Report 2018-120 Recommendation 22 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 #22 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 that define substantial harm, provide explicit criteria for calculating the number of violations present in individual enforcement cases, and specify a process to handle any necessary exceptions to the criteria.
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, including a definition of "significant harm to the Bay's resources or to existing or future public access."
- Completion Date: October 2022
California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented
The commission indicates that it has fully implemented this recommendation, and it's new regulations do define substantial harm. However, when we followed up with commission staff to determine if the other elements of the recommendation were fully implemented, they did not substantiate their proposed rating with additional information.
- 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 2021
Office of Administrative Law approval is pending. In October 2019, the Enforcement Committee discussed and approved a proposed definition of significant harm and, in October 2020, the Commission approved the initiation of a rulemaking process. In April 2021, the Commission approved the content of the regulatory amendment, which was subsequently submitted to the Office of Administrative Law in May 2021 for approval. In October 2019, and again in March and May 2020, the Enforcement Committee was also briefed on staff's proposed criteria for delineating the number of violations in cases involving multiple instances of unauthorized conduct.
- Estimated Completion Date: December 2021
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Annual Follow-Up Agency Response From October 2020
In October 2019, the Enforcement Committee discussed and approved a proposed definition of significant harm, and in October 2020, the Commission approved the initiation of a rulemaking process that will include the addition of a new definition of significant harm in BCDC's Chapter 13 enforcement regulations. In October 2019, and again in March and May 2020, the Enforcement Committee was also briefed on staff's proposed criteria for delineating the number of violations in cases involving multiple instances of unauthorized conduct, and staff are continuing to refine these criteria.
- Estimated Completion Date: May 2021
California State Auditor's Assessment of Annual Follow-Up Status: Pending
1-Year Agency Response
In October, the Enforcement Committee discussed and approved a proposed definition of substantial harm. Additional steps are required to formalize the definition in BCDC's regulations. In October 2019, and again in March and May 2020, the Enforcement Committee was also briefed on staff's proposed criteria for delineating the number of violations in cases involving multiple instances of unauthorized conduct. Staff is working to incorporate the Committee's input and finalize written criteria based on the input.
- Estimated Completion Date: January 2021
- Response Date: May 2020
California State Auditor's Assessment of 1-Year Status: Pending
6-Month Agency Response
Not Fully Implemented. In October, the Enforcement Committee discussed and approved a proposed definition of substantial harm. Additional steps are required to formalize the definition in BCDC's regulations. In October, the Enforcement Committee was also briefed on staff's proposed criteria for delineating the number of violations in cases involving multiple instances of unauthorized conduct. Staff is working to incorporate the Committee's input and develop guidance or criteria based on the input.
- Estimated Completion Date: January 2021
- Response Date: November 2019
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
The Enforcement Committee will be discussing the definition of substantial harm and calculation of violations at upcoming meetings. At those meetings, the Committee will explore regulatory changes that may be necessary and additional actions that could be taken in the short term.
- 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.