Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1465Introduced by Assembly Member WicksFebruary 17, 2023 An act to amend add Section 42402 of 42402.6 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTAB 1465, as amended, Wicks. Nonvehicular air pollution: civil penalties.Existing law prohibits a person from discharging from nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause, or have a natural tendency to cause, injury or damage to business or property, as specified. Existing law establishes maximum civil penalties for a person who violates air pollution laws from nonvehicular sources.This bill would triple specified civil penalties, as provided, if the violation results from a discharge from a stationary source required by federal law to be included in an operating permit program established pursuant to specified provisions of the federal Clean Air Act, the stationary source is a refinery, and the discharge contains or includes one or more toxic air contaminants, as identified by the State Air Resources Board. The bill would define refinery for this purpose.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: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42402.6 is added to the Health and Safety Code, to read:42402.6. (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 shall be tripled if the person violates Section 41700 and both of the following occur:(1) The discharge is from a Title V source that is a refinery.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657.(b) For purposes of this section, refinery means an establishment that is located on one or more contiguous or adjacent properties that produces gasoline, diesel fuel, aviation fuel, lubricating oil, asphalt, petrochemical feedstock, or other similar product through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes.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, a person who violates this part, an order issued pursuant to Section 42316, or 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 a provision of this part, an order issued pursuant to Section 42316, or 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 requirement that 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 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 a portion of which a violation occurs is a separate offense.
Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1465Introduced by Assembly Member WicksFebruary 17, 2023 An act to amend add Section 42402 of 42402.6 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGESTAB 1465, as amended, Wicks. Nonvehicular air pollution: civil penalties.Existing law prohibits a person from discharging from nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause, or have a natural tendency to cause, injury or damage to business or property, as specified. Existing law establishes maximum civil penalties for a person who violates air pollution laws from nonvehicular sources.This bill would triple specified civil penalties, as provided, if the violation results from a discharge from a stationary source required by federal law to be included in an operating permit program established pursuant to specified provisions of the federal Clean Air Act, the stationary source is a refinery, and the discharge contains or includes one or more toxic air contaminants, as identified by the State Air Resources Board. The bill would define refinery for this purpose.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: NOYES Local Program: NO
Amended IN Assembly March 16, 2023
Amended IN Assembly March 16, 2023
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 add Section 42402 of 42402.6 to the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1465, as amended, Wicks. Nonvehicular air pollution: civil penalties.
Existing law prohibits a person from discharging from nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause, or have a natural tendency to cause, injury or damage to business or property, as specified. Existing law establishes maximum civil penalties for a person who violates air pollution laws from nonvehicular sources.This bill would triple specified civil penalties, as provided, if the violation results from a discharge from a stationary source required by federal law to be included in an operating permit program established pursuant to specified provisions of the federal Clean Air Act, the stationary source is a refinery, and the discharge contains or includes one or more toxic air contaminants, as identified by the State Air Resources Board. The bill would define refinery for this purpose.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 prohibits a person from discharging from nonvehicular sources air contaminants or other materials that cause injury, detriment, nuisance, or annoyance to the public, or that endanger the comfort, repose, health, or safety of the public, or that cause, or have a natural tendency to cause, injury or damage to business or property, as specified. Existing law establishes maximum civil penalties for a person who violates air pollution laws from nonvehicular sources.
This bill would triple specified civil penalties, as provided, if the violation results from a discharge from a stationary source required by federal law to be included in an operating permit program established pursuant to specified provisions of the federal Clean Air Act, the stationary source is a refinery, and the discharge contains or includes one or more toxic air contaminants, as identified by the State Air Resources Board. The bill would define refinery for this purpose.
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 42402.6 is added to the Health and Safety Code, to read:42402.6. (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 shall be tripled if the person violates Section 41700 and both of the following occur:(1) The discharge is from a Title V source that is a refinery.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657.(b) For purposes of this section, refinery means an establishment that is located on one or more contiguous or adjacent properties that produces gasoline, diesel fuel, aviation fuel, lubricating oil, asphalt, petrochemical feedstock, or other similar product through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes.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, a person who violates this part, an order issued pursuant to Section 42316, or 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 a provision of this part, an order issued pursuant to Section 42316, or 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 requirement that 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 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 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 42402.6 is added to the Health and Safety Code, to read:42402.6. (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 shall be tripled if the person violates Section 41700 and both of the following occur:(1) The discharge is from a Title V source that is a refinery.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657.(b) For purposes of this section, refinery means an establishment that is located on one or more contiguous or adjacent properties that produces gasoline, diesel fuel, aviation fuel, lubricating oil, asphalt, petrochemical feedstock, or other similar product through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes.
SECTION 1. Section 42402.6 is added to the Health and Safety Code, to read:
### SECTION 1.
42402.6. (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 shall be tripled if the person violates Section 41700 and both of the following occur:(1) The discharge is from a Title V source that is a refinery.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657.(b) For purposes of this section, refinery means an establishment that is located on one or more contiguous or adjacent properties that produces gasoline, diesel fuel, aviation fuel, lubricating oil, asphalt, petrochemical feedstock, or other similar product through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes.
42402.6. (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 shall be tripled if the person violates Section 41700 and both of the following occur:(1) The discharge is from a Title V source that is a refinery.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657.(b) For purposes of this section, refinery means an establishment that is located on one or more contiguous or adjacent properties that produces gasoline, diesel fuel, aviation fuel, lubricating oil, asphalt, petrochemical feedstock, or other similar product through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes.
42402.6. (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 shall be tripled if the person violates Section 41700 and both of the following occur:(1) The discharge is from a Title V source that is a refinery.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657.(b) For purposes of this section, refinery means an establishment that is located on one or more contiguous or adjacent properties that produces gasoline, diesel fuel, aviation fuel, lubricating oil, asphalt, petrochemical feedstock, or other similar product through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes.
42402.6. (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 shall be tripled if the person violates Section 41700 and both of the following occur:
(1) The discharge is from a Title V source that is a refinery.
(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657.
(b) For purposes of this section, refinery means an establishment that is located on one or more contiguous or adjacent properties that produces gasoline, diesel fuel, aviation fuel, lubricating oil, asphalt, petrochemical feedstock, or other similar product through the processing of crude oil or alternative feedstock, redistillation of unfinished petroleum derivatives, cracking, or other processes.
(a)Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, a person who violates this part, an order issued pursuant to Section 42316, or 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 a provision of this part, an order issued pursuant to Section 42316, or 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 requirement that 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 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 a portion of which a violation occurs is a separate offense.