BILL NUMBER: SB 1205 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 24, 2006
AMENDED IN ASSEMBLY AUGUST 21, 2006
AMENDED IN ASSEMBLY JUNE 20, 2006
AMENDED IN SENATE MAY 26, 2006
AMENDED IN SENATE APRIL 18, 2006
AMENDED IN SENATE MARCH 30, 2006
INTRODUCED BY Senator Escutia
(Coauthors: Assembly Members Goldberg, Koretz, Laird, Lieu,
Oropeza, and Pavley)
JANUARY 25, 2006
An act to amend Sections 39674, 42400, 42400.1, 42400.2, 42400.3,
42400.3.5, 42400.3.7, 42400.6, 42401, 42402, 42402.1,
42402.2, 42402.3, and 42402.4 of, and to add Sections 39604.3,
42400.9, 42402.4.5, and 42402.6 to, the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
SB 1205, as amended, Escutia Air pollution: Children's Breathing
Rights Act: penalties.
(1) Existing law vests local and regional authorities, defined as
the governing body of any city, county, or air pollution control
district or air quality management district, with the primary
responsibility for control of air pollution from all sources other
than vehicular sources. Existing law establishes maximum criminal and
civil penalties for any person, as defined, for violations of air
pollution laws from nonvehicular sources.
This bill would enact the Children's Breathing Rights Act, which
would increase the maximum penalties for specified violations of air
pollution laws, as provided. The bill would punish specified
violations of air pollution laws that result in substantial risk of
actual injury, as specified. The bill would punish making certain
fake false statements, representations,
or certifications with intent to deceive , as
specified. The bill would require the state board to post on its
Internet Web site information on air quality violations, as
specified. The bill would require the districts to report to the
state board this information and jointly develop with the state board
a format for presenting this information, as specified.
Because this bill would impose new duties on local air districts,
this bill would create a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Children's Breathing Rights Act.
SEC. 2. (a) The Legislature finds and declares all of the
following:
(1) Breathing clean and healthy air is a right of all
Californians, especially our children, whose health suffers
disproportionately when our air is polluted.
(2) Reduced lung growth and function, new asthma cases,
respiratory complications for asthmatics, and increased school
absences from respiratory illnesses are just some of the consequences
our children face if we fail to protect that right.
(3) The most recent available state and federal data reveal that
more than 245 million pounds of industrial air pollution were emitted
near California schools in 1995. Statewide, more than 2.8 million
children were enrolled in schools located near reported air emissions
of carcinogens, reproductive toxins, heavy metals, nitrogen oxides,
sulfur dioxide, or particulate matter.
(4) If we improve the statutes penalizing
governing violations of our air quality laws and ensure that
adequate penalties are not so low as to be a
minor inconvenience to a serious air polluter
available to deter even the most serious air pollution
violations , our children's right to clean and healthy air can
be better protected, as can the right to environmental justice
provided in Section 65040.12 of the Government Code, that is, the
fair treatment of people of all races, cultures, and income with
respect to the enforcement of environmental laws, regulations, and
policies. If we improve the enforcement of our air quality laws, we
will avoid future economic and social costs of air pollution.
(b) It is the intent of the Legislature to improve compliance with
air quality laws, to increase penalties for serious violators of air
pollution laws and to use enhanced penalties to improve air
pollution enforcement activities, and to create a
statewide database that would provide transparency regarding
violations, including serious violations , to help fund
local children's health initiatives, and to help fund asthma asthma
care management and asthma prevention activities, and other programs
or activities addressing health problems related to air pollution in
schools and local communities .
SEC. 3. Section 39604.3 is added to the Health and Safety Code, to
read:
39604.3. (a) (1) Notwithstanding Section 39604, the state board
shall post on its Internet Web site, by January 1, 2008, and by
January 1 of each year thereafter, the same information on air
quality violations that the districts provide to the United States
Environmental Protection Agency. The state board shall also provide a
link on its Internet Web site to the Internet Web sites of the
districts. To protect confidentiality, the state board may require a
password for certain areas of their Internet Web site.
