BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1842


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1842 (Levine) - As Amended April 27, 2016


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          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


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          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.  








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            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


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