BILL ANALYSIS Ó
AB 2616
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(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
AB
2616 (Burke)
As Amended August 16, 2016
Majority vote
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|ASSEMBLY: |49-26 |(June 2, 2016) |SENATE: |26-13 |(August 29, |
| | | | | |2016) |
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Original Committee Reference: NAT. RES.
SUMMARY: Specifies that one of the members appointed to the
Coastal Commission (Commission) by the Governor is required to
work directly with communities in the state that are most
burdened by, and vulnerable to, high levels of pollution and
issues of environmental justice. Allows the Commission to
address environmental justice concerns.
The Senate amendments eliminate the increase in Commission
membership and instead specify that one of the Governor's
existing appointees be required to work directly with
communities in the state that are most burdened by, and
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vulnerable to, high levels of pollution and issues of
environmental justice.
EXISTING LAW:
1)Pursuant to the California Coastal Act of 1976 (Coastal Act),
a) Establishes the Commission in the Natural Resources
Agency and requires the Commission to consist of 15 members
(3 non-voting and 12 voting).
b) Requires the membership of the Commission to include six
members of the public at large and six local government
representatives from six coastal regions.
c) Provides that the Governor, the Speaker of the Assembly,
and Senate Rules Committee each appoint four of the
members.
d) Requires the Governor, the Senate Committee on Rules,
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.
e) Requires a person planning to perform or undertake any
development in the coastal zone to obtain a coastal
development permit (CDP) from the Commission or local
government enforcing a Local Coastal Program (LCP).
2)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.
FISCAL EFFECT: According to the Senate Appropriations
Committee, no fiscal impact.
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COMMENTS:
1)Coastal Commission. The Commission was established by voter
initiative in 1972 (Proposition 20) and later made permanent
by the Legislature through adoption of the Coastal 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 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 CDP from either the Commission or the local
government with a certified LCP. The Commission is an
independent, quasi-judicial state agency. Currently, the
Commission voting members are evenly divided between local
governments and public at large members.
2)Environmental justice. According to the Office of
Environmental Health Hazard Assessment, approximately 8
million Californians (21%) 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 (46%), and they are disproportionately
people of color (62%). Throughout California, people of color
face a 50% higher risk of cancer from ambient concentrations
of air pollutants listed under the Clean Air Act. These
impacts are felt by all Californians. The Air Resources Board
estimates that air pollution exposure accounts for 19,000
premature deaths, 280,000 cases of asthma, and 1.9 million
lost work days every year.
Analysis Prepared by:
Michael Jarred / NAT. RES. / (916) 319-2092 FN:
0004529
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