BILL ANALYSIS Ó
AB 1685
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Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1685 (Gomez) - As Amended April 11, 2016
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill increases maximum civil penalties for violations of
California Air Resources Board (ARB) regulations, orders, or
rules, regarding vehicles emissions to bring penalty assessments
into alignment with those of the United States Environmental
AB 1685
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Protection Agency (U.S. EPA). Specifically, this bill:
1)Increases the maximum civil penalty, from $500 to $37,000 per
action for violations of certain air quality orders, rules, or
regulations adopted by ARB.
2)Provides that violations involving portable fuel containers or
small off-road engines remain subject to civil penalties of up
to $500 per.
3)Authorizes ARB to adjust the above maximum penalties based on
the California Consumer Price Index without having to go
through rulemaking procedures.
FISCAL EFFECT:
Unknown additional penalty revenue, which would be deposited
into the Air Pollution Control Fund.
COMMENTS:
1)Background. To address transportation sector emissions, both
ARB and U.S. EPA regulations require that, prior to
introducing a vehicle for sale, a manufacturer must
demonstrate that the vehicle meets certain emissions
standards. In California, manufacturers must additionally
demonstrate compliance with state air-quality standards and
manufacturers who fail to comply are subject to civil
penalties and other enforcement actions.
AB 1685
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2)Purpose. According to the author's office, ARB's current
penalty levels were established in the 1970s, and over time,
the penalty amount has degraded in its deterrent effect as the
price of cars and other large equipment has risen
significantly. Despite the state's strict emissions standards
and worst-in-the-nation air pollution, the state's penalty
levels have trailed far behind those at the federal level for
similar violations.
AB 1685 brings California's penalties for mobile source
violations in line with their federal counterparts in order to
more effectively deter noncompliance with the state's air
quality regulations, thus better protecting public health and
the environment, preventing unfair competition for those
manufacturers playing by the rules, and ensuring that
California meets its pollution reduction and climate goals.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081