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Home My WebLink AboutMINUTES - 04161991 - 1.4 (2) 4 7-// TO: BOARD OF SUPERVISORS Contra FROM: Phil Batchelor, County Administrator Costa n. ,s x� 4 County �'a.-_ _-_ ,�A�' DATE: April 11, 1991 sTq-c6ux`� LEGISLATION - AB 1572 (Campbell) SUBJECT: SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Agree that the Board of Supervisors is the SPONSOR of AB 1572 by Assemblyman Campbell, which revises fines for air pollution violations, establishes minimum fines for such violations and increases civil" and criminal penalties for specified violations. BACKGROUND- In 1990, the Board of Supervisors asked Assemblyman Campbell to author legislation which would increase the fines for air pollution violations by industries, on the basis that the existing fines were so minimal that they were apparently often seen as simply the cost of doing business. AB 3783 was introduced by ;Assemblyman Campbell and was passed by the Legislature, only to be vetoed by Governor Deukmejian. The Board of Supervisors included a similar request in its 1991 Legislative Program. In response, Assemblyman Campbell has introduced AB 1572. As introduced, AB 1572 does all of the following: 1. Repeals existing provisions of law (Health & Safety Code [H&SC] Section 42400) which provides that any person who violates the air pollution laws or air board regulations is guilty of a misdemeanor and can be punished with a fine of not more than $1000. CONTINUED ON ATTACHMENT"es YES SIGNATURE: �Y�' /4 e Ilat/'/ W-,e, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S ACTION OF BOARD ON April 1 ,, 1991 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: ATTESTED APR 16 ^"�Q , Please see Page 4. PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY M382 (10/88) 2 . Adds language to the law [H&SC 42400] which would identify a number of 'specific violations which would be defined as infractions ' and could be punished with a fine of not to exceed $1000. The specific list of violations which would be subject to this provision has yet to be amended into the bill. 3 . Repeals existing provisions of law [H&SC 42400 . 11 which provides that any person who negligently violates any provision of the air pollution laws or air board regulations is guilty of a misdemeanor and can be punished with a fine of not to exceed $10,000. 4. Adds language to the law [H&SC 42400.11 which provides that except for ',the violations defined as infractions above and except for' following sections providing penalties for negligently; or knowingly violating air pollution laws, any violation of air pollution laws is a misdemeanor and can be punished by a fine of not less than $1000 nor more than $5000 or by imprisonment in the county jail for not to exceed six (months or by both a fine and jail time. This section also provides that each day during which a violations occurs is. a separate offense, a provision which is also included in current law. 5. Provides that for a second or subsequent violation pursuant to # 4 above, the minimum fine would be increased to $2500, the maximum fine would be increased to $10,000 and the maximum jail time would be increased to one year, or both a fine and jail time. 6. Repeals existing provisions of law [H&SC 42400.21 which provide that any person who emits an air contaminant in violation of the law or air board regulations and who knew of the emission and failed to take corrective action within a reasonable period of time is guilty of a misdemeanor and can be fined not to exceed $25,000 or imprisoned in the county jail for not to exceed one year, or given both a fine and jail time. 7 . Adds provisions to the law [H&SC 42400.21 which provide that any person who negligently emits an air contaminant in violation of the law or air board regulations is guilty of a misdemeanor! and can be punished by a fine of not less than $5000 nor more than $25,000 or by imprisonment in the county jail for not to exceed nine months, or by both a fine and jail time. j This section also provides that each day during which a violation occurs is a separate offense. 8. Adds provisions to the law [H&SC 42400.2] which provide that any person who emits an air contaminant which causes actual injury is guilty of a misdemeanor and can be punished by a fine of not less than $5000 nor more than $25,000 or by imprisonment in the county jail for not to exceed one year, or by both ''a fine and jail time. This section also provides that each , actual injury which is caused is a separate offense. 9. Provides that for a second or subsequent violation pursuant to # 7 or # 8 above, the minimum fine would be increased to $10,000, the maximum fine would be increased to $50,000 and provides that imprisonment may be in the state prison for 16 months, or 'two years, or three years or in the county jail for not more than one year, or by both a fine and jail or state prison time. -2 10. Adds provisions to the law [H&SC 42400. 