Amended in Assembly May 28, 2013

Amended in Assembly May 13, 2013

Amended in Assembly April 4, 2013

Amended in Assembly March 19, 2013

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 begin delete amend, repeal, and add Section 30823 of, and to end delete add begin insert and repeal end insert Section 30821 begin delete to, end delete begin insert of end insert 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.

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(1) The

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begin insert The end insert 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 begin delete provide that a person who violates the act is subject to an administrative civil penalty that may be imposed by end delete begin insert authorize, until January 1, 2017, end insert the California Coastal Commission begin insert to impose upon a person who violates the act an administrative civil penalty end insert by a majority vote of the commissioners, upon consideration of various factors, begin insert and end insert 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 begin delete provide that end delete begin insert prohibit end insert a person, as defined, begin delete shall not be end delete begin insert from being end insert subject to both begin insert this end insert monetary civil liability imposed by the commission and begin insert a end insert monetary civil liability imposed by the superior court for the same act or failure to act. begin delete In end delete begin insert The bill, in end insert 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, begin insert would authorize end insert the commission begin delete may end delete begin insert to end insert maintain an action or otherwise engage in judicial proceedings to enforce those requirements and begin insert would authorize end insert the court begin delete may end delete begin insert to end insert 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.

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(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.

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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.

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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 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.

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(h) This section shall remain in effect only until January 1, 2017.

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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.

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