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GC Sec 66630-66648 POWERS AND DUTIES OF THE COMMISSION
66630. The commission shall make a continuing review of all the
matters referred to in Section 66603 and Section 66651.
66631. In making the review, the commission shall cooperate to the
fullest extent possible with the Association of Bay Area Governments;
and shall, to the fullest extent possible, coordinate its planning
with planning by local agencies, which shall retain the
responsibility for local land use planning. To avoid duplication of
work, the commission shall make maximum use of data and information
available from the planning programs of the State Office of Planning
and Research, the Association of Bay Area Governments, the San
Francisco Bay Regional Water Quality Control Board, the cities and
counties in the San Francisco Bay area, and other public and private
66632. (a) Any person or governmental agency wishing to place fill,
to extract materials, or to make any substantial change in use of
any water, land or structure, within the area of the commission's
jurisdiction shall secure a permit from the commission and, if
required by law or by ordinance, from any city or county within which
any part of the work is to be performed. For purposes of this
title, "fill" means earth or any other substance or material,
including pilings or structures placed on pilings, and structures
floating at some or all times and moored for extended periods, such
as houseboats and floating docks. For the purposes of this section
"materials" means items exceeding twenty dollars ($20) in value.
(b) The commission shall establish reasonable requirements to
assure that sufficient information is provided by permit applicants
to allow the commission to act on the applications. The requirements
shall include measures to assure that the city or county which has
jurisdiction over a project may consider and act on all matters
regarding the project that involve a discretionary approval before
the commission acts on an application. The city or county shall
fully inform the commission on any such matters and the actions
taken. The commission shall give full consideration to that
information in its application review.
(c) The commission may require a reasonable filing fee and
reimbursement of expenses for processing and investigating a permit
application from all applicants before the commission, including
government agencies notwithstanding Section 6103.
(d) The commission shall prescribe the form and contents of
applications for permits. Among other things, an application for a
permit shall set forth all public improvements and public utility
facilities which are necessary or incidental to the proposed project
and the names and mailing addresses of all public agencies or public
utilities who will have ownership or control of the public
improvements or public utility facilities if the permit is granted
and the project is constructed. The executive director shall give
written notice of the filing of the application to all such public
agencies and public utilities. If the commission grants a permit for
a project, the permit shall include all public improvements and
public utility facilities which are necessary or incidental to the
(e) Upon the filing of an application for a permit by the
commission, the commission shall transmit a copy thereof to the San
Francisco Bay Regional Water Quality Control Board. Within 30 days,
the regional board shall file a report with the commission indicating
the effect of the proposed project on water quality within the bay.
(f) The commission shall take action upon an application for a
permit, either denying or granting the permit, within 90 days after
it files the application. The permit shall be automatically granted
if the commission shall fail to take specific action either denying
or granting the permit within the time period specified in this
section. A permit shall be granted for a project if the commission
finds and declares that the project is either (1) necessary to the
health, safety or welfare of the public in the entire bay area, or
(2) of such a nature that it will be consistent with the provisions
of this title and with the provisions of the San Francisco Bay Plan
then in effect. To effectuate those purposes, the commission may
grant a permit subject to reasonable terms and conditions including
the uses of land or structures, intensity of uses, construction
methods and methods for dredging or placing of fill. Thirteen
affirmative votes of members of the commission are required to grant
a permit. Neither of the federal representatives who are members of
the commission may vote on whether or not a permit shall be granted.
Pursuant to this title, the commission may provide by regulation,
adopted after public hearing, for the issuance of permits by the
executive director, without compliance with the above procedure, in
cases of emergency, or for minor repairs to existing installations or
minor improvements made anywhere within the area of jurisdiction of
the commission including, without limitation, the installation of
piers and pilings and maintenance dredging of navigation channels.
The commission may also adopt after public hearing such additional
regulations as it deems reasonable and necessary to enable it to
carry out its functions efficiently and equitably, including
regulations classifying the particular water-oriented uses referred
to in Section 66602 and 66605.
(g) If the commission denies the permit, the applicant may submit
another application for the permit directly to the commission after
90 days from the date of the denial.
