BILL NUMBER: AB 203	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Stone

                        JANUARY 30, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 203, as introduced, Stone. 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 prohibit the commission, with exceptions, from
filing as complete, or acting upon, an application for a coastal
development permit for a project on property that is subject to an
existing violation case for which a violation notification letter has
been sent, or a cease and desist order, restoration order, or notice
of violation has been issued or recorded until the violation has
been resolved. The bill would authorize the commission to resolve any
unresolved dispute between the executive director and an applicant
regarding the implementation of the above provision at a noticed
hearing. This bill would authorize the commission to file as complete
an application for a coastal development permit for development on
such a property if the violation is de minimis, as defined. This bill
would prohibit the commission from taking action on the application
until the de minimis violation has been resolved, as determined by
the executive director.
   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) Except as provided in subdivision (d), the commission
shall not file as complete or act upon an application for a coastal
development permit for a project on property that is subject to an
open, existing violation case for which a violation notification
letter has been sent, or a cease and desist order, restoration order,
or notice of violation has been issued or recorded pursuant to
Section 30809, 30810, 30811, or 30812 until the violation has been
resolved, as determined by the executive director and consistent with
this division.
   (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.
   (c) Any unresolved dispute between the executive director and an
applicant regarding the implementation of this section may be
resolved by the commission at a noticed hearing pursuant to
subdivision (d) of Section 13056 of Title 14 of the California Code
of Regulations.
   (d) (1) Notwithstanding subdivision (a), the commission may file
as complete an application for a coastal development permit for
development on a property described in subdivision (a) if the
violation is a de minimis violation. If the commission accepts an
application to which this subdivision applies, the commission may not
take action on the application until the violation has been fully
resolved, as determined by the executive director.
   (2) For purposes of this subdivision, "de minimis violation" means
a violation that is so minor in nature that it may be easily
resolved through voluntary actions on the part of the property owner.

   (e) Subdivision (a) does not apply to an action by a local agency
that is associated with processing, submitting, certifying, or
implementing an amendment to, or original submission of, a local
coastal program, public works plan, or component of a local coastal
program or public works plan.