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AB-818 Air pollution control: penalties.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 818

Introduced by Assembly Member Blumenfield

February 21, 2013

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 818, as introduced, Blumenfield. 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 and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. 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   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, General; by any district attorney, 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, General; by any district attorney, 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.