(h) Any project authorized pursuant to this section shall be
commenced, performed and completed in compliance with the provisions
of all permits granted or issued by the commission and by any city or
(i) Any action, or proceeding to contest or question the
commission's denial of a permit application, or conditions attached
to approval of a permit application, must be commenced in the
appropriate court within 90 days following the date of that action by
(j) Any person who places fill, extracts materials, or makes any
substantial change in the use of any water, land, or structure within
the area of the commission's jurisdiction without securing a permit
from the commission as required by this title is guilty of a
66632.1. Nothing in this title shall apply to any project where
necessary local governmental approval and a Department of the Army
Corps of Engineers permit have been obtained to allow commencement of
the diking or filling process, and where such diking or filling
process has commenced prior to the effective date of this title, nor
to the continuation of dredging under existing Department of the Army
Corps of Engineers permits.
66632.2. (a) The owner or operator of any public service facilities
need not obtain a permit from the commission for the construction
within or upon any public highway or street of any public service
facilities to provide service to persons or property located within
the area of the commission's jurisdiction. The public service
facilities referred to in this subdivision shall be limited to those
which are necessary for and are customarily used to provide direct
and immediate service to the persons or property requiring that
(b) The owner or operator of public service facilities or a public
street or road located anywhere within the area of the commission's
jurisdiction may, without first obtaining a permit from the
commission, make emergency repairs to those facilities as may be
necessary to maintain service if the emergency requires repairs
before an emergency permit can be obtained under subdivision (f) of
Section 66632 and if that notification is given to the commission not
later than the first working day following the undertaking.
(c) "Public service facilities," as used in this section, means
any facilities used or intended to be used to provide water, gas,
electric, or communications service and any pipelines, and
appurtenant facilities, for the collection or transmission of sewage,
flood or storm waters, petroleum, gas, or any liquid or other
(d) Any agency that intends to undertake, carry out, or approve an
emergency project to maintain, repair, or restore an existing
highway, as defined in Section 360 of the Vehicle Code, except for a
highway designated as an official state scenic highway pursuant to
Section 262 of the Streets and Highways Code, within the existing
right-of-way of the highway, damaged as a result of fire, flood,
storm, earthquake, land subsidence, gradual earth movement, or
landslide, within one year of the damage, need not obtain a permit
from the commission, if notification is given to the commission not
later than the first working day following the commencement of the
undertaking or action. This subdivision does not exempt from this
section any agency that is required to obtain from the commission a
permit to undertake, carry out, or approve a project to expand or
widen a highway damaged by fire, flood, storm, earthquake, land
subsidence, gradual earth movement, or landslide.
66632.4. Within any portion or portions of the shoreline band that
are located outside the boundaries of water-oriented priority land
uses, as fixed and established pursuant to Section 66611, the
commission may deny an application for a permit for a proposed
project only on the grounds that the project fails to provide maximum
feasible public access, consistent with the proposed project, to the
bay and its shoreline. When considering whether a project provides
maximum feasible public access in areas of sensitive habitat,
including tidal marshlands and mudflats, the commission shall, after
consultation with the Department of Fish and Game, and using the best
available scientific evidence, determine whether the access is
compatible with wildlife protection in the bay.
66633. The commission may:
(a) Accept grants, contributions, and appropriations from any
public agency, private foundation, or individual.
(b) Appoint committees from its membership and appoint advisory
committees from other interested public and private groups.
(c) Contract for or employ any professional services required by
the commission or for the performance of work and services which in
its opinion cannot satisfactorily be performed by its officers and
employees or by other federal, state, or local governmental agencies.
(d) Sue and be sued in all actions and proceedings and in all
courts and tribunals of competent jurisdiction, including prohibitory
and mandatory injunctions to restrain violations of this title.
(e) Do any and all other things necessary to carry out the
purposes of this title.
66633.1. The Legislature finds and declares that because the San
Francisco Bay Conservation and Development Commission must rely on
the expertise provided by volunteer members of advisory boards to
make decisions which relate to the public safety, members of the
advisory boards should be entitled to the same immunity from
liability provided commission members and other public employees.
Members of the advisory bodies appointed pursuant to Sections
66633 and 66636 while performing duties required by this title or by
the commission shall be entitled to the same rights and immunities
granted public employees by Article 3 (commencing with Section 820)
of Chapter 1 of Part 2 of Division 3.6 of Title 1. Those rights and
immunities are deemed to have attached and shall attach as of the
date of appointment of a member to the advisory body. This provision
shall apply to members appointed to the Engineering Criteria Review
Board (14 Cal. Adm. Code 10298), the Design Review Board (14 Cal.
Adm. Code 10295), and any other advisory bodies created pursuant to
Sections 66633 and 66636.
