BILL NUMBER: AB 976	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 8, 2013
	AMENDED IN ASSEMBLY  MAY 28, 2013
	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)
    (  Coauthor:   Senator   Jackson
  ) 

                        FEBRUARY 22, 2013

   An act to add and repeal Section 30821 of 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.
   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 authorize, until January 1, 2017, the California
Coastal Commission to impose upon a person who violates the act an
administrative civil penalty by a majority vote of the commissioners,
upon consideration of various factors, and 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 prohibit a person, as defined, from being subject
to both this monetary civil liability imposed by the commission and a
monetary civil liability imposed by the superior court for the same
act or failure to act. The bill, 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, would authorize the
commission to maintain an action or otherwise engage in judicial
proceedings to enforce those requirements and would authorize the
court to 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.  The bill would prohibit the assessment
of administrative penalties if the   homeowner corrects the
violations, as specified. 
   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. 
   (h) This section shall remain in effect only until January 1,
2017.  
   (h) Administrative penalties pursuant to subdivision (a) shall not
be assessed if the property owner corrects the violation consistent
with this division within 30 days of receiving written notification
from the commission regarding the notification, and if the alleged
violator can correct the violation without undertaking additional
development that requires a permit under this division. This
subdivision shall not apply to violations of previous permit
conditions.  
   (i) The commission shall prepare and submit, pursuant to Section
9795 of the Government Code, a report to the Legislature by January
15, 2016, that includes all of the following:  
   (1) The number of new violations reported annually to the
commission from January 1, 2014, to December 31, 2015, inclusive.
 
   (2) The number of violations resolved from January 1, 2014, to
December 31, 2015, inclusive.  
   (3) The number of administrative penalties issued pursuant to this
section, the dollar amount of the penalties, and a description of
the violations from January 1, 2014, to December 31, 2015, inclusive.
 
   (j) 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.