Atkins
Author
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. The bill would require the penalty to be assessed for each day the violation persists, but for no more than 5 years. 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. 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.
Died in Conference Committee.
Assembly refused to concur in Senate amendments. To Conference Committee. (Ayes 34. Noes 30. Page 3147.)
Reconsideration granted. (Ayes 48. Noes 23. Page 3062.)
Motion to reconsider made by Assembly Member Atkins.
Assembly refused to concur in Senate amendments. (Ayes 36. Noes 32. Page 3044.)
Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 17. Page 2190.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 2).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 2.) (June 25). Re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 32. Page 1819.)
Read third time and amended. Ordered to third reading. (Page 1653.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 8).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 16). Re-referred to Com. on APPR.
Read second time and amended.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 3.) (April 1).
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
Read first time.
From printer. May be heard in committee March 26.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB976 | HTML |
| 02/22/13 - Introduced | |
| 03/19/13 - Amended Assembly | |
| 04/04/13 - Amended Assembly | |
| 05/13/13 - Amended Assembly | |
| 05/28/13 - Amended Assembly | |
| 07/08/13 - Amended Senate | |
| 08/14/13 - Amended Senate | |
| 08/26/13 - Amended Senate |
| Document | Format |
|---|---|
| No related documents. |
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