66634. The commission shall, in addition to any funds which the
Legislature may appropriate for planning activities of the
commission, take whatever steps are necessary to attempt to obtain
money available of such planning activities from any federal, state,
or local sources.
66635. The commission shall appoint an executive director who shall
have charge of administering the affairs of the commission, subject
to the direction and policies of the commission. The executive
director shall, subject to approval of the commission, appoint such
employees as may be necessary in order to carry out the functions of
66636. Within a reasonable time, but not to exceed one year from
the date of the first meeting of the commission, the chairman of the
commission, in collaboration with and with the concurrence of the
commission, shall appoint a citizens' advisory committee to assist
and advise the commission in carrying out its functions. The
advisory committee shall consist of not more than 20 members.
At least one member of the advisory committee shall be a
representative of a public agency having jurisdiction over harbor
facilities, and another shall represent a public agency having
jurisdiction over airport facilities. The advisory committee shall
also include representatives of conservation and recreation
organizations, and at least one biologist, one sociologist, one
geologist, one architect, one landscape architect, one representative
of an industrial development board or commission, and one owner of
privately held lands within the San Francisco Bay as defined in
66637. (a) When the executive director determines that a person or
governmental agency has undertaken, or is threatening to undertake,
an activity that (1) may require a permit from the commission without
securing a permit; or (2) may be inconsistent with a permit
previously issued by the commission, the executive director may issue
an order directing that person or governmental agency to cease and
(b) A cease and desist order issued by the executive director may
be subject to the terms and conditions that the executive director
may determine are necessary to ensure compliance with this title,
including the immediate removal of any fill or other material where
that removal is necessary to avoid irreparable injury to an area
within the jurisdiction of the commission pending action by the
commission under Section 66638.
(c) A cease and desist order issued by the executive director
shall become null and void 90 days after issuance.
(d) A cease and desist order issued by the executive director
shall be effective upon the issuance thereof, and copies shall be
served forthwith by certified mail upon the person or governmental
agency being charged with the actual or threatened violation of this
title. A copy of the cease and desist order shall also be sent by
certified mail to the owner of the property on which the violation
66638. (a) When the commission, after public hearing, determines
that a person or governmental agency has undertaken, or is
threatening to undertake, an activity that (1) requires a permit from
the commission without securing a permit, or (2) is inconsistent
with a permit previously issued by the commission, the commission may
issue an order requiring the person or governmental agency to cease
(b) A cease and desist order issued by the commission may be
subject to the terms and conditions that the commission may determine
are necessary to ensure compliance with this title, including
immediate removal of any fill or other material or the setting of a
schedule within which steps must be taken to obtain a permit pursuant
to this title.
(c) Notice of the public hearing on a proposed cease and desist
order shall be given to all affected persons and agencies and the
order shall be effective and final as to the commission upon issuance
thereof. Copies shall be served forthwith by certified mail upon
the person or governmental agency being charged with the actual or
threatened violation of this title and upon other affected persons
and agencies who appeared at the hearing and requested a copy. A
copy of the cease and desist order shall also be sent by certified
mail to the owner of the property on which the violation occurred.
66639. (a) Within 30 days after service of a copy of a cease and
desist order issued by the executive director under Section 66637 or
the commission under Section 66638, any aggrieved party may file with
the superior court a petition for writ of mandate for review thereof
pursuant to Section 1094.5 of the Code of Civil Procedure. Failure
to file such an action shall not preclude a party from challenging
the reasonableness and validity of an order of the executive director
or the commission in any judicial proceedings brought to enforce
such order or for other civil remedies.
(b) The evidence before the court in any proceeding to review an
order of the commission described in subdivision (a) shall consist of
the record before the commission, and in cases where it is claimed
that the findings are not supported by the evidence, abuse of
discretion is established only if the court determines that the
findings are not supported by substantial evidence in the light of
the whole record.
66640. (a) Upon the failure of a person to comply with a permit or
a cease and desist order issued by the executive director or the
commission, or with any provision of this title, the Attorney
General, upon request of the commission, shall petition the superior
court for the issuance of a preliminary or permanent injunction, or
both, as may be appropriate, restraining the person or persons from
continuing any activity in violation of the permit, order, or
provision of this title.
