State Codes and Statutes

Statutes > California > Prc > 30310-30319.5

PUBLIC RESOURCES CODE
SECTION 30310-30319.5



30310.  In making their appointments pursuant to this division, the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall make good faith efforts to assure that their
appointments, as a whole, reflect, to the greatest extent feasible,
the economic, social, and geographic diversity of the state.




30310.5.  No provision of this division or any other law, including
any doctrine of common law, shall preclude or prevent the
appointment, as a public member, to the commission of any person who
is not a locally elected official.


30312.  The term of office of commission members shall be as
follows:
   (a) (1) A person appointed by the Governor and qualified for
membership because he or she holds a specified office as a locally
elected official shall serve at the pleasure of the Governor.
However, the membership shall cease 60 days after his or her term of
office as a locally elected official ceases, or when a person has
been appointed to fill that position by the Governor, if that occurs
sooner.
   (2) A person appointed by the Senate Committee on Rules or by the
Speaker of the Assembly and qualified for membership because he or
she holds a specified office as a locally elected official shall
serve a term of four years. However, the membership shall cease 60
days after his or her term of office as a locally elected official
ceases, if that occurs sooner.
   (b) (1) A member appointed by the Governor shall serve for two
years at the pleasure of the Governor, and may be reappointed for
succeeding two-year periods, provided that the member may continue to
serve beyond the two-year term until the Governor has acted and the
appointee is authorized to sit and serve on the commission.
   (2) A member appointed by the Senate Committee on Rules or the
Speaker of the Assembly shall serve for four years, and may be
reappointed for succeeding four-year periods, provided that the
member may continue to serve beyond the four-year term until his or
her appointing authority has acted and the appointee is authorized to
sit and serve on the commission. If the Senate Committee on Rules or
the Speaker of the Assembly has not acted within 60 days after the
expiration of a member's term, the position shall become vacant until
a person is appointed to a four-year term, calculated from the
expiration date of the preceding term.
   (c) If a vacancy occurs prior to the expiration of the term for
the vacated seat, the appointing authority shall appoint a member for
the remainder of the unexpired term pursuant to this chapter.
   (d) On the effective date of the act adding this subdivision, the
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint two members to serve two-year terms and two members to serve
four-year terms. All subsequent terms shall be for four years.



30313.  (a) Vacancies that occur shall be filled within 30 days
after the occurrence of the vacancy, and shall be filled in the same
manner in which the vacating member was selected or appointed.
   (b) The executive director of the commission shall notify the
appropriate appointing authority of any expected vacancies on the
commission. If the expected vacancy is a person qualified for
membership because he or she holds a specified office as a locally
elected official, whose term of office as a locally elected official
is expected to expire or has expired, then the appointing authority
shall notify the boards of supervisors and city selection committees
of each county within the affected region of the expected vacancy.




30314.  Except as provided in this section, members or alternates of
the commission shall serve without compensation but shall be
reimbursed for actual and necessary expenses incurred in the
performance of their duties to the extent that reimbursement for
those expenses is not otherwise provided or payable by another public
agency or agencies, and shall receive fifty dollars ($50) for each
full day of attending meetings of the commission. In addition,
members or alternates of the commission shall receive twelve dollars
and fifty cents ($12.50) for each hour actually spent in preparation
for a commission meeting; provided, however, that for each meeting no
more than eight hours of preparation time shall be compensated as
provided herein.
   An alternate shall be entitled to payment and reimbursement for
the necessary expenses incurred in participating in commission
meetings; provided, however, that only the member or his or her
alternate shall receive that payment and reimbursement, and if both
the member and alternate prepare for, attend, and participate in any
portion of a commission meeting, only the alternate shall be entitled
to that payment and reimbursement.
   For the purposes of this section, "full day of attending a meeting"
means presence at, and participation in, not less than 60 percent of
the total meeting time of the commission during any particular
24-hour period.



30315.  The commission shall meet at least once a month at a place
convenient to the public. All meetings of the commission shall be
open to the public.
   A majority of the total appointed membership of the commission
shall constitute a quorum. Any action taken by the commission under
this division requires a majority vote of the members present at the
meeting of the commission, with a quorum being present, unless
otherwise specifically provided for in this division.



30315.1.  Adoption of findings for any action taken by the
commission requires a majority vote of the members from the
prevailing side present at the meeting of the commission, with at
least three of the prevailing members present and voting.




