Public lands: State Lands Commission: violations.

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 under the commission's jurisdiction, unless all necessary easements, leases, permits, and other instruments required by law that authorize the construction, design, placement, maintenance, ownership, use, or possession of the structure or facility have been obtained. This bill would establish a civil penalty or fee 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 assessed a monthly use and occupancy fee that is not more than 60% higher than the full fair market rental for each day that a violation occurs. The bill would state criteria for determining the appropriate penalty or fee. 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 and fee. The bill, among other things, also would establish procedures to enjoin such activity, remove a violating structure or facility, and serve notice of any violation.