(b) The evidence before the court shall consist of the record
before the executive director or the commission, whoever initially
issued the order, and any other relevant evidence that, in the
judgment of the court, should be considered to effectuate and
implement the policies of this title. In every case brought under
this section, the court shall exercise its independent judgment on
(c) The court shall issue an order directing defendants to appear
before the court at a time and place certain and show cause why the
injunction should not be issued. The court may grant any prohibitory
or mandatory relief that may be warranted.
(d) The court may stay the operation of the cease and desist order
after notice to the executive director or the commission, whichever
initially issued the order, and hearing. The stay may be imposed or
continued only if it is not against the public interest.
66641. (a) Any person or governmental agency who intentionally or
negligently violates any cease and desist order issued, reissued, or
amended by the commission or the executive director may be liable
civilly in a sum of not to exceed six thousand dollars ($6,000) for
each day in which such violation persists.
(b) The Attorney General, upon request of the commission, shall
petition the superior court to impose, assess and recover such sums.
In determining such amount, the court shall take into consideration
all relevant circumstances, including but not limited to, the extent
of harm caused by the violation, the nature and persistence of the
violation, the length of time over which the violation occurs and
corrective action, if any, taken by the person or governmental agency
(c) The provisions of Section 66640 shall apply to proceedings to
impose, assess and recover an amount pursuant to this article.
(d) Remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal.
66641.5. (a) In addition to any other penalties, any person or
entity who violates this title is subject to a civil penalty of not
to exceed thirty thousand dollars ($30,000). In determining the
amount of a civil penalty, the court shall consider the factors
listed in subdivision (a) of Section 66641.9.
(b) In addition to any other penalties, any person or entity who
intentionally and knowingly undertakes any activity requiring a
permit pursuant to subdivision (a) of Section 66632 without that
permit, or who intentionally and knowingly violates any term or
condition of any permit issued by or on behalf of the commission, is
subject to a civil penalty of not less than one hundred dollars
($100), nor more than ten thousand dollars ($10,000), per day for
each day in which that violation occurs or persists.
(c) Except as provided in Section 818, whenever a person or entity
has intentionally and knowingly violated this title or any term or
condition of a permit issued by or on behalf of the commission, the
commission may maintain an action, in addition to the actions
authorized pursuant to subdivisions (a) and (b), for the recovery of
exemplary damages. In determining the amount to be awarded, the
court shall consider the amount of damages necessary to deter further
(d) In addition to any other penalties, a person or entity who
negligently undertakes an activity requiring a permit pursuant to
subdivision (a) of Section 66632 without that permit, or who
negligently violates any term or condition of any permit issued by or
on behalf of the commission, is subject to a civil penalty of not
less than fifty dollars ($50) nor more than five thousand dollars
($5,000) per day for each day in which that violation occurs or
(e) Civil liability may be administratively imposed by the
commission in accordance with Section 66641.6 on any person or entity
for any violation of this title or any term or condition of a permit
issued by or on behalf of the commission in an amount that shall be
not less than ten dollars ($10), nor more than two thousand dollars
($2,000), for each day in which that violation occurs or persists,
but the commission may not administratively impose a fine of more
than thirty thousand dollars ($30,000) for a single violation.
(f) Any moneys recovered by the commission pursuant to this
section shall be deposited in the fund established and administered
pursuant to Section 66647.
66641.6. (a) The executive director of the commission may issue a
complaint to any person or entity on whom administrative civil
liability may be imposed pursuant to this article. The complaint
shall allege the act or failure to act that constitutes a violation
of law, the provision of law authorizing civil liability to be
imposed pursuant to this title, and the proposed civil liability.
(b) The complaint shall be served by personal notice or certified
mail, and shall inform the party so served that a hearing shall be
conducted within 60 days after the party has been served. The
hearing shall be before the commission. The complainant may waive
the right to a hearing, in which case the commission shall not
conduct a hearing.
(c) After any hearing, the commission may adopt, with or without
revision, the proposed decision and order of the executive director.
(d) Orders setting administrative civil liability shall become
effective and final upon issuance thereof, and any payment shall be
made within 30 days. Copies of these orders shall be served by
personal service or by registered mail upon the party served with the
complaint and upon other persons who appeared at the hearing and
requested a copy.
66641.7. (a) Within 30 days after service of an order issued under
Section 66641.6, any aggrieved party may file with the superior court
a petition for writ of mandate for review thereof pursuant to
Section 1094.5 of the Code of Civil Procedure. If no aggrieved party
petitions for a writ of mandate within the time provided by this
section, an order of the commission shall not be subject to review by
any court or agency, except that the commission may grant review on
its own motion of an order issued under Section 66641.6 after the
expiration of the time limits set by this section.
