California 2013-2014 Regular Session Status: Passed Assembly 1 D cosponsors

AB 976 — Coastal resources: California Coastal Act of 1976: enforcement: penalties.

Last action — Died in Conference Committee.

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

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The California Coastal Act of 1976 requires a person undertaking development in the coastal zone to obtain a coastal development permit in accordance with prescribed procedures. Existing law authorizes the superior court to impose civil liability on a person who performs or undertakes development that is in violation of the act or that is inconsistent with a previously issued coastal development permit, and on a person who violates the act in any other manner. This bill would authorize, until January 1, 2019, the California Coastal Commission to impose upon a person who violates the act an administrative civil penalty by a majority vote of the commissioners, upon consideration of various factors, and in an amount not to exceed 75% of the maximum civil penalty that may be imposed in the superior court, as specified. The bill would require the penalty to be assessed for each day the violation persists, but for no more than 5 years. This bill would prohibit a person, as defined, 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 bill, in the event that a person who is assessed a penalty by the commission fails to pay the penalty, fails to comply with a restoration or cease and desist order, or challenges any of these actions in a court of law, would authorize the commission to maintain an action or otherwise engage in judicial proceedings to enforce those requirements and would authorize the court to grant relief, as specified. This bill 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 bill would prohibit the assessment of administrative penalties if the homeowner corrects the violations, as specified. The bill would specify that the repeal of the authority to impose a penalty would not terminate the authority of the commission to impose and collect an administrative penalty for a violation for which the commission commenced an enforcement proceeding on a date prior to the repeal date.

Bill Text

Action History

  1. Died in Conference Committee.

  2. Assembly refused to concur in Senate amendments. To Conference Committee. (Ayes 34. Noes 30. Page 3147.)

  3. Reconsideration granted. (Ayes 48. Noes 23. Page 3062.)

  4. Motion to reconsider made by Assembly Member Atkins.

  5. Assembly refused to concur in Senate amendments. (Ayes 36. Noes 32. Page 3044.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 17. Page 2190.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 2).

  14. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 2.) (June 25). Re-referred to Com. on JUD.

  15. Referred to Coms. on N.R. & W. and JUD.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 32. Page 1819.)

  18. Read third time and amended. Ordered to third reading. (Page 1653.)

  19. Read second time. Ordered to third reading.

  20. Read second time and amended. Ordered to second reading.

  21. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 8).

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 16). Re-referred to Com. on APPR.

  23. Re-referred to Com. on JUD.

  24. Read second time and amended.

  25. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 3.) (April 1).

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

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

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

  29. Read first time.

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

  31. Introduced. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 12 voted No

Sponsors (1)

  • Atkins

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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 976 ATKINS Concurrence in Senate Amendments

Failed 34 Yea · 30 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 3126014
Democratic 3100
Republican 0300
Total 3430014
% of votes cast 44%38%0%18%
How each member voted (78)
Member Party Vote
Achadjian — Not Voting
Alejo — Not Voting
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Nay
Buchanan — Not Voting
Harkey — Nay
Levine — Not Voting
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Nazarian — Yea
Pan — Yea
Perea — Not Voting
Quirk — Yea
Skinner — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Holden — Yea
Lowenthal — Yea
Atkins — Yea
Fong — Yea
Mitchell — Yea
Campos — Yea
Gatto — Yea
Gorell — Nay
Hagman — Nay
Hall — Yea
John A. Pérez — Yea
Jones-Sawyer — Yea
Allen — Nay
Logue — Nay
Gray — Nay
Medina — Yea
Melendez — Nay
Morrell — Nay
Mullin — Yea
Salas — Nay
Bigelow — Nay
Chau — Yea
Chesbro — Yea
Chávez — Nay
Cooley — Nay
Daly — Nay
Donnelly — Nay
Nestande — Nay
Olsen — Nay
Rendon — Yea
Wagner — Nay
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Bocanegra — Not Voting
Bonilla — Not Voting
Garcia — Not Voting
Conway — Nay
Gordon — Not Voting
Eggman — Not Voting
Dickinson — Yea
Fox — Not Voting
Frazier — Not Voting
Yamada — Yea
Gomez — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

