Bill Text: CA AB2648 | 2015-2016 | Regular Session | Amended
Bill Title: California Coastal Commission: delegation of authority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2648 Detail]
Download: California-2015-AB2648-Amended.html
BILL NUMBER: AB 2648 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Jones
FEBRUARY 19, 2016
An act to amend Section 30301 add Chapter
6.5 (commencing with Section 30550) to Division 20 of the
Public Resources Code, relating to coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 2648, as amended, Jones. California Coastal
Commission. Commission: delegation of authority.
Existing law, the California Coastal Act of 1976, requires any
person wishing to perform or undertake any development in the coastal
zone, as defined, in addition to obtaining any other permit required
by law from any local government or from any state, regional, or
local agency, to obtain a coastal development permit. The act further
provides for the certification of local coastal programs by the
California Coastal Commission. The act prohibits the commission,
except with respect to appeals to the commission, from exercising its
coastal development permit review authority, as specified, over any
new development within the area to which the certified local coastal
program, or any portion thereof, applies. The act specifies that any
appealable action on a coastal development permit or claim of
exemption for any development by a local government or port governing
body may be appealed to the commission by an applicant, any
aggrieved person, or any 2 members of the commission, except as
provided.
This bill would, notwithstanding any other law, and to the extent
permitted under federal law, authorize a county containing any
portion of the coastal zone to petition a superior court of competent
jurisdiction to obtain a writ of mandate requiring the authority of
the commission over coastal permitting in the county to be delegated
to the county and the county to be the exclusive agent for the
purpose of enforcing state and federal coastal laws, as specified.
This bill would authorize the delegation of authority to a county to
be reversed by an appellate court if it finds that the county abused
its discretion in exercising the authority in a manner sufficient to
warrant a rescission. This bill would authorize an applicant for a
coastal development permit, or any aggrieved person, as defined, to
file an appeal of any appealable action on a coastal development
permit or claim for exemption for any development proposed to be
located in county with delegated authority or a city within a county
with delegated authority directly to a superior court of competent
jurisdiction, in lieu of filing an appeal with the commission.
The California Coastal Act of 1976 establishes the California
Coastal Commission and prescribes the membership and functions and
duties of the commission with regard to the administration and
implementation of the act.
This bill would make nonsubstantive changes in those provisions
prescribing the membership of the commission.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 6.5 (commencing with Section
30550) is added to Division 20 of the Public Resources
Code , to read:
CHAPTER 6.5. DELEGATION OF AUTHORITY TO A COUNTY
30550. (a) Notwithstanding any other law, a county containing any
portion of the coastal zone may petition a superior court of
competent jurisdiction to obtain a writ of mandate requiring the
authority of the commission over coastal permitting in the county to
be delegated to the county and the county to be the exclusive agent
for the purpose of enforcing state and federal coastal laws. To
obtain the writ, the county shall prove that it has the expertise,
financial capability, and experience to satisfactorily and fairly
execute this authority.
(b) A delegation of authority to a county pursuant to subdivision
(a) may be reversed by an appellate court if the appellate court
finds that the county has abused its discretion in exercising the
authority provided in subdivision (a) in a manner sufficient to
warrant a rescission.
30552. (a) Notwithstanding any other law, an applicant, or any
aggrieved person, as defined in Section 30801, may file an appeal of
any appealable action on a coastal development permit or claim for
exemption directly to a superior court of competent jurisdiction, in
lieu of filing an appeal with the commission pursuant to Section
30625, for any development proposed to be located in either of the
following:
(1) A county with delegated commission authority pursuant to
Section 30550.
(2) A city within a county with delegated commission authority
pursuant to Section 30550.
(b) Section 30802 shall not apply to an appeal filed pursuant to
this section.
30554. The provisions of this chapter apply only to the extent
permitted under federal law.
SECTION 1. Section 30301 of the Public
Resources Code is amended to read:
30301. The commission shall consist of the following 15 members:
(a) The Secretary of the Natural Resources Agency.
(b) The Secretary of Transportation.
(c) The Chairperson of the State Lands Commission.
(d) Six representatives of the public from the state at large. The
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall each appoint two of these members.
(e) Six representatives selected from six coastal regions. The
Governor shall select one member who is from the north coast region
and one member who is from the south central coast region. The
Speaker of the Assembly shall select one member who is from the
central coast region and one member who is from the San Diego coast
region. The Senate Committee on Rules shall select one member who is
from the north central coast region and one member who is from the
south coast region. For purposes of this division, these regions are
defined as follows:
(1) The north coast region consists of the Counties of Del Norte,
Humboldt, and Mendocino.
(2) The north central coast region consists of the Counties of
Sonoma and Marin and the City and County of San Francisco.
(3) The central coast region consists of the Counties of San
Mateo, Santa Cruz, and Monterey.
(4) The south central coast region consists of the Counties of San
Luis Obispo, Santa Barbara, and Ventura.
(5) The south coast region consists of the Counties of Los Angeles
and Orange.
(6) The San Diego coast region consists of the County of San
Diego.
