Coastal Commission Bills Squashed
REAL ESTATE LEGISLATION
September 18th, 2009
The California Coastal Commission had two bills pending that would have greatly expanded their powers over development including projects far from the coastal environment. The California Association of Realtors (CAR) have fought these bills and won, for now.
AB 226 proposed to expand the Coastal Commission’s authority to levy its own civil penalties instead of pursuing fines and penalties through courts. This bill, according to our lobbyists, “would give the Commission the power to be judge, jury and executioner” avoiding the due process allowed by existing laws. The bill failed passage in this first year of a two-year legislative session.
AB 291 would have allowed the Coastal Commission to halt permit application processing for “violations that have no relationship between the application and the existing violation on the parcel in question”. Both bills have been placed by their authors in the “inactive file” but can be revived next year.
Other bills which CAR opposed include:
- AB 827-a bill that would have allowed county recorders to charge a $3 per property-related document to fund archival services. What this bill really does is open the door for bill sponsors to circumvent local voters by calling this a fee instead of what it really is-a new tax. Without opposition, this could develop into a trend to tax property-related services to secure funding for a wide range of local government expenditures.
- SB 407-a point-of-sale mandate that would have required sellers retrofit their property with low-flush toilets, shower heads and faucets. The bill was amended dropping the point-of-sale mandate. CAR removed its opposition and the bill passed and now sits on the governor’s desk awaiting signature. The bill now would apply to all properties in California-requiring water saving retrofits by 2017.
- AB 758-another point-of-sale mandate requiring energy audits of all property being sold. The bill was amended “ensuring home energy audits or improvements will not adversely affect real property transactions and offers programs for cost-effective energy efficiency improvements for existing buildings”.
- SB 183-Yet another point-of-sale retrofit bill requiring installation of carbon monoxide detectors. The bill has been amended eliminating the point-of-sale requirement, delaying the deadline for implementation and adding language to the Transfer Disclosure statement regarding these safety devices. A final vote on this bill will take place when legislators reconvene in January.
Nearly a decade ago the Coastal Commission pushed a ballot initiative that in part required the state to adopt statewide septic regulations. Those regulations met stiff opposition during public forums held across the state in recent months. The regulations are under review and time will tell what the final regulations will require.
Realtors are now focused on lobbying for the continuation and expansionof the federal Homebuyer Tax Credit which is scheduled to expire at the end of November.
530-224-6767 or 530-941-7492
BRAD GARBUTT
REALTOR/BROKER ASSOCIATE
REAL ESTATE PROFESSIONALS GMAC
CORNER OF COURT AND PLACER IN REDDING
QUARTER CENTURY LOCAL REAL ESTATE EXPERIENCE
Mr. Garbutt, the Coastal Commission’s jurisdictional area would not be changed by either bill. Your statement that AB291 and 226 would, “have greatly expanded their powers over development including projects far from the coastal environment” is incorrect. It’s a shame that the CA real estate industry doesn’t understand the importance of the coastal protection and preservation that the Coastal Commission provides.