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. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 42403 of the Health and Safety Code is
2amended to read:
(a) The civil penalties prescribed in Sections 39674,
442401, 42402, 42402.1, 42402.2,begin delete andend delete 42402.3begin insert, and 42402.4end insert shall
5be assessed and recovered in a civil action brought in the name of
6the people of the State of California by the Attorneybegin delete General,end delete
7begin insert General;end insert by any districtbegin delete attorney,end deletebegin insert
attorney; by any city attorney
8of a city having a population in excess of 750,000; by any city
9attorney of a city and county; by a city prosecutor in any city with
10a full-time city prosecutor, with the consent of the district attorney;end insert
11 or by the attorney for any district in which the violation occurs in
12any court of competent jurisdiction.
13(b) In determining the amount assessed, the court, or in reaching
14any settlement, the district, shall take into consideration all relevant
15circumstances, including, but not limited to, the following:
16(1) The extent of harm caused by the violation.
17(2) The nature and persistence of the violation.
18(3) The length of time over which the violation occurs.
19(4) The frequency of past violations.
20(5) The record of maintenance.
21(6) The unproven or innovative nature of the control equipment.
22(7) Any action taken by the defendant, including the nature,
23extent, and time of response of the cleanup and construction
24undertaken, to mitigate the violation.
25(8) The financial burden to the defendant.
Section 42403.5 of the Health and Safety Code is
27amended to read:
(a) Notwithstanding Section 42407, any violation of
2Section 41700 resulting from the engine of any diesel-powered
3bus while idling shall subject the owner to civil penalties assessed
4under this article, which may be recovered pursuant to Section
542403 by the Attorneybegin delete General,end deletebegin insert General;end insert by any districtbegin delete attorney,end delete
6begin insert attorney; by any city attorney of a city having a population in
7excess of 750,000; by any city attorney of a city and county;
by a
8city prosecutor in any city with a full-time city prosecutor, with
9the consent of the district attorney;end insert or by the attorney for any
10district in which the violation occurs in any court of competent
11jurisdiction.
12(b) There is no liability under subdivision (a) if the person
13accused of the violation establishes by affirmative defense that the
14extent of the harm caused does not exceed the benefit accrued to
15bus passengers as a result of idling the engine.
Section 42405 of the Health and Safety Code is
17amended to read:
In an action brought pursuant to Section 42403 by the
19Attorney General on behalf of a district, one-half of the penalty
20collected shall be paid to the treasurer of the district on whose
21behalf judgment was entered, and one-half of the penalty collected
22shall be paid to thebegin delete Stateend delete Treasurer for deposit in the General Fund.
23If the action is brought by the Attorney General on behalf of the
24state board, the entire penalty collected shall be paid to thebegin delete Stateend delete
25 Treasurer for deposit in the General Fund.
26If the action is brought by a district attorneybegin insert;
by any city attorney
27of a city having a population in excess of 750,000; by any city
28attorney of a city and county; by a city prosecutor in any city with
29a full-time city prosecutor, with the consent of the district attorney;end insert
30 or by an attorney for a district, the entire amount of the penalty
31collected shall be paid to the treasurer of thebegin insert city, county, city and
32county, orend insert district on whose behalf judgment was entered.
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