Bill Text: CA AB976 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Coastal resources: California Coastal Act of 1976: enforcement: penalties.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2013-09-10 - Reconsideration granted. (Ayes 48. Noes 23. Page 3062.) Assembly refused to concur in Senate amendments. To Conference Committee. (Ayes 34. Noes 30. Page 3147.) [AB976 Detail]

Download: California-2013-AB976-Amended.html

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BILL NUMBER: AB 976	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2013
	AMENDED IN ASSEMBLY  MAY 13, 2013
	AMENDED IN ASSEMBLY  APRIL 4, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Atkins
   (Principal coauthor: Assembly Member Stone)

                        FEBRUARY 22, 2013

   An act to  amend, repeal, and add Section 30823 of, and to
 add  and repeal  Section 30821  to,
  of  the Public Resources Code, relating to
coastal resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 976, as amended, Atkins. Coastal resources: California Coastal
Act of 1976: enforcement: penalties. 
   (1) The 
    The  California Coastal Act of 1976 requires a person
undertaking development in the coastal zone to obtain a coastal
development permit in accordance with prescribed procedures. Existing
law authorizes the superior court to impose civil liability on a
person who performs or undertakes development that is in violation of
the act or that is inconsistent with a previously issued coastal
development permit, and on a person who violates the act in any other
manner.
   This bill would  provide that a person who violates the
act is subject to an administrative civil penalty that may be imposed
by   authorize, until January 1, 2017,  the
California Coastal Commission  to impose upon a person who
violates the act an administrative civil penalty  by a majority
vote of the commissioners, upon consideration of various factors,
 and  in an amount not to exceed 75% of the maximum civil
penalty that may be imposed in the superior court, as specified.
   This bill would  provide that   prohibit
 a person, as defined,  shall not be   from
being  subject to both  this  monetary civil liability
imposed by the commission and  a  monetary civil liability
imposed by the superior court for the same act or failure to act.
 In   The bill, in  the event that a person
who is assessed a penalty by the commission fails to pay the
penalty, fails to comply with a restoration or cease and desist
order, or challenges any of these actions in a court of law, 
would authorize  the commission  may   to
 maintain an action or otherwise engage in judicial proceedings
to enforce those requirements and  would authorize  the
court  may   to  grant relief, as
specified. This bill would also allow the commission to record a lien
on the property of a violator in the amount of the penalty assessed
by the commission if the violator fails to pay the penalty. 
   (2) The act requires that all funds derived from the payment of a
penalty are to be deposited into the Violation Remediation Account of
the State Coastal Conservancy Fund, until appropriated by the
Legislature, for purposes of carrying out the act.  

   This bill would instead provide that, until January 1, 2017,
$1,500,000 of the funds annually derived from the payment of a
penalty be deposited into that Violation Remediation Account, as
adjusted, and that any additional funds be deposited in the Coastal
Act Services Fund, until appropriated by the Legislature, for the
purposes of carrying out the act. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 30821 is added to the Public Resources Code, to
read:
   30821.  (a) In addition to any other penalties imposed pursuant to
this division, a person, including a landowner, who is in violation
of a provision of this division is subject to an administrative civil
penalty that may be imposed by the commission in an amount not to
exceed 75 percent of the amount of the maximum penalty authorized
pursuant to subdivision (b) of Section 30820 for each violation.
   (b) All penalties imposed pursuant to subdivision (a) shall be
imposed by majority vote of the commissioners present in a duly
noticed public hearing in compliance with the requirements of Section
30810, 30811, or 30812.
   (c) In determining the amount of civil liability, the commission
shall take into account the factors set forth in subdivision (c) of
Section 30820.
   (d) A person shall not be subject to both monetary civil liability
imposed under this section and monetary civil liability imposed by
the superior court for the same act or failure to act. In the event
that a person who is assessed a penalty under this section fails to
pay the administrative penalty, otherwise fails to comply with a
restoration or cease and desist order issued by the commission in
connection with the penalty action, or challenges any of these
actions by the commission in a court of law, the commission may
maintain an action or otherwise engage in judicial proceedings to
enforce those requirements and the court may grant any relief as
provided under this chapter.
   (e) If a person fails to pay a penalty imposed by the commission
pursuant to this section, the commission may record a lien on the
property in the amount of the penalty assessed by the commission.
This lien shall have the force, effect, and priority of a judgment
lien.
   (f) In enacting this section, it is the intent of the Legislature
to ensure that unintentional, minor violations of this division that
only cause de minimis harm will not lead to the imposition of civil
penalties if the violator has acted expeditiously to correct the
violation.
   (g) "Person," for the purpose of this section, does not include a
local government, a special district, or an agency thereof when
acting in a legislative or adjudicative capacity. 
   (h) This section shall remain in effect only until January 1,
2017.  
  SEC. 2.   Section 30823 of the Public Resources
Code is amended to read:
   30823.  (a) (1) Except as provided in subdivision (b), of the
funds annually derived pursuant to this article, one million five
hundred thousand dollars ($1,500,000) shall be deposited in the
Violation Remediation Account of the State Coastal Conservancy Fund.
   (2) The one million five hundred thousand dollars ($1,500,000)
specified in paragraph (1) shall be adjusted annually, based on the
percentage change in the California Consumer Price Index, as
determined pursuant to Section 2212 of the Revenue and Taxation Code.

   (b) Any additional funds derived pursuant to this article that
exceed the annual amount determined pursuant to subdivision (a) shall
be deposited in the Coastal Act Services Fund, established pursuant
to subdivision (a) of Section 30620.1, until appropriated by the
Legislature, for the purpose of carrying out this division.
   (c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.  
  SEC. 3.    Section 30823 is added to the Public
Resources Code, to read:
   30823.  (a) Any funds derived under this article shall be expended
for carrying out the provisions of this division, when appropriated
by the Legislature. Funds so derived shall be deposited in the
Violation Remediation Account of the Coastal Conservancy Fund until
appropriated.
   (b) This section shall become operative on January 1, 2017.