(2) Each district shall submit the information described in
paragraph (1) to the state board, and the state board and the
districts shall jointly develop a format for presenting this
information. The format shall ensure that the data is presented in an
open and transparent manner that is, to the greatest extent
possible, readily accessible to, and understandable by, the public
and that is compatible with enforcement data
provided by other state environmental agencies.
(b) (1) Commencing January 1, 2008, every judgment entered in an
action brought by a district and every final settlement agreement
entered into by a district to enforce any provision of law that is
administered by the district shall be posted on the district's
Internet Web site, if the judgment or settlement agreement is in the
public record.
(2) Paragraph (1) shall apply only to districts with a population
greater than one million. A district with a population of less than
one million that maintains an Internet Web site shall either comply
with paragraph (1) or post a statement on its Internet Web site
informing the public how to request information in the public record
regarding judgments and settlement agreements.
(3) For the purposes of this subdivision, a judgment or settlement
agreement is final when the time for judicial review has expired, or
when all means of judicial review have been exhausted.
(4) A judgment or settlement agreement posted pursuant to this
subdivision shall be posted for not less than one year.
SEC. 4. Section 39674 of the Health and Safety Code is amended to
read:
39674. (a) Except as otherwise provided in subdivision (b), any
person who violates any rule or regulation, emission limitation, or
permit condition adopted pursuant to Section 39659 or Article 4
(commencing with Section 39665) or which is implemented and enforced
as authorized by subdivision (b) of Section 39658 is strictly liable
for a civil penalty not to exceed ten thousand dollars ($10,000) for
each day during any portion of which the violation occurs.
(b) (1) Any person who violates any rule or regulation, emission
limitation, permit condition, order fee requirement, filing
requirement, duty to allow or carry out inspection or monitoring
activities, or duty to allow entry for which delegation or approval
of implementation and enforcement authority has been obtained
pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42
U.S.C. Section 7412(l)) or the regulations adopted pursuant thereto,
adopted pursuant to Section 39659 or Article 4 (commencing with
Section 39665) or which is implemented and enforced as authorized by
subdivision (b) of Section 39658 is strictly liable for a civil
penalty not to exceed fifty thousand dollars ($50,000) for each day
during any portion of which the violation occurs.
(2) Where a civil penalty in excess of five thousand dollars
($5,000) for each day of violation is sought, there is no liability
under subdivision (a) or paragraph (1) for an amount above five
thousand dollars ($5,000) for each day during any portion of which a
violation occurs, if the person accused of the violation alleges by
affirmative defense and establishes that the violation is caused by
an act which was not the result of intentional or negligent conduct.
In a district in which a Title V permit program has been fully
approved, this paragraph shall not apply to a violation of federally
enforceable requirements that occur at a Title V source.
(3) Paragraph (2) shall not apply to a violation of a toxic air
contaminant rule, regulation, permit, order, fee requirement, filing
requirement, duty to allow or carry out inspection or monitoring
activities, or duty to allow entry for which delegation or approval
of implementation and enforcement authority has been obtained
pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42
U.S.C. Sec. 7412(l)), or the regulations adopted pursuant thereto.
SEC. 5. Section 42400 of the Health and Safety Code is amended to
read:
42400. (a) Except as otherwise provided in Section 42400.1,
42400.2, 42400.3, 42400.3.5, or 42400.4, any person who violates this
part, or any rule, regulation, permit, or order of the state board
or of a district, including a district hearing board, adopted
pursuant to Part 1 (commencing with Section 39000) to Part 4
(commencing with Section 41500), inclusive, is guilty of a
misdemeanor and is subject to a fine of not more than ten thousand
dollars ($10,000) or imprisonment in the county jail for not more
than six months, or both.
(b) If a violation under subdivision (a) with regard to the
failure to operate a vapor recovery system on a gasoline cargo tank
is directly caused by the actions of an employee under the
supervision of, or of any independent contractor working for, any
person subject to this part, the employee or independent contractor,
as the case may be, causing the violation is guilty of a misdemeanor
and is punishable as provided in subdivision (a). That liability
shall not extend to the person employing the employee or retaining
the independent contractor, unless that person is separately guilty
of an action that violates this part.
