Bill Text: CA AB2664 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 2664	AMENDED
	BILL TEXT

	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, as amended, 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  a 
 all  necessary  easement, lease, permit, or
  easements, leases, permits, and  other 
instrument   instruments  required by law that
 authorizes   authorize  the construction,
design, placement, maintenance, ownership, use, or possession of the
structure or facility  has   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 also  , among other things, 
also would  establish procedures to enjoin such activity, remove
a violating structure or facility, and serve notice of any
violation.
   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 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  a necessary easement, lease, permit,
or other instrument   all necessary easements, leases,
permits,   and other instruments  required by law that
 authorizes   authorize  the construction,
design, placement, maintenance, ownership, use, or possession of the
structure or facility  has   have  been
obtained.
   (b) A person 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, sea
walls, 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.