BILL ANALYSIS Ó
AB 1842
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CONCURRENCE IN SENATE AMENDMENTS
AB
1842 (Levine)
As Amended August 2, 2016
Majority vote
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|ASSEMBLY: |66-7 |(June 1, 2016) |SENATE: |26-11 |August 15, 2016) |
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Original Committee Reference: W., P., & W.
SUMMARY: Imposes an additional civil penalty of up to $10 per
gallon or pound of 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.
Additionally, this bill prohibits a person from being subject to
both this penalty and the civil penalties imposed under the
Lempert-Keene-Seastrand Oil Spill Prevention and Response Act.
The Senate amendments are technical and clarifies what a
violation is and how penalties apply.
EXISTING LAW:
1)Provides for a base fine/penalty of up to $2000 on criminal or
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$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 material surcharge that exists through both a criminal and
administrative action is not available to be applied in a civil
case. Which 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
enforcement. This bill remedies this problem by applying the
polluting material surcharge in civil cases as well.
Earlier in the legislative process, concerns were raised that
the bill would allow for double penalties for the same event.
Generally speaking, statutory penalty schemes under California
law are non-exclusive. One event may violate multiple laws, and
currently is subject to those multiple laws. This bill does not
permit a double penalty for the same specific violation of
illegal discharge into state waterways, but maintains the
protections of multiple laws that currently may apply to one
event.
Analysis Prepared by:
Ryan Ojakian / W., P., & W. / (916) 319-2096
FN: 0003918
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