BILL NUMBER:  SB 1433
  VETOED	DATE: 09/28/2010




To the Members of the California State Senate:

I am returning Senate Bill 1433 without my signature.

This bill requires the California Air Resources Board (CARB) to
annually adjust maximum civil and criminal penalties for violations
of air pollution control laws to reflect changes in the California
Consumer Price Index.

This bill is unnecessary.  It is not clear that current penalties for
violating air pollution control laws are failing to achieve the
deterrent effect for which they were originally designed.

California has the most aggressive air pollution control laws in the
nation.  That distinction comes with a responsibility to balance our
environmental goals with our economic goals.

Current law gives CARB and the local air districts broad authority to
assess and negotiate fine amounts with those who violate our air
pollution control laws.   Anecdotal evidence suggests that when
issuing citations, the local air districts do not generally issue
them at the maximum penalty amount.  And when they do, they normally
negotiate those fines lower based on a variety of factors, including
the egregiousness of the violation and the violator's ability to pay
the fines.  Until more evidence is shown to the contrary, current law
seems to strike the correct balance.

For these reasons, I am unable to sign this bill.

Sincerely,



Arnold Schwarzenegger