Bill Text: CA SB691 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Nonvehicular air pollution control: penalties.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2013-09-12 - Ordered to inactive file on request of Assembly Member Skinner. [SB691 Detail]

Download: California-2013-SB691-Amended.html
BILL NUMBER: SB 691	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2013

INTRODUCED BY   Senator Hancock
   (Principal coauthors: Senators DeSaulnier, Hill, and Leno)
   (Principal coauthor: Assembly Member Skinner)
   (Coauthor: Senator Lara)

                        FEBRUARY 22, 2013

   An act to amend Sections 41700, 42400.7, 42402, 42402.1, 42402.2,
42402.3, and 42403 of the Health and Safety Code, relating to air
pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 691, as amended, Hancock. Nonvehicular air pollution control:
penalties.
   Existing law, commencing January 1, 2014, 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 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, and 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
that person is strictly liable for a civil penalty of not more than
$1,000. 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.
   This bill would require, unless the original penalties prescribed
are greater, that on the initial date of a violation of this
provision,  a person is liable for a civil penalty of not
more than $10,000, unless the violation results from a discharge from
a Title V source, in which case the civil penalty is not more than
$100,000   a person who violates this provision by
emitting 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, when that discharge includes
the release of toxic air contaminants, to be liable for a civil
penalty of not more than $100,000  . This bill would require
that the recovery of a civil penalty under these provisions precludes
prosecution of a misdemeanor for the same offense.
   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 41700 of the Health and Safety Code, as added
by Section 2 of Chapter 411 of the Statutes of 2010, is amended to
read:
   41700.  (a) Except as otherwise provided in Section 41705, a
person shall not discharge from any source whatsoever quantities of
air contaminants or other material that cause injury, detriment,
nuisance, or annoyance to any considerable number of persons or to
the public, or that endanger the comfort, repose, health, or safety
of any of those persons or the public, or that cause, or have a
natural tendency to cause, injury or damage to business or property.

   (b) (1) A person who violates subdivision (a) by emitting a
discharge from a Title V source that includes the release of a toxic
air contaminant, as described in Chapter 3.5 (commencing with Section
39650) of Part 2 is liable for a civil penalty of not more than one
hundred thousand dollars ($100,000). This penalty does not apply to
air contaminant releases that are only nuisance odors.  

   (b) (1) 
    (2)    A penalty described in 
subdivision (c)   paragraph (1)  shall apply on the
initial date a violation of subdivision (a) occurs, unless a penalty
prescribed in Section 42402, 42402.1, 42402.2, or 42402.3 is
greater, in which case the greater penalty shall apply. 
   (2) 
    (3)  If a violation of subdivision (a)  that is
described in paragraph (1)  continues to occur  after
  subsequent to  the initial date of violation, the
penalty described in Section 42402, 42402.1, 42402.2, or 42402.3
shall apply to those subsequent days. 
   (c) (1) Except as provided in paragraph (2), a person who violates
subdivision (a) is liable for a civil penalty of not more than ten
thousand dollars ($10,000).  
   (2) A person who violates subdivision (a), which results in a
discharge from a Title V source, is liable for a civil penalty of not
more than one hundred thousand dollars ($100,000). 

   (d) 
    (c)  This section shall become operative on January 1,
2014.
  SEC. 2.  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, 41700, 42401, 42402, 42402.1, 42402.2, 42402.3, or 42402.4
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 civil action
brought pursuant to this article for the same offense.
   (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. 3.  Section 42402 of the Health and Safety Code is amended to
read:
   42402.  (a) Except as provided in Sections 41700, 42402.1,
42402.2, 42402.3, and 42402.4, a person who violates this part, an
order issued pursuant to Section 42316, or 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 one thousand
dollars ($1,000).
   (b) (1) A person who violates this part, an order issued pursuant
to Section 42316, or 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 one thousand dollars
($1,000) 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
nor negligent conduct.
   (B) Subparagraph (A) shall not apply to a violation of federally
enforceable requirements that occur 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 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 portion of which a violation occurs is a
separate offense.
  SEC. 4.  Section 42402.1 of the Health and Safety Code is amended
to read:
   42402.1.  (a) Except as provided in Section 41700, a person who
negligently emits an air contaminant in violation of this part or 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).
   (b) A person who negligently emits an air contaminant in violation
of Section 41700 that causes great bodily injury, as defined by
Section 12022.7 of the Penal Code, to a person or that causes the
death of a person, is liable for a civil penalty of not more than one
hundred thousand dollars ($100,000).
   (c) Each day during a portion of which a violation occurs is a
separate offense.
  SEC. 5.  Section 42402.2 of the Health and Safety Code is amended
to read:
   42402.2.  (a) Except as provided in Section 41700, a person who
emits an air contaminant in violation of a provision of this part, or
an order, rule, regulation, or permit 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).
   (b) A person who owns or operates a source of air contaminants in
violation of Section 41700 that causes great bodily injury, as
defined by Section 12022.7 of the Penal Code, to a person or that
causes the death of 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 a portion of which a violation occurs is a
separate offense.
  SEC. 6.  Section 42402.3 of the Health and Safety Code is amended
to read:
   42402.3.  (a) Except as provided in Section 41700, a person who
willfully and intentionally emits an air contaminant in violation of
this part or 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).
   (b) A person who willfully and intentionally, or with reckless
disregard for the risk of great bodily injury, as defined by Section
12022.7 of the Penal Code, to, or death of, 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, 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) A person who willfully and intentionally, or with reckless
disregard for the risk of great bodily injury, as defined by Section
12022.7 of the Penal Code, to, or death of, a person, emits an air
contaminant in violation of Section 41700 that causes great bodily
injury, as defined by Section 12022.7 of the Penal Code, to a person
or that causes the death of 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 a portion of which a violation occurs is a
separate offense.
  SEC. 7.  Section 42403 of the Health and Safety Code is amended to
read:
   42403.  (a) The civil penalties prescribed in Sections 39674,
41700, 42401, 42402, 42402.1, 42402.2, and 42402.3 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 a district
attorney, or by the attorney for the district in which the violation
occurs in a court of competent jurisdiction.
   (b) In determining the amount assessed, the court, or in reaching
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) An 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.
                                                 
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