BILL NUMBER: AB 976 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 13, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Atkins
(Principal coauthor: Assembly Member Stone)
FEBRUARY 22, 2013
An act to amend , repeal, and add Section 30823 of, and
to add Section 30821 to, the Public Resources Code, relating to
coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
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 that , until January 1, 2017,
$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 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 to
exceed 75 percent of the amount of the maximum penalty authorized
pursuant to subdivision (b) of Section 30820 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
it is the intent of the Legislature to ensure that
unintentional, minor violations of this division that only
cause de minimis harm will not lead to the imposition of civil
penalties if the violator has acted expeditiously to correct the
violation .
(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. (a) (1) Except as provided in subdivision (b), of the
funds annually derived pursuant to this article, one million five
hundred thousand dollars ($1,500,000) shall be deposited in the
Violation Remediation Account of the State Coastal Conservancy Fund.
(2) The one million five hundred thousand dollars ($1,500,000)
specified in paragraph (1) shall be adjusted annually, based on the
percentage change in the California Consumer Price Index, as
determined pursuant to Section 2212 of the Revenue and Taxation Code.
(b) Any additional funds derived pursuant to this article that
exceed the annual amount determined pursuant to subdivision (a) shall
be deposited in the Coastal Act Services Fund, established pursuant
to subdivision (a) of Section 30620.1, until appropriated by the
Legislature, for the purpose of carrying out this division.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 3. Section 30823 is added to the
Public Resources Code , to read:
30823. (a) Any funds derived under this article shall be expended
for carrying out the provisions of this division, when appropriated
by the Legislature. Funds so derived shall be deposited in the
Violation Remediation Account of the Coastal Conservancy Fund until
appropriated.
(b) This section shall become operative on January 1, 2017.