BILL NUMBER: AB 1842	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 9, 2016

   An act to amend Section 5650.1 of the Fish and Game Code, relating
to water pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1842, as introduced, Levine. Water: pollution: fines.
   Existing law imposes a maximum civil penalty of $25,000 on a
person who discharges various pollutants or other designated
materials into the waters of the state.
   This bill would impose an additional civil penalty of not more
than $10 for each gallon or pound of polluting material discharged.
The bill would require that the civil penalty be reduced for every
gallon or pound of the illegally discharged material that is
recovered and properly disposed of by the responsible party.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5650.1 of the Fish and Game Code is amended to
read:
   5650.1.  (a)  Every   A  person who
violates Section 5650 is subject to a civil penalty of not more than
twenty-five thousand dollars ($25,000) for each violation.
   (b) The civil penalty imposed for each separate violation pursuant
to this section is separate, and in addition to, any other civil
penalty imposed for a separate violation pursuant to this section or
any other provision of law.
   (c) In determining the amount of  any   a
 civil penalty imposed pursuant to this section, the court shall
take into consideration all relevant circumstances, including, but
not limited to, the nature, circumstance, extent, and gravity of the
violation. In making this determination, the court shall consider the
degree of toxicity and volume of the discharge, the extent of harm
caused by the violation, whether the effects of the violation may be
reversed or mitigated, and with respect to the defendant, the ability
to pay, the effect of any civil penalty on the ability to continue
in business, any voluntary cleanup efforts undertaken, any prior
history of violations, the gravity of the behavior, the economic
benefit, if any, resulting from the violation, and any other matters
the court determines justice may require.
   (d) Every civil action brought under this section shall be brought
by the Attorney General upon complaint by the department, or by the
district attorney or city attorney in the name of the people of the
State of California, and any actions relating to the same violation
may be joined or consolidated.
   (e) In  any   a  civil action brought
pursuant to this chapter in which a temporary restraining order,
preliminary injunction, or permanent injunction is sought, it is not
necessary to allege or prove at any stage of the proceeding that
irreparable damage will occur if the temporary restraining order,
preliminary injunction, or permanent injunction is not issued, or
that the remedy at law is inadequate.
   (f) After the party seeking the injunction has met its burden of
proof, the court shall determine whether to issue a temporary
restraining order, preliminary injunction, or permanent injunction
without requiring the defendant to prove that it will suffer grave or
irreparable harm. The court shall make the determination whether to
issue a temporary restraining order, preliminary injunction, or
permanent injunction by taking into consideration, among other
things, the nature, circumstance, extent, and gravity of the
violation, the quantity and characteristics of the substance or
material involved, the extent of environmental harm caused by the
violation, measures taken by the defendant to remedy the violation,
the relative likelihood that the material or substance involved may
pass into waters of the state, and the harm likely to be caused to
the defendant.
   (g) The court, to the maximum extent possible, shall tailor
 any   a  temporary restraining order,
preliminary injunction, or permanent injunction narrowly to address
the violation in a manner that will otherwise allow the defendant to
continue business operations in a lawful manner.
   (h) All civil penalties collected pursuant to this section shall
not be considered fines or forfeitures as defined in Section 13003
and shall be apportioned in the following manner:
   (1) Fifty percent shall be distributed to the county treasurer of
the county in which the action is prosecuted. Amounts paid to the
county treasurer shall be deposited in the county fish and wildlife
propagation fund established pursuant to Section 13100.
   (2) Fifty percent shall be distributed to the department for
deposit in the Fish and Game Preservation Fund. These funds may be
expended to cover the costs of legal actions or for any other law
enforcement purpose consistent with Section 9 of Article XVI of the
California Constitution. 
   (i) In addition to any other penalty provided by law, a person who
violates Section 5650 is subject to a civil penalty of not more than
ten dollars ($10) for each gallon or pound of polluting material
discharged. The total amount of the civil penalty shall be reduced
for every gallon or pound of the illegally discharged material that
is recovered and properly disposed of by the responsible party.