BILL ANALYSIS Ó
AB 1842
Page 1
ASSEMBLY THIRD READING
AB
1842 (Levine)
As Amended April 27, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Water |13-0 |Levine, Bigelow, | |
| | |Dababneh, Dodd, | |
| | |Gordon, Cristina | |
| | |Garcia, Gomez, Lopez, | |
| | |Mathis, Medina, | |
| | |Olsen, Salas, | |
| | |Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |15-1 |Gonzalez, Bloom, |Gallagher |
| | |Bonilla, Bonta, | |
| | |Calderon, McCarty, | |
| | |Eggman, Eduardo | |
| | |Garcia, Chau, Holden, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Weber, Wood | |
| | | | |
| | | | |
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AB 1842
Page 2
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 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.
EXISTING LAW:
1)Provides for a base fine/ penalty of up to $2000 on criminal
or $25,000 on civil polluters of state waters.
2)Under criminal proceedings provides for up to a $10 additional
fine/ penalty per gallon or pound of material that is not
removed from state waters. Provides for a similar penalty
under administrative proceedings.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill creates potential increased state and local
revenues, and costs of implementation are minor and absorbable.
COMMENTS: Penalties for violations of the law help ensure that
polluters meet the requirements of the law. Under existing law
the polluting material surcharge that exists through both a
criminal and administrative action is not available to be
applied in a civil case.
This limits the flexibility of a prosecutor especially in the
case where they believe that a criminal action will not be
provable. This leaves a prosecutor with a choice between
suggesting an administrative action where the surcharge would
apply, or pursing a civil action where the surcharge would not
apply. Ultimately this can serve to hinder environmental
AB 1842
Page 3
enforcement. This bill remedies this problem by applying the
polluting material surcharge in civil cases as well.
Opponents assert this bill could potentially increase liability
by subjecting public agencies to double liability, and urge the
bill be amended to allow for only one penalty to be assessed.
The recent amendments respond to this concern by prohibiting a
person form being assessed civil penalties under both this bill
and the Oil Spill Prevention and Response Act.
Analysis Prepared by:
Ryan Ojakian / W., P., & W. / (916) 319-2096
FN: 0002961