BILL NUMBER: AB 291	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2009
	AMENDED IN ASSEMBLY  MARCH 26, 2009

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 13, 2009

   An act to add Section 30825 to the Public Resources Code, relating
to coastal resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 291, as amended, Saldana. Coastal resources: coastal
development permits: penalties.
   The California Coastal Act of 1976 requires any person undertaking
development in the coastal zone to obtain a coastal development
permit issued by the California Coastal Commission in accordance with
prescribed procedures. The act authorizes civil liability to be
imposed on any person who performs or undertakes development that is
in violation of the act or that is inconsistent with any previously
issued coastal development permit, subject to specified maximum and
minimum amounts, varying according to whether the violation is
intentional and knowing.
   The bill would  require that if a person  
prohibit the commission from filing or acting upon an application for
a coastal development permit from any person if that person 
applying for a coastal development permit has a record of unresolved
violations of the act  , that person would be ineligible to
submit an application for a permit  until the violations
have been resolved. The bill would also provide that this requirement
would not apply if the executive director of the commission
determines that the application includes a provision that would fully
resolve the violation consistent with the act. The bill would
 require   authorize  the commission to
resolve any unresolved dispute between the executive director and an
applicant regarding the implementation of the above provision at a
noticed hearing.
   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 30825 is added to the Public Resources Code, to
read:
   30825.  (a)  A   The commission shall not
file or act upon an application for a coastal development permit from
any  person who has been issued a notice of intent, cease and
desist order, restoration order, or a notice of violation pursuant to
Section 30809, 30810, 30811, or 30812, in addition to any other
penalties  , shall be ineligible to submit an application for
a coastal development permit  until the violation has been
resolved  , as determined by the executive   director
and consistent with this division  .
   (b) Subdivision (a) does not apply if the executive director
determines that the application includes a provision that would fully
resolve the violation consistent with this division.
   (c) Any unresolved dispute between the executive director and an
applicant regarding the implementation of this section  shall
  may  be resolved by the commission at a noticed
hearing pursuant to subdivision (d) of Section 13056 of Title 14 of
the California Code of Regulations.