BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1190  
          (Jackson) - As Amended June 8, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill prohibits a Coastal Commissioner or an interested  
          person from intentionally conducting any ex parte and other  
          communication, as specified, and prohibits Commissioners from  
          unduly influencing Commission staff reports.  Specifically, this  
          bill: 


          1)Prohibits a commissioner or an interested party from  
            intentionally conducting either an ex parte communication or  
            an oral or written communication, regarding a pending  
            enforcement investigation that does not occur in a public  
            hearing, workshop, or other official proceeding, or on the  








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            official record of the proceeding.



          2)Requires a Commissioner to fully disclose and make public ex  
            parte and other prohibited communications by providing a full  
            report to the Executive Director within seven days after the  
            communication, or to the Commission in writing to be included  
            in the record of the proceeding if the communication occurred  
            less than seven days prior to the hearing.



          3)Prohibits a Commissioner from voting or participating in a  
            Commission matter if he or she has conducted an ex parte or  
            other prohibited communication.



          4)Prohibits a commissioner from using his or her official  
            position to place undue influence on Commission staff to alter  
            their staff report.  Disqualifies a commissioner from holding  
            any position at the Commission if they willfully attempt to  
            place undue influence on staff.


          FISCAL EFFECT:


          The fiscal impact of this bill is unknown.  According to the  
          Coastal Commission, this bill does not increase costs, and may  
          provide savings.  However, there may be potential unknown cost  
          pressures, possibly in the hundreds of thousands of dollars, to  
          hire staff advisors to assist the six public Commissioners by  
          attending site visits and gathering information from interested  
          parties. 


          COMMENTS:








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          1)Purpose.  According to the author, this bill will help restore  
            the public's trust in the Commission, ensure decisions are  
            made more openly and transparently, and remove the possibility  
            of back-room decision making or the perception that it is  
            happening.  The author further states that this bill will  
            level the playing field between big-moneyed interests and  
            those without such financial resources. 
          2)The Coastal Commission.  The California Coastal Commission has  
            12 voting members and three non-voting members. Six of the  
            voting members are "public members," and six are local elected  
            officials who come from specific coastal districts. All voting  
            members are appointed either by the Governor, Senate Rules  
            Committee, or the Speaker of the Assembly; each appoints four  
            commissioners, two public members and two elected officials.  
            Each Commissioner may appoint an alternate to serve in his or  
            her absence. The Secretaries of the Resources Agency, the  
            Business and Transportation Agency, and the Chair of the State  
            Lands Commission serve as non-voting members and may appoint a  
            designee to serve in their place.  


            The Commission voted 6-5 this year to support banning ex parte  
            communication.


          3)Existing Ex Parte Communication Laws.  The California Coastal  
            Act of 1976 prohibits, with specified exceptions, ex parte  
            communications between a member of the Commission and an  
            interested person about a matter within the jurisdiction of  
            the Commission. Such communications, by definition, do not  
            occur in a public hearing or other official proceeding or on  
            the record. 


            When proper disclosure of such communications is made, ex  
            parte communications are lawful.  Existing law also prohibits  
            commissioners or alternates from trying to influence a  








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            commission decision in circumstances in which an ex parte  
            communication has not been reported. A civil fine of up to  
            $7,500 may be imposed, plus attorney's fees, and the  
            Commission action may be revoked. 


            The Commission's jurisdiction for matters that are subject to  
            the prohibition on ex parte communications and the disclosure  
            requirements include any permit action, federal consistency  
            review, appeal, local coastal program, port master plan,  
            public works plan, long-range development plan, categorical or  
            other exclusions from coastal development permit requirements,  
            or any other quasi-judicial matter requiring commission  
            action, for which an application has been submitted to the  
            commission.





            Commissioners must disclose to the public an ex parte  
            communication on the prescribed form within 7 days of the  
            communication. If the communication occurs within 7 days of  
            the next Commission meeting, the disclosure must be made on  
            the record of the proceeding in that hearing. 





            According to the Natural Resources Agency, the California  
            Attorney General has opined that Commissioners may not engage  
            in ex parte communications in the context of enforcement  
            proceedings because enforcement proceedings are not expressly  
            called out in the law.  This advice letter does not have the  
            effect of law.  











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          4)Related Legislation.  AB 2002 (Stone, 2016) provides that  
            communicating with the Coastal Commission in order to  
            influence specified actions can result in a person being  
            considered a "lobbyist" under the Political Reform Act (PRA)  
            and prohibits an ex parte communication with a member of the  
            Commission regarding a matter during the 24 hours before that  
            matter will be discussed at a Commission hearing. This bill is  
            pending in Senate Appropriations.






          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081