(c) Any person who owns or operates any source of air contaminants
in violation of Section 41700 that causes a substantial risk of
actual injury, as defined in subdivision (e), to another person,
whether the risk of injury is immediate or in the future, is guilty
of a misdemeanor and is subject to a fine of not more than
twenty-five thousand dollars ($25,000) or imprisonment in the county
jail for not more than nine months or both.
(d) Any person who owns or operates any source of air contaminants
in violation of Section 41700 that causes actual injury, as defined
in subdivision (e), to another person, is guilty of a misdemeanor and
is subject to a fine of not more than fifty thousand dollars
($50,000) or imprisonment in the county jail for not more than nine
months, or both.
(e) As used in this section, "actual injury" means any physical
injury that, in the opinion of a licensed physician and surgeon,
requires medical treatment involving more than a physical
examination.
(f) Each day during any portion of which a violation of
subdivision (a), (c), or (d) occurs is a separate offense.
SEC. 6. Section 42400.1 of the Health and Safety Code is amended
to read:
42400.1. (a) Any person who negligently emits an air contaminant
in violation of any provision of this part or any rule, regulation,
permit, or order of the state board or of a district pertaining to
emission regulations or limitations is guilty of a misdemeanor and is
punishable by a fine of not more than twenty-five thousand dollars
($25,000), or imprisonment in a county jail for not more than nine
months, or both.
(b) Any person who negligently emits an air contaminant in
violation of Section 41700 that causes a substantial risk of actual
injury, as defined in subdivision (e) of Section 42400, to another
person, whether the risk of injury is immediate or in the future, is
guilty of a misdemeanor and is punishable by a fine of not more than
fifty thousand dollars ($50,000) or imprisonment in the county jail
for not more than nine months, or both.
(c) Any person who negligently emits an air contaminant in
violation of Section 41700 that causes actual injury, as defined in
subdivision (e) of Section 42400, to another person, is guilty of a
misdemeanor and is punishable by a fine of not more than seventy-five
thousand dollars ($75,000) or imprisonment in the county jail for
not more than nine months, or both.
(d) Any person who negligently emits an air contaminant in
violation of Section 41700 that causes great bodily injury, as
defined by Section 12022.7 of the Penal Code, to, or death of, any
person, is guilty of a misdemeanor and is punishable by a fine of not
more than one hundred thousand dollars ($100,000), or imprisonment
in a county jail for not more than one year, or both.
(e) Each day during any portion of which a violation occurs is a
separate offense.
SEC. 7. Section 42400.2 of the Health and Safety Code is amended
to read:
42400.2. (a) Any person who emits an air contaminant in violation
of any provision of this part, or any order, rule, regulation, or
permit of the state board or of a district pertaining to emission
regulations or limitations, and who knew of the emission and failed
to take corrective action within a reasonable period of time under
the circumstances, is guilty of a misdemeanor and is punishable by a
fine of not more than forty thousand dollars ($40,000), or
imprisonment in a county jail for not more than one year, or both.
(b) For purposes of this section, "corrective action" means the
termination of the emission violation or the grant of a variance from
the applicable order, rule, regulation, or permit pursuant to
Article 2 (commencing with Section 42350). If a district regulation
regarding process upsets or equipment breakdowns would allow
continued operation of equipment which is emitting air contaminants
in excess of allowable limits, compliance with that regulation is
deemed to be corrective action.
(c) Any person who owns or operates any source of air contaminants
in violation of Section 41700 that causes a substantial risk of
actual injury, as defined in subdivision (e) of Section 42400, to
another person, whether the risk of injury is immediate or in the
future, and who knew of the discharge and failed to take corrective
action within a reasonable period of time under the circumstances, is
guilty of a misdemeanor and is subject to a fine of not more than
seventy-five thousand dollars ($75,000), or imprisonment in the
county jail for not more than nine months, or both.
