BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 203
                                                                  Page  1

          Date of Hearing:   January 29, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 203 (Stone) - As Amended:  January 27, 2014 

          Policy Committee:                              Natural  
          ResourcesVote:5-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes the Coastal Commission (Commission) to  
          submit an annual report to the Legislature describing the  
          restoration orders and cease and desist orders issued during the  
          previous calendar year.  This bill sunsets on January 1, 2019.

           FISCAL EFFECT  

          Negligible state costs.   

           COMMENTS  

          1)  Rationale.   According to the author, enforcement is an  
            important part of the Coastal Commission's ability to protect  
            the California coast while ensuring access to our state's  
            greatest resource.  This bill authorizes the Coastal  
            Commission to provide an annual report to the Legislature on  
            the Commission's restoration orders and cease and desist  
            orders. This information will provide the Legislature with a  
            clear understanding of the Commission's enforcement  
            activities.  

           2)Background.   The Coastal Act established the Commission to  
            protect the coast's natural and scenic resources and to  
            regulate development along the coastal zone. In order to  
            develop property in the coastal zone, a CDP must be obtained.   
            The commission determines if the development is consistent  
            with the Coastal Act and state and local coastal plans.  

            The Commission has several enforcement options to address  
            violations of the Coastal Act.  The commission generally uses  








                                                                  AB 203
                                                                  Page  2

            cease and desist orders to halt ongoing violations, to order  
            removal of unpermitted development, and to obtain compliance  
            with requirements of the Coastal Act or local costal plans.   
            An order may be issued only after the failure to respond to  
            verbal and written notice.

            The Commission generally uses restoration orders to bring  
            about removal of unpermitted development and/or restoration of  
            damaged coastal resources.  The Commission may only issue a  
            restoration order after a noticed public hearing.

            The executive director of the Commission can also issue cease  
            and desist orders when someone has undertaken, or is  
            threatening to undertake, development without a CDP or  
            inconsistent with a CDP.  The executive director orders stay  
            in effect for 90 days and are followed by public hearings and  
            commission-issued orders if needed.

            A superior court may impose civil penalties between $500 and  
            $30,000 per violation of the Coastal Act.  Additional civil  
            penalties between $1,000 and $15,000 may be imposed for each  
            day in which the violation persists.  


           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081