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AB-2486 Environmental prosecution.(2001-2002)

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AB2486:v92#DOCUMENT

Assembly Bill No. 2486
CHAPTER 1000

An act to amend Section 25515.2 of the Health and Safety Code, to amend Sections 14300, 14301, 14303, 14304, 14306, 14307, 14314, and 14315 of, to amend the heading of Title 13 (commencing with Section 14300) of Part 4 of, to amend the headings of Chapter 2 (commencing with Section 14304) and Chapter 3 (commencing with Section 14306) of Title 13 of Part 4 of, to amend and renumber the heading of Chapter 6 (commencing with Section 14314) of Title 13 of Part 4 of, to add Section 14308 to, to add Chapter 4 (commencing with Section 14309) to Title 13 of Part 4 of, and to repeal Chapter 4 (commencing with Section 14308) and Chapter 5 (commencing with Section 14309) of Title 13 of Part 4 of, the Penal Code, relating to environmental prosecution.

[ Filed with Secretary of State  September 27, 2002. Approved by Governor  September 27, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2486, Keeley. Environmental prosecution.
Under existing law, there are various specialized hazardous materials enforcement and training programs. In particular, existing law provides for special local toxics prosecution projects funded by grants from the Director of Toxic Substance Control. In addition, money has been provided in the Budget Act for several years for an environmental circuit prosecutor through the Secretary of the California Environmental Protection Agency.
This bill would recast the provisions concerning training and prosecution assistance programs for hazardous materials law enforcement to reflect a broader focus on environmental law. It would move responsibility for these programs from the Department of Toxic Substances Control and its director to the California Environmental Protection Agency and its secretary. It would create an account into which funds for these programs are directed, and would transfer a specified portion of the balance of the existing account currently funding these programs to the new account on a specified date. This bill would provide the Commission on Peace Officer Standards and Training 12 months to develop or review and certify specified environmental law training programs. It would remove specification from the course of instruction for public prosecutors which is required to be developed and implemented by the California District Attorneys Association, and recast the description of the enforcement investigative personnel for whom that association is to develop and implement a course or courses of instruction.
This bill would repeal other existing provisions providing grants for the development by one or more statewide organizations with specified qualifications of another training program, and would repeal the provisions authorizing the awarding of grants for special local toxics prosecution projects. This bill would codify the Environmental Circuit Prosecutor Project, intended to discourage environmental law violations, with a fair, uniform, and effective statewide prevention, enforcement, and prosecution program, and to better integrate environmental prosecution into the criminal justice system, as specified. This bill would require the Secretary of the California Environmental Protection Agency to award project grants from the new account to the California District Attorneys Association for the purpose of the day-to-day operations of the program and would specify the division of funds provided to various aspects of the new program. This bill would require a report to the Governor and the Legislature, which is currently required concerning special local toxics prosecution projects, be provided instead concerning the environmental prosecution projects funded by this bill, and it would reduce the scope of that report.
Under existing law, businesses are required to have response plans for releases of specified hazardous materials, and are required to provide an annual inventory of hazardous materials handled, as specified. A portion of the civil and criminal penalties assessed for violations of these laws are made available for expenditure on the toxics training and prosecution projects described above.
This bill would discontinue the expenditure of a portion of each penalty assessed for these purposes.

The people of the State of California do enact as follows:


SECTION 1.

 Section 25515.2 of the Health and Safety Code is amended to read:

25515.2.
 (a) All criminal penalties collected pursuant to this chapter shall be apportioned in the following manner:
(1) Fifty percent shall be paid to the office of the city attorney, district attorney, or Attorney General, whichever office brought the action.
(2) Fifty percent shall be paid to the agency which is responsible for the investigation of the action.
(b) All civil penalties collected pursuant to this chapter shall be apportioned in the following manner:
(1) Fifty percent shall be paid to the office of the city attorney, district attorney, or Attorney General, whichever office brought the action.
(2) Fifty percent shall be paid to the agency responsible for the investigation of the action.
(c)  If a reward is paid to a person pursuant to Section 25517, the amount of the reward shall be deducted from the amount of the criminal or civil penalty before the amount is apportioned pursuant to subdivisions (a) and (b).

SEC. 2.

