Bill Text: CA AB2605 | 2011-2012 | Regular Session | Introduced
Bill Title: Air pollution control: penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-26 - Referred to Coms. on JUD. and NAT. RES. [AB2605 Detail]
Download: California-2011-AB2605-Introduced.html
BILL NUMBER: AB 2605 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Cedillo
FEBRUARY 24, 2012
An act to amend Sections 42403, 42403.5, and 42405 of the Health
and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 2605, as introduced, Cedillo. Air pollution control: penalties.
Existing law designates the State Air Resources Board as the state
agency charged with coordinating efforts to attain and maintain
ambient air quality standards. Existing law also designates the state
board as the state agency with the primary responsibility for the
control of vehicular air pollution. Existing law requires the state
board to identify toxic air contaminants that are emitted into the
ambient air of the state, and requires the state board to establish
toxic control measures for toxic air contaminants. Existing law
requires specified civil penalties be assessed and recovered in a
civil action for specified violations to be brought by the Attorney
General, by any district attorney, or by the attorney for any air
pollution control or air quality management district in which the
violation occurs. Existing law requires, if the action for civil
penalties resulting from specified violations is brought by a
district attorney or by an attorney for a district, the entire amount
of the penalty collected be paid to the treasurer of the district on
whose behalf judgment was entered.
This bill would require any city attorney of a city having a
population in excess of 750,000, any city attorney of a city and
county, or a city prosecutor in any city with a full-time city
prosecutor, with the consent of the district attorney, to recover
specified civil penalties in a civil action for specified violations.
The bill would require, if the action for civil penalties resulting
from specified violations is brought by a district attorney, an
attorney for a district, a city attorney of a city having a
population in excess of 750,000, a city attorney of a city and
county, or a city prosecutor in any city with a full-time city
prosecutor, with the consent of the district attorney, the entire
amount of the penalty collected be paid to the treasurer of the city,
county, or city and county in addition to the district on whose
behalf judgment was entered.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, and 42402.3 ,
and 42402.4 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 district
attorney , ; by any city attorney
of a city having a population in excess of 750,000; by any city
attorney of a city and county; by a city prosecutor in any city with
a full-time city prosecutor, with the consent of the district
attorney; or by the attorney for any district in which the
violation occurs in any court of competent jurisdiction.
(b) In determining the amount assessed, the court, or in reaching
any 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 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.
SEC. 2. Section 42403.5 of the Health and Safety Code is amended
to read:
42403.5. (a) Notwithstanding Section 42407, any violation of
Section 41700 resulting from the engine of any diesel-powered bus
while idling shall subject the owner to civil penalties assessed
under this article, which may be recovered pursuant to Section 42403
by the Attorney General , ; by any
district attorney , ; by any city attorney of
a city having a population in excess of 750,000; by any city
attorney of a city and county; by a city prosecutor in any
city with a full-time city prosecutor, with the consent of the
district attorney; or by the attorney for any district in which
the violation occurs in any court of competent jurisdiction.
(b) There is no liability under subdivision (a) if the person
accused of the violation establishes by affirmative defense that the
extent of the harm caused does not exceed the benefit accrued to bus
passengers as a result of idling the engine.
SEC. 3. Section 42405 of the Health and Safety Code is amended to
read:
42405. In an action brought pursuant to Section 42403 by the
Attorney General on behalf of a district, one-half of the penalty
collected shall be paid to the treasurer of the district on whose
behalf judgment was entered, and one-half of the penalty collected
shall be paid to the State Treasurer for deposit
in the General Fund.
If the action is brought by the Attorney General on behalf of the
state board, the entire penalty collected shall be paid to the
State Treasurer for deposit in the General Fund.
If the action is brought by a district attorney ;
by any city attorney of a city having a population in excess of
750,000; by any city attorney of a city and county; by a city
prosecutor in any city with a full-time city prosecutor, with the
consent of the district attorney; or by an attorney for a
district, the entire amount of the penalty collected shall be paid to
the treasurer of the city, county, city and county, or
district on whose behalf judgment was entered.
