Today's Law As Amended

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AB-128 State Air Resources Board: alternative actions to assessing penalties.(2011-2012)



SECTION 1.

 Section 39615 is added to the Health and Safety Code, to read:

(a) In lieu of assessing penalties for a violation of an air pollution control law administered by the state board, the state board may require a person who has violated that law to spend an amount equivalent to the amount that would have been assessed for the violation towards actions to comply with the air pollution control law that was violated or towards a supplemental environmental project, if the person has prepared a financing plan to complete the actions to comply with the air pollution control law or prepared a financing plan to complete the supplemental environmental project.
39615.
 (b) (1) If the penalty amount exceeds fifteen thousand dollars ($15,000), the portion of the penalty amount that may be directed to be expended on a supplemental environmental project shall not exceed fifteen thousand dollars ($15,000) plus 50 percent of the penalty amount that exceeds fifteen thousand dollars ($15,000).
(2) For purposes of this section, a “supplemental environmental project” means an environmentally beneficial project that a person agrees to undertake, with the approval of the state board, that would not be undertaken in the absence of an enforcement action under this section.