 The heading of Title 13 (commencing with Section 14300) of Part 4 of the Penal Code is amended to read:

TITLE 13. LOCAL ENVIRONMENTAL ENFORCEMENT AND TRAINING PROGRAMS

SEC. 3.

 Section 14300 of the Penal Code is amended to read:

14300.
 (a) The Legislature finds and declares all of the following:
(1) The enforcement of California’s environmental laws is essential to protect human health, the environment, and the state’s economy.
(2) Fair and uniform enforcement of laws and regulations governing the environment benefits law abiding businesses, firms, and individuals.
(3) There is a need to better integrate enforcement of environmental laws into California’s established criminal justice system.
(4) Local and state enforcement agencies can play an increasingly important role in protecting human health, the environment, and the state’s economy through greater involvement in the enforcement of environmental laws.
(5) Prosecuting violators of environmental laws often requires special training to detect violations, understand complex laws, and prepare and present complicated enforcement cases.
(6) There is a need to support programs that assist local and state enforcement officials in prosecuting violations of environmental laws through the training of peace officers, investigators, firefighters, public prosecutors, and state and local environmental regulators.
(7) Fair and uniform enforcement of environmental laws is multidisciplinary and involves law enforcement, fire departments, state and local environmental regulators, and the offices of local and state public prosecutors.
(b) For purposes of this title, the following definitions shall apply:
(1) “Account” means the Environmental Enforcement and Training Account created pursuant to Section 14303.
(2) “Commission” means the Commission on Peace Officer Standards and Training.
(3) “Agency” means the California Environmental Protection Agency.
(4) “Secretary” means the Agency Secretary for the California Environmental Protection Agency or his or her designee.
(5) “Environmental laws” means state and federal environmental laws and regulations that impact public health and the environment, including, but not limited to, those that regulate toxic and carcinogenic materials, water quality, air quality, waste management, pesticides, and wildlife resources.
(6) “Public prosecutor” means district attorneys, city attorneys, city prosecutors, county counsels, and the Attorney General and his or her deputies.
(7) “Environmental regulator” means an employee of any state or local agency whose jurisdiction includes implementation, enforcement, or both implementation and enforcement of environmental laws.
(8) “Environmental enforcement” means the enforcement of environmental laws.
(c) This title shall be known and may be cited as the Environmental Enforcement and Training Act of 2002.
(d) It is the intent of the Legislature that the funds to implement this title, as specified in Section 14314, come from public and private contributions, and from the proceeds from any contributed state or federal court judgments, and that no funds be expended from the General Fund, other than from the Environmental Enforcement and Training Account, or other funds appropriated to, or authorized for expenditure by, the agency, to implement this title. It is the intent of the Legislature that the funds to implement this title shall be expended only from the account. It is the intent of the Legislature that funding provided from the account shall supplement, not supplant existing funding.

SEC. 4.

 Section 14301 of the Penal Code is amended to read:

14301.
 (a) There is hereby established in the agency, a program of financial assistance to do all of the following:
(1) Provide for statewide education and training programs in the enforcement of environmental laws for peace officers, investigators, state and local environmental regulators, and public prosecutors.
(2) Establish enhanced local environmental enforcement efforts.
(3) All funds made available to the agency for the purposes of this title shall be administered and distributed by the secretary.
(b) Not later than 12 months after the date when this title may be implemented, as specified in Section 14314, the secretary shall prepare and issue regulations, which shall, at a minimum, describe how grants are to be allocated or awarded pursuant to this title, the procedures for applying for these grants, the criteria to be used in determining which applications will be funded, and the administrative and fiscal requirements governing the receipt and expenditure of these grants.
(c) The secretary shall allocate and award funds to public agencies or private nonprofit organizations for purposes of supporting statewide environmental enforcement education and training programs for peace officers, investigators, state and local environmental regulators, and public prosecutors pursuant to Chapter 2 (commencing with Section 14304) and Chapter 3 (commencing with Section 14306), which meet the criteria established pursuant to those chapters. To ensure that these programs are coordinated with existing peace officer training, the commission shall be consulted prior to the allocation of funds to peace officer education and training programs.
(d) The secretary shall allocate and award funds to support the Environmental Circuit Prosecutor Project pursuant to Chapter 4 (commencing with Section 14309) for the purpose of improving enforcement of environmental laws by enhancing the investigation and prosecution of violations of those laws.

