Assembly Bill No. 2809 CHAPTER 220 An act to add Section 66640.1 to the Government Code, and to amend Section 29422 of the Public Resources Code, relating to conservation. [ Approved by Governor September 28, 2020. Filed with Secretary of State September 28, 2020. ] LEGISLATIVE COUNSEL'S DIGESTAB 2809, Mullin. San Francisco Bay Conservation and Development Commission: Suisun Marsh Preservation Act of 1977.(1) Existing law sets forth a comprehensive plan for the conservation of the waters of the San Francisco Bay and the development of its shoreline and delegates to the San Francisco Bay Conservation and Development Commission authority to implement the plan. Existing law requires any person or governmental agency wishing to place fill, to extract materials, or to make any substantial change in the use of any water, land, or structure within the shoreline and body of the bay to, among other things, secure a permit from the commission, which has authority to impose permit conditions and civilly enforce permit requirements, as prescribed.This bill would require, by the end of the 202021 fiscal year, that the commission create and implement a procedure to provide managerial review of staff decisions in enforcement cases, timelines for resolving enforcement cases, a penalty matrix for assessing fines and civil penalties, and a method for assessing civil penalties in cases involving multiple violations.(2) Existing law, the Suisun Marsh Preservation Act of 1977, sets forth a comprehensive plan for the preservation and protection of the Suisun Marsh. The act delegates to the commission the primary state responsibility for the implementation of the act, including review at least once every 5 years, of a certified local protection program for Suisun Marsh, as prescribed. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with the act, existing law requires the commission to submit recommendations of corrective actions to certain local government entities, as specified. Existing law requires the affected local government entities to review the commissions recommendations and, if they do not take the commissions recommended actions within one year, to forward to the commission a report setting forth reasons for not taking the recommended actions, which the commission must then review and, where appropriate, report to the Legislature, as prescribed.This bill would require the commission to perform and complete the required review of the local protection program by no later than July 1, 2025, and to perform successive reviews under the act at least once every 5 years.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 66640.1 is added to the Government Code, to read:66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.(d) A method for assessing civil penalties in cases involving multiple violations.SEC. 2. Section 29422 of the Public Resources Code is amended to read:29422. (a) The commission shall, by no later than July 1, 2025, and at least once every five years thereafter, review the certified local protection program, and each component of the program, to determine whether the program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. The recommendations may include recommended amendments to the local protection program or any component of the program.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of the submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review the report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
Assembly Bill No. 2809 CHAPTER 220 An act to add Section 66640.1 to the Government Code, and to amend Section 29422 of the Public Resources Code, relating to conservation. [ Approved by Governor September 28, 2020. Filed with Secretary of State September 28, 2020. ] LEGISLATIVE COUNSEL'S DIGESTAB 2809, Mullin. San Francisco Bay Conservation and Development Commission: Suisun Marsh Preservation Act of 1977.(1) Existing law sets forth a comprehensive plan for the conservation of the waters of the San Francisco Bay and the development of its shoreline and delegates to the San Francisco Bay Conservation and Development Commission authority to implement the plan. Existing law requires any person or governmental agency wishing to place fill, to extract materials, or to make any substantial change in the use of any water, land, or structure within the shoreline and body of the bay to, among other things, secure a permit from the commission, which has authority to impose permit conditions and civilly enforce permit requirements, as prescribed.This bill would require, by the end of the 202021 fiscal year, that the commission create and implement a procedure to provide managerial review of staff decisions in enforcement cases, timelines for resolving enforcement cases, a penalty matrix for assessing fines and civil penalties, and a method for assessing civil penalties in cases involving multiple violations.(2) Existing law, the Suisun Marsh Preservation Act of 1977, sets forth a comprehensive plan for the preservation and protection of the Suisun Marsh. The act delegates to the commission the primary state responsibility for the implementation of the act, including review at least once every 5 years, of a certified local protection program for Suisun Marsh, as prescribed. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with the act, existing law requires the commission to submit recommendations of corrective actions to certain local government entities, as specified. Existing law requires the affected local government entities to review the commissions recommendations and, if they do not take the commissions recommended actions within one year, to forward to the commission a report setting forth reasons for not taking the recommended actions, which the commission must then review and, where appropriate, report to the Legislature, as prescribed.This bill would require the commission to perform and complete the required review of the local protection program by no later than July 1, 2025, and to perform successive reviews under the act at least once every 5 years.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Assembly Bill No. 2809 CHAPTER 220
Assembly Bill No. 2809
CHAPTER 220
An act to add Section 66640.1 to the Government Code, and to amend Section 29422 of the Public Resources Code, relating to conservation.
[ Approved by Governor September 28, 2020. Filed with Secretary of State September 28, 2020. ]
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2809, Mullin. San Francisco Bay Conservation and Development Commission: Suisun Marsh Preservation Act of 1977.
(1) Existing law sets forth a comprehensive plan for the conservation of the waters of the San Francisco Bay and the development of its shoreline and delegates to the San Francisco Bay Conservation and Development Commission authority to implement the plan. Existing law requires any person or governmental agency wishing to place fill, to extract materials, or to make any substantial change in the use of any water, land, or structure within the shoreline and body of the bay to, among other things, secure a permit from the commission, which has authority to impose permit conditions and civilly enforce permit requirements, as prescribed.This bill would require, by the end of the 202021 fiscal year, that the commission create and implement a procedure to provide managerial review of staff decisions in enforcement cases, timelines for resolving enforcement cases, a penalty matrix for assessing fines and civil penalties, and a method for assessing civil penalties in cases involving multiple violations.(2) Existing law, the Suisun Marsh Preservation Act of 1977, sets forth a comprehensive plan for the preservation and protection of the Suisun Marsh. The act delegates to the commission the primary state responsibility for the implementation of the act, including review at least once every 5 years, of a certified local protection program for Suisun Marsh, as prescribed. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with the act, existing law requires the commission to submit recommendations of corrective actions to certain local government entities, as specified. Existing law requires the affected local government entities to review the commissions recommendations and, if they do not take the commissions recommended actions within one year, to forward to the commission a report setting forth reasons for not taking the recommended actions, which the commission must then review and, where appropriate, report to the Legislature, as prescribed.This bill would require the commission to perform and complete the required review of the local protection program by no later than July 1, 2025, and to perform successive reviews under the act at least once every 5 years.