AB 976 ATKINS Motion to Reconsider

Passed 48 Yea · 23 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 452006
Democratic 3001
Republican 0300
Total 482307
% of votes cast 62%29%0%9%
How each member voted (78)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Ammiano — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Jones-Sawyer — Yea
Linder — Nay
Logue — Yea
Mansoor — Nay
Pan — Yea
Quirk — Yea
Rendon — Yea
Weber — Yea
Williams — Yea
Gomez — Yea
Gordon — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Mitchell — Yea
Bonilla — Yea
Daly — Yea
Holden — Yea
Medina — Yea
Nazarian — Yea
Skinner — Yea
Frazier — Not Voting
Gorell — Nay
Bocanegra — Yea
John A. Pérez — Yea
Allen — Nay
Levine — Yea
Salas — Not Voting
Garcia — Not Voting
Maienschein — Nay
Melendez — Nay
Morrell — Nay
Mullin — Yea
Nestande — Nay
Campos — Yea
Olsen — Nay
Chau — Yea
Chesbro — Yea
Chávez — Nay
Conway — Nay
Cooley — Yea
Dickinson — Yea
Eggman — Not Voting
Perea — Yea
Ting — Yea
Wagner — Nay
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Donnelly — Nay
Fox — Not Voting
Gatto — Yea
Yamada — Yea
Hagman — Nay
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

AB 976 ATKINS Concurrence in Senate Amendments

Failed 36 Yea · 32 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 3328010
Democratic 3100
Republican 0300
Total 3632010
% of votes cast 46%41%0%13%
How each member voted (78)
Member Party Vote
Alejo — Not Voting
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Not Voting
Buchanan — Not Voting
Holden — Yea
Levine — Not Voting
Logue — Nay
Maienschein — Nay
Mansoor — Nay
Nestande — Nay
Wagner — Nay
Weber — Yea
Williams — Yea
Campos — Yea
Lowenthal — Yea
Atkins — Yea
Gatto — Yea
Fong — Yea
Mitchell — Yea
Chau — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Gorell — Nay
Hall — Yea
John A. Pérez — Yea
Harkey — Nay
Jones-Sawyer — Yea
Allen — Nay
Linder — Nay
Gray — Nay
Medina — Yea
Melendez — Nay
Morrell — Nay
Salas — Nay
Mullin — Yea
Chesbro — Yea
Bocanegra — Not Voting
Nazarian — Yea
Olsen — Nay
Bigelow — Nay
Chávez — Nay
Conway — Nay
Cooley — Nay
Daly — Nay
Dickinson — Yea
Donnelly — Nay
Eggman — Not Voting
Pan — Yea
Perea — Nay
Quirk — Yea
Rendon — Yea
Skinner — Yea
Ting — Yea
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Garcia — Not Voting
Achadjian — Not Voting
Fox — Not Voting
Frazier — Not Voting
Yamada — Yea
Hagman — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Nay
V. Manuel Pérez — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB976 Atkins Amend by Anderson Lay on Table

Passed 25 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 221202
Democratic 3000
Total 251202
% of votes cast 64%31%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Block — Yea
Hernandez — Yea
Hill — Yea
Lara — Yea
Steinberg — Not Voting
Emmerson — Nay
Evans — Yea
DeSaulnier — Yea
Wright — Yea
Galgiani — Yea
Corbett — Yea
Correa — Yea
Hueso — Yea
De León — Yea
Beall — Yea
Knight — Nay
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Wolk — Yea
Wyland — Nay
Hancock — Not Voting
Cannella — Nay
Huff — Nay
Nielsen — Nay
Vidak — Nay
Walters — Nay
Fuller — Nay
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

