California Coastal Commission: delegation of authority.
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AB 2648 — California Coastal Commission: delegation of authority.
Last action — In committee: Set, first hearing. Failed passage. Reconsideration granted.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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.
Bill Text
- Amended 03/18/16 - Amended Assembly Current pdf March 18, 2016
- Introduced 02/19/16 - Introduced pdf February 19, 2016
- AB2648 View text html
Action History
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In committee: Set, first hearing. Failed passage. Reconsideration granted.
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Re-referred to Com. on NAT. RES.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
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Referred to Com. on NAT. RES.
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Read first time.
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From printer. May be heard in committee March 22.
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Introduced. To print.
Sponsors
- Jones · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No
Sponsors (1)
- Jones
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 9 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Williams | — | Yea |
| Gomez | — | Yea |
| Hadley | — | Yea |
| Harper | — | Yea |
| McCarty | — | Yea |
| Wood | — | Yea |
| Cristina Garcia | — | Yea |
| Mark Stone | — | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 6 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 2 | 6 | 0 | 1 |
| % of votes cast | 22% | 67% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| McCarty | — | Not Voting |
| Wood | — | Nay |
| Gomez | — | Nay |
| Hadley | — | Nay |
| Harper | — | Yea |
| Williams | — | Nay |
| Cristina Garcia | — | Nay |
| Mark Stone | — | Nay |
| Jones, Brian W. | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 2648 do?
- 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.
- Who sponsors AB 2648?
- AB 2648 is sponsored by Jones.
- What is the current status of AB 2648?
- This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 2648?
- Track AB 2648 free on One Click Politics — get push/email alerts when it moves.
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