Bill Text: CA AB1897 | 2021-2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Solid waste: reporting, packaging, and plastic food service ware.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2022-08-31 - In Assembly. Concurrence in Senate amendments pending. [AB1897 Detail]
Download: California-2021-AB1897-Introduced.html
or 42402.4 42402.4, or 42402.6 precludes prosecution under Section 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, or 42400.4 for the same offense. When a district refers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any a civil action brought
pursuant to this article for the same offense. and 42402.4, any 42402.4, and 42402.6, a person who violates this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit, or order of a district, including a district
hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000).Any Except as provided in Section 42402.6, a person who negligently emits an air contaminant in violation of this part or any a rule, regulation, permit, or order of the state board or of a district, including a district hearing board, pertaining to emission regulations or limitations is liable for a civil penalty of not more than twenty-five thousand dollars ($25,000).Any Except as provided in Section 42402.6, a person who emits an air contaminant in violation of any a provision of this part, or any order, rule, regulation, or permit a rule, regulation, permit, or order of the
state board or of a district, including a district hearing board, pertaining to emission regulations or limitations, and who knew of the emission and failed to take corrective action, as defined in subdivision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty of not more than forty thousand dollars ($40,000).Any Except as provided in Section 42402.6, a person who willfully and intentionally emits an air contaminant in violation of this part or any a rule, regulation, permit, or order of the state board, or of a district, including a district hearing board, pertaining to emission regulations or limitations, is liable for a civil penalty of not more than seventy-five thousand dollars ($75,000). and 42402.3 42402.3, and 42402.6 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any a district attorney, or by the attorney for any
the district in which the violation occurs in any a court of competent jurisdiction.
Bill Title: Solid waste: reporting, packaging, and plastic food service ware.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2022-08-31 - In Assembly. Concurrence in Senate amendments pending. [AB1897 Detail]
Download: California-2021-AB1897-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1897
| Introduced by Assembly Member Wicks |
February 09, 2022 |
An act to amend Sections 42400.7, 42402, 42402.1, 42402.2, 42402.3, and 42403 of, and to add Section 42402.6 to, the Health and Safety Code, relating to nonvehicular air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1897, as introduced, Wicks.
Nonvehicular air pollution control: refineries: penalties.
Existing law prohibits a person from discharging from nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause, or have a natural tendency to cause, injury or damage to business or property, as specified. Under existing law, a person who violates this provision is guilty of a misdemeanor, as specified, or is strictly liable for a civil penalty of not more than $10,000, unless that person alleges by affirmative defense and establishes that the act was not the result of intentional or negligent conduct, in which case the person is strictly liable for a civil penalty of not more than $5,000. A person who violates this provision and who acts negligently, knowingly, willfully and intentionally, or with reckless disregard, is liable for a civil
penalty in a greater amount, as specified. Existing law precludes prosecution under specified statutes if civil penalties are recovered pursuant to the above provisions for the same offense.
This bill would make a person who violates this provision liable for a civil penalty of not more than $30,000 if the violation results from a discharge from a stationary source required by federal law to be included in an operating permit program established pursuant to Title V of the federal Clean Air Act, and the stationary source is a refinery, the discharge results in a severe disruption to the community, the discharge contains or includes one or more toxic air contaminants, as specified, and 25 or more people are exposed to the discharge. The bill would additionally make a person who violates this provision liable for a civil penalty of not more than $100,000 for a subsequent violation within a 12-month period. The bill would prohibit this provision from applying if the
violation is caused by unforeseen and unforeseeable criminal acts, acts of war, acts of terrorism, or civil unrest. The bill would additionally preclude prosecution under specified statutes if civil penalties are recovered pursuant to this provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 42400.7 of the Health and Safety Code is amended to read:42400.7.
(a) The recovery of civil penalties pursuant to Section 39674, 42401, 42402, 42402.1, 42402.2, 42402.3,(b) If the pending civil action described in subdivision (a) includes a request for injunctive relief, that portion of the civil action shall not be dismissed upon the filing of a criminal complaint for the same offense.
SEC. 2.
Section 42402 of the Health and Safety Code is amended to read:42402.
(a) Except as provided in Sections 42402.1, 42402.2, 42402.3,(b) (1) A person who violates any a provision of this part, any an order issued pursuant to Section 42316, or any a rule,
regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than ten thousand dollars ($10,000).
(2) (A) If a civil penalty in excess of five thousand dollars ($5,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional conduct or negligent conduct.
(B) Subparagraph (A) does not apply to a violation of a federally enforceable requirements
requirement that occur occurs at a Title V source in a district in which a Title V permit program has been fully approved.