(b) Upon request of the commission, the Attorney General shall
institute an action in the appropriate superior court to collect and
recover any administrative civil penalties imposed pursuant to
Section 66641.6. The court shall accord priority on its calendar to
any such action.
66641.8. No person shall be subject to both civil liability imposed
under Section 66641.6 and civil liability imposed by the superior
court under Section 66641.5 for the same act or failure to act.
66641.9. (a) In determining the amount of administrative civil
liability, the commission shall take into consideration the nature,
circumstance, extent, and gravity of the violation or violations,
whether the violation is susceptible to removal or resolution, the
cost to the state in pursuing the enforcement action, and with
respect to the violator, the ability to pay, the effect on ability to
continue in business, any voluntary removal or resolution efforts
undertaken, any prior history of violations, the degree of
culpability, economic savings, if any, resulting from the violation,
and such other matters as justice may require.
(b) Any moneys recovered by the commission pursuant to Section
66641.6 shall be deposited in the fund established and administered
pursuant to Section 66647.
66642. (a) Every civil action brought under the provisions of this
division at the request of the commission shall be brought by the
Attorney General in the name of the people of the State of California
and any such actions relating to the same violation may be joined or
(b) Any civil action brought pursuant to this division shall be
brought in a county in which the alleged violation is occurring or
may occur. However, any action by or against a city, city and
county, county, or other public agency shall, upon motion of either
party, be transferred to a county or city and county not a party to
the action or to a county or city and county other than that in which
the city or public agency is located.
66643. The commission may hold any hearings and conduct any
investigations in any part of the state necessary to carry out the
powers vested in it, and for such purposes shall have the same power
to conduct investigations and hearings as those conferred upon the
heads of state departments by Article 2 (commencing with Section
11180) of Chapter 2 of Division 3 of Title 2.
Upon authorization of the commission, any member of the commission
or its designated representative may conduct a hearing or
investigation of the commission. Any final action of the commission
shall only be taken by a majority of all the members of the
commission, at a meeting duly called and held.
All hearings held by the commission or by any designated
representative of the commission shall be open and public.
66645. (a) In addition to the provisions of Sections 25302, 25500,
25507, 25508, 25514, 25516.1, 25519, 25523, and 25526 of the Public
Resources Code, the provisions of this section shall apply to the
commission and the State Energy Resources Conservation and
Development Commission with respect to matters within the statutory
responsibility of the latter.
(b) After one or more public hearings, and prior to January 1,
1979, the commission shall designate those specific locations within
the Suisun Marsh, as defined in Section 29101 of the Public Resources
Code, or the area of jurisdiction of the commission, where the
location of a facility, as defined in Section 25110 of the Public
Resources Code, would be inconsistent with this title or Division 19
(commencing with Section 29000) of the Public Resources Code. The
following locations, however, shall not be so designated: (1) any
property of a utility that is used for such a facility or will be
used for the reasonable expansion thereof; (2) any site for which a
notice of intention to file an application for certification has been
filed pursuant to Section 25502 of the Public Resources Code prior
to January 1, 1978, and is subsequently approved pursuant to Section
22516 of the Public Resources Code; and (3) the area east of
Collinsville Road that is designated for water-related industrial use
on the Suisun Marsh Protection Plan Map. Each designation made
pursuant to this section shall include a description of the
boundaries of those locations, the provisions of this title or
Division 19 (commencing with Section 29000) of the Public Resources
Code with which they would be inconsistent, and detailed findings
concerning the significant adverse impacts that would result from
development of a facility in the designated area. The commission
shall consider the conclusions, if any, reached by the State Energy
Resources Conservation and Development Commission in its most
recently promulgated comprehensive report issued pursuant to Section
25309 of the Public Resources Code. The commission also shall
request the assistance of the State Energy Resources Conservation and
Development Commission in carrying out the requirements of this
section. The commission shall transmit a copy of its report prepared
pursuant to this subdivision to the State Energy Resources
Conservation and Development Commission.
(c) The commission shall revise and update the designations
specified in subdivision (b) not less than once every five years.
The provisions of subdivision (b) shall not apply to any sites and
related facilities specified in any notice of intention to file an
application for certification filed pursuant to Section 25502 of the
Public Resources Code prior to designation of additional locations
made by the commission pursuant to this subdivision.
