Amended in Senate August 26, 2013

Amended in Senate August 14, 2013

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

California Legislature—2013–14 Regular Session

Assembly Bill No. 976

Introduced by Assembly Member Atkins

(Principal coauthor: Assembly Member Stone)

( begin delete Coauthor: Senator end delete begin insert Coauthors: Senators DeSaulnier and end insert 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, 2019, 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. begin insert The bill would require the penalty to be assessed for each day the violation persists, but for no more than 5 years. end insert

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. begin insert The bill would specify that the repeal of the authority to impose a penalty would not terminate the authority of the commission to impose and collect an administrative penalty for a violation for which the commission commenced an enforcement proceeding on a date prior to the repeal date. end insert

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. begin insert The administrative civil penalty shall be assessed for
each day the violation persists, but for no more than five years. end insert

(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) 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, 2018, that includes all of the following:

(1) The number of new violations reported annually to the
commission from January 1, 2014, to December 31, 2017,
inclusive.

(2) The number of violations resolved from January 1, 2014, to
December 31, 2017, 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, 2017,
inclusive.

(j)  begin delete This end delete begin insert (1) end insert begin insert   end insert begin insert Except as provided in paragraph (2), this end insert section
shall remain in effect only until January 1, 2019, and as of that
date is repealed, unless a later enacted statute, that is enacted before
January 1, 2019, deletes or extends that date.

begin insert

(2) The repeal of this section does not terminate the authority
of the commission to impose and collect an administrative penalty
for a violation for which the commission commenced an
enforcement proceeding on a date prior to January 1, 2019.

end insert