(C) Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap established pursuant to a market-based incentive program adopted by a district pursuant to subdivision (b) of Section 39616.
(c) A person who owns or operates any a source of air contaminants in violation of Section 41700 that
causes actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or the public, is liable for a civil penalty of not more than fifteen thousand dollars ($15,000).
(d) Each day during any a portion of which a violation occurs is a separate offense.
SEC. 3.
Section 42402.1 of the Health and Safety Code is amended to read:42402.1.
(a)(b) Any A person who negligently emits an air contaminant in violation of Section 41700 that causes great bodily injury, as defined by in subdivision (f) of Section 12022.7 of the Penal Code, to any a person or that causes the death of any
a person, is liable for a civil penalty of not more than one hundred thousand dollars ($100,000).
(c) Each day during any a portion of which a violation occurs is a separate offense.
SEC. 4.
Section 42402.2 of the Health and Safety Code is amended to read:42402.2.
(a)(b) Any A person who owns or operates any a source of air contaminants in violation of Section 41700 that causes great bodily injury, as defined by
in subdivision (f) of Section 12022.7 of the Penal Code, to any
a person or that causes the death of any a person, and who knew of the emission and failed to take corrective action, as defined in subdivision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000).
(c) Each day during any a portion of which a violation occurs is a separate offense.
SEC. 5.
Section 42402.3 of the Health and Safety Code is amended to read:42402.3.
(a)(b) Any A person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by in subdivision (f) of Section 12022.7 of the Penal Code, to, or death of, any a person, emits an air contaminant in violation of Section 41700 that results in an unreasonable risk of great bodily injury to, or death of, any
a person, is liable for a civil penalty of not more than one hundred twenty-five thousand dollars ($125,000). If the violator is a corporation, the maximum penalty may be up to five hundred thousand dollars ($500,000).
(c) Any A person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by in subdivision (f) of Section 12022.7 of the Penal Code, to, or death of, any
a person, emits an air contaminant in violation of Section 41700 that causes great bodily injury, as defined by in subdivision (f) of Section 12022.7 of the Penal Code, to any a person or that causes the death of any a person, is liable for a civil penalty of not more than two hundred fifty thousand dollars ($250,000). If the violator is a corporation, the maximum penalty may be up to one million dollars
($1,000,000).
(d) Each day during any a portion of which a violation occurs is a separate offense.
SEC. 6.
Section 42402.6 is added to the Health and Safety Code, to read:42402.6.
(a) (1) A person is liable for a civil penalty of not more than thirty thousand dollars ($30,000) if the person violates Section 41700 and all of the following occur:(A) (i) The discharge is from a Title V source that is a refinery.
(ii) For purposes of this subparagraph, “refinery” means an establishment that is located on one or more contiguous or adjacent properties that processes a petroleum or alternative feedstock to produce a more usable product such as gasoline, diesel fuel, aviation fuel, lubricating oil, asphalt, petrochemical feedstock, or other similar product.
(B) The discharge results in a severe disruption to the community, including, but not limited to, residential displacement, shelter in place, evacuation, or destruction of property.
(C) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657.
(D) Twenty-five or more persons are exposed to the discharge.
(2) A person shall be liable for a civil penalty of not more than one hundred thousand dollars ($100,000) for a discharge subject to paragraph (1) if that discharge occurs within 12 months of a prior discharge subject to paragraph (1).
(b) Except as provided in
subdivision (b) of Section 42402.2 or subdivision (b) or (c) of Section 42402.3, a civil penalty described in subdivision (a) shall apply on the initial date of a violation.
(c) If a violation of subdivision (a) continues to occur subsequent to the initial date of the violation, the civil penalty described in Section 42402, 42402.1, 42402.2, or 42402.3 shall apply to those subsequent days.
(d) The civil penalty described in paragraphs (1) and (2) of subdivision (a) shall not apply if the violation is caused by unforeseen and unforeseeable criminal acts, acts of war, acts of terrorism, or civil unrest.
(e) Moneys collected pursuant to this section shall be expended in support of air quality programs, including, but not limited
to, programs to research or mitigate the effects of air pollution.
SEC. 7.
Section 42403 of the Health and Safety Code is amended to read:42403.
(a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2,(b) In determining the amount of the civil penalty assessed, the court, or in reaching any a settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following:
(1) The extent of harm caused by the violation.
(2) The nature and persistence of the violation.
(3) The length of time over which the violation occurs.
(4) The frequency of past violations.
(5) The record of maintenance.
(6) The unproven or innovative nature of the control equipment.
(7) Any action Action, if any, taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation.
(8) The financial burden to the defendant.