31 which provide that any person who knowingly emits an air contaminant and fails to take corrective action within a reasonable period of time is guilty of a misdemeanor and can be punished by a fine of not less l,than $10,000 nor more than $50, 000 or by imprisonment in the county jail for not to exceed one year, or by both a fine and jail time. This section also provides that each dray during which a violation occurs is a separate offense. This section also defines "corrective action" . The section also provides that a person who knowingly falsifies any document required to be kept by any provision of the air pollution laws or air board regulation is guilty of a misdemeanor and can be punished as provided above in this section.. 11. Adds provisions to the law [H&SC 42400. 31 which provide that any person , who knowingly emits an air contaminant which causes actual injury is guilty of a felony and can be punished in! the state prison for 16 months, or two years, or three years or in the county jail for not to exceed one year, or by a fine of not less than $25,000 nor more than $100,000 or by both a fine and jail or state prison time. This section defines "actual injury" and provides that each actual injury which is caused is a separate offense. 12. Adds a provision [H&SC 42400.31 which specifies that for a second or subsequent conviction under # 10 above, the jail time is increased to state prison for two years, four years or six years or by a fine of not less than $2500 nor more than $10,00,'0 or by both a fine and prison time. 13 . Adds a - provision [H&SC 42400. 3] which specifies that for a second or subsequent conviction under # 11 above, the jail time is increased to state prison for three years, five years or seven years or by a fine of not less than $50,000 nor more than $250,000 or by both a fine and prison time. I' 14. Adds provisiions to the law [H&SC 42400. 3 ] which provide that any personlwho knowingly emits an air contaminant which causes great bodily injury is guilty of a. felony and can be punished in the state prison for three years, or five years, or seven years, or by a fine of not less than $50,000 nor more than $250,000 or by both a fine and state prison time. This section defines "great bodily injury" . 15. Repeals language in current law [H&SC 424021 which provides for a civil penalty of not more than $1000 for any violation of the air' pollution laws, except as provided below for negligent or knowing emissions. Such a civil fine is an alternative for a criminal conviction of such an offense. 16. Repeals language in current law [H&SC 42402. 1] which provides for a civil penalty of not more than $10,000 for a negligent emission which violates the air pollution laws or air board regulations. Such a civil fine is an alternative for a criminal conviction of such an offense. This section also provides for a similar civil penalty for any person who owns or operates any source of air contaminants which causes actual injury and specifies that each day on which a violation occurs is a separate offense. 17. Repeals language in current law [H&SC 42402. 2] which provides for a civil penalty for a knowing violation where the person failed to take corrective action within a reasonable time. 18. Adds language [H&SC 424021 which provides a civil penalty of nor more than $1000 for any of the as.-yet unspecified -3- violations noted in # 2 above, again as an alternative to a criminal .penalty. 19. Adds language [H&SC 42402.11 which provides for a civil penalty of 'not less than $1000 nor more than $5000 for any air pollution violation other than negligent or knowing violations gas specified below. Provides that each day on which a violation occurs is a separate violation. Provides that for a second or subsequent offense the minimum civil penalty is ''increased to $2500 and the maximum civil penalty is increased to $10,000. 20. Adds language [H&SC 42402. 21 which provides for a civil penalty of not less than $5000 nor more than $25,000 for negligently' emitting an air contaminant in violation of the law or an air board regulation. Provides a similar civil penalty for an emission which causes actual injury. Provides that each day on which a violation occurs is a separate offense and that each separate actual injury is a separate offense. Provides that for a second or subsequent offense the minimum civil penalty is increased to $10,000 and the maximum civil penalty is increased to $50,000. 21. Adds language [H&SC 42402. 31 which provides a civil penalty of not less than $10,000 nor more than $50,000 for a knowing violation where the person failed to take corrective action within a reasonable period of time and defines "corrective action" . Where the person knew of an emission which causes actual injury the civil penalty is not less than $25,000 nor more than $i00,000 and defines "actual injury" . 22. Adds language [H&SC 42402. 31 which provides for a civil penalty of knot less than $50,000 nor more than $250,000 for a person who knowingly emits an air contaminant which causes great bodily harm and defines "great bodily harm" . As introduced, AB 1572 appears to reflect the wishes of the Board of Supervisors Tin increasing the potential criminal and civil penalties for air pollution violations. It is therefore recommended that the Board of Supervisors reaffirm their sponsorship of this legislation. cc: County Administrator District Attorney Health Services Director Community Development Director County Counsel Les Spahnn,, SRJ. Jackson, Barish & Associates -4-