30316.  The commission shall elect a chairperson and vice
chairperson from among its members.



30317.  The headquarters of the commission shall be in a coastal
county, but it may meet and may exercise any or all of its powers in
any part of the state. The commission may maintain regional offices,
if it finds that accessibility to, and participation by, the public
will be better served or that the provisions of this division can be
implemented more efficiently through the maintenance of those
offices.



30318.  Nothing in this division shall preclude or prevent any
member or employee of the commission who is also an employee of
another public agency, a county supervisor or city councilperson,
member of the Association of Bay Area Governments, member of the
Association of Monterey Bay Area Governments, delegate to the
Southern California Association of Governments, or member of the San
Diego Comprehensive Planning Organization, and who has in that
designated capacity voted or acted upon a particular matter, from
voting or otherwise acting upon that matter as a member or employee
of the commission. Nothing in this section shall exempt any such
member or employee of the commission from any other provision of this
article.



30319.  Any person who applies to the commission for approval of a
development permit shall provide the commission with the names and
addresses of all persons who, for compensation, will be communicating
with the commission or commission staff on the applicant's behalf or
on behalf of the applicant's business partners. That disclosure
shall be provided to the commission prior to any such communication.
Failure to comply with that disclosure requirement is a misdemeanor
and, upon conviction, the person shall be punished by a fine of five
thousand dollars ($5,000) or imprisonment in the county jail not
exceeding six months, and, in addition, shall be subject to immediate
denial of the permit.


30319.5.  An applicant whose permit is denied due to his or her
failure to comply with Section 30319 may not apply to the commission
for approval of an identical or similar project for two years from
the date of the permit denial.

State Codes and Statutes

Statutes > California > Prc > 30310-30319.5

PUBLIC RESOURCES CODE
SECTION 30310-30319.5



30310.  In making their appointments pursuant to this division, the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall make good faith efforts to assure that their
appointments, as a whole, reflect, to the greatest extent feasible,
the economic, social, and geographic diversity of the state.




30310.5.  No provision of this division or any other law, including
any doctrine of common law, shall preclude or prevent the
appointment, as a public member, to the commission of any person who
is not a locally elected official.


30312.  The term of office of commission members shall be as
follows:
   (a) (1) A person appointed by the Governor and qualified for
membership because he or she holds a specified office as a locally
elected official shall serve at the pleasure of the Governor.
However, the membership shall cease 60 days after his or her term of
office as a locally elected official ceases, or when a person has
been appointed to fill that position by the Governor, if that occurs
sooner.
   (2) A person appointed by the Senate Committee on Rules or by the
Speaker of the Assembly and qualified for membership because he or
she holds a specified office as a locally elected official shall
serve a term of four years. However, the membership shall cease 60
days after his or her term of office as a locally elected official
ceases, if that occurs sooner.
   (b) (1) A member appointed by the Governor shall serve for two
years at the pleasure of the Governor, and may be reappointed for
succeeding two-year periods, provided that the member may continue to
serve beyond the two-year term until the Governor has acted and the
appointee is authorized to sit and serve on the commission.
   (2) A member appointed by the Senate Committee on Rules or the
Speaker of the Assembly shall serve for four years, and may be
reappointed for succeeding four-year periods, provided that the
member may continue to serve beyond the four-year term until his or
her appointing authority has acted and the appointee is authorized to
sit and serve on the commission. If the Senate Committee on Rules or
the Speaker of the Assembly has not acted within 60 days after the
expiration of a member's term, the position shall become vacant until
a person is appointed to a four-year term, calculated from the
expiration date of the preceding term.
   (c) If a vacancy occurs prior to the expiration of the term for
the vacated seat, the appointing authority shall appoint a member for
the remainder of the unexpired term pursuant to this chapter.
   (d) On the effective date of the act adding this subdivision, the
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint two members to serve two-year terms and two members to serve
four-year terms. All subsequent terms shall be for four years.



30313.  (a) Vacancies that occur shall be filled within 30 days
after the occurrence of the vacancy, and shall be filled in the same
manner in which the vacating member was selected or appointed.
   (b) The executive director of the commission shall notify the
appropriate appointing authority of any expected vacancies on the
commission. If the expected vacancy is a person qualified for
membership because he or she holds a specified office as a locally
elected official, whose term of office as a locally elected official
is expected to expire or has expired, then the appointing authority
shall notify the boards of supervisors and city selection committees
of each county within the affected region of the expected vacancy.