(d) Any person who owns or operates any source of air contaminants
in violation of Section 41700 that causes actual injury, as defined
in subdivision (e) of Section 42400, to another person, and who knew
of the discharge and failed to take corrective action within a
reasonable period of time under the circumstances, is guilty of a
misdemeanor and is subject to a fine of not more than one hundred
thousand dollars ($100,000), or imprisonment in the county jail for
not more than nine months, or both.
(e) Any person who owns or operates any source of air contaminants
in violation of Section 41700 that causes great bodily injury, as
defined by Section 12022.7 of the Penal Code, to, or death of, any
person, and who knew of the emission and failed to take corrective
action within a reasonable period of time under the circumstances, is
guilty of a misdemeanor and is punishable by a fine of not more than
two hundred fifty thousand dollars ($250,000), or imprisonment in a
county jail for not more than one year, or both.
(f) Each day during any portion of which a violation occurs
constitutes a separate offense.
SEC. 8. Section 42400.3 of the Health and Safety Code is amended
to read:
42400.3. (a) Any person who willfully and intentionally emits an
air contaminant in violation of any provision of this part or any
rule, regulation, permit, or order of the state board or of a
district, pertaining to emission regulations or limitations, is
guilty of a misdemeanor and is punishable by a fine of not more than
seventy-five thousand dollars ($75,000), or imprisonment in a county
jail for not more than one year, or both.
(b) Any person who willfully and intentionally, or with reckless
disregard for the risk of causing actual injury, as defined in
subdivision (e) of Section 42400, emits an air contaminant in
violation of Section 41700 that causes a substantial risk of actual
injury to another person, whether the risk of injury is immediate or
in the future, is guilty of a misdemeanor and is punishable by a fine
of not more than one hundred thousand dollars ($100,000), or
imprisonment in a county jail for not more than one year, or both.
(c) Any person who willfully and intentionally, or with reckless
disregard for the risk of causing actual injury, as defined in
subdivision (e) of Section 42400, emits an air contaminant in
violation of Section 41700 that causes actual injury to another
person, is guilty of a misdemeanor and is punishable by a fine of not
more than one hundred twenty-five thousand dollars ($125,000), or
imprisonment in a county jail for not more than one year, or both.
However, if the defendant is a corporation, the maximum fine is two
hundred fifty thousand dollars ($250,000).
(d) Any person who willfully and intentionally, or with reckless
disregard for the risk of great bodily injury, as defined by Section
12022.7 of the Penal Code, to, or death of, any person, emits an air
contaminant in violation of Section 41700 that results in any
unreasonable risk of great bodily injury to, or death of, any person,
is guilty of a public offense and is punishable by a fine of not
more than one hundred fifty thousand dollars ($150,000), or
imprisonment in a county jail for not more than one year, or both.
However, if the defendant is a corporation, the maximum fine is five
hundred thousand dollars ($500,000).
(e) Any person who willfully and intentionally, or with reckless
disregard for the risk of great bodily injury, as defined by Section
12022.7 of the Penal Code, to, or death of, any person emits an air
contaminant in violation of Section 41700 that causes great bodily
injury to, or death of, any person is guilty of a public offense, and
is punishable by a fine of not more than five hundred thousand
dollars ($500,000), or imprisonment in a county jail for not more
than one year, or both that fine and imprisonment, or is punishable
by a fine of not more than five hundred thousand dollars ($500,000),
or imprisonment in the state prison, or by both that fine and
imprisonment. If the defendant is a corporation, the maximum fine is
one million dollars ($1,000,000).
(f) Each day during any portion of which a violation occurs
constitutes a separate offense.
(g) This section does not preclude punishment under Section 189 or
192 of the Penal Code or any other provision of law that provides a
more severe punishment.
(h) For the purposes of this section:
(1) "Great bodily injury" means great bodily injury as defined by
Section 12022.7 of the Penal Code.
(2) "Imprisonment in state prison" means imprisonment in the state
prison for 16 months, or two or three years.
(3) "Unreasonable risk of great bodily injury or death" means
substantial probability of great bodily injury or death.