(d) Whenever the State Energy Resources Conservation and
Development Commission exercises its siting authority and undertakes
proceedings pursuant to the provisions of Chapter 6 (commencing with
Section 25500) of Division 15 of the Public Resources Code with
respect to any thermal powerplant or transmission line to be located,
in whole or in part, within the Suisun Marsh or the area of
jurisdiction of the commission, the commission shall participate in
those proceedings and shall receive from the State Energy Resources
Conservation and Development Commission any notice of intention to
file an application for certification of a site and related
facilities within the Suisun Marsh or the area of jurisdiction of the
commission. The commission shall analyze each notice of intention
and, prior to commencement of the hearings conducted pursuant to
Section 25513 of the Public Resources Code, shall forward to the
State Energy Resources Conservation and Development Commission a
written report on the suitability of the proposed site and related
facilities specified in that notice. The commission's report shall
contain a consideration of, and findings regarding, the following:
(1) If it is to be located within the Suisun Marsh, the
consistency of the proposed site and related facilities, with the
provisions of this title and Division 19 (commencing with Section
29000) of the Public Resources Code, the policies of the Suisun Marsh
Protection Plan (as defined in Section 29113 of the Public Resources
Code) and the certified local protection program (as defined in
Section 29111 of the Public Resources Code) if any.
(2) If it is to be located within the area of jurisdiction of the
commission, the consistency of the proposed site and related
facilities with the provisions of this title and the San Francisco
(3) The degree to which the proposed site and related facilities
could reasonably be modified so as to be consistent with this title,
Division 19 (commencing with Section 29000) of the Public Resources
Code, the Suisun Marsh Protection Plan, or the San Francisco Bay
(4) Such other matters as the commission deems appropriate and
necessary to carry out Division 19 (commencing with Section 29000) of
the Public Resources Code.
66646. Notwithstanding any other provision of this title, except
subdivisions (b) and (c) of Section 66645, and notwithstanding any
provision of Division 19 (commencing with Section 29000) of the
Public Resources Code, new or expanded thermal electric generating
plants may be constructed within the Suisun Marsh, as defined in
Section 29101 of the Public Resources Code, or the area of
jurisdiction of the commission, if the proposed site has been
determined, pursuant to the provisions of Section 25516.1 of the
Public Resources Code, by the State Energy Resources Conservation and
Development Commission to have greater relative merit than available
alternative sites and related facilities for an applicant's service
area which have been determined to be acceptable pursuant to the
provisions of Section 25516 of the Public Resources Code.
66646.1. The Legislature finds that the State Water Resources
Control Board and the California Regional Water Quality Control Board
for the San Francisco Bay Region have the responsibility for
establishing the beneficial uses of the waters of San Francisco Bay
and setting water quality objectives to protect these uses, and have
the primary responsibility for coordination, control, and enforcement
of water quality in San Francisco Bay. The policies, decisions,
advice, and authority of these boards should be the primary basis for
the commission to carry out its water quality responsibilities in
San Francisco Bay.
66647. (a) There is in the State Treasury a Bay Fill Clean-up and
Abatement Fund. All moneys from the following sources are to be paid
into the fund:
(1) All moneys appropriated by the Legislature for the fund.
(2) All moneys contributed to the fund by any person or entity and
accepted by the commission.
(3) All moneys collected civilly under any proceeding brought
pursuant to any provision of this chapter or Division 19 (commencing
with Section 29000) of the Public Resources Code.
(b) All moneys paid into the fund shall be available for
expenditure by the commission or the executive director, when
appropriated by the Legislature, for the purposes of removing fill,
resource enhancement, or performing any other remedial cleanup or
abatement actions within the commission's jurisdiction.
66648. Fees collected by the commission pursuant to conditions
imposed on permit applicants to mitigate the adverse impacts of
permitted development, and any funds paid into the Bay Fill Clean-up
and Abatement Fund established by Section 66647, may be transferred
to the subaccount of the San Francisco Bay Area Conservancy Program
Account established under subparagraph (B) of paragraph (1) of
subdivision (b) of Section 31164 of the Public Resources Code or to a
substantially similar account in a coastal trust fund, or its
equivalent if enacted into law, with the concurrence of the State
Coastal Conservancy, to be expended by the conservancy pursuant to
its authority under Division 21 (commencing with Section 31000) of
the Public Resources Code to carry out the mitigation required under
the commission's permit, or for the purposes set forth in subdivision
(b) of Section 66647, as determined by the commission.