AB 976, as amended, 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 penaltybegin delete of an unspecified amountend delete that may be imposed by the California Coastal Commission by a majority vote of the commissioners, upon consideration of various factors, inbegin delete a public hearingend deletebegin insert
an amount not to exceed 75% of the maximum civil penalty that may be imposed in the superior court, as specifiedend insert.
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 30821 is added to the Public Resources
2Code, to read:
(a) In addition to any other penalties imposed pursuant
4to this division, a person, including a landowner, who is in violation
5of a provision of this division is subject to an administrative civil
6penalty that may be imposed by the commission in an amountbegin delete not not to exceed
7less than ____ dollars ($____) andend deletebegin delete ____ dollars begin insert 75 percent of the amount of the maximum penalty
8$____)end delete
9authorized pursuant to subdivision (b) of Section 30820end insert for each
10violation.
11(b) All penalties imposed pursuant to subdivision (a) shall be
12imposed by majority vote of the commissioners present in a duly
13noticed public hearing in compliance with the requirements of
14Section 30810, 30811, or 30812.
15(c) In determining the amount of civil liability, the commission
16shall take into account the factors set forth in subdivision (c) of
17Section 30820.
18(d) A person shall not be subject to both monetary civil liability
19imposed under this section and monetary civil liability imposed
20by the superior court for the same act or failure to act. In the event
P3 1that a person who is assessed a penalty under this section fails to
2pay the administrative penalty, otherwise fails to comply with a
3restoration or cease and desist order issued by the commission in
4connection
with the penalty action, or challenges any of these
5actions by the commission in a court of law, the commission may
6maintain an action or otherwise engage in judicial proceedings to
7enforce those requirements and the court may grant any relief as
8provided under this chapter.
9(e) If a person fails to pay a penalty imposed by the commission
10pursuant to this section, the commission may record a lien on the
11property in the amount of the penalty assessed by the commission.
12This lien shall have the force, effect, and priority of a judgment
13lien.
14(f) In enacting this section, it is not the intent of the Legislature
15that unintentional, minor violations that only cause de minimis
16harm should lead to civil penalties, if the violator has acted
17expeditiously to correct the violation
consistent with this act.
18(g) “Person,” for the purpose of this section, does not include
19a local government, a special district, or an agency thereof when
20acting in a legislative or adjudicative capacity.
Section 30823 of the Public Resources Code is
22amended to read:
All funds derived under this article shall be deposited
24in the Coastal Act Services Fund, established pursuant to
25subdivision (a) of Section 30620.1, until appropriated by the
26Legislature, for the purpose of carrying out this division.
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