SEC. 9. Section 42400.3.5 of the Health and Safety Code is amended
to read:
42400.3.5. (a) Any person
who knowingly violates any rule, regulation, permit, order, fee
requirement, or filing requirement of the state board or of a
district, including a district hearing board, that is adopted for the
control of toxic air contaminants pursuant to Part 1 (commencing
with Section 39000) to Part 4 (commencing with Section 41500),
inclusive, and for which delegation or approval of implementation and
enforcement authority has been obtained pursuant to subdivision (l)
of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412( l)), or the
regulations adopted pursuant thereto, is guilty of a misdemeanor and
is subject to a fine of not more than ten thousand dollars ($10,000)
or imprisonment in the county jail for not more than six months, or
both.
(b) (1) Any person who knowingly makes any false material
statement, representation, or certification in any form or in any
notice or report required by a rule or regulation adopted or permit
issued for the control of toxic air contaminants pursuant to Part 1
(commencing with Section 39000) to Part 4 (commencing with Section
41500), inclusive, and for which delegation or approval of
implementation and enforcement authority has been obtained pursuant
to subdivision (l) of Section 112 of the Clean Air Act (42 U.S.C.
Sec. 7412(l)), or the regulations adopted pursuant thereto, or who
knowingly renders inaccurate any monitoring device required by that
toxic air contaminant rule, regulation, or permit is subject to a
fine of not more than fifty thousand dollars ($50,000) or
imprisonment in the county jail for not more than nine months, or
both.
(2) Any person who with the intent to deceive makes any false
material statement, representation, or certification in any form or
in any notice or report required by a rule or regulation adopted or
permit issued for the control of toxic air contaminants pursuant to
Part 1 (commencing with Section 39000) to Part 4 (commencing with
Section 41500), inclusive, and for which delegation or approval of
implementation and enforcement authority has been obtained pursuant
to subdivision (l) of Section 112 of the federal Clean Air Act or the
regulations adopted pursuant thereto, or who with an intent to
deceive renders inaccurate any monitoring device required by that
toxic air contaminant rule, regulation, or permit, is subject to a
fine of not more than one hundred thousand dollars ($100,000) or
imprisonment in the county jail for not more than one year, or both.
(c) Any person who, knowingly and with intent to deceive,
falsifies any document required to be kept pursuant to any provision
of this part, or any rule, regulation, permit, notice to comply, or
order of the state board or of a district, is punishable as provided
in paragraph (2) of subdivision (b).
(d) Nothing in this section shall preclude prosecution under any
other law.
SEC. 10. Section 42400.3.7 is added to the
Health and Safety Code , to read:
42400.3.7. (a) Any person who knowingly makes any false material
statement, representation, or certification in any form or in any
notice or report required to be kept pursuant to any provision of
this part, or any rule, regulation, permit, or order of the state
board or of a district, including a district hearing board, or who
knowingly renders inaccurate any monitoring device required by such
rule, regulation, permit, or order, is subject to a fine of not more
than fifty thousand dollars ($50,000) or imprisonment in the county
jail for not more than nine months, or both.
(b) Any person who knowingly and with intent to deceive makes any
false material statement, representation, or certification in any
form or in any notice or report required to be kept pursuant to any
provision of this part, or any rule, regulation, permit, or order of
the state board or of a district, including a district hearing board,
or who knowingly and with intent to deceive renders inaccurate any
monitoring device required by such rule, regulation, permit, or
order, is subject to a fine of not more than one hundred thousand
dollars ($100,000) or imprisonment in the county jail for not more
than one year, or both.
(c) Nothing in this section shall preclude prosecution under any
other law.
SEC. 10. SEC. 11. Section 42400.6 of
the Health and Safety Code is amended to read:
42400.6. A fine or monetary penalty specified in Section 39674,
subdivisions (a) and (b) of Section 42400, Section 42402, or
subdivision (a) of Section 44381 of this code, that may be imposed as
the result of conduct that is also subject to Chapter 5 (commencing
with Section 17200) of Part 2 of Division 7 of the Business and
Professions Code, may be collected either under those provisions of
this code, or under that chapter of the Business and Professions
Code, but not under both.