30314.  Except as provided in this section, members or alternates of
the commission shall serve without compensation but shall be
reimbursed for actual and necessary expenses incurred in the
performance of their duties to the extent that reimbursement for
those expenses is not otherwise provided or payable by another public
agency or agencies, and shall receive fifty dollars ($50) for each
full day of attending meetings of the commission. In addition,
members or alternates of the commission shall receive twelve dollars
and fifty cents ($12.50) for each hour actually spent in preparation
for a commission meeting; provided, however, that for each meeting no
more than eight hours of preparation time shall be compensated as
provided herein.
   An alternate shall be entitled to payment and reimbursement for
the necessary expenses incurred in participating in commission
meetings; provided, however, that only the member or his or her
alternate shall receive that payment and reimbursement, and if both
the member and alternate prepare for, attend, and participate in any
portion of a commission meeting, only the alternate shall be entitled
to that payment and reimbursement.
   For the purposes of this section, "full day of attending a meeting"
means presence at, and participation in, not less than 60 percent of
the total meeting time of the commission during any particular
24-hour period.



30315.  The commission shall meet at least once a month at a place
convenient to the public. All meetings of the commission shall be
open to the public.
   A majority of the total appointed membership of the commission
shall constitute a quorum. Any action taken by the commission under
this division requires a majority vote of the members present at the
meeting of the commission, with a quorum being present, unless
otherwise specifically provided for in this division.



30315.1.  Adoption of findings for any action taken by the
commission requires a majority vote of the members from the
prevailing side present at the meeting of the commission, with at
least three of the prevailing members present and voting.




30316.  The commission shall elect a chairperson and vice
chairperson from among its members.



30317.  The headquarters of the commission shall be in a coastal
county, but it may meet and may exercise any or all of its powers in
any part of the state. The commission may maintain regional offices,
if it finds that accessibility to, and participation by, the public
will be better served or that the provisions of this division can be
implemented more efficiently through the maintenance of those
offices.



30318.  Nothing in this division shall preclude or prevent any
member or employee of the commission who is also an employee of
another public agency, a county supervisor or city councilperson,
member of the Association of Bay Area Governments, member of the
Association of Monterey Bay Area Governments, delegate to the
Southern California Association of Governments, or member of the San
Diego Comprehensive Planning Organization, and who has in that
designated capacity voted or acted upon a particular matter, from
voting or otherwise acting upon that matter as a member or employee
of the commission. Nothing in this section shall exempt any such
member or employee of the commission from any other provision of this
article.



30319.  Any person who applies to the commission for approval of a
development permit shall provide the commission with the names and
addresses of all persons who, for compensation, will be communicating
with the commission or commission staff on the applicant's behalf or
on behalf of the applicant's business partners. That disclosure
shall be provided to the commission prior to any such communication.
Failure to comply with that disclosure requirement is a misdemeanor
and, upon conviction, the person shall be punished by a fine of five
thousand dollars ($5,000) or imprisonment in the county jail not
exceeding six months, and, in addition, shall be subject to immediate
denial of the permit.


30319.5.  An applicant whose permit is denied due to his or her
failure to comply with Section 30319 may not apply to the commission
for approval of an identical or similar project for two years from
the date of the permit denial.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Prc > 30310-30319.5

PUBLIC RESOURCES CODE
SECTION 30310-30319.5



30310.  In making their appointments pursuant to this division, the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall make good faith efforts to assure that their
appointments, as a whole, reflect, to the greatest extent feasible,
the economic, social, and geographic diversity of the state.




30310.5.  No provision of this division or any other law, including
any doctrine of common law, shall preclude or prevent the
appointment, as a public member, to the commission of any person who
is not a locally elected official.


30312.  The term of office of commission members shall be as
follows:
   (a) (1) A person appointed by the Governor and qualified for
membership because he or she holds a specified office as a locally
elected official shall serve at the pleasure of the Governor.
However, the membership shall cease 60 days after his or her term of
office as a locally elected official ceases, or when a person has
been appointed to fill that position by the Governor, if that occurs
sooner.
   (2) A person appointed by the Senate Committee on Rules or by the
Speaker of the Assembly and qualified for membership because he or
she holds a specified office as a locally elected official shall
serve a term of four years. However, the membership shall cease 60
days after his or her term of office as a locally elected official
ceases, if that occurs sooner.
   (b) (1) A member appointed by the Governor shall serve for two
years at the pleasure of the Governor, and may be reappointed for
succeeding two-year periods, provided that the member may continue to
serve beyond the two-year term until the Governor has acted and the
appointee is authorized to sit and serve on the commission.
   (2) A member appointed by the Senate Committee on Rules or the
Speaker of the Assembly shall serve for four years, and may be
reappointed for succeeding four-year periods, provided that the
member may continue to serve beyond the four-year term until his or
her appointing authority has acted and the appointee is authorized to
sit and serve on the commission. If the Senate Committee on Rules or
the Speaker of the Assembly has not acted within 60 days after the
expiration of a member's term, the position shall become vacant until
a person is appointed to a four-year term, calculated from the
expiration date of the preceding term.
   (c) If a vacancy occurs prior to the expiration of the term for
the vacated seat, the appointing authority shall appoint a member for
the remainder of the unexpired term pursuant to this chapter.
   (d) On the effective date of the act adding this subdivision, the
Senate Committee on Rules and the Speaker of the Assembly shall each
appoint two members to serve two-year terms and two members to serve
four-year terms. All subsequent terms shall be for four years.



