BILL NUMBER: AB 1842	CHAPTERED
	BILL TEXT

	CHAPTER  349
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2016
	PASSED THE SENATE  AUGUST 15, 2016
	PASSED THE ASSEMBLY  AUGUST 22, 2016
	AMENDED IN SENATE  AUGUST 2, 2016
	AMENDED IN ASSEMBLY  APRIL 27, 2016

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 9, 2016

   An act to amend Section 5650.1 of the Fish and Game Code, and to
amend Section 8670.61 of the Government Code, relating to water
pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1842, 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 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.
   The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
establishes various civil penalties for conduct in connection with
the intentional or negligent discharging of oil into waters of the
state. Existing law requires civil and criminal penalties provided in
the act to be separate from, and in addition to, and to not
supersede or limit, any and all other remedies, civil or criminal.
   This bill would prohibit a person from being subject to both a
civil penalty described above and a civil penalty imposed pursuant to
the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act
for the same act or failure to act.


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) 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, except as provided in subdivision (j).
   (c) In determining the amount of 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 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 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) Except as provided in subdivision (j), 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 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.
   (j) A person shall not be subject to a civil penalty imposed under
this section and to a civil penalty imposed pursuant to Article 9
(commencing with Section 8670.57) of Chapter 7.4 of Division 1 of
Title 2 of the Government Code for the same act or failure to act.
  SEC. 2.  Section 8670.61 of the Government Code is amended to read:

   8670.61.  The civil and criminal penalties provided in this
chapter and Division 7.8 (commencing with Section 8750) of the Public
Resources Code shall be separate from, and in addition to, and do
not supersede or limit, any and all other remedies, civil or
criminal, except as provided in subdivision (j) of Section 5650.1 of
the Fish and Game Code.