BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1205|
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UNFINISHED BUSINESS
Bill No: SB 1205
Author: Escutia (D), et al
Amended: 8/24/06
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-1, 4/4/06
AYES: Dunn, Escutia, Kuehl
NOES: Ackerman
NO VOTE RECORDED: Vacancy
SENATE ENV. QUALITY COMMITTEE : 5-1, 4/24/06
AYES: Simitian, Chesbro, Escutia, Kuehl, Lowenthal
NOES: Runner
NO VOTE RECORDED: Cox
SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/25/06
AYES: Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,
Romero, Torlakson
NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian
SENATE FLOOR : 21-13, 5/30/06
AYES: Alarcon, Alquist, Bowen, Cedillo, Dunn, Escutia,
Figueroa, Kehoe, Kuehl, Lowenthal, Migden, Murray, Ortiz,
Perata, Romero, Scott, Simitian, Soto, Speier, Torlakson,
Vincent
NOES: Aanestad, Ackerman, Ashburn, Battin, Cox, Denham,
Dutton, Hollingsworth, Maldonado, Margett, McClintock,
Morrow, Poochigian
NO VOTE RECORDED: Chesbro, Ducheny, Florez, Machado,
Runner, Vacancy
ASSEMBLY FLOOR : Not available
CONTINUED
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SUBJECT : Air pollution: Childrens Breathing Rights Act:
penalties
SOURCE : Author
DIGEST : This bill enacts the Childrens Breathing Rights
Act and increases the penalty caps for specified
violations.
Assembly Amendments (1) recast the direction that the
dollars collected would be deposited, and (2) recast the
bill with the same intent as when it left the Senate.
ANALYSIS :
Existing law:
1. Provides that violation of an Air Resources Board (ARB)
or air district rule, regulation or permit is guilty of
a misdemeanor, and subject to 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, imprisonment up to nine months.
2. Provides that negligent emission of an air contaminant
in violation of a ARB or air pollution district rule,
regulation, permit or order is guilty of 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 violations as a stationary source
required by federal law to have an operating permit
pursuant to the federal Clean Air Act.
4. Provides that violation of any rule, permit or order
issued by a district results in strict liability for a
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civil penalty of not more than $10,000.
5. Provides that 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 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 the
federal Clean Air Act (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 enacts the Children's Breathing Right Act and
increases the penalty caps for specified violations of
nonvehicular air pollution control laws. Specifically,
this bill:
1. Requires the ARB to post on its web site by January 1,
2008, and annually thereafter, the same information on
air quality violations that local air districts provide
to the United States Environmental Protection Agency in
an open and transparent manner.
2. For local air districts serving a population of more
than 1,000,000, requires judgments and final settlement
agreements entered into by a local air district to be
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posted on the district's web site, if they are public
records. For local air districts serving a population
of less than 1,000,000, requires either the information
be posted on the district's web site or post a statement
explaining how to obtain such information.
3. Increases the maximum penalties for specified violations
of air pollution laws from nonvehicular sources, as
follows:
A. Any person who violates any rule or regulation,
emission limitation, or permit condition is strictly
liable for a civil penalty not to exceed $10,000 for
each day during any portion of which the violation
occurs.
B. 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 is strictly liable for a civil penalty not
to exceed $50,000 for each day during any portion of
which the violation occurs.
C. Where a civil penalty in excess of $5,000 for each
day of violation is sought, there is no liability for
an amount above $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.
D. Any person who owns or operates any source of air
contaminants 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 subject to a fine of not more than
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$25,000 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 that causes actual injury to another
person, is guilty of a misdemeanor and is subject to
a fine of not more than $50,000 or imprisonment in
the county jail for not more than nine months, or
both.
F. Any person who negligently emits an air
contaminant 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 $50,000 or imprisonment in the county jail for
not more than nine months, or both.
G. Any person who negligently emits an air
contaminant that causes actual injury to another
person, is guilty of a misdemeanor and is punishable
by a fine of not more than $75,000 or imprisonment in
the county jail for not more than nine months, or
both.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08
2008-09 Fund
Penalty revenue shift $350 $700
$700Special*
Administrative costs $150
$400Special
* Children's Breathing Rights Fund
SUPPORT : (Verified 6/27/06) (Unable to reverify)
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American Lung Association of California
Breathe California, Los Angeles County
Bus Riders Union
California District Attorneys Association
California Environmental Health & Justice Team of the
Women's Policy Institute
California Environmental Rights Alliance
California Medical Association
California Safe Schools
California Thoracic Society
Children Now
Children's Defense Fund
Children's Health Environmental Coalition
Children's Partnership
Clean Power Campaign
Community Action to Fight Asthma
Environment California
Environmental Working Group
Foundation for Early Childhood Education
Girl Scouts 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
Office of the Attorney General
PHFE Management Solutions
Physicians for Social Responsibility, Los Angeles
PICO California
Planning and Conservation League
Pueblo Y Salud, Inc.
Sierra Club-California
St. Mark AME Church
100% Campaign
OPPOSITION : (Verified 6/27/06) (Unable to reverify)
Agricultural Council of California
Alliance of Western Milk Producers
American Chemistry Council
American Forest and Paper Association
California Air Pollution Control Officer's Association
California Association of Sanitation Agencies
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California Bean Shippers Association
California Chamber of Commerce
California Citrus Mutual
California Cotton Growers Association
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 League of Food Processors
California Manufacturers and Technology Association
California Restaurant Association
California Seed Association
California Warehouse Association
Civil Justice Association of California
Consumer Specialty Products Association
Groceries Manufacturers Association
Industrial Environmental Association
Nisei Farmers League
Sacramento Metropolitan Air Quality Management District
Southern California Alliance of Publicly Owned Treatment
Works
Western Growers
Western Plant Health Association
Western States Petroleum Association
Wine Institute
ARGUMENTS IN SUPPORT : According to the author's office,
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
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
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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's office states that this bill addresses this
problem by increasing caps for serious violations, creating
the Children's Breathing Rights Fund, and by using a
percentage of fines and penalties received to fund
children's health initiatives and enhance enforcement
activities.
ARGUMENTS IN OPPOSITION : Opponents, including the
California Chamber of Commerce, the Agricultural Council of
California, and the Western States Petroleum Association
state: "SB 1205 is based on the false premise that certain
businesses choose to violate existing air rules while
accepting fines as the cost of doing business. The bill is
another unjustified attempt to raise maximum penalties for
violations of permit requirements and air district rules.
The main purpose of the bill appears to be generation of
revenue. Statewide, air quality has consistently improved
over the past 20 plus years, which indicates that the
current emissions control program is working well."
RJG:mel 8/29/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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