BILL ANALYSIS
SB 1205
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Date of Hearing: August 9, 2006
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
SB 1205 (Escutia) - As Amended: June 20, 2006
Policy Committee: Natural Resources
Vote: 7-3
Judiciary 6-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill expands and increases civil penalties imposed by local
air districts on violators of nonvehicular air pollution control
laws, establishes a process by which a portion of funds
generated by a settlement agreement between a local air district
and a violator may be allocated to community programs addressing
health problems caused by air pollution, and requires enhanced
reporting and availability to the public of air pollution
violations.
FISCAL EFFECT
1)Substantial penalty revenue, potentially in the millions of
dollars annually statewide starting 2006-07, generated by
several increased civil penalties imposed by local air
districts on violators of nonvehicular air pollution control
laws. (Local air district accounts.)
2)Potential shift, in the hundreds of thousands annually
starting in 2007-08, from local air district accounts to a
newly-established Children's Breathing Rights (CBR) Fund in
each district. The size of this shift depends on how many
settlement agreements between local air districts and
violators include an allocation to a local CBR Fund, and the
size of each allocation.
3)Moderate costs to local air districts, probably less than
$250,000 annually statewide starting in 2007-08, to administer
CBR Funds, to create and maintain CBR advisory committees, and
to submit violation date in a specific format to the Air
SB 1205
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Resource Board (ARB). These costs are reimbursable from the
state. (GF)
4)Minor costs, probably less than $75,000 annually starting in
2007-08, to the ARB to process local air district data and to
make this information available on its website. (Air
Pollution Control Fund.)
SUMMARY CONTINUED
Specifically, this bill:
1)Increases, from $1,000 to $10,000, maximum penalties imposed
for violation of several air pollution control laws by
nonvehicular sources.
2)Increases, from $1,000 to $50,000, the maximum penalty imposed
for violation of air pollution control laws by a Title V
source (a major stationary source of air pollutants).
3)Adds a $100,000 per day maximum penalty for each violation
committed by a "serious violator," defined by this bill as any
person who purposely or knowingly disconnects or disables a
monitoring device or method or lies in any permit-required
form, statement, or report, or who commits certain
"high-priority" violations.
4)Requires local air districts to submit enforcement data in a
specific format to the ARB and requires the ARB to post
detailed penalty information on its website by January 1 of
each year.
5)Allows a local air district, when it enters into a settlement
agreement with a violator, to allocate a portion of settlement
funds to a local CBR Fund, established by this bill.
6)Requires money allocated from a CBR Fund to be allocated and
awarded to community and county clinics, schools,
organizations, asthma coalitions, and other entities engaged
in or promoting asthma care management, asthma prevention
activities, and lung health, and other programs and activities
addressing health problems related to air pollution in each
local air district.
COMMENTS
SB 1205
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1)Rationale . The author argues that civil penalties imposed on
refineries and other stationary sources of air pollution for
violating air pollution control laws are not high enough to
adequately deter these entities from continually violating
these laws. The author also believes that a portion of funds
generated by any agreement entered into between a local air
district and a violator to settle a violation for less than
the maximum penalty should be deposited in a local CBR Fund,
which the bill requires to be created in each air district,
and that money in those funds should be allocated for local
health-based programs, including asthma prevention.
2)CAPCOA Opposition . While this bill is supported by several
environmental and health-related and children's advocacy
organizations and is opposed by oil companies and other major
air polluters, the California Air Pollution Control Officers
Association (CAPCOA) opposes SB 1205. CAPCOA, with membership
from all 35 local air districts, believes SB 1205 "would make
enforcement more difficult for air districts and does not
achieve the goal of enhancing penalties in a workable way."
Analysis Prepared by : Steve Archibald / APPR. / (916)
319-2081