Report 2018-120 Recommendation 12 Responses
Report 2018-120: San Francisco Bay Conservation and Development Commission: Its Failure to Perform Key Responsibilities Has Allowed Ongoing Harm to the San Francisco Bay (Release Date: May 2019)
Recommendation #12 To: San Francisco Bay Conservation and Development Commission
To ensure that it maximizes the efficiency and effectiveness of its enforcement and permitting programs, the commission should by January 2020 create a penalty calculation worksheet. The commission should require the worksheet's use for all enforcement actions that will result in fines or penalties, and it should create formal policies, procedures, and criteria to provide staff with guidance on applying the worksheet.
Annual Follow-Up Agency Response From November 2022
No updates, fully implemented in 2020.
- Completion Date: May 2020
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
The Office of Administrative Law approved new regulations created by the commission that address this recommendation.
Annual Follow-Up Agency Response From November 2022
Fully implemented. The revised enforcement regulations were approved by OAL and filed with the Secretary of State on June 7, 2022, and went into effect on October 1, 2022. They include "Appendix J.
- Completion Date: October 2022
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
The Office of Administrative Law approved new regulations created by the commission that address this recommendation.
Annual Follow-Up Agency Response From October 2021
Office of Administrative Law approval is pending. During four Enforcement Committee meetings in 2019, the Enforcement Committee reviewed and discussed several elements of an administrative penalty policy to address the calculation of penalties consistent with section 66641.9 of the McAteer-Petris Act. The Commission approved the initiation of a rulemaking process that included a new Administrative Civil Penalty Policy, and after completion of this process, adopted by vote new enforcement regulations, including a penalty calculation worksheet. In May 2021 the revised regulations were submitted to the Office of Administrative law for approval.
- Estimated Completion Date: December 2021
California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented
Updated regulations are under review by the Office of Administrative Law. The Commission has created an administrative civil penalty policy to assist it in implementing the regulations once approved.
Annual Follow-Up Agency Response From October 2020
During four Enforcement Committee meetings in 2019, the Enforcement Committee reviewed and discussed several elements of an administrative penalty policy to address the calculation of penalties consistent with Section 66641.9 of the McAteer-Petris Act. The Commission approved the initiation of a rulemaking process that will include the addition of a new Administrative Civil Penalty Policy, which will be added as an appendix to the Chapter 13 enforcement regulations and which includes a penalty calculation worksheet. BCDC estimates that the process will conclude by approximately April 2021.
- Estimated Completion Date: May 2021
California State Auditor's Assessment of Annual Follow-Up Status: Pending
1-Year Agency Response
During the Enforcement Committee meetings in August and September, staff sought guidance on several elements of a penalty calculation policy. Staff is developing a new penalty policy and guidance on penalty calculations and will be presenting a draft outline to the Committee in the next couple of months. Following Enforcement Committee approval, a policy will be presented to the full Commission. Rulemaking will also be initiated, as appropriate.
- Estimated Completion Date: September 2020
- Response Date: May 2020
California State Auditor's Assessment of 1-Year Status: Pending
6-Month Agency Response
During the Enforcement Committee meetings in August and September, staff sought guidance on several elements of a penalty policy. Staff is developing a new penalty policy and guidance on penalty calculations and aim to present a draft outline to the Committee by the end of 2019.
- Estimated Completion Date: February 2020
- Response Date: November 2019
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
In the twice-monthly Enforcement Committee meetings, staff and the Committee are reviewing the penalty policies and matrices of other agencies and working on developing a penalty policy or matrix and guidance on penalty calculations.
- Estimated Completion Date: 02/01/2020
- Response Date: July 2019
California State Auditor's Assessment of 60-Day Status: Pending
All Recommendations in 2018-120
Agency responses received are posted verbatim.