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CA AB2664
Bill
Status
9/25/2010
Primary Sponsor
Wesley Chesbro
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AI Summary
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Prohibits constructing, placing, maintaining, owning, using, or possessing structures or facilities on State Lands Commission jurisdiction without obtaining all required easements, leases, permits, and other legal authorizations.
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Violators subject to civil penalty of up to $1,000 per day or monthly use and occupancy fee up to 60% higher than fair market rental, with the commission considering factors including physical extent, culpability, cooperation, and environmental impact when determining appropriate penalty.
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Grants the State Lands Commission authority to enjoin violations, require removal of structures at violator's expense, take ownership of structures as fixtures, and recover removal costs through liens; allows the Attorney General to pursue civil action with attorney's fees awarded if the state prevails.
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Requires the commission to provide 30-day notice with hearing information before imposing administrative remedies, with service permitted by registered mail and posting on the violating structure.
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Exempts telegraph, telephone, and franchised cable television corporations from penalties and fees for their use of poles, conduits, cables, wires, and associated equipment; provides six-month cure period for existing violations as of the bill's enactment without penalty if remedied or lease application completed.
Legislative Description
Public lands: State Lands Commission: violations.
Last Action
Vetoed by Governor.
9/25/2010