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AB-2910 Nonvehicular air pollution: civil penalties.(2021-2022)

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Date Published: 08/26/2022 04:00 AM
AB2910:v94#DOCUMENT

Amended  IN  Senate  August 25, 2022
Amended  IN  Senate  August 11, 2022
Amended  IN  Senate  June 23, 2022
Amended  IN  Assembly  April 20, 2022
Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2910

Introduced by Assembly Member Members Santiago and Wicks
(Coauthors: Assembly Members Carrillo, Cristina Garcia, and Muratsuchi)

February 18, 2022

An act to amend Sections 42402, 42402.1, and 42411 of, and to add Section 42405.7 to, the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 2910, as amended, Santiago. Nonvehicular air pollution: civil penalties.
Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law establishes maximum civil penalties for any person for violations of air pollution laws from nonvehicular sources. A person who violates these laws and who acts negligently is liable for a civil penalty in a greater amount, as specified. Existing law annually adjusts the maximum penalties for violations of these laws based on the California Consumer Price Index.
This bill would increase the maximum amount of those civil penalties and would subject those maximum amounts to the annual adjustment based on the California Consumer Price Index, as specified.
This bill would also require any moneys, above the costs of prosecution and other specified costs, collected from a penalty penalties assessed by an specified air pollution control district or an districts and air quality management district districts in excess of $10,000 for violations of air pollution control laws from nonvehicular sources that occurred in disadvantaged communities to be used to mitigate air pollution in the community or communities affected by the violation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 42402 of the Health and Safety Code is amended to read:

42402.
 (a) Except as provided in Sections 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 fifteen thousand dollars ($15,000).
(b) (1) A person who violates a provision of 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 thirty thousand dollars ($30,000).
(2) (A) If a civil penalty in excess of fifteen thousand dollars ($15,000) 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 conduct or negligent conduct.
(B) Subparagraph (A) does not apply to a violation of a federally enforceable requirement that occurs 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 forty-five thousand dollars ($45,000).
(d) Each day during a portion of which a violation occurs is a separate offense.

SEC. 2.

 Section 42402.1 of the Health and Safety Code is amended to read:

42402.1.
 (a)  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 thirty-five thousand dollars ($35,000).
(b)  A person who negligently emits an air contaminant in violation of Section 41700 that causes great bodily injury, as defined in subdivision (f) of 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. 3.

 Section 42405.7 is added to the Health and Safety Code, to read:

42405.7.
 (a) Any moneys collected from a penalty assessed by a district pursuant to this article above the costs of prosecution and district administration, investigation, attorney fees, and other reasonable district costs shall be used to mitigate air pollution in the community or communities affected by the violation.
(b) Subdivision (a) shall only apply to moneys collected from a penalty that meets all of the following criteria:
(1) The penalty is assessed by the Bay Area Air Quality Management District, the Sacramento Metropolitan Air Quality Management District, the San Diego County Air Pollution Control District, the San Joaquin Valley Unified Air Pollution Control District, or the South Coast Air Quality Management District.
(2) The amount of the penalty exceeds ten thousand dollars ($10,000).
(3) The penalty is assessed for a violation of law that occurred in a disadvantaged community identified pursuant to Section 39711.

SEC. 4.

 Section 42411 of the Health and Safety Code is amended to read:

42411.
 (a) Except as provided in subdivision (b), notwithstanding any other law, maximum penalties assessed by the state board or a district pursuant to this chapter as of January 1, 2018, shall be increased annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(b) Notwithstanding any other law, maximum penalties assessed by the state board or a district pursuant to Section 42402 and subdivision (a) of Section 42402.1 as of January 1, 2023, shall be increased annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.