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 instead provide thatbegin insert, until January 1, 2017,end insert $1,500,000 of the funds annually derived from the payment of a penalty be deposited into that Violation Remediation Account, as adjusted, and that any additional funds be deposited in 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 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.
P3 1(c) In determining the amount of civil liability, the commission
2shall take into account the factors set forth in subdivision (c) of
3Section 30820.
4(d) A person shall not be subject to both monetary civil liability
5imposed under this section and monetary civil liability imposed
6by the superior court for the same act or failure to act. In the event
7that a person who is assessed a penalty under this section fails to
8pay the administrative penalty, otherwise fails to comply with a
9restoration or cease and desist order issued by the commission in
10connection with the penalty action, or challenges any of these
11actions by the commission in a court of law, the commission may
12maintain an action or otherwise engage in judicial proceedings to
13enforce those requirements and the court may grant any relief as
14provided under this chapter.
15(e) If a person fails to pay a penalty imposed by the commission
16pursuant to this section, the commission may record a lien on the
17property in the amount of the penalty assessed by the commission.
18This lien shall have the force, effect, and priority of a judgment
19lien.
20(f) In enacting this section,begin delete it is not the intent of the Legislature begin insert it is
21that unintentional, minor violations that only cause de minimis
22harm should lead to civil penalties, if the violator has acted
23expeditiously to correct the violation consistent with this actend delete
24the intent of the Legislature to ensure that unintentional, minor
25violations of this division that
only cause de minimis harm will
26not lead to the imposition of civil penalties if the violator has acted
27expeditiously to correct the violationend insert.
28(g) “Person,” for the purpose of this section, does not include
29a local government, a special district, or an agency thereof when
30acting in a legislative or adjudicative capacity.
Section 30823 of the Public Resources Code is
32amended to read:
(a) (1) Except as provided in subdivision (b), of the
34funds annually derived pursuant to this article, one million five
35hundred thousand dollars ($1,500,000) shall be deposited in the
36Violation Remediation Account of the State Coastal Conservancy
37Fund.
38(2) The one million five hundred thousand dollars ($1,500,000)
39specified in paragraph (1) shall be adjusted annually, based on the
40percentage change in the California Consumer Price Index, as
P4 1determined pursuant to Section 2212 of the Revenue and Taxation
2Code.
3(b) Any additional funds derived pursuant to this
article that
4exceed the annual amount determined pursuant to subdivision (a)
5shall be deposited in the Coastal Act Services Fund, established
6pursuant to subdivision (a) of Section 30620.1, until appropriated
7by the Legislature, for the purpose of carrying out this division.
8(c) This section shall remain in effect only until January 1, 2017,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2017, deletes or extends that date.
begin insertSection 30823 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
12to read:end insert
(a) Any funds derived under this article shall be
14expended for carrying out the provisions of this division, when
15appropriated by the Legislature. Funds so derived shall be
16deposited in the Violation Remediation Account of the Coastal
17Conservancy Fund until appropriated.
18(b) This section shall become operative on January 1, 2017.
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