BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: AB 474 HEARING DATE: June 10, 2014
AUTHOR: Stone URGENCY: No
VERSION: January 6, 2014 CONSULTANT: Bill Craven
DUAL REFERRAL: Judiciary FISCAL: Yes
SUBJECT: California Coastal Commission: ex parte communications:
disclosure forms.
BACKGROUND AND EXISTING LAW
Existing law establishes the California Coastal Commission (CCC)
and charges it with the implementation of the substantive
provisions of California Coastal Act as well as numerous
procedural provisions of that act. One of those provisions
prohibits ex parte communications between a member of the CCC
and persons with an interest in a matter pending before the CCC
unless the member of the CCC provides a public report of the
communication as specified in the act.
The Coastal Act defines "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.
It also defines "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.
The act requires the CCC to adopt standard disclosure forms for
ex parte communications that include:
a) The date, time, and location of the communication;
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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.
PROPOSED LAW
This bill adds to the existing ex parte communications
disclosure provisions requirements that the disclosure also
include:
1. The identity of the person on whose behalf the communication
was made.
2. The identity of all persons present during the communication.
3. 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.
ARGUMENTS IN SUPPORT
According to CalPirg, existing law is limited to the individuals
who initiated the communication and the individuals who received
the communication, and does not extend to disclosure of
information about all communication participants. The Surfrider
Foundation makes the same point and urges support as a way of
providing greater public transparency.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
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 official received the communication. However,
existing law exempts the CCC from the APA and establishes
separate requirements, described above, 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,
not the identity of those in attendance who did not initiate the
communication.
According to the author, this oversight in existing law prevents
the public from accessing all of the information that would
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provide an accurate explanation of the ex parte communication.
SUPPORT
CALPIRG
Surfrider
North County Watch
OPPOSITION
None Received
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