BILL ANALYSIS
SB 1205
Page 1
Date of Hearing: June 26, 2006
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Loni Hancock, Chair
SB 1205 (Escutia) - As Amended: June 20, 2006
SENATE VOTE : 21-13
SUBJECT : Air pollution: Children's Breathing Rights Act:
penalties.
SUMMARY : Enacts the Children's Breathing Rights Act (Act) and
increases the penalty caps for specified violations.
EXISTING LAW :
1)Provides that violation of an Air Resources Board (ARB) or air
district rule, regulation or permit is a misdemeanor, and
punishable by a fine up to $1,000, imprisonment up to six
months, or both. Owners and operators of a source of air
pollutants which cause actual injury are guilty of a
misdemeanor and subject to a fine of up to $15,000, and
imprisonment up to nine months.
2)Provides that a negligent emission of an air contaminant in
violation of a ARB or air pollution district rule, regulation,
permit or order is a misdemeanor, punishable by a fine up to
$25,000, imprisonment up to nine months, or both. Knowing
emissions are misdemeanors, punishable by a fine up to
$40,000, imprisonment up to one year, or both. Title V
knowing violations are also misdemeanors and are punishable by
a fine up to $10,000.
3)Defines Title V as a stationary source required by federal law
to have an operating permit pursuant to the federal Clean Air
Act (CAA).
4)Provides that violation of any rule, permit or order issued by
a district results in strict liability for a civil penalty of
not more than $10,000.
5)Provides that an intentional or negligent violation of an
order of abatement results in civil liability up to $25,000
per day per violation. Knowing violations of orders trigger
penalties up to $40,000 per day; knowing falsification of
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documents results in a penalty up to $35,000.
6)Provides that any person who owns or operates a source in
violation that emits contaminants which causes actual injury
to the health and safety of the public is liable for a civil
penalty of not more than $15,000.
7)Provides that a person who violates any rule, regulation, or
permit regarding airborne toxic control measures (ATCMs) is
strictly liable for up to $1,000 per day per violation.
Penalties up to $10,000 are authorized for violations of ATCMs
enforced under CAA. The affirmative defense of unintentional,
non-negligent behavior is available when more than $1,000 per
day per violation is sought, unless the violation concerns
fully approved Title V sources, or toxic air contaminant
programs with approved enforcement authority under the CAA.
8)Provides that proceeds from enforcement actions by air
pollution control officers go the treasurer of the district
where the violation occurred.
THIS BILL :
1)Establishes the Act.
2)Increases the maximum penalties for specified violations of
air pollution laws from nonvehicular sources to $10,000, and
to $50,000 in the case of Title V sources.
3)Assess an additional civil penalty of not more than $100,000
per day for each violation committed by a serious violator.
4)Defines "serious violator" to include a person who does any of
the following:
a) Purposely or knowingly disconnects or disables a
monitoring device or method required by an operating
permit;
b) Purposely or knowingly makes any false material
statement, representation, or certification in any form
notice, statement, or report required in connection with a
permit; or,
c) Commits certain high priority violations (HPVs), as that
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term is used in CAA and as articulated in specified
policies of the United States Environmental Protection
Agency (US EPA).
5)Requires ARB to post specified information on its website by
January 1 of each year, the same information on air quality
violations that the local air districts provide to US EPA.
6)Requires local air districts to submit enforcement data in a
specified format to ARB.
7)Authorizes a local air district to enter into a settlement
agreement wherein part of the settlement funds may be directed
to a local fund set up pursuant to this bill called the
Children's Breathing Rights Fund (Fund).
8)Requires money allocated from the Fund to be directed to
community and county organizations and programs addressing
health-related problems caused by air pollution.
9)Requires local air districts to utilize a Children's Breathing
Rights Fund Advisory Committee to determine how money in the
Fund is allocated and awarded.
10)Requires local air districts to report to ARB specified
information regarding settlement funds contributed to each
local Fund and the allocation of that money.
FISCAL EFFECT : Unknown.
