BILL ANALYSIS                                                                                                                                                                                                    

                                                                    AB 2616

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          (Without Reference to File)


          2616 (Burke)

          As Amended  August 16, 2016

          Majority vote

          |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  

             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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          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:  


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