This report is divided into two sections. Section I provides summaries and the status of bills that staff has identified as priority issues for the 1996 Legislative session. Section II provides summaries of bills which staff has identified as coastal related, or possibly affecting the Commission and the coastal program.
Please contact Jeff Stump, Legislative Coordinator, at (916) 445-6067 with any questions on the material contained in this report.
AB 2291 would require the State Board of Control to allow a claim for reasonable attorney’s fees incurred by an owner of any interest in real property or a public entity in a specified civil action in which the owner or public entity gives permission to the public to enter or use the property for recreational purposes, the owner or this public entity was a defendant in this civil action, and the court has dismissed the civil action upon a demurrer or motion for summary judgment made by this owner or public entity or the owner or public entity prevails in the civil action.
Position - SUPPORT
Introduced - 02/14/96
Last Amend - 05/14/96
Status- Passed Assembly (73-0)
Referred to Senate Judiciary Committee
AB 2445 (McPherson) Coastal Development Permit Fees: Coastal Access Grants
AB 2445 would require that coastal development permit fees collected by the Commission be deposited in the coastal access account, which would be created in the State Coastal Conservancy Fund, for grants to public agencies and private nonprofit entities or organizations for the development, maintenance, and operation of new and existing facilities that provide public access to the shoreline of the sea. Any funds not expended for those purposes would revert to this account.
Position - SUPPORT
Introduced - 02/20/96
Last Amend - 04/15/96
Status- Passed Assembly (73-0)
Referred to Senate Natural Resources and Wildlife Committee
AB 2659 (Kaloogian) State Coastal Conservancy: Mitigation Fees: City of Carlsbad
AB 2659 would authorize the State Coastal Conservancy to establish a special account in the State Coastal Conservancy Fund for the deposit of mitigation fees. The bill would specify that any interest accruing on the money in the special account is required to be expended in accordance with those specified purposes and priorities.
Introduced - 02/21/96
Last Amend - None
Status - Passed Assembly (57-8)
Referred to Senate Rules Committee for assignment to policy committee.
AB 2683 (Kaloogian) Mitigation Fees: Local Coastal Program: City of Carlsbad
AB 2683 would specify that mitigation fees collected for development on nonprime agricultural lands in the coastal zone in the City of Carlsbad and deposited in the State Coastal Conservancy Fund may be used for the purposes of enhancing the use of natural resources within the Coastal Zone in the City of Carlsbad.
Introduced - 02/21/96
Last Amend - 04/18/96
Status - Passed Assembly (73-0)
Referred to Senate Rules Committee for assignment to policy committee.
AB 2684 (Kaloogian) State Regulatory Agencies Created By Statute: Abolition and Review
AB 2684 would abolish all state regulatory agencies adopted by statute in existence on January 1, 1997, in accordance with the following schedule: all regulatory agencies within the Business, Transportation and Housing Agency, June 30, 1999; all regulatory agencies within the Resources Agency, June 30, 2000; all regulatory agencies within the Health and Welfare Agency, June 30, 2001; all regulatory agencies within the State and Consumer Services Agency, June 30, 2002; and all other regulatory agencies, June 30, 2003. This bill would authorize the Governor to submit to the Legislature a reorganization plan pursuant to specified procedures, providing for the orderly transfer of those functions, powers, and duties as determined by the Governor to be essential to the public health, safety, or welfare from an agency to a successor agency designated by the Governor.
Introduced - 02/22/96
Last Amend - None
Status- Referred to Consumer Protection, Governmental Efficiency and Economic Development Committee
Failed passage, reconsideration granted.
AB 2963 (Firestone) Environmental Quality
AB 2963 would exempt the following from coastal development permits: emergency work necessary to protect life or property; emergency repairs to public service facilities necessary to maintain service; projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor; specific actions necessary to prevent or mitigate an emergency; and projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, substantially within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code.
Introduced - 02/23/96
Last Amend - None
Status - Passed Assembly (43-24)
Referred to Senate Governmental Organization and Natural Resources and Wildlife Committees
AB 3044 (Olberg) Interagency Natural Resources Coordination Committee
AB 3044 would create an interagency committee consisting of the administrator for oil spill response, the Secretary for Environmental Protection, the Secretary of the Resources agency, the Executive Director of the Coastal Commission, the Executive Director of the State Lands Commission, the Chair of the Water Resources Control Board and the State Fire Marshal. In case of an oil spill, the responsible party may request the committee to designate an administering agency to oversee and supervise implementation of a repair and maintenance project, or in conjunction with an oil spill, to supervise and coordinate any site investigation or restoration action. In the case of an oil spill, the administering agency would be the administrator for oil spill response.
Introduced - 02/23/96
Last Amend - 05/28/96
Status - Passed Assembly (71-0)
Referred to Senate Rules Committee for assignment to policy committee.