SEC. 11. SEC. 12. Section 42400.9 is
added to the Health and Safety Code, to read:
42400.9. An act or omission that is criminally punishable in
different ways by different provisions of this article shall be
punished under the provision that provides for the highest maximum
penalty, but in no case shall the act or omission be punished under
more than one provision.
SEC. 12. SEC. 13. Section 42401 of
the Health and Safety Code is amended to read:
42401. Except as otherwise provided in subdivision (b) of Section
42402, any person who intentionally or negligently violates any
order of abatement issued by a district pursuant to Section 42450, by
a hearing board pursuant to Section 42451, or by the state board
pursuant to Section 41505 is liable for a civil penalty of not more
than twenty-five thousand dollars ($25,000) for each day in which the
violation occurs.
SEC. 13. SEC. 14. Section 42402 of
the Health and Safety Code is amended to read:
42402. (a) Except as provided in Sections 42402.1, 42402.2,
42402.3, and 42402.4, any person who violates this part, any order
issued pursuant to Section 42316, or any rule, regulation, permit, or
order of a district, including a district hearing board, or of the
state board issued pursuant to Part 1 (commencing with Section 39000)
to Part 4 (commencing with Section 41500), inclusive, is strictly
liable for a civil penalty of not more than ten thousand dollars
($10,000).
(b) (1) Any person who violates any provision of this part, any
order issued pursuant to Section 42316, or any rule, regulation,
permit or order of a district, including a district hearing board, or
of the state board issued pursuant to Part 1 (commencing with
Section 39000) to Part 4 (commencing with Section 41500), inclusive,
is strictly liable for a civil penalty of not more than fifty
thousand dollars ($50,000).
(2) (A) If a civil penalty in excess of five thousand dollars
($5,000) for each day in which a violation occurs is sought, there is
no liability under subdivision (a) or paragraph (1) for an amount
above five thousand dollars ($5,000) for each day during any portion
of which a violation occurs, if the person accused of the violation
alleges by affirmative defense and establishes that the violation was
caused by an act that was not the result of intentional nor
negligent conduct.
(B) Subparagraph (A) shall not apply to a violation of federally
enforceable requirements that occur at a Title V source in a district
in which a Title V permit program has been fully approved.
(C) Subparagraph (A) does not apply to a person who is determined
to have violated an annual facility emissions cap established
pursuant to a market based incentive program adopted by a district
pursuant to subdivision (b) of Section 39616.
(c) Any person who owns or operates any source of air contaminants
in violation of Section 41700 that causes a substantial risk of
actual injury, as defined in subdivision (e) of Section 42400, to
another person, whether the risk of injury is immediate or in the
future, is liable for a civil penalty of not more than twenty-five
thousand dollars ($25,000).
(d) Any person who owns or operates any source of air contaminants
in violation of Section 41700 that causes actual injury, as defined
in subdivision (e) of Section 42400, to another person, is liable for
a civil penalty of not more than fifty thousand dollars ($50,000).
(e) Each day during any portion of which a violation occurs is a
separate offense.
SEC. 14. SEC. 15. Section 42402.1 of
the Health and Safety Code is amended to read:
42402.1. (a) Any person who negligently emits an air contaminant
in violation of this part or any rule, regulation, permit, or order
of the state board or of
a district, including a district hearing board, pertaining to
emission regulations or limitations is liable for a civil penalty of
not more than twenty-five thousand dollars ($25,000).
(b) Any person who negligently emits an air contaminant in
violation of Section 41700 that causes a substantial risk of actual
injury, as defined in subdivision (e) of Section 42400, to another
person, whether the risk of injury is immediate or in the future, is
liable for a civil penalty of not more than fifty thousand dollars
($50,000).
(c) Any person who negligently emits an air contaminant in
violation of Section 41700 that causes actual injury, as defined in
subdivision (e) of Section 42400, to another person is liable for a
civil penalty of not more than seventy-five thousand dollars
($75,000).
(d) Any person who negligently emits an air contaminant in
violation of Section 41700 that causes great bodily injury, as
defined by Section 12022.7 of the Penal Code, to any person or that
causes the death of any person, is liable for a civil penalty of not
more than one hundred thousand dollars ($100,000).
