BILL ANALYSIS �
AB 474
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Date of Hearing: January 13, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 474 (Stone) - As Amended: January 6, 2014
SUBJECT : California Coastal Commission: ex parte
communications: disclosure forms
SUMMARY : Requires that the disclosure forms for Coastal
Commission (Commission) ex parte communications include the
identity of the person on whose behalf a communication was made
and the identity of all persons present during the
communication.
EXISTING LAW :
1)Specifies that no member of the Commission, or interested
person, conduct an ex parte communication unless the member
provides a public report of the communication, as specified.
2)Defines an "ex parte communication" as any oral or written
communication between a member of the 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 that is not on the
record at such a proceeding.
3)Defines an "interested person" as any applicant, an agent or
employee of the applicant, or a person receiving consideration
for representing the applicant; a participant in a proceeding
on any matter before the Commission; or, any person with a
financial interest in a matter before the Commission.
4)Requires the Commission to adopt standard disclosure forms for
ex parte communications that include:
a) The date, time, and location of the communication;
b) The identity of the person or persons initiating and
receiving the communication; and,
c) A complete description of the content of the
communication, including the text of any written materials.
AB 474
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FISCAL EFFECT : Unknown
COMMENTS : 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) 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 regarding all information
relating to a decision and to prevent bias in decision makers.
The state's general ex parte communications requirements within
the Administrative Procedure Act require the disclosure of the
substance of the communication and the identity of each person
from whom the presiding officer received the communication.
However, existing law exempts the Commission from the Act and
establishes separate requirements within the Public Resources
Code. Under these provisions, members of the Commission are
only required to disclose the identities of the person
initiating a communication and receiving a communication. The
law does not require the disclosure of the identity of all
parties that participate in ex parte communications with
Commission members.
According to the author, this oversight in existing law prevents
the public from accessing all of the information that would
provide an accurate explanation of the ex parte communication.
"This bill is a simple fix to existing law to ensure greater
transparency for ex parte communications with Coastal Commission
members."
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
AB 474
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