CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1465Introduced by Assembly Member WicksFebruary 17, 2023 An act to amend Section 42402 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTAB 1465, as introduced, Wicks. Nonvehicular air pollution: civil penalties.Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law establishes maximum civil penalties for any person for violations of air pollution laws from nonvehicular sources. This bill would make nonsubstantive changes to the latter provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42402 of the Health and Safety Code is amended to read:42402. (a) Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any a person who violates this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000).(b) (1) A person who violates any a provision of this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than ten thousand dollars ($10,000).(2) (A) If a civil penalty in excess of five thousand dollars ($5,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional conduct or negligent conduct.(B) Subparagraph (A) does not apply to a violation of a federally enforceable requirements requirement that occur occurs at a Title V source in a district in which a Title V permit program has been fully approved.(C) Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap established pursuant to a market-based incentive program adopted by a district pursuant to subdivision (b) of Section 39616.(c) A person who owns or operates any a source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or the public, is liable for a civil penalty of not more than fifteen thousand dollars ($15,000).(d) Each day during any a portion of which a violation occurs is a separate offense.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1465Introduced by Assembly Member WicksFebruary 17, 2023 An act to amend Section 42402 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTAB 1465, as introduced, Wicks. Nonvehicular air pollution: civil penalties.Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law establishes maximum civil penalties for any person for violations of air pollution laws from nonvehicular sources. This bill would make nonsubstantive changes to the latter provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1465
Introduced by Assembly Member WicksFebruary 17, 2023
Introduced by Assembly Member Wicks
February 17, 2023
An act to amend Section 42402 of the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1465, as introduced, Wicks. Nonvehicular air pollution: civil penalties.
Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law establishes maximum civil penalties for any person for violations of air pollution laws from nonvehicular sources. This bill would make nonsubstantive changes to the latter provision.
Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law establishes maximum civil penalties for any person for violations of air pollution laws from nonvehicular sources.
This bill would make nonsubstantive changes to the latter provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 42402 of the Health and Safety Code is amended to read:42402. (a) Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any a person who violates this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000).(b) (1) A person who violates any a provision of this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than ten thousand dollars ($10,000).(2) (A) If a civil penalty in excess of five thousand dollars ($5,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional conduct or negligent conduct.(B) Subparagraph (A) does not apply to a violation of a federally enforceable requirements requirement that occur occurs at a Title V source in a district in which a Title V permit program has been fully approved.(C) Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap established pursuant to a market-based incentive program adopted by a district pursuant to subdivision (b) of Section 39616.(c) A person who owns or operates any a source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or the public, is liable for a civil penalty of not more than fifteen thousand dollars ($15,000).(d) Each day during any a portion of which a violation occurs is a separate offense.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 42402 of the Health and Safety Code is amended to read:42402. (a) Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any a person who violates this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000).(b) (1) A person who violates any a provision of this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than ten thousand dollars ($10,000).(2) (A) If a civil penalty in excess of five thousand dollars ($5,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional conduct or negligent conduct.(B) Subparagraph (A) does not apply to a violation of a federally enforceable requirements requirement that occur occurs at a Title V source in a district in which a Title V permit program has been fully approved.(C) Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap established pursuant to a market-based incentive program adopted by a district pursuant to subdivision (b) of Section 39616.(c) A person who owns or operates any a source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or the public, is liable for a civil penalty of not more than fifteen thousand dollars ($15,000).(d) Each day during any a portion of which a violation occurs is a separate offense.
SECTION 1. Section 42402 of the Health and Safety Code is amended to read:
### SECTION 1.
42402. (a) Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any a person who violates this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000).(b) (1) A person who violates any a provision of this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than ten thousand dollars ($10,000).(2) (A) If a civil penalty in excess of five thousand dollars ($5,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional conduct or negligent conduct.(B) Subparagraph (A) does not apply to a violation of a federally enforceable requirements requirement that occur occurs at a Title V source in a district in which a Title V permit program has been fully approved.(C) Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap established pursuant to a market-based incentive program adopted by a district pursuant to subdivision (b) of Section 39616.(c) A person who owns or operates any a source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or the public, is liable for a civil penalty of not more than fifteen thousand dollars ($15,000).(d) Each day during any a portion of which a violation occurs is a separate offense.
42402. (a) Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any a person who violates this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000).(b) (1) A person who violates any a provision of this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than ten thousand dollars ($10,000).(2) (A) If a civil penalty in excess of five thousand dollars ($5,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional conduct or negligent conduct.(B) Subparagraph (A) does not apply to a violation of a federally enforceable requirements requirement that occur occurs at a Title V source in a district in which a Title V permit program has been fully approved.(C) Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap established pursuant to a market-based incentive program adopted by a district pursuant to subdivision (b) of Section 39616.(c) A person who owns or operates any a source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or the public, is liable for a civil penalty of not more than fifteen thousand dollars ($15,000).(d) Each day during any a portion of which a violation occurs is a separate offense.
42402. (a) Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any a person who violates this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000).(b) (1) A person who violates any a provision of this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than ten thousand dollars ($10,000).(2) (A) If a civil penalty in excess of five thousand dollars ($5,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional conduct or negligent conduct.(B) Subparagraph (A) does not apply to a violation of a federally enforceable requirements requirement that occur occurs at a Title V source in a district in which a Title V permit program has been fully approved.(C) Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap established pursuant to a market-based incentive program adopted by a district pursuant to subdivision (b) of Section 39616.(c) A person who owns or operates any a source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or the public, is liable for a civil penalty of not more than fifteen thousand dollars ($15,000).(d) Each day during any a portion of which a violation occurs is a separate offense.
42402. (a) Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any a person who violates this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000).
(b) (1) A person who violates any a provision of this part, any an order issued pursuant to Section 42316, or any a rule, regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than ten thousand dollars ($10,000).
(2) (A) If a civil penalty in excess of five thousand dollars ($5,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional conduct or negligent conduct.
(B) Subparagraph (A) does not apply to a violation of a federally enforceable requirements requirement that occur occurs at a Title V source in a district in which a Title V permit program has been fully approved.
(C) Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap established pursuant to a market-based incentive program adopted by a district pursuant to subdivision (b) of Section 39616.
(c) A person who owns or operates any a source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or the public, is liable for a civil penalty of not more than fifteen thousand dollars ($15,000).
(d) Each day during any a portion of which a violation occurs is a separate offense.