(e) Each day during any portion of which a violation occurs is a
separate offense.
SEC. 15. SEC. 16. Section 42402.2 of
the Health and Safety Code is amended to read:
42402.2. (a) Any person who emits an air contaminant in violation
of any provision of this part, or any order, rule, regulation, or
permit of the state board or of a district, including a district
hearing board, pertaining to emission regulations or limitations, and
who knew of the emission and failed to take corrective action, as
defined in subdivision (b) of Section 42400.2, within a reasonable
period of time under the circumstances, is liable for a civil penalty
of not more than forty thousand dollars ($40,000).
(b) Any person who emits an air contaminant in violation of
Section 41700 that causes a substantial risk of actual injury, as
defined in subdivision (e) of Section 42400, to another person,
whether the risk of injury is immediate or in the future, and who
knew of the discharge and failed to take corrective action, as
defined in subdivision (b) of Section 42400.2, within a reasonable
period of time under the circumstances, is liable for a civil penalty
of not more than seventy-five thousand dollars ($75,000).
(c) Any person who emits an air contaminant in violation of
Section 41700 that causes actual injury, as defined in subdivision
(e) of Section 42400, to another person, and who knew of the
discharge and failed to take corrective action, as defined in
subdivision (b) of Section 42400.2, within a reasonable period of
time under the circumstances, is liable for a civil penalty of not
more than one hundred thousand dollars ($100,000).
(d) Any person who owns or operates any source of air contaminants
in violation of Section 41700 that causes great bodily injury, as
defined by Section 12022.7 of the Penal Code, to any person or that
causes the death of any person, and who knew of the emission and
failed to take corrective action, as defined in subdivision (b) of
Section 42400.2, within a reasonable period of time under the
circumstances, is liable for a civil penalty not to exceed two
hundred fifty thousand dollars ($250,000).
(e) Each day during any portion of which a violation occurs is a
separate offense.
SEC. 16. SEC. 17. Section 42402.3 of
the Health and Safety Code is amended to read:
42402.3. (a) Any person who willfully and intentionally emits an
air contaminant in violation of this part or any rule, regulation,
permit, or order of the state board, or of a district, including a
district hearing board, pertaining to emission regulations or
limitations, is liable for a civil penalty of not more than
seventy-five thousand dollars ($75,000).
(b) Any person who willfully and intentionally, or with reckless
disregard for the risk of causing actual injury, as defined in
subdivision (e) of Section 42400, emits an air contaminant in
violation of Section 41700 that result in a substantial risk of
actual injury to another person, whether the risk of injury is
immediate or in the future, is liable for a civil penalty of not more
than one hundred thousand dollars ($100,000).
(c) Any person who willfully and intentionally, or with reckless
disregard for the risk of causing actual injury, as defined in
subdivision (e) of Section 42400, emits an air contaminant in
violation of Section 41700 that results in actual injury to another
person, is liable for a civil penalty of not more than one hundred
twenty-five thousand dollars ($125,000). If the defendant is a
corporation, the maximum fine shall be two hundred fifty thousand
dollars ($250,000).
(d) Any person who willfully and intentionally, or with reckless
disregard for the risk of great bodily injury, as defined by Section
12022.7 of the Penal Code, to, or death of, any person, emits an air
contaminant in violation of Section 41700 that results in an
unreasonable risk of great bodily injury to, or death of, any person,
is liable for a civil penalty of not more than one hundred one
hundred fifty thousand dollars ($150,000). If the violator is a
corporation, the maximum penalty is five hundred thousand dollars
($500,000).
(e) Any person who willfully and intentionally, or with reckless
disregard for the risk of great bodily injury, as defined by Section
12022.7 of the Penal Code, to, or death of, any person, emits an air
contaminant in violation of Section 41700 that causes great bodily
injury, as defined by Section 12022.7 of the Penal Code, to any
person or that causes the death of any person, is liable for a civil
penalty of not more than two hundred fifty thousand dollars
($250,000) five hundred thousand dollars ($500,000)
. If the violator is a corporation, the maximum penalty may be
up to one million dollars ($1,000,000).
