BILL NUMBER: AB 226	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 4, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 226, as introduced, Ruskin. Coastal resources: California
Coastal Act of 1976: enforcement.
   (1) The California Coastal Act of 1976 requires any 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 any
person who performs or undertakes development that is in violation of
the act or that is inconsistent with any previously issued coastal
development permit, and on any person who violates the act in any
other manner and authorizes any person to maintain an action for
recovery of these civil penalties.
   This bill would provide that a person who violates the act is
subject to an administrative civil penalty that may be imposed by the
California Coastal Commission by a majority vote of the
commissioners, upon consideration of various factors, in a public
hearing in an amount no less than $5,000 and no more than $50,000 for
each violation.
   This bill would provide that a person shall not be subject to both
monetary civil liability imposed by the commission and monetary
civil liability imposed by the superior court for the same act or
failure to act unless the person fails to pay the administrative
penalty or fails to comply with an order issued by the commission in
connection with the penalty action or if the person elects to
challenge the commission's action in a court of law. This bill would
also allow the commission to file 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 fine.
   (2) The act also requires that all funds derived from the payment
of a penalty are to be deposited into the Violation Remediation
Account of the Coastal Conservancy Fund, until appropriated by the
Legislature, for purposes of carrying out the act.
   This bill would instead require that all penalties derived from
the payment of a penalty be deposited into 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 less
than five thousand dollars ($5,000) and not to exceed fifty thousand
dollars ($50,000) for each violation.
   (b) All penalties imposed pursuant to this subdivision shall be
imposed by majority vote of the commissioners present in a duly
noticed public hearing.
   (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, unless the
person fails to pay the administrative penalty or fails to comply
with an order issued by the commission in connection with the penalty
action, or if the person elects to challenge the commission's action
in a court of law.
   (e) Failure to pay the fine imposed by the commission shall allow
the commission to file a lien on the property in the amount of the
penalty assessed by the commission.
  SEC. 2.  Section 30823 of the Public Resources Code is amended to
read:
   30823.   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.   All funds derived under this
article 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.