BILL NUMBER: AB 226	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 3, 2009
	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN SENATE  JUNE 26, 2009
	AMENDED IN SENATE  JUNE 16, 2009
	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly Member Ruskin
   (Coauthor: Assembly Member Saldana)

                        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 amended, Ruskin. Coastal resources: California Coastal
Act of 1976: enforcement. 
   (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 and authorizes a 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, as specified, in an amount no less than $5,000 and no more
than $50,000 for each violation.
   This bill would provide that a person, as defined, 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. 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, the commission may maintain
an action or otherwise engage in judicial proceedings to enforce
those requirements and the court may grant any 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 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 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 not the intent of the
Legislature that unintentional, minor violations that only cause de
minimis harm should lead to civil penalties, if the violator has
acted expeditiously to correct the violation consistent with this
act.
   (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. 
  SEC. 2.    Section 30823 of the Public Resources
Code is amended to read:
   30823.   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.