BILL ANALYSIS Ó AB 1842 Page 1 Date of Hearing: May 11, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1842 (Levine) - As Amended April 27, 2016 ----------------------------------------------------------------- |Policy |Water, Parks and Wildlife |Vote:|13 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill imposes an additional civil penalty of up to $10 per gallon or pound of polluting material illegally discharged into state waterways. This bill requires the penalty to be reduced by every gallon or pound of the illegally discharged material AB 1842 Page 2 recovered and properly disposed of by the responsible party. This bill prohibits a person from being subject to both this penalty and the civil penalties imposed under the Oil Spill Prevention and Response Act. FISCAL EFFECT: 1)Potential increased state (Fish and Wildlife Pollution Account) and local revenues from civilly-imposed penalties. As an example, for the 2014/2015 fiscal year, penalty assessments for marine oil spills were approximately $148,000, but this figure includes all penalty monies (administrative, civil and criminal) and varies from year-to-year. 2)The initial and long-term costs to DFW for implementation of this authority is minor and absorbable. COMMENTS: 1)Purpose. According to the author, California is home to some of the most beautiful coastline, bays, estuaries, streams, and rivers in the nation. The author intends this bill to protect California's waterways by providing sanctions that reflect the severity of a pollution violation. 2)Background. Existing law provides a base fine or penalty of up to $2,000 for criminal violations or $25,000 for civil violations of the laws that protect the waters of the state from illegal discharges. In addition these criminal and civil penalties, a surcharge of between $1 and $10 per gallon or pound may be imposed for material that is not removed from state waters. However, this surcharge is not available for civil proceedings. AB 1842 Page 3 Criminal proceedings require an offender to be proven guilty beyond a reasonable doubt. A prosecutor who believes the illegal discharge falls short of a provable crime must forgo the surcharge when filing a civil action, or file less severe administrative actions and pursue the surcharge. This bill extends the surcharge for administrative and criminal penalties to civil actions. 3)The Oil Spill Prevention and Response Act. The Act establishes various criminal and civil penalties for the intentional or negligent discharge of oil into waters of the state. Civil and criminal penalties are in addition to any other civil or criminal remedies. Instead, this bill prohibits subjecting violators to both the civil penalties imposed under the Act and this bill. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081 AB 1842 Page 4