AB 1827, as amended, Patterson. State bodies:begin insert environmental agencies:end insert administrative and civil penalties.
Existing law authorizes certain state bodies to impose and enforce civil and administrative penalties upon businesses for regulatory violations.begin insert Existing law establishes the California Environmental Protection Agency and the Natural Resources Agency and various boards, commissions, departments, divisions, and offices within those 2 agencies.end insert
This bill would state the intent of the Legislature to enact legislation to require all state bodies to allow specified businesses to cure minor violations that do not cause actual public harm or physical injury prior to the imposition of civil penalties, administrative penalties, or both. This bill would state legislative findings regarding enforcement programs.
end deleteThis bill would require an agency, board, commission, department, division, or office within the California Environmental Protection Agency or the Natural Resources Agency, prior to the imposition of an administrative or civil penalty for a minor violation, to allow a business with 50 or fewer employees an opportunity to cure the violation.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertThe Legislature finds and declares that the
2primary purpose of enforcement programs administered by
3agencies, boards, commissions, departments, divisions, and offices
4within the California Environmental Protection Agency or the
5Natural Resources Agency is to seek to bring about compliance
6with the law and that financial penalties shall only be imposed in
7the absence of good faith compliance efforts or after repeated
8violation of rules and regulations, and in a manner in which the
9amount of the financial penalty accurately and justly reflects the
10seriousness of the violation.end insert
begin insertSection 12812.7 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
12read:end insert
(a) Notwithstanding any other law, prior to the
14imposition of an administrative or civil penalty, an agency, board,
15commission, department, division, or office within the California
16Environmental Protection Agency or the Natural Resources Agency
17shall allow a business with 50 or fewer employees an opportunity
18to cure a minor violation that did not cause an actual harm to the
19public or physical injury to a person, or endanger the public health
20and safety.
21(b) For the purpose of this section, a minor violation does not
22include any of the following:
23(1) A knowing, willful, or intentional violation.
24(2) A violation
that enabled the violator to benefit economically
25from noncompliance.
26(3) A chronic violation by a recalcitrant violator.
(a) It is the intent of the Legislature to enact
28legislation, notwithstanding any other law, to require all state
29bodies, as defined by Section 11121 of the Government Code, to
30allow businesses that have 50 or fewer full-time employees an
31opportunity to cure minor regulatory violations that did not cause
32actual public harm or physical injury to any person prior to the
33imposition of administrative penalties, civil penalties, or both.
34(b) The Legislature finds and declares that the primary purpose
35of enforcement programs administered by state bodies is to seek
P3 1to bring about compliance with the law, and that financial penalties
2shall only be imposed in the absence of good faith compliance
3efforts or after repeated
violation of rules and regulations, and in
4a manner in which the amount of the financial penalty accurately
5and justly reflects the seriousness of the offense.
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