3rd Reading AB976 Atkins By De León

Passed 21 Yea · 17 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 191601
Democratic 2100
Total 211701
% of votes cast 54%44%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Hueso — Nay
Lara — Yea
Liu — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Cannella — Nay
Emmerson — Nay
Correa — Not Voting
Hancock — Yea
Leno — Yea
Lieu — Yea
De León — Yea
Monning — Yea
Corbett — Yea
Pavley — Yea
Roth — Yea
Knight — Nay
Nielsen — Nay
Wright — Nay
Wyland — Nay
Fuller — Nay
Huff — Nay
Torres — Nay
Vidak — Nay
Evans — Yea
DeSaulnier — Yea
Galgiani — Nay
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Nay
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 976 ATKINS Assembly Third Reading

Passed 42 Yea · 32 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 382604
Democratic 4201
Republican 0400
Total 423205
% of votes cast 53%41%0%6%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Nay
Buchanan — Not Voting
Jones-Sawyer — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Pan — Yea
Quirk — Yea
Ting — Yea
Weber — Yea
Stone — Yea
Lowenthal — Yea
Atkins — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Gonzalez — Yea
Gorell — Nay
John A. Pérez — Yea
Hall — Yea
Harkey — Nay
Levine — Yea
Gray — Nay
Logue — Nay
Medina — Yea
Melendez — Nay
Morrell — Nay
Salas — Nay
Ammiano — Yea
Chesbro — Yea
Chávez — Nay
Daly — Nay
Dickinson — Yea
Donnelly — Nay
Eggman — Nay
Mullin — Yea
Nazarian — Yea
Olsen — Nay
Perea — Nay
Rendon — Yea
Skinner — Yea
Wagner — Nay
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Williams — Yea
Bocanegra — Not Voting
Holden — Not Voting
Nestande — Nay
Conway — Nay
Cooley — Not Voting
Fox — Yea
Frazier — Yea
Yamada — Yea
Gordon — Yea
Hagman — Nay
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Not Voting
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

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
Ammiano — Yea
Bradford — Yea
Linder — Nay
Quirk — Yea
Gomez — Yea
Bocanegra — Yea
Hall — Yea
Harkey — Nay
Bigelow — Nay
Campos — Yea
Donnelly — Nay
Eggman — Yea
Pan — Yea
Wagner — Nay
Weber — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 976 do?
The California Coastal Act of 1976 requires a person undertaking development in the coastal zone to obtain a coastal development permit in accordance with prescribed procedures. Existing law authorizes the superior court to impose civil liability on a person who performs or undertakes development that is in violation of the act or that is inconsistent with a previously issued coastal development permit, and on a person who violates the act in any other manner. This bill would authorize, until January 1, 2019, the California Coastal Commission to impose upon a person who violates the act an administrative civil penalty by a majority vote of the commissioners, upon consideration of various factors, and in an amount not to exceed 75% of the maximum civil penalty that may be imposed in the superior court, as specified. The bill would require the penalty to be assessed for each day the violation persists, but for no more than 5 years. This bill would prohibit a person, as defined, 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 bill, in the event that a person who is assessed a penalty by the commission fails to pay the penalty, fails to comply with a restoration or cease and desist order, or challenges any of these actions in a court of law, would authorize the commission to maintain an action or otherwise engage in judicial proceedings to enforce those requirements and would authorize the court to grant relief, as specified. This bill 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 bill would prohibit the assessment of administrative penalties if the homeowner corrects the violations, as specified. The bill would specify that the repeal of the authority to impose a penalty would not terminate the authority of the commission to impose and collect an administrative penalty for a violation for which the commission commenced an enforcement proceeding on a date prior to the repeal date.
Who sponsors AB 976?
AB 976 is sponsored by Atkins, Mark Stone, DeSaulnier, and Jackson, Corey A. (Democratic).
What is the current status of AB 976?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 976?
Track AB 976 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 976

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 976

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →