BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2658


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          Date of Hearing:  April 18, 2016


                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES


                                 Das Williams, Chair


          AB 2658  
          (Maienschein) - As Introduced April 12, 2016


          SUBJECT:  California Coastal Commission:  ex parte  
          communications:  meetings


          SUMMARY:  Requires Coastal Commission (Commission) staff to  
          disclose in their staff reports any communication on a matter  
          before the Commission between the staff member acting in his or  
          her official capacity and an interested person.  Imposes time  
          limits for posting recordings and materials on the Commission  
          website. 


          EXISTING LAW:  


          1)Requires a member of the Commission to disclose and make  
            public any ex parte communication by providing a full report  
            of the communication to the executive director within seven  
            days of 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.

          2)Defines an "ex parte communication," for the purposes of  
            communications related to actions of the Commission, as any  
            oral or written communication between a member of the  
            Commission and an interested person about a matter within the  








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            Commission's jurisdiction, which does not occur in a public  
            hearing, workshop, or other official proceeding, or that is  
            not on the record at such a proceeding.   

          3)Defines an "interested person" as (a) any applicant,  
            applicant's agent or representative, or participant in a  
            Commission proceeding, (b) any person with a financial  
            interest in a matter before the Commission, or his/her agent  
            or employee, or (c) a representative acting on behalf of any  
            civic, environmental, neighborhood, business, labor, trade, or  
            similar organization who intends to influence the decision of  
            a Commissioner.



          4)Defines a "matter within the Commission's jurisdiction" as any  
            permit action, federal consistency review, appeal, local  
            coastal program, port master plan, public works plan, or any  
            other quasi-judicial matter requiring Commission action, for  
            which an application has been submitted to the Commission.

          5)Prohibits a Commissioner who has knowingly had an ex parte  
            communication that has not been reported, as required, from  
            voting on the matter or influencing the Commission in any way.  
             Provides that knowing violations of the disclosure or recusal  
            requirements can result in fines of up to $7,500, and a court  
            order for the Commission to revoke its action and rehear the  
            matter.



          THIS BILL:


          1)Requires Commission staff to 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:








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             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; and,


             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. 


          2)Requires video or audio recordings of all hearings, workshops,  
            or other proceedings to be posted on the Commission's internet  
            website within 72 hours of the proceeding.


          3)Requires written and electronic communications submitted to  
            the Commission as part of a proceeding to be posted on the  
            Commission's website with seven days of receipt. 


          FISCAL EFFECT:  Unknown


          COMMENTS:  


          1)Author's statement:
          


               The recent, very public firing of the Coastal  
               Commission Executive Director brought to light a  








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               number of transparency issues within the organization.  
                The lack of openness regarding communications between  
               Coastal Commission staff and interested parties, the  
               availability of information online for public comment,  
               and the limited information available to the  
               Commissioners themselves are just a few examples.



               Currently, the Coastal Commission experiences very  
               limited oversight and is not subject to current law  
               that governs the actions of many similar entities such  
               as the State Water Board.  This bill will help address  
               some of the problems they currently face. 

               Specifically, AB 2658 will bring Coastal Commission  
               staff under the same umbrella regarding ex parte  
               communications that the Commissioners themselves must  
               follow.  Additionally, this bill requires that all  
               transcripts or audio recordings of all hearings,  
               workshops, or other written proceedings are posted on  
               the Commission website in a timely manner, allowing  
               for more public access/comment.  



          2)Coastal Commission.  The Commission was established by  
            voter initiative in 1972 (Proposition 20) and later made  
            permanent by the Legislature through adoption of the  
            California Coastal Act of 1976 (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  
            Coastal Development Permit (CDP) from either the  
            Commission or the local government with a certified Local  








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            Coastal Program (LCP).
            


            The Commission is an independent, quasi-judicial state  
            agency composed of 12 voting members, appointed equally  
            (4 each) by the Governor, the Senate Rules Committee, and  
            the Speaker of the Assembly.  Six of the voting  
            commissioners are locally elected officials and six are  
            appointed from the public at large.  Three ex officio  
            (non-voting) members represent the Natural Resources  
            Agency, the California State Transportation Agency, and  
            the State Lands Commission. 





            According to the Commission's mission statement: 





               The Commission is committed to protecting and  
               enhancing California's coast and ocean for present and  
               future generations. It does so through careful  
               planning and regulation of environmentally-sustainable  
               development, rigorous use of science, strong public  
               participation, education, and effective  
               intergovernmental coordination. 





          3)Ex parte communications.  Ex parte communications refer to any  
            communication made in private (i.e., off the record and  
            without notice and opportunity for all parties to participate)  








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            between an interested party in a decision-making process and  
            any state official in a decision-making position.  Ex parte  
            communication disclosure requirements for state policy makers  
            are intended to provide the public with information relating  
            to a decision and to prevent bias in decision makers.  Prior  
            to 1992, there was no mention of ex parte communications in  
            the Coastal Act.  There were claims of frequent unreported ex  
            parte communications at the Commission.  In 1992, basic ex  
            parte communications reporting was added to the Coastal Act.   
            In 2014, AB 474 (Stone), Chapter 125, Statutes of 2014,  
            improved ex parte communications reporting requirements.  The  
            additions to the reporting requirements included the identity  
            of the person on whose behalf the communication was made, the  
            identity of all persons present during the communication, and  
            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.  However,  
            concerns remain about ex parte communications at the  
            Commission.  Those concerns include the quality of the oral  
            reports that are required within a week of a meeting and the  
            ability of the public to find specific ex parte communication  
            reports.



          4) This bill.  The author claims the Commission experiences very  
            limited oversight and is not subject to current law that  
            governs the actions of many similar entities such as the State  
            Water Resources Control Board (SWRCB).  However, SWRCB does  
            not follow many of the provisions of this bill.  Unlike the  
            Commission, many of SWRCB regional boards do not make video or  
            audio recordings of their hearings.  In addition, SWRCB does  
            not require staff to report ex parte communications.  Ex parte  
            communications are intended for the decision-makers.  Staff  
            members at the Commission are not decision makers, the  
            Commissioners are.  It may be appropriate to include which  
            interested parties have communicated with staff in the staff  
            report.  However, this bill requires an onerous level of  
            detail, and might deter Commission staff from working with  








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            interested parties. In addition, nothing in existing law  
            prohibits Commissioners from asking for this information from  
            staff. 










          5)Related legislation.
          SB 1190 (Jackson) prohibits all ex parte communications at the  
          Commission.  This bill is awaiting hearing in the Senate  
          Appropriations Committee.


          AB 2002 (Stone) provides that communicating with the California  
          Coastal Commission in order to influence specified actions can  
          result in a person being considered a "lobbyist" under the  
          Political Reform Act.  This bill prohibits an ex parte  
          communication with a Commissioner regarding a matter during the  
          24 hours before that matter will be discussed at a Commission  
          hearing.  This bill is scheduled to be heard in this committee  
          on April 18, 2016.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file









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          Opposition


          Audubon California


          Azul


          California Coastal Protection Network
          California League of Conservation Voters
          Coastal Environmental Rights Foundation
          Committee for Green Foothills
          Courage Campaign
          Day One
          Endangered Habitats League
          Environment California
          Heal the Bay
          Surfrider Foundation
          The City Project
          Western Alliance for Nature
          One individual


          Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092



















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