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CA AB2664

Bill

Status

Vetoed

9/25/2010

Primary Sponsor

Wesley Chesbro

Click for details

Origin

State Assembly

2009-2010 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Appropriations6/9/2010
Rules5/17/2010
Appropriations4/20/2010
Judiciary4/13/2010
Natural Resources3/18/2010

Full Bill Text

No bill text available