AB 3081 (Olberg) Real Property: Takings
AB 3081 would establish the California Real Property Rights Act and would provide legislative intent to reaffirm the right of Californians to own property, as well as ensure that just compensation is paid to those property owners who have had their property taken by government action.
Introduced - 02/23/96
Last Amend - None
Status - Passed Assembly (43-32)
Referred to Senate Local Government and Judiciary Committees
AB 3431 (Bowen) Geographic Information Systems
AB 3431 would establish a geographic information grant program within the Department of Information Technology for the development and maintenance of framework data bases for geographic information systems. It would establish the Geographic Information Grant Fund in the State Treasury for the purpose of funding the grant program, and specify that a portion of the excess moneys in the Energy Resources Surcharge Fund be deposited in this fund.
Introduced - 02/29/96
Last Amend - 04/08/96
Status- Passed Assembly Committee on Consumer Protection, Governmental Efficiency and Economic Development Committee (5-2)
Referred to Assembly Committee on Revenue and Taxation - Withdrawn from committee by author.
AB 3469 would require the Commission, no later than July 1, 1997, to review its regulations and procedures and determine what revision are necessary and appropriate to simplify and expedite the review of any matter that is before the Commission. This bill would require the Commission to implement any such revisions no later that August 29, 1997. On or after January 1, 1998, the Commission would be required to conduct such reviews and implement appropriate revisions biannually.
Introduced - 02/29/96
Last Amend - None
Status- Referred to Assembly Natural Resources Committee - Not heard in Committee
SB 39 (Thompson) South Spit of Humboldt Bay: Acquisition
SB 39 would authorize the Wildlife Conservation Board and the State Coastal Conservancy to use funds avaliable to them for the purposes of acquiring the South Spit of Humboldt Bay. The bill would also require the Conservancy to prepare a management plan for the South Spit area and to submit the plan to the Legislature on or before June 30, 1997.
Introduced - 12/15/94
Last Amend - 04/08/96
Status - Passed Senate (39-0)
Referred to Assembly Water Parks and Wildlife Committee
SB 1615 (Craven) Beach Replenishment
SB 1615 would appropriate $3,300,000 from the Harbors and Watercraft Revolving Fund to the Department of Boating and Waterways for the 19996-97 fiscal year for a grant to the San Diego Association of Governments to pay for costs of beach replenishment associated with the United States Navy Aircraft Carrier Homeporting Project in San Diego Harbor.
Introduced - 02/20/96
Last Amend - 04/09/96
Status - Referred to Senate Natural Resources and Wildlife Committee
SB 1637 (Johnson) Coastal Zone Boundary: City of Newport Beach
SB 1637 would revise the boundary of the coastal zone, as determined according to specified maps, to exclude coastal lands (approximately 945 acres in 22 parcels) within the City of Newport Beach.
Introduced - 01/25/96
Last Amend - None
Status - Senate Natural Resources and Wildlife Committee - Withdrawn from Committee by author.
AB 165 (Richter) Environmental quality: action or proceeding
This bill would prohibit a responsible agency or specified agency from maintaining an action or proceeding for noncompliance with the provisions of CEQA governing the preparation of an environmental impact report unless the responsible agency specified to the lead agency, within 30 days of receiving notice of the preparation of the EIR, the content of the environmental information that is germane to the statutory responsibilities of the responsible agency or specified public agency.
Introduced - 01/19/95
Last Amend - 01/16/96
Status - Referred to Senate Natural Resources Committee
AB 678 (Woods) Restoration of Land: Disasters: CEQA Exemption
AB 678 would create a new exemption from “any environmental review” for repairs and restoration to land and any appurtenant structures in need of repairs due to any natural or manmade disaster or an emergency. The bill would provide that the land and structures may be restored to the state that they were in immediately prior to the disaster or emergency.
Introduced - 02/21/95
Last Amend - None
Status - Referred to Senate Committees on Governmental Organization and Natural Resources and Wildlife.
AB 2080 (McPherson) Public Beaches: Contamination: Warning Signs
AB 2080 would require, when a public beach has failed to meet bacteriological standards, that warning signs be visible from all beach access points.
Introduced - 01/18/96
Last Amend - 04/11/96
Status - Passed Assembly (77-0)
Referred to Senate Natural Resources and Wildlife Committee
AB 2099 (Miller) Environmental Impact Reports
AB 2099 would make several changes to the California Environmental Quality Act with regards to environmental impact reports (EIR). Specifically, the bill would: (1) require an EIR to set forth three alternatives to a proposed project; (2) authorize previously prepared documents to be used in cumulative impact analysis in an EIR; (3) prohibit the consideration of economic and social factors in an EIR; (4) require a public agency to only consider comments that are germane to the specific project; (5) require environmental documents to be prepared by a project applicant, or its agent; (6) prohibit a court from invalidating the certification of an environmental impact report by a public agency, and allow a court to order the voiding of only those portions of an EIR that do not conform to CEQA; (7) allow a public agency to correct those non-conforming portions of the EIR and to re-certify the report as corrected.