(f) Each day during any portion of which a violation occurs is a
separate offense.
SEC. 17. Section 42402.4 of the Health and
Safety Code is amended to read:
42402.4. Any person who knowingly and with intent to deceive,
falsifies any document required to be kept pursuant to any provision
of this part, or any rule, regulation, permit, or order of the state
board or of a district, including a district hearing board, is liable
for a civil penalty of not more than one hundred thousand dollars
($100,000).
SEC. 18. Section 42402.4 of the Health
and Safety Code is amended to read:
42402.4. (a) Any person who knowingly makes any false
material statement, representation, or certification in any form or
in any notice or report required to be kept pursuant to any provision
of this part, or any rule, regulation, permit, or order of the state
board or of a district, including a district hearing board, or who
knowingly renders inaccurate any monitoring device required by any
such rule, regulation, permit, or order, is liable for a civil
penalty of not more than fifty thousand dollars ($50,000).
(b) Any person who knowingly and with intent
to deceive, falsifies any document makes any
false material statement, representation, or certification in any
form or in any notice or report required to be kept pursuant to
any provision of this part, or any rule, regulation, permit, or
order of the state board or of a district, including a district
hearing board, or who knowingly and with intent to deceive
renders inaccurate any monitoring device required by any such rule,
regulation, permit, or order, is liable for a civil penalty of
not more than thirty-five thousand dollars ($35,000)
one hundred thousand dollars ($100,000) .
SEC. 18. SEC. 19. Section 42402.4.5
is added to the Health and Safety Code, to read:
42402.4.5. (a) Any person
who knowingly violates any rule, regulation, permit, order, fee
requirement, or filing requirement of the state board or of a
district, including a district hearing board, that is adopted for the
control of toxic air contaminants pursuant to Part 1 (commencing
with Section 39000) to Part 4 (commencing with Section 41500),
inclusive, and for which delegation or approval of implementation and
enforcement authority has been obtained pursuant to subdivision (l)
of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412(l)), or the
regulations adopted pursuant thereto, is liable for a civil penalty
of not more than ten thousand dollars ($10,000).
(b) (1) Any person who knowingly makes any false material
statement, representation, or certification in any form or in any
notice or report required by a rule or regulation adopted or permit
issued for the control of toxic air contaminants pursuant to Part 1
(commencing with Section 39000) to Part 4 (commencing with Section
41500), inclusive, and for which delegation or approval of
implementation and enforcement authority has been obtained pursuant
to subdivision (l) of Section 112 of the Clean Air Act (42 U.S.C.
Sec. 7412(l)), or the regulations adopted pursuant thereto, or who
knowingly renders inaccurate any monitoring device required by that
toxic air contaminant rule, regulation, or permit is liable for a
civil penalty of not more than fifty thousand dollars ($50,000).
(2) Any person who, with the intent to deceive, makes any false
material statement, representation, or certification in any form or
in any notice or report required by a rule or regulation adopted or
permit issued for the control of toxic air contaminants pursuant to
Part 1 (commencing with Section 39000) to Part 4 (commencing with
Section 41500), inclusive, and for which delegation or approval of
implementation and enforcement authority has been obtained pursuant
to subdivision (l) of Section 112 of the federal Clean Air Act or the
regulations adopted pursuant thereto, or who with an intent to
deceive renders inaccurate any monitoring device required by that
toxic air contaminant rule, regulation, or permit, is liable for a
civil penalty of not more than one hundred thousand dollars
($100,000).
(c) Any person who, knowingly and with the intent to deceive,
falsifies any document required to be kept pursuant to any provision
of this part, or any rule, regulation, permit, notice to comply, or
order of the state board or of a district, is punishable as provided
in paragraph (2) of subdivision (b).
SEC. 19. SEC. 20. Section 42402.6 is
added to the Health and Safety Code, to read:
42402.6. An act or omission that is punishable by different civil
penalties pursuant to different provisions of this article shall be
punished under the provision that provides for the highest maximum
civil penalty.
SEC. 20. SEC. 21. If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.