BILL ANALYSIS Ó AB 2616 Page 1 (Without Reference to File) CONCURRENCE IN SENATE AMENDMENTS AB 2616 (Burke) As Amended August 16, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |49-26 |(June 2, 2016) |SENATE: |26-13 |(August 29, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 2616 Page 2 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. AB 2616 Page 3 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 AB 2616 Page 4