Report 2018-120 Recommendation 23 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 #23 To: San Francisco Bay Conservation and Development Commission
To ensure consistency in its enforcement program, the commission should by January 2021 create and implement regulations to allow it to use limited monetary fines to resolve selected minor violations that do not involve substantial harm to the Bay.
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 revisions to the regulations governing standardized fines, designed to correct ambiguity and enhance transparency in the standardized fine process.
- Completion Date: October 2022
California State Auditor's Assessment of Annual Follow-Up Status: Pending
The commission indicated that it has fully implemented this recommendation; however, when we contacted them, they did not support how their new regulations specifically implement this recommendation.
- Auditee did not substantiate its claim of full implementation
Annual Follow-Up Agency Response From October 2021
Office of Administrative Law approval is pending. The Commission adopted amendments to its enforcement regulations, including the regulations governing standardized fines, and submitted the changes in May 2021 to the Office of Administrative Law for approval. The revisions are designed to correct ambiguity and enhance transparency in the standardized fine process.
- Completion Date: January 2020
California State Auditor's Assessment of Annual Follow-Up Status: Pending
- Auditee did not substantiate its claim of full implementation
- Auditee did not address all aspects of the recommendation
Annual Follow-Up Agency Response From October 2020
Staff discussed with the Enforcement Committee the existing standardized fines regulations in section 11386 and the current system for managing cases that do not involve substantial harm to the Bay. The Committee concurred with staff that the existing standardized fine regulations establish an adequate process for assessing limited fines for violations that do not result involve significant harm to the Bay or public access and that there is no need to create new regulations to do this. The rulemaking that the Commission has agreed to initiate will also include revisions to the standardized fine regulations that the Commission is proposing to add clarity to the regulations and improve the standardized fine process.
- Completion Date: January 2020
California State Auditor's Assessment of Annual Follow-Up Status: Pending
The Commission has indicated that its existing standardized fine regulations are adequate for assessing limited fines, however these regulations were applied, and contributed in part to the commission's existing backlog during our review. We look forward to reviewing the amendments the Commission indicates it intends to make related to its Standardized fine process.
- Auditee did not address all aspects of the recommendation
1-Year Agency Response
Staff discussed with the Enforcement Committee the existing standardized fines regulations in section 11386 and the current system for managing cases that do not involve substantial harm to the Bay. Staff have reviewed the regulations and implemented procedural improvements to maximize the efficiency of the process for resolving minor violations. BCDC will possibly revise the regulations as part of a comprehensive rulemaking. In the meantime, staff are using the regulations and the improved process and criteria set forth in section 11386 to resolve cases that do not involve substantial harm to the Bay.
- Completion Date: January 2020
- Response Date: May 2020
California State Auditor's Assessment of 1-Year Status: Pending
Our recommendation was for the Commission to implement additional regulations to allow the more timely handling of selected low impact violations. While the commission has taken some steps to address the timely handling of cases it has not yet created additional regulations to ensure that minor violations can be more rapidly and consistently closed.
- Auditee did not substantiate its claim of full implementation
6-Month Agency Response
Staff discussed with the Enforcement Committee the existing standardized fines regulations and the current system for managing cases that do not involve substantial harm to the Bay. Staff will continue to review the regulations, and, as appropriate, will work with the Commission on any regulatory changes deemed necessary to resolve minor violations more efficiently.
- Estimated Completion Date: January 2021
- Response Date: November 2019
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
Staff is reviewing the standardized fines regulations and current case management system, with oversight from the Enforcement Committee, in order to determine whether changes are necessary to resolve minor violations more efficiently.
- Estimated Completion Date: 01/01/2021
- 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.