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 that is under the commission's jurisdiction and owned by the state, without first obtaining all necessary easements, leases, or permits from the commission that authorize the construction, design, placement, maintenance, ownership, use, or possession of the structure or facility, except for specified facilities owned by an electrical corporation, as defined, or a gas corporation, as defined. This bill would establish a civil penalty 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 an amount that is not more than 60% higher than the full fair market rental for each month that a violation occurs, as specified. The bill would state criteria for determining the appropriate penalty. 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. The bill, among other things, also would establish procedures to enjoin such activity, remove a violating structure or facility, serve notice of any violation, and conduct an administrative hearing on the violation, as prescribed. The bill would exempt certain persons from the bill's prohibitions and would authorize the commission to adopt regulations to carry out its provisions.