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COMMENTS :
1)Background
CAA, enacted in 1970, attempted to create a nationwide solution
to the growing problem of air pollution. Under CAA, US EPA
develops national ambient air quality standards (NAAQS) for
certain pollutants. CAA leaves the decision of how to
implement the NAAQS up to the states through their State
Implementation Plan (SIP). Additionally, CAA mandated the
creation of New Source Performance Standards (NSPS) for new or
modified stationary sources. California's implementation of
CAA, following US EPA's established standards, assigned
creation of standards to ARB. ARB is designated as the state
agency with the primary responsibility for the control of
vehicular air pollution, while local air pollution control
districts are designated with the primary responsibility for
the control of air pollution from stationary sources.
California is divided into 35 air quality districts. Each
district is run by a local air pollution control officer with
discretion over enforcement of air pollution regulations
within that district. Based on the type of violation, maximum
penalties range from between $1,000 to $1,000,000 per
violation per day. No minimum penalty is required, leaving
the amount prosecuted at the discretion of the air pollution
control officer. Offenses are generally strict liability, but
affirmative defenses are allowed when officers seek more than
$1,000 per day for certain non-Title V violations. Title V
violations relate to operating permits required under CAA for
specified stationary sources, such as sources emitting more
than 100 tons per year of a criteria pollutant, affected
sources under acid rain requirements, and solid waste
incinerators.
2)Purpose of Bill
According to the author, this bill addresses the problem of
current fines being a "minor inconvenience" for polluters:
Without increasing penalties for serious or chronic air
polluters, some of California's major air-polluting
industries that put profit over pollution prevention may
find it more cost-effective to violate environmental laws
and place competitors that comply with environmental laws
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at an economic disadvantage.
The included findings and declarations state that air
pollution disproportionately impacts the health of young
children. More than 2.8 million California children are
enrolled in schools "near reported air emissions of
carcinogens, reproductive toxins, nitrogen oxides, sulfur
dioxide or particulate matter." Supporters add that "[o]ver
the course of the last ten years . . . asthma in youth has
increased by 60 percent and is the number one cause of student
absenteeism due to a chronic illness."
The author proposes to address this problem by increasing caps
for serious and chronic violators, creating the Fund, and by
using a portion of settlement agreements to fund local
programs addressing health-related issues caused by air
pollution.
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3)Dual-Referral
This bill is double-referred. Should this bill pass out of this
committee, it will be re-referred to the Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
American Lung Association of California
Breathe California of Los Angeles
Bus Riders Union
California Attorney General Bill Lockyer
California District Attorneys Association
California Environmental Rights Alliance
California League of Conservation Voters
California Medical Association
California Safe Schools
Children's Health Environmental Coalition
Clean Power Campaign
Community Action to Fight Asthma
Environment California
Environmental Working Group
Girl Scout Councils of California
Labor/Community Strategy Center
Latino Issues Forum
Literacy for Environmental Justice
Long Beach Alliance for Children with Asthma
Mexican American Opportunity Foundation
Natural Resources Defense Council
PHFE Management Solutions
Physicians for Social Responsibility Los Angeles
PICO California
Planning and Conservation League
Pueblo & Salud
St. Mark AME Church
Sierra Club California
The 100% Campaign
The California Environmental Health & Justice Team
The Foundation for Early Childhood Education
Union of Concerned Scientists
Opposition
Agricultural Council of California
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Alliance of Western Milk Produers
American Chemistry Council
American Forest and Paper Association
Bay Area Air Quality Management District
California Air Pollution Control Officers Association
California Association of Sanitation Agencies
California Bean Shippers Association
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners Association
California Cotton Growers
California Council for Environmental and Economic Balance
California Farm Bureau Federation
California Grain and Feed Association
California Grape and Tree Fruit League
California Independent Oil Marketers Association
California Independent Petroleum Association
California Restaurant Association
California Seed Association
California Space Authority
California Trade Coalition
California Warehouse Association
Chemical Industry Council
Consumer Specialty Products Association
Grocery Manufacturers Association
Harris Farms
Industrial Environmental Association
Nisei Farmers League
Surface Technology Association
Western Growers
Western Plant Health Association
Western State Petroleum Association
Wine Institute
Analysis Prepared by : Joanne Roy / NAT. RES. / (916) 319-2092