Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2658

Introduced by Assembly Member Maienschein

February 19, 2016

An act to amend begin delete Sections 30322, 30324, and end delete begin insert Section end insert 30325 begin delete of end delete begin insert of, and to add Section 30324.1 to, end insert the Public Resources Code, relating to the California Coastal Commission.

LEGISLATIVE COUNSEL’S DIGEST

AB 2658, as amended, Maienschein. California Coastal Commission: ex parte begin delete communications: meetings. end delete begin insert communications. end insert

The California Coastal Act of 1976, for purposes of the act, defines an “ex parte communication” as any oral or written communication between a member of the California Coastal Commission and an interested person about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter, but excludes from that definition any communication between a staff member acting in his or her official capacity and any commission member or interested person. The act prohibits a member of the commission and an interested person from conducting an ex parte communication, unless the member fully discloses and makes public the ex parte communication, as specified.

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This bill would also make provisions prohibiting ex parte communications applicable to communications between a commission staff member and an interested party.

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This bill would require commission staff members to maintain records and disclose any communication with an interested person pertaining to a matter before the commission by including specified information about the communication in staff reports provided to commission members.

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Existing law authorizes any person to testify at a hearing or other official proceeding of the commission and to submit written comments for the record on a matter before the commission.

This bill would require begin delete transcripts end delete begin insert video end insert or audio recordings of those proceedings to be begin delete promptly end delete posted on the commission’s Internet Web site begin delete to allow for public comment, as specified. end delete begin insert within 72 hours after the proceeding end insert begin insert and would require written and electronic communications submitted to the commission as part of those proceedings to be posted on the commission’s Internet Web site within 7 days of receipt end insert begin insert . end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 30322 of the Public Resources Code is
amended to read:

30322.  

(a) For purposes of this article, except as provided in
subdivision (b), an “ex parte communication” is any oral or written
communication between a member of the commission or a member
of the commission staff and an interested person, about a matter
within the commission’s jurisdiction, which does not occur in a
public hearing, workshop, or other official proceeding, or on the
official record of the proceeding on the matter.

(b) The following communications are not ex parte
communications:

(1) Any communication between a staff member acting in his
or her official capacity and any commission member.

(2) Any communication limited entirely to procedural issues,
including, but not limited to, the hearing schedule, location, format,
or filing date.

(3) Any communication which takes place on the record during
an official proceeding of a state, regional, or local agency that
involves a member of the commission who also serves as an official
of that agency.

(4) Any communication between a member of the commission,
with regard to any action of another state agency or of a regional
or local agency of which the member is an official, and any other
official or employee of that agency, including any person who is
acting as an attorney for the agency.

(5) Any communication between a nonvoting commission
member and a staff member of a state agency where both the
commission member and the staff member are acting in an official
capacity.

(6) Any communication to a nonvoting commission member
relating to an action pending before the commission, where the
nonvoting commission member does not participate in that action,
either through written or verbal communication, on or off the
record, with other members of the commission.

SEC. 2.  

Section 30324 of the Public Resources Code is
amended to read:

30324.  

(a) No commission member or commission staff
member, nor any interested person, shall conduct an ex parte
communication unless the commission member or commission
staff member fully discloses and makes public the ex parte
communication by providing a full report of the communication
to the executive director within seven days after the communication
or, if the communication occurs within seven days of the next
commission hearing, to the commission on the record of the
proceeding at that hearing.

(b) (1) The commission shall adopt standard disclosure forms
for reporting ex parte communications which shall include, but
not be limited to, all of the following information:

(A) The date, time, and location of the communication.

(B) (i) The identity of the person or persons initiating and the
person or persons receiving the communication.

(ii) The identity of the person on whose behalf the
communication was made.

(iii) The identity of all persons present during the
communication.

(C) A complete, comprehensive description of the content of
the ex parte communication, including a complete set of all text
and graphic material that was part of the communication.

(2) The executive director shall place in the public record any
report of an ex parte communication.

(c) Communications shall cease to be ex parte communications
when fully disclosed and placed in the commission’s official
record.

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begin insert SECTION 1. end insert   

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begin insert Section 30324.1 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

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begin insert 30324.1. end insert   

A commission staff member shall maintain records
of and disclose any communication between the staff member
acting in his or her official capacity and an interested person
pertaining to a matter before the commission by including the
following information in staff reports provided to commission
members:

(a) The date of the communication with an interested person.

(b) The name of the interested person with whom the staff
member communicated.

(c) The matter to which the communication applies.

(d) A statement of the interested person’s position with regard
to the matter discussed and whether he or she represents another
person or entity in the matter.

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begin delete SEC. 3. end delete

begin insert SEC. 2. end insert   

Section 30325 of the Public Resources Code is
amended to read:

30325.  

(a) Nothing in this article prohibits any person or any
interested person from testifying at a commission hearing,
workshop, or other official proceeding, or from submitting written
comments for the record on a matter before the commission.

(b)  begin delete Transcripts end delete begin insert Video end insert or audio recordings of all hearings,
workshops, or other begin delete written end delete proceedings shall be begin delete promptly end delete posted
on the commission’s Internet Web site begin delete to allow for public
comment. end delete begin insert within 72 hours after the proceeding end insert begin insert . Written and
electronic communications that are submitted to the commission
as part of any such proceeding shall be posted on the commission’s
Internet Web site within seven days of receipt end insert begin insert . end insert

(c) Written comments shall be submitted by mail or delivered
to a commission office, or may be delivered to the commission at
the time and place of a scheduled hearing or within 30 days after
the hearing.