California 2011-2012 Regular Session Status: Enacted

AB 2082 — Public lands: State Lands Commission: violations.

Last action — Chaptered by Secretary of State - Chapter 247, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 23, 2012. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 that is under the commission's jurisdiction and owned by the state, without first obtaining all necessary easements, leases, or permits from the commission that authorize the construction, design, placement, maintenance, ownership, use, or possession of the structure or facility, except for specified facilities owned by an electrical corporation, as defined, or a gas corporation, as defined. This bill would establish a civil penalty 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 an amount that is not more than 60% higher than the full fair market rental for each month that a violation occurs, as specified. The bill would state criteria for determining the appropriate penalty. 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. The bill, among other things, also would establish procedures to enjoin such activity, remove a violating structure or facility, serve notice of any violation, and conduct an administrative hearing on the violation, as prescribed. The bill would exempt certain persons from the bill's prohibitions and would authorize the commission to adopt regulations to carry out its provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 247, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:05 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 5955.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 15 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 14. Page 4480.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 3). Re-referred to Com. on APPR.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  11. Re-referred to Com. on N.R. & W.

  12. Re-referred to Com. on RLS.

  13. Withdrawn from committee.

  14. Referred to Com. on JUD.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 26. Page 4880.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 12. Noes 5.) (May 9).

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 24). Re-referred to Com. on APPR.

  20. Re-referred to Com. on JUD.

  21. Read second time and amended.

  22. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 2.) (April 16).

  23. Re-referred to Com. on NAT. RES.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  25. Referred to Coms. on NAT. RES. and JUD.

  26. From printer. May be heard in committee March 25.

  27. Read first time. To print.

Sponsors

  • Atkins · Primary
  • Chesbro · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • Atkins

Co-sponsors (1)

  • Chesbro

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2082 ATKINS Concurrence in Senate Amendments

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 512402
Democratic 1000
Republican 0200
Total 522602
% of votes cast 65%33%0%3%
How each member voted (80)
Member Party Vote
Gorell — Yea
Hagman — Nay
Campos — Yea
Eng — Yea
Fuentes — Yea
Carter — Yea
Galgiani — Yea
Fong — Yea
Gatto — Yea
Allen — Yea
Gordon — Yea
Hall — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Fletcher — Yea
Huber — Yea
Chesbro — Yea
Huffman — Yea
Bonilla — Yea
Atkins — Yea
Ma — Yea
Mendoza — Yea
Ammiano — Yea
Cook — Nay
Davis — Yea
Dickinson — Yea
Monning — Yea
Olsen — Nay
Pan — Yea
Perea — Yea
Solorio — Yea
Swanson — Yea
Wieckowski — Yea
Halderman — Nay
Butler — Not Voting
Knight — Nay
Lara — Not Voting
Logue — Nay
Conway — Nay
Donnelly — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Hueso — Yea
Jeffries — Nay
Mansoor — Nay
Nielsen — Nay
Skinner — Yea
Torres — Yea
Valadao — Nay
Williams — Yea
Feuer — Yea
Yamada — Yea
Furutani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB2082 Atkins By Pavley

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211303
Democratic 2000
Republican 0100
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
DeSaulnier — Yea
Hernandez — Yea
Kehoe — Yea
Lowenthal — Yea
De León — Yea
Price — Yea
Steinberg — Yea
Wright — Yea
Negrete McLeod — Yea
Rubio — Yea
Fuller — Nay
Runner — Nay
Cannella — Nay
Corbett — Yea
Hancock — Not Voting
Huff — Nay
Dutton — Nay
Leno — Yea
Liu — Not Voting
Pavley — Yea
Vargas — Yea
Walters — Nay
Alquist — Yea
Anderson — Not Voting
Blakeslee — Nay
Harman — Nay
Lieu — Yea
Simitian — Yea
Wolk — Yea
Wyland — Nay
Emmerson — Nay
Correa — Yea
Evans — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 2082 ATKINS Assembly Third Reading

Passed 48 Yea · 26 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 482405
Democratic 0001
Total 482606
% of votes cast 60%33%0%8%
How each member voted (80)
Member Party Vote
Feuer — Yea
Butler — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Gordon — Yea
Gorell — Yea
Carter — Yea
Hall — Yea
Fong — Yea
Hill — Yea
Allen — Yea
Huber — Yea
Hueso — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Blumenfield — Yea
Swanson — Yea
Torres — Yea
Garrick — Nay
Bonilla — Yea
Yamada — Not Voting
Atkins — Yea
Hagman — Nay
Halderman — Nay
Harkey — Nay
Fletcher — Not Voting
Campos — Yea
Jeffries — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Beall — Yea
Block — Yea
Chesbro — Yea
Conway — Nay
Donnelly — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Perea — Not Voting
Skinner — Not Voting
Wagner — Nay
Williams — Yea
Cook — Nay
Eng — Yea
Davis — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Hall — Yea
Harkey — Nay
Hill — Yea
Mitchell — Yea
Donnelly — Nay
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Nielsen — Nay
Norby — Nay
Wagner — Nay
Davis — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 2082 do?
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 that is under the commission's jurisdiction and owned by the state, without first obtaining all necessary easements, leases, or permits from the commission that authorize the construction, design, placement, maintenance, ownership, use, or possession of the structure or facility, except for specified facilities owned by an electrical corporation, as defined, or a gas corporation, as defined. This bill would establish a civil penalty 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 an amount that is not more than 60% higher than the full fair market rental for each month that a violation occurs, as specified. The bill would state criteria for determining the appropriate penalty. 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. The bill, among other things, also would establish procedures to enjoin such activity, remove a violating structure or facility, serve notice of any violation, and conduct an administrative hearing on the violation, as prescribed. The bill would exempt certain persons from the bill's prohibitions and would authorize the commission to adopt regulations to carry out its provisions.
Who sponsors AB 2082?
AB 2082 is sponsored by Atkins and Chesbro.
What is the current status of AB 2082?
This bill has been enacted into law. Introduced February 23, 2012. Enacted.
Where can I track AB 2082?
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