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 penalty that may be imposed by the California Coastal Commission by a majority vote of the commissioners, upon consideration of various factors, in an amount not to exceed 75% of the maximum civil penalty that may be imposed in the superior court, as specified.
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 insteadbegin delete requireend deletebegin insert provideend insert thatbegin delete allend deletebegin insert $1,500,000 of the end insert fundsbegin insert annuallyend insert derived from the payment of a penalty be deposited intobegin delete theend deletebegin insert that Violation Remediation Account, as adjusted, and that any
additional funds be deposited in theend insert 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 amount not
7to exceed 75 percent of the amount of the maximum penalty
8authorized pursuant to subdivision (b) of Section 30820 for each
9violation.
10(b) All penalties imposed pursuant to subdivision (a) shall be
11imposed by majority vote of the commissioners present in a duly
12noticed public hearing in compliance with the requirements of
13Section 30810, 30811, or 30812.
14(c) In determining the amount of civil liability, the commission
15shall take into account the factors set forth in subdivision (c) of
16Section 30820.
P3 1(d) A person shall not be subject to both monetary civil liability
2imposed under this section and monetary civil liability imposed
3by the superior court for the same act or failure to act. In the event
4that a person who is assessed a penalty under this section fails to
5pay the administrative penalty, otherwise fails to comply with a
6restoration or cease and desist order issued by the commission in
7connection with the penalty action, or challenges any of these
8actions by the commission in a court of law, the commission may
9maintain an action or otherwise engage in judicial proceedings to
10enforce those requirements and the court may grant any relief as
11provided under this chapter.
12(e) If a person fails to pay a penalty imposed by the commission
13pursuant to this section, the commission may record a lien on the
14property in the amount of the penalty assessed by the commission.
15This lien shall have the force, effect, and priority of a judgment
16lien.
17(f) In enacting this section, it is not the intent of the Legislature
18that unintentional, minor violations that only cause de minimis
19harm should lead to civil penalties, if the violator has acted
20expeditiously to correct the violation consistent with this act.
21(g) “Person,” for the purpose of this section, does not include
22a local government, a special district, or an agency thereof when
23acting in a legislative or adjudicative capacity.
Section 30823 of the Public Resources Code is
25amended to read:
All funds derived under this article shall be deposited
27in the Coastal Act Services Fund, established pursuant to
28subdivision (a) of Section 30620.1, until appropriated by the
29Legislature, for the purpose of carrying out this division.
(a) (1) Except as provided in subdivision (b), of the
31funds annually derived pursuant to this article, one million five
32hundred thousand dollars ($1,500,000) shall be deposited in the
33Violation Remediation Account of the State Coastal Conservancy
34Fund.
35(2) The one million five hundred thousand dollars ($1,500,000)
36specified in paragraph (1) shall be adjusted annually, based on
37the percentage change in the California Consumer Price Index,
38as
determined pursuant to Section 2212 of the Revenue and
39Taxation Code.
P4 1(b) Any additional funds derived pursuant to this article that
2exceed the annual amount determined pursuant to subdivision (a)
3shall be deposited in the Coastal Act Services Fund, established
4pursuant to subdivision (a) of Section 30620.1, until appropriated
5by the Legislature, for the purpose of carrying out this division.
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