Bill Text: CA AB203 | 2013-2014 | Regular Session | Amended
Bill Title: California Coastal Commission: restoration and cease and desist orders: report.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2014-02-06 - Referred to Com. on RLS. [AB203 Detail]
Download: California-2013-AB203-Amended.html
BILL NUMBER: AB 203 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 27, 2014
AMENDED IN ASSEMBLY MAY 29, 2013
AMENDED IN ASSEMBLY MAY 9, 2013
AMENDED IN ASSEMBLY MARCH 11, 2013
INTRODUCED BY Assembly Member Stone
(Coauthor: Assembly Member Ting)
JANUARY 30, 2013
An act to add and repeal Section 30825 to
30821 of the Public Resources Code, relating to
coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 203, as amended, Stone. California Coastal
resources: coastal development permits: penalties.
Commission: restoration and cease and desist orders: report.
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. authorizes the
commission to take specified actions to enforce the permit
requirements, including the issuance of restoration and cease and
desist orders.
This bill would authorize the commission, no later than January 1
of each year, until January 1, 2019, to submit to each house of the
Legislature an annual report describing the restoration orders and
cease and desist orders issued by the commission during the previous
calendar year.
This bill would prohibit the commission, with exceptions, from
filing as complete, or acting upon, an application for a coastal
development permit for a project on property that is subject to an
existing violation case for which a violation notification letter has
been sent by the commission, 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 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 minimis, as defined. This bill would prohibit the
commission from taking action on the application until the de minimis
violation has been resolved, as determined by the executive
director. The bill would specify that those provisions shall not
apply to a new development application for a development in a harbor,
port, or marina for a project that is individually owned or leased
by a separate party that is unaffiliated with an open, existing
violation case, as described. This bill would also specify that those
provisions shall not apply to a new development application for a
development that is a principally permitted agricultural use,
agricultural activity, or agricultural facility on property zoned for
agricultural production.
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 30821 is added to the
Public Resources Code , to read:
30821. (a) No later than January 1 of each year, the commission
may submit to each house of the Legislature an annual report
describing the restoration orders and cease and desist orders issued
by the commission during the previous calendar year.
(b) (1) A report issued pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2019.
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 a project on property that is subject to an
open, existing violation case for which a violation notification
letter has been sent by the commission, 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. This section shall not require or
preclude resolution of any new violation that is identified during
the permit application process.
(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 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 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.
(f) This section shall not apply to a new development application
for a development in a harbor, port, or marina for a project that is
individually owned or leased by a separate party that is unaffiliated
with an open, existing violation case, as described in subdivision
(a).
(g) This section shall not apply to a new development application
for a development that is a principally permitted agricultural use,
agricultural activity, or agricultural facility on property zoned for
agricultural production.