Introduced - 01/25/96
Last Amend - 04/10/96
Status - Failed to pass Assembly (36-37)
AB 2130 (McPherson) California State Mussel Watch Program
AB 2130 would require the State Water Resources Control Board, in conjunction with the Department of Fish and Game, to continue to implement a long-term coastal monitoring program known as the California State Mussel Watch Program.
Introduced - 02/5/96
Last Amend - 05/13/96
Status - Passed Assembly (75-0)
Referred to Senate Natural Resources and Wildlife Committee
AB 2152 would require the Department of Health Services to adopt regulations necessary to carry out certain provisions relating to the sanitary control of shellfish and requires those regulations to prescribe standards that are at least as stringent as those that are adopted in connection with the National Shellfish Sanitation program.
Introduced - 02/06/96
Last Amend - None
Status - Referred to Assembly Water Parks and Wildlife and Natural Resources Committees
AB 2485 (Firestone) Coastal Resources: City of Santa Barbara: Wilcox Property
AB 2485 would make legislative findings and declarations pertaining to the importance of protecting the coastal Wilcox property in the City of Santa Barbara due to its environmental values and would state the Legislature’s intent that all appropriate public agencies cooperate with each other and provide assistance to each other with regard to efforts to protect the property.
Introduced - 02/21/96
Last Amend - None
Status - Referred to Assembly Natural Resources Committee
AB 2503 ( Ackerman) State Civil Service: Career Executive Assignment
AB 2503 would remove the requirement that persons eligible to be appointed to career executive assignment positions have permanent status in civil service, and would permit the State Personnel Board, to authorize open examinations for career executive assignment positions.
Introduced - 02/21/96
Last Amend - None
Status - Passed Assembly Appropriations Committee (12-8)
Assembly third reading file.
AB 2519 (Kaloogian) State Civil Service: Classification
AB 2519 would provide that allocation of a position to a civil service class shall be based on the principle that all positions meet the definition of a class shall be included in the same class. The bill would also authorize the State Personnel Board to establish “broadband” classes of employees for which the same general title may be used to designate each position allocated to the class and which may include more than one level or more than one specialty area within the same general field of work, and to determine the minimum qualifications for these classes.
Introduced - 02/21/96
Last Amend - 05/15/96
Status - Passed Assembly (77-0)
Referred to Seante Natural Resources and Wildlife Committee
AB 2620 (Morrissey) Storm Water Discharges
AB 2620 would prohibit the State Water Resources Control Board and the Regional Water Quality Control Boards from prescribing or enforcing waste discharge requirements relating to storm water discharges that are more stringent than federal requirements under the Clean Water Act.
Introduced - 02/21/96
Last Amend - 05/15/96
Status - Passed Assembly (41-31)
Referred to Senate Rules Committee for assignment to policy committee.
AB 3269 (Ducheney) Mountain, Valley, Coast, and Stream Conservation Bonds
AB 3269 would declare legislative intent to authorize the issuance of general obligation bonds for puposes of mountain, valley, coast, and stream conservation.
Introduced - 02/23/96
Last Amend - None
Status - Referred to Assembly Committee on Water, Parks and Wildlife
SB 1542 (Peace) San Diego Unified Port District
SB 1542 would make technical, non-substantive changes in the law governing the San Diego Port District.
Introduced - 02/14/96
Last Amend - 05/14/96
Status - Passed Senate
Referred to Assembly Local Government and Transportation Committees
SB 1635 (Maddy) Water Quality: Storm Water Discharges: Retail Gas
SB 1635 would prescribe certain best management practices to be undertaken by retail gasoline establishments for the purpose of minimizing or eliminating the discharge of pollutants into storm water drains and would impose certain additional requirements on retail gasoline establishments that are, commencing on or after January 1, 1997, constructed or remodeled. The bill would exempt those establishments that comply with these requirements from any storm water or other discharge requirements that may be prescribed by local, regional or state entities.
Introduced - 02/20/96
Last Amend - None
Status - Senate Health and Human Services Committee - Withdrawn from committee.
SB 1748 (Committee on Housing and Land Use) Housing and Land Use Omnibus Act of 1996
SB 1748 would enact the Housing and Land Use Omnibus Act of 1996. The bill would state legislative intent to combine several minor statutory changes relating to housing, land use and related topics into a single measure, and would make related findings and declarations.
Introduced - 02/22/96
Last Amend - 05/06/96
Status - In Assembly
SB 1803 (Ayala and Kopp) Open Meetings
SB 1803 would make various changes to the Bagley-Keene Open Meeting Act, which requires that the meetings of state bodies be conducted openly.
Introduced - 02/22/96
Last Amend - 04/08/96
Status - Passed Senate (37-0)
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