Bill Text: CA AB2664 | 2009-2010 | Regular Session | Enrolled
Bill Title: Public lands: State Lands Commission: violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-09-25 - Vetoed by Governor. [AB2664 Detail]
Download: California-2009-AB2664-Enrolled.html
BILL NUMBER: AB 2664 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2010
PASSED THE ASSEMBLY AUGUST 19, 2010
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN ASSEMBLY APRIL 14, 2010
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 19, 2010
An act to add Sections 6224.3, 6224.4, and 6224.5 to the Public
Resources Code, relating to public lands.
LEGISLATIVE COUNSEL'S DIGEST
AB 2664, Chesbro. Public lands: State Lands Commission:
violations.
Existing law establishes the State Lands Commission in the Natural
Resources Agency. Under existing law, the commission classifies
state land for its different possible uses and has jurisdiction over
various state lands.
This bill would prohibit a person from constructing, placing,
maintaining, owning, using, or possessing a structure or facility on
land under the commission's jurisdiction, unless all necessary
easements, leases, permits, and other instruments required by law
that authorize the construction, design, placement, maintenance,
ownership, use, or possession of the structure or facility have been
obtained.
This bill would establish a civil penalty or fee for a violation
of that provision. A person who violates that provision would either
be liable for a penalty of not more than $1,000 a day or assessed a
monthly use and occupancy fee that is not more than 60% higher than
the full fair market rental for each day that a violation occurs. The
bill would state criteria for determining the appropriate penalty or
fee. The bill would exempt a telegraph or telephone corporation
undertaking specified action and a franchised cable television
corporation, limited to their usage of poles, conduits, cables,
wires, and associated appurtenances under either their ownership or
the ownership of an electrical corporation, from that penalty and
fee.
The bill, among other things, also would establish procedures to
enjoin such activity, remove a violating structure or facility, and
serve notice of any violation.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6224.3 is added to the Public Resources Code,
to read:
6224.3. (a) A person shall not construct, place, maintain, own,
use, or possess a structure or facility on land under the commission'
s jurisdiction unless all necessary easements, leases, permits, and
other instruments required by law that authorize the construction,
design, placement, maintenance, ownership, use, or possession of the
structure or facility have been obtained.
(b) A person, other than a telegraph or telephone corporation
acting pursuant to Section 7901 of the Public Utilities Code or a
franchised cable television corporation, as defined in Section 216.4
of the Public Utilities Code, and limited to their usage of poles,
conduits, cables, wires, and associated appurtenances under either
their ownership or the ownership of an electrical corporation, as
defined in Section 218 of the Public Utilities Code, who violates
subdivision (a) shall either be liable for a penalty of not more than
one thousand dollars ($1,000) a day or assessed a monthly use and
occupancy fee that is not more than 60 percent higher than the full
fair market rental for each day that a violation occurs.
(c) In determining the appropriate penalty or fee described in
subdivision (b), the commission shall consider all of the following
factors:
(1) The physical extent of the violation on the land under the
commission's jurisdiction.
(2) The degree of culpability of the violator.
(3) The degree of cooperation of the violator.
(4) The past history of the violator in taking all feasible steps
or procedures necessary or appropriate to correct a violation.
(5) The violator's prior violations of statutes, rules, orders, or
leases pertaining to lands under the commission's jurisdiction.
(6) The impact the violation causes on the environment to public
access, the public trust, or other property interests under the
commission's jurisdiction.
(7) Any matters relevant to a fair and just result.
(8) Any other factors determined by the commission to be relevant
and consistent with the policy of the commission.
(d) The penalty and fee described in this section shall be imposed
from the first day of the violation to the day the violation ends.
(e) If the penalty or fee described in this section is not paid
within the time allowed under the final order, interest shall accrue
at the rate prescribed by Section 6224. The final order may be
recorded with the county clerk in any county of this state and shall
have the same force, effect, and priority as a judgment lien.
(f) The commission may enjoin a person who violates subdivision
(a) from continuing that violation.
(g) The commission may require a person who violates subdivision
(a) to remove the structure or facility at the person's own expense.
If the violator refuses to remove the structure or facility, or if
the violator cannot be located, the commission may, at its own
expense, remove the structure or facility from the land under the
commission's jurisdiction. The commission may pursue whatever legal
remedies are available to recover the removal costs from the
violator, including placing a lien on the assets of the violator.
(h) The commission may elect to take ownership of the structure or
facility as a fixture and may exercise the state's rights as owner
of the structure or facility.
(i) For the purposes of this section, a structure or facility
shall include, but is not limited to, buildings, boat houses, docks,
piers, revetment, fill, pilings, pipelines, groins, jetties,
seawalls, breakwaters, and bulkheads.
(j) The remedies provided in this section shall be obtained by the
commission through administrative action or by the Attorney General
through civil action. If the Attorney General prevails in a civil
action for a violation of this section, the state shall be awarded
attorney's fees and costs.
(k) The remedies provided by this section are in addition to and
not in lieu of any other penalty or sanction provided by law.
(l) The commission may adopt regulations necessary or useful to
carry out this section.
SEC. 2. Section 6224.4 is added to the Public Resources Code, to
read:
6224.4. (a) If the commission elects to pursue any of the
remedies provided under Section 6224.3 through an administrative
action, the commission shall first provide a 30-day notice to the
person against whom it seeks to impose any of the remedies. The
notice shall include all of the following:
(1) The date, time, and location of the commission hearing where
the person may appear and be heard.
(2) A statement of the authority and jurisdiction under which the
hearing is to be held.
(3) A reference to the particular sections of the statutes and
rules involved.
(4) A short and plain statement of the matters asserted or
charged, including a description of the violation complained of with
reasonable certainty as to its character and location.
(5) A statement indicating whether and under what circumstances an
order by default may be entered.
(b) In lieu of personal service, service of notice may be made by
registered mail and by posting a copy of the notice on the structure
or facility that is in violation of subdivision (a) of Section
6224.3.
(c) If the person fails to appear at the noticed hearing, the
commission may make a final order.
(d) A hearing may be scheduled as a regular calendar item at a
properly noticed commission meeting.
SEC. 3. Section 6224.5 is added to the Public Resources Code, to
read:
6224.5. If, at the time this section is enacted, a person is in
violation of subdivision (a) of Section 6224.3, that person shall
have six months to remedy the violation or have a completed lease
application with all fees and costs submitted to the commission
without being subject to a penalty or fee. The remedy may include,
but is not limited to, entering into an appropriate lease with the
commission or adequately removing the structure or facility.
