BILL NUMBER: AB 291	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2009
	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   Coauthors:   Assembly Members
  Blumenfield,   Ruskin,   and Swanson
 )

                        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  , with exceptions,
 from filing as complete  ,  or acting upon  ,
 an application for a coastal development permit  for
development on any property   for a project on 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 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   de minimis, as
defined  . This bill would prohibit the commission from taking
action on the application until the  de minimus 
 de minimis  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) Except as provided in subdivision (d), the commission
shall not file as complete or act upon an application for a coastal
development permit for  development on any   a
project on  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 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   minimis 
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
  minimis  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. 
   (e) Subdivision (a) does not apply to an action by a local agency
that is associated with processing, submitting, certifying, or
implementing an amendment to, or original submission of, a local
coastal program, public works plan, or component of a local coastal
program or public works plan.