California Legislature—2013–14 Regular Session

Assembly Bill No. 976

Introduced by Assembly Member Atkins

(Principal coauthor: Assembly Member Stone)

February 22, 2013

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 976, as introduced, Atkins. Coastal resources: California Coastal Act of 1976: enforcement: penalties.

(1) 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 of an unspecified amount 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.

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 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 require that all funds 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 ____ dollars ($____) and not to exceed ____ dollars
$____) 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.  

begin delete Any end delete begin insert All end insert funds derived under this article shall be
begin delete expended for carrying out end delete begin insert deposited in end insert the begin delete provisions end delete begin insert Coastal Act
Services Fund, established pursuant to subdivision (a) end insert of begin delete this
division, when end delete begin insert Section 30620.1, until end insert appropriated by the
begin delete Legislature. Funds so derived shall be deposited in end delete begin insert Legislature,
for end insert the begin delete Violation Remediation Account end delete begin insert purpose end insert of begin delete the Coastal
Conservancy Fund until appropriated. end delete begin insert carrying out this division. end insert