RBOC Opposing Bills Providing Coastal Commission with Administrative Fine Authority

RBOC is opposing budget trailer legislation that would authorize the California Coastal Commission with administrative fine authority.

  • The bills would allow the Commission to impose an administrative civil penalty upon a person who violates public access provisions of the Coastal Act, by a majority vote of the commissioners, upon consideration of various factors.
  • The fine could be in an amount not to exceed 75% of the maximum civil penalty that may be imposed in the superior court.
  • The bills would authorize the penalty to be assessed for each day the violation persists, but for no more than 5 years.
  • The bills would prohibit a person 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 bills 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 bills would prohibit the assessment of administrative penalties in certain cases if the property owner corrects the violations.

These provisions were amended into AB 1466 on June 12 and the measure is scheduled to be taken up on Sunday, June 15 as a budget trailer bill. The provisions were also amended into into SB 861 on June 13.

The Legislature is working to pass the budget bill and related provisions to the Governor on June 15.