BILL NUMBER: AB 291	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2009
	AMENDED IN ASSEMBLY  APRIL 22, 2009
	AMENDED IN ASSEMBLY  MARCH 26, 2009

INTRODUCED BY   Assembly Member Saldana
    (   Coauthor:   Assembly Member  
Ruskin   ) 

                        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 prohibit the commission from filing  as
complete  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   for development on any property
that is subject to, or is in common and contiguous ownership with any
property that is subject to an existing violation case for which a
violation notification letter has been sent, or a cease and desist
order, restoration order, or notice of violation has been issued or
recorded  until the  violations have  
violation has  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 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.  This
bill would authorize the commission to file as complete an
application for a coastal development permit for development on such
a property if the violation is de minimus. This bill would prohibit
the commission from taking action on the application until the de
minimus violation has been resolved, as determined by the executive
director. 
   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)  The   Except as provided in
subdivision (d), the  commission shall not file  as complete
 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
  for development on any property that is subject to, or
is in common and   contiguous ownership with any property
that is subject to, an open, existing violation case for which a
violation notification letter has been sent, or a cease and desist
order, restoration order, or notice of violation has been issued or
recorded  pursuant to Section 30809, 30810, 30811, or 30812
 , in addition to any other penalties  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 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. 
   (d) (1) Notwithstanding subdivision (a), the commission may file
as complete an application for a coastal development permit for
development on a property described in subdivision (a) if the
violation is a de minimus violation. If the commission accepts an
application to which this subdivision applies, the commission may not
take action on the application until the violation has been fully
resolved, as determined by the executive director.  
   (2) For purposes of this subdivision, "de minimus violation" means
a violation that is so minor in nature that it may be easily
resolved through voluntary actions on the part of the property owner.