SEC. 5.

 Section 14303 of the Penal Code is amended to read:

14303.
 (a) There is hereby created, in the General Fund, the Environmental Enforcement and Training Account and up to two million dollars ($2,000,000) in the account may be expended annually by the agency, upon appropriation by the Legislature, for the purposes of this title.
(b) The agency may accept and receive any contribution of funds from a public or private organization or an individual, including the proceeds from a judgment in state or federal court, when the funds are contributed or the judgment specifies that the proceeds are to be used to carry out the purposes of this title. Private contributors shall not have the authority to further influence or direct the use of their contributions.
(c) The agency shall immediately deposit any funds contributed pursuant to subdivision (b) in the account.
(d) As of January 1, 2003, all unallocated funds in the Hazardous Materials Enforcement and Training Account created pursuant to Chapter 743 of the Statutes of 1992 that derive from court judgments specifying that the funds may be used only for purposes of this title shall be transferred to the Environmental Enforcement and Training Account.

SEC. 6.

 The heading of Chapter 2 (commencing with Section 14304) of Title 13 of Part 4 of the Penal Code is amended to read:
CHAPTER  2. Peace Officer  Environmental Enforcement Training

SEC. 7.

 Section 14304 of the Penal Code is amended to read:

14304.
 (a) The commission shall develop or review and certify, not later than 12 months after the date when this title may be implemented, as specified in Section 14314, a course or courses of instruction for training local and state peace officers in the detection of violations, and in the apprehension of suspected violators, of state and local environmental laws.
(b) The course or courses of instruction shall, at a minimum, include training on all of the following:
(1) Understanding environmental laws.
(2) Detecting violations of environmental laws.
(3) Knowing steps to take when violations are discovered in order to protect public health and facilitate prosecution of violators.

SEC. 8.

 The heading of Chapter 3 (commencing with Section 14306) of Title 13 of Part 4 of the Penal Code is amended to read:
CHAPTER  3. Environmental Training And Enforcement

SEC. 9.

 Section 14306 of the Penal Code is amended to read:

14306.
 (a) The secretary shall provide funding to the California District Attorneys’ Association to develop and implement, not later than 12 months after the receipt of funds, a course or courses of instruction for the training of public prosecutors in the enforcement of state and local environmental laws.
(b) The course or courses of instruction shall, at a minimum, do all of the following:
(1) Provide an understanding of the requirements of environmental laws.
(2) Teach prosecution techniques that will facilitate prosecution of environmental law violations.
(3) Provide environmental enforcement training materials.

SEC. 10.

 Section 14307 of the Penal Code is amended to read:

14307.
 (a) The secretary shall provide funding to the California District Attorneys’ Association to develop and implement, not later than 12 months after the receipt of funds, a course or courses of instruction for the training of investigators from the offices of public prosecutors, fire departments, and state and local environmental regulators.
(b) With the concurrence of the commission, peace officers may participate in the course or courses of training.
(c) The course or courses of instruction shall, at a minimum, do all of the following:
(1) Provide an understanding of the requirements of environmental laws.
(2) Teach enforcement investigative techniques that will facilitate the prosecution of environmental law violations.
(3) Provide environmental enforcement training materials.

SEC. 11.

 Section 14308 is added to Chapter 3 of Title 13 of Part 4 of the Penal Code, to read:

14308.
 (a) The secretary may award grants to public and private entities for training public prosecutors, peace officers, firefighters, and state or local environmental regulators in the investigation and enforcement of environmental laws.
(b) The secretary may award local assistance grants to local environmental regulators for the enforcement of environmental laws.

SEC. 12.

 Chapter 4 (commencing with Section 14308) of Title 13 of Part 4 of the Penal Code is repealed.

SEC. 13.