(1) Existing law sets forth a comprehensive plan for the conservation of the waters of the San Francisco Bay and the development of its shoreline and delegates to the San Francisco Bay Conservation and Development Commission authority to implement the plan. Existing law requires any person or governmental agency wishing to place fill, to extract materials, or to make any substantial change in the use of any water, land, or structure within the shoreline and body of the bay to, among other things, secure a permit from the commission, which has authority to impose permit conditions and civilly enforce permit requirements, as prescribed.
This bill would require, by the end of the 202021 fiscal year, that the commission create and implement a procedure to provide managerial review of staff decisions in enforcement cases, timelines for resolving enforcement cases, a penalty matrix for assessing fines and civil penalties, and a method for assessing civil penalties in cases involving multiple violations.
(2) Existing law, the Suisun Marsh Preservation Act of 1977, sets forth a comprehensive plan for the preservation and protection of the Suisun Marsh. The act delegates to the commission the primary state responsibility for the implementation of the act, including review at least once every 5 years, of a certified local protection program for Suisun Marsh, as prescribed. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with the act, existing law requires the commission to submit recommendations of corrective actions to certain local government entities, as specified. Existing law requires the affected local government entities to review the commissions recommendations and, if they do not take the commissions recommended actions within one year, to forward to the commission a report setting forth reasons for not taking the recommended actions, which the commission must then review and, where appropriate, report to the Legislature, as prescribed.
This bill would require the commission to perform and complete the required review of the local protection program by no later than July 1, 2025, and to perform successive reviews under the act at least once every 5 years.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 66640.1 is added to the Government Code, to read:66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.(d) A method for assessing civil penalties in cases involving multiple violations.SEC. 2. Section 29422 of the Public Resources Code is amended to read:29422. (a) The commission shall, by no later than July 1, 2025, and at least once every five years thereafter, review the certified local protection program, and each component of the program, to determine whether the program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. The recommendations may include recommended amendments to the local protection program or any component of the program.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of the submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review the report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 66640.1 is added to the Government Code, to read:66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.(d) A method for assessing civil penalties in cases involving multiple violations.
SECTION 1. Section 66640.1 is added to the Government Code, to read:
### SECTION 1.
66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.(d) A method for assessing civil penalties in cases involving multiple violations.
66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.(d) A method for assessing civil penalties in cases involving multiple violations.
66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.(b) Timelines for resolving enforcement cases.(c) A penalty matrix for assessing fines and civil penalties.(d) A method for assessing civil penalties in cases involving multiple violations.
66640.1. The commission shall create and implement all of the following by the end of the 202021 fiscal year:
(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.
(b) Timelines for resolving enforcement cases.
(c) A penalty matrix for assessing fines and civil penalties.
(d) A method for assessing civil penalties in cases involving multiple violations.
SEC. 2. Section 29422 of the Public Resources Code is amended to read:29422. (a) The commission shall, by no later than July 1, 2025, and at least once every five years thereafter, review the certified local protection program, and each component of the program, to determine whether the program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. The recommendations may include recommended amendments to the local protection program or any component of the program.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of the submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review the report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
SEC. 2. Section 29422 of the Public Resources Code is amended to read:
### SEC. 2.
29422. (a) The commission shall, by no later than July 1, 2025, and at least once every five years thereafter, review the certified local protection program, and each component of the program, to determine whether the program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. The recommendations may include recommended amendments to the local protection program or any component of the program.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of the submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review the report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
29422. (a) The commission shall, by no later than July 1, 2025, and at least once every five years thereafter, review the certified local protection program, and each component of the program, to determine whether the program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. The recommendations may include recommended amendments to the local protection program or any component of the program.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of the submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review the report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
29422. (a) The commission shall, by no later than July 1, 2025, and at least once every five years thereafter, review the certified local protection program, and each component of the program, to determine whether the program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. The recommendations may include recommended amendments to the local protection program or any component of the program.(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of the submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review the report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.
29422. (a) The commission shall, by no later than July 1, 2025, and at least once every five years thereafter, review the certified local protection program, and each component of the program, to determine whether the program is being effectively implemented in conformity with the policies of this division. If the commission determines that the certified local protection program, or any component of the program, is not being carried out in conformity with this division or the protection plan, it shall submit to the affected local government or district, or the Solano County Local Agency Formation Commission if affected, recommendations of corrective actions that should be taken. The recommendations may include recommended amendments to the local protection program or any component of the program.
(b) Recommendations submitted pursuant to this section shall be reviewed by the affected local government or district, or the Solano County Local Agency Formation Commission if affected, and, if the recommended action is not taken, the local government, district, or the Solano County Local Agency Formation Commission shall, within one year of the submission, forward to the commission a report setting forth its reasons for not taking the recommended action. The commission shall review the report and, where appropriate, report to the Legislature and recommend legislative action necessary to assure effective implementation of the relevant policy of this division.