BILL NUMBER: AB 291	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 13, 2009

   An act to add Section 30825 to the Public Resources Code, relating
to coastal resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 291, as introduced, Saldana. Coastal resources: coastal
development permits: penalties.
   The California Coastal Act of 1976 requires any person undertaking
development in the coastal zone to obtain a coastal development
permit issued by the California Coastal Commission in accordance with
prescribed procedures. The act authorizes civil liability to be
imposed 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, subject to specified maximum and
minimum amounts, varying according to whether the violation is
intentional and knowing.
   The bill would require that if a person applying for a coastal
development permit has a record of unresolved violations of the act,
that person would be ineligible to submit an application for a permit
until the violations have been resolved. The bill would also provide
that this requirement would not apply if the executive director of
the commission determines that the application includes a provision
that would fully resolve the violation consistent with 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 30825 is added to the Public Resources Code, to
read:
   30825.  (a) A person who has been issued a notice of intent, cease
and desist order, restoration order, or a notice of violation
pursuant to Section 30809, 30810, 30811, or 30812, in addition to any
other penalties, shall be ineligible to submit an application for a
coastal development permit until the violation has been resolved.
   (b) Subdivision (a) does not apply if the executive director
determines that the application includes a provision that would fully
resolve the violation consistent with this division.