30313.  (a) Vacancies that occur shall be filled within 30 days
after the occurrence of the vacancy, and shall be filled in the same
manner in which the vacating member was selected or appointed.
   (b) The executive director of the commission shall notify the
appropriate appointing authority of any expected vacancies on the
commission. If the expected vacancy is a person qualified for
membership because he or she holds a specified office as a locally
elected official, whose term of office as a locally elected official
is expected to expire or has expired, then the appointing authority
shall notify the boards of supervisors and city selection committees
of each county within the affected region of the expected vacancy.




30314.  Except as provided in this section, members or alternates of
the commission shall serve without compensation but shall be
reimbursed for actual and necessary expenses incurred in the
performance of their duties to the extent that reimbursement for
those expenses is not otherwise provided or payable by another public
agency or agencies, and shall receive fifty dollars ($50) for each
full day of attending meetings of the commission. In addition,
members or alternates of the commission shall receive twelve dollars
and fifty cents ($12.50) for each hour actually spent in preparation
for a commission meeting; provided, however, that for each meeting no
more than eight hours of preparation time shall be compensated as
provided herein.
   An alternate shall be entitled to payment and reimbursement for
the necessary expenses incurred in participating in commission
meetings; provided, however, that only the member or his or her
alternate shall receive that payment and reimbursement, and if both
the member and alternate prepare for, attend, and participate in any
portion of a commission meeting, only the alternate shall be entitled
to that payment and reimbursement.
   For the purposes of this section, "full day of attending a meeting"
means presence at, and participation in, not less than 60 percent of
the total meeting time of the commission during any particular
24-hour period.



30315.  The commission shall meet at least once a month at a place
convenient to the public. All meetings of the commission shall be
open to the public.
   A majority of the total appointed membership of the commission
shall constitute a quorum. Any action taken by the commission under
this division requires a majority vote of the members present at the
meeting of the commission, with a quorum being present, unless
otherwise specifically provided for in this division.



30315.1.  Adoption of findings for any action taken by the
commission requires a majority vote of the members from the
prevailing side present at the meeting of the commission, with at
least three of the prevailing members present and voting.




30316.  The commission shall elect a chairperson and vice
chairperson from among its members.



30317.  The headquarters of the commission shall be in a coastal
county, but it may meet and may exercise any or all of its powers in
any part of the state. The commission may maintain regional offices,
if it finds that accessibility to, and participation by, the public
will be better served or that the provisions of this division can be
implemented more efficiently through the maintenance of those
offices.



30318.  Nothing in this division shall preclude or prevent any
member or employee of the commission who is also an employee of
another public agency, a county supervisor or city councilperson,
member of the Association of Bay Area Governments, member of the
Association of Monterey Bay Area Governments, delegate to the
Southern California Association of Governments, or member of the San
Diego Comprehensive Planning Organization, and who has in that
designated capacity voted or acted upon a particular matter, from
voting or otherwise acting upon that matter as a member or employee
of the commission. Nothing in this section shall exempt any such
member or employee of the commission from any other provision of this
article.



30319.  Any person who applies to the commission for approval of a
development permit shall provide the commission with the names and
addresses of all persons who, for compensation, will be communicating
with the commission or commission staff on the applicant's behalf or
on behalf of the applicant's business partners. That disclosure
shall be provided to the commission prior to any such communication.
Failure to comply with that disclosure requirement is a misdemeanor
and, upon conviction, the person shall be punished by a fine of five
thousand dollars ($5,000) or imprisonment in the county jail not
exceeding six months, and, in addition, shall be subject to immediate
denial of the permit.


30319.5.  An applicant whose permit is denied due to his or her
failure to comply with Section 30319 may not apply to the commission
for approval of an identical or similar project for two years from
the date of the permit denial.