 Chapter 4 (commencing with Section 14309) is added to Title 13 of Part 4 of the Penal Code, to read:
CHAPTER  4. Environmental Circuit Prosecutor Project

14309.
 (a) The Environmental Circuit Prosecutor Project, a cooperative project of the California Environmental Protection Agency and the California District Attorneys Association, is hereby established.
(b) The Environmental Circuit Prosecutor Project shall have the following purposes:
(1) Discourage the commission of violations of environmental laws by demonstrating the effective response of the criminal justice system to these violations, including, but not limited to, assisting district attorneys, particularly in rural counties, in the prosecution of criminal violations of environmental laws and regulations, where a district attorney has requested assistance.
(2) Establish model environmental crime prevention, enforcement, and prosecution techniques with statewide application for fair, uniform, and effective application.
(3) Increase the awareness and effectiveness of efforts to enforce environmental laws and to better integrate environmental prosecution into California’s established criminal justice system by providing on the job education and training to local peace officers and prosecutors and to local and state environmental regulators.
(4) Promote, through uniform and effective prosecution and local assistance, the effective enforcement of environmental laws and regulations.
(c) (1) The secretary shall award project grants and administer funding from the account to the California District Attorneys Association for the purpose of providing for the day-to-day operations of the project.
(2) The award may only be used to fund the costs of prosecutors, investigators, and research attorney staff, including salary, benefits, and expenses.
(3) Circuit prosecutor project employees may be either employees of the California District Attorneys Association or employees on loan from local, state, or federal governmental agencies.
(d) (1) A district attorney may request the assistance of a circuit prosecutor from the Environmental Circuit Prosecutor Project for any of the following purposes:
(A) Assistance with the investigation and development of environmental cases.
(B)Consultation concerning whether an environmental case merits filing.
(C) Litigation support, including, but not limited to, the actual prosecution of the case. A district attorney shall, as appropriate, deputize a circuit prosecutor to prosecute cases within his or her jurisdiction.
(3) The authority of a deputized circuit prosecutor shall be consistent with and shall not exceed the authority of the elected district attorney or his or her deputies.
(4) Violations of city or county ordinances may be prosecuted by circuit prosecutors when there is an environmental nexus between the ordinance and a violation of state law, federal law, or both state and federal law.
(5) Participating district attorney offices shall provide matching funds or in-kind contributions equivalent to, but not less than, 20 percent of the expense of the deputized environmental circuit prosecutor.

SEC. 14.

 Chapter 5 (commencing with Section 14309) of Title 13 of Part 4 of the Penal Code is repealed.

SEC. 15.

 Chapter 6 (commencing with Section 14314) of Title 13 of Part 4 of the Penal Code is amended and renumbered to read:
CHAPTER  5. Implementation and Funding Priorities

SEC. 16.

 Section 14314 of the Penal Code is amended to read:

14314.
 Notwithstanding any other provision of this title, the agency shall not implement this title until there is an amount of one hundred thousand dollars ($100,000) in the account.
Funds in the account shall be divided as follows:
(a) Twenty-five percent or one hundred thousand dollars ($100,000) to the commission, whichever is less.
(b) Twenty-five percent to the secretary for allocation to the Environmental Circuit Prosecutor Project pursuant to Chapter 4 (commencing with Section 14309).
(c) Twenty-five percent to the secretary for allocation to the California District Attorneys Association for training and assistance pursuant to Chapter 3 (commencing with Section 14306).
(d) (1) The balance to the secretary for grants awarded to programs pursuant to Chapter 3 (commencing with Section 14306) or Chapter 4 (commencing with Section 14309) based on need or in order to sustain the current level of presence and enforcement for those programs.
(2) Notwithstanding paragraph (1), the commission may also seek additional funding from the money allocated in this subdivision based on need if the environmental law enforcement training is mandated or if there are substantial changes in the law that require the commission to revise its environmental law courses.
(e) The secretary shall develop an application process for awarding funds to programs pursuant to subdivisions (b), (c), and (d).

SEC. 17.

 Section 14315 of the Penal Code is amended to read:

14315.
 Not later than 36 months after the date when this title may be implemented, as specified in Section 14314, the secretary shall submit a report to the Governor and the Legislature describing the operation and accomplishments of the training programs and the environmental enforcement and prosecution projects funded by this title. The commission shall prepare the section of the report pertaining to the course of instruction authorized in Section 14304 and submit it to the secretary for inclusion in the report.

SEC. 18.

 This act represents the result of meetings among state agencies and stakeholders to craft a long-term solution for support of the Environmental Circuit Prosecutor Project, in accord with the Governor’s directive regarding Assembly Bill 960 of the 2001–02 Regular Session.