BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2616 (Burke) - California Coastal Commission: environmental
justice
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|Version: May 31, 2016 |Policy Vote: N.R. & W. 6 - 2 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 8, 2016 |Consultant: Narisha Bonakdar |
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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
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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
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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.
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