BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2616|
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                                   THIRD READING 


          Bill No:  AB 2616
          Author:   Burke (D), et al.
          Amended:  8/16/16 in Senate
          Vote:     21 

           SENATE NATURAL RES. & WATER COMMITTEE:  6-2, 6/28/16
           AYES:  Pavley, Allen, Hertzberg, Hueso, Jackson, Monning
           NOES:  Stone, Vidak
           NO VOTE RECORDED:  Wolk

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 8/11/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Bates, Nielsen

           ASSEMBLY FLOOR:  49-26, 6/2/16 - See last page for vote

           SUBJECT:   California Coastal Commission:  environmental  
                     justice


          SOURCE:    Author


          DIGEST:  This bill adds an environmental justice representative  
          to the Coastal Commission to be appointed by the Governor  
          without increasing the size of the commission, adds the  
          definition of "environmental justice" from existing law into the  
          Coastal Act, and adds the prohibition on discrimination from the  
          state Civil Rights Act into the Coastal Act. 


          ANALYSIS:  









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          Existing law, pursuant to the Coastal Act: 

          1)Establishes the Coastal Commission in the Natural Resources  
            Agency and requires the Commission to consist of 15 members (3  
            non-voting and 12 voting). 

          2)Requires the membership of the Commission include six members  
            of the public at large and six from local governments  
            representatives from six coastal regions. 

          3)Provides that the Governor, the Speaker of the Assembly, and  
            Senate Rules Committee each appoint four of the members. 

          4)Requires the Governor, the Senate Rules Committee, and the  
            Speaker of the Assembly to make good faith efforts to assure  
            that their appointments, as a whole, reflect, to the greatest  
            extent feasible, the economic, social, and geographic  
            diversity of the state.

          5)Requires a person planning to perform or undertake any  
            development in the coastal zone to obtain a coastal  
            development permit from the Commission or local government  
            enforcing a Local Coastal Program. 

          6)Defines "development" to mean, among other things, the  
            placement or erection of any solid material or structure on  
            land or in water. "Structure" includes, but is not limited to,  
            any building, road, pipe, flume, conduit, siphon, aqueduct,  
            telephone line, and electrical power transmission and  
            distribution line.

          7)Defines the "coastal zone" as the land and water area of the  
            State of California from the Oregon border to the border of  
            the Republic of Mexico, extending seaward to the state's outer  
            limit of jurisdiction, including all offshore islands, and  
            extending inland generally 1,000 yards from the mean high tide  
            line of the sea. In significant coastal estuarine, habitat,  
            and recreational areas, the coastal zone extends inland to the  
            first major ridgeline paralleling the sea or five miles from  
            the mean high tide line of the sea, whichever is less. In  
            developed urban areas, the zone generally extends inland less  
            than 1,000 yards. The coastal zone does not include the area  
            of jurisdiction of the San Francisco Bay Conservation and  







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            Development Commission, nor any area contiguous thereto,  
            including any river, stream, tributary, creek, or flood  
            control or drainage channel flowing into such area. 

          Existing law defines "environmental justice" to mean 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. 

          This bill: 

          1)Adds an environmental justice representative who resides in,  
            and who works directly with, communities in the state that are  
            disproportionately burdened by, and vulnerable to, high levels  
            of pollution and issues of environmental justice to be  
            appointed by the Governor from one of his four appointments  
            (may be either a local elected official or a public member) no  
            later than his fourth available appointment after the  
            effective date of this bill. 

          2)Cross-references and incorporates Section 11135 of the  
            Government Code into the Coastal Act to prohibit  
            discrimination on any and all of the bases identified in the  
            Civil Rights Act.

          3)Cross-references and incorporates the definition of  
            "environmental justice" from the Health and Safety Code into  
            the Coastal Act. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee, there is no  
          fiscal impact.


          SUPPORT:   (Verified8/12/16)


          Audubon California
          California Coastal Commission
          California Coastal Protection Network







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          California League of Conservation Voters
          Courage Campaign
          Environment California
          Sierra Club California
          Trust for Public Land


          OPPOSITION:   (Verified8/12/16)


          Committee for Green Foothills
          County of Santa Barbara
          San Luis Obispo Coastkeeper

          ARGUMENTS IN SUPPORT:   According to the author, this bill gives  
          a voice to the environmental justice community by adding an  
          environmental justice member and provides the Commission the  
          ability to consider environmental justice issues when making  
          decisions regarding the California coast. She believes that the  
          bill is consistent with a recent law that added additional  
          environmental justice representatives to the California Air  
          Resources Control Board and a pending proposal to add  
          representation to the South Coast Air Quality Management Board. 

          An environmental/social justice coalition supports strengthening  
          the civil rights language in the bill but did not address the  
          amendment from the Senate Appropriations Committee regarding the  
          single environmental justice appointee. 


          ARGUMENTS IN OPPOSITION:   The arguments in opposition do not  
          address the bill as amended in the Senate Appropriations  
          Committee except to note that the County of Santa Barbara  
          believes that environmental justice should be handled by the  
          Commission currently and it does not support adding new  
          commissioners for the specific purposes that the Commission  
          should be handling already. 


          ASSEMBLY FLOOR:  49-26, 6/2/16
          AYES:  Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta,  
            Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dodd, Eggman, Frazier, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Roger  







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            Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low,  
            McCarty, Medina, Mullin, O'Donnell, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber,  
            Williams, Wood, Rendon
          NOES:  Achadjian, Travis Allen, Bigelow, Brough, Chang, Chávez,  
            Dahle, Beth Gaines, Gallagher, Grove, Harper, Jones, Kim,  
            Lackey, Linder, Maienschein, Mathis, Mayes, Melendez,  
            Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Daly, Gordon, Gray, Hadley, Nazarian

          Prepared by:William Craven / N.R. & W. / (916) 651-4116
          8/16/16 17:47:54


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