legislature through adoption of the California Coastal Act of 1976 (Act). In partnership with coastal cities and counties, the Commission plans and regulates the use of land and water in the coastal zone. Development activities, which are broadly defined by the Act, include building construction, land divisions, and activities that change land use intensity or public access to coastal waters, generally require a coastal development permit from either the Commission or a local government with a certified local coastal plan. 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. Proposed Law: This bill: Requires that one of the four Commissioners appointed by each of the appointing authorities (the Governor, the Speaker of the Assembly, and Senate Rules Committee) represents environmental justice communities. Makes a finding that Commission decisions must adhere to the Civil Rights Act. Authorizes the issuing agency, or the Commission on appeal to consider environmental justice, or the equitable distribution AB 2616 (Burke) Page 2 of ? of environmental benefits throughout the state, when acting on a coastal development permit. Related Legislation: SB 1190 (Jackson, 2016) prohibits a Coastal Commissioner or an interested person from intentionally conducting any ex parte and other communication, as specified, and prohibits Commissioners from unduly influencing Commission staff reports. This bill is pending consideration in Assembly Appropriations Committee. Staff Comments: 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. -- END --