Amended IN Senate June 21, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1465Introduced by Assembly Member WicksFebruary 17, 2023 An act to add Section 42402.6 to amend Section 42403 of, and to add Section 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. Existing law provides that civil penalties for specified violations are to be assessed and recovered in a civil action brought by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs.This bill would triple specified civil penalties, as provided, penalties 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. specified. The bill would define refinery source for this purpose. The bill would require, in assessing penalties, that health impacts, community disruptions, and other circumstances related to the violation be considered, as specified. The bill would also require that civil penalties for a violation be assessed and recovered in a civil action brought by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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 for violations 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. source.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657. 39567, and as defined in Section 39013, or as listed in the Table of Standards pursuant to Section 70200 of Title 17 of the California Code of Regulations.(b) For purposes of this section, refinery source 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. properties.(c) In assessing penalties, health impacts, community disruptions, and other circumstances related to the violation shall be considered, pursuant to Section 42403.SEC. 2. Section 42403 of the Health and Safety Code is amended to read:42403. (a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 42402.3, and 42402.6 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction.(b) In determining the amount assessed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following:(1) The extent of harm caused by the violation.(2) The nature and persistence of the violation.(3) The length of time over which the violation occurs.(4) The frequency of past violations.(5) The record of maintenance.(6) The unproven or innovative nature of the control equipment.(7) Any action taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation.(8) The financial burden to the defendant.
Amended IN Senate June 21, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1465Introduced by Assembly Member WicksFebruary 17, 2023 An act to add Section 42402.6 to amend Section 42403 of, and to add Section 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. Existing law provides that civil penalties for specified violations are to be assessed and recovered in a civil action brought by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs.This bill would triple specified civil penalties, as provided, penalties 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. specified. The bill would define refinery source for this purpose. The bill would require, in assessing penalties, that health impacts, community disruptions, and other circumstances related to the violation be considered, as specified. The bill would also require that civil penalties for a violation be assessed and recovered in a civil action brought by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate June 21, 2023 Amended IN Assembly March 16, 2023
Amended IN Senate June 21, 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 add Section 42402.6 to amend Section 42403 of, and to add Section 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. Existing law provides that civil penalties for specified violations are to be assessed and recovered in a civil action brought by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs.This bill would triple specified civil penalties, as provided, penalties 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. specified. The bill would define refinery source for this purpose. The bill would require, in assessing penalties, that health impacts, community disruptions, and other circumstances related to the violation be considered, as specified. The bill would also require that civil penalties for a violation be assessed and recovered in a civil action brought by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs.
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. Existing law provides that civil penalties for specified violations are to be assessed and recovered in a civil action brought by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs.
This bill would triple specified civil penalties, as provided, penalties 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. specified. The bill would define refinery source for this purpose. The bill would require, in assessing penalties, that health impacts, community disruptions, and other circumstances related to the violation be considered, as specified. The bill would also require that civil penalties for a violation be assessed and recovered in a civil action brought by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs.
## 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 for violations 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. source.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657. 39567, and as defined in Section 39013, or as listed in the Table of Standards pursuant to Section 70200 of Title 17 of the California Code of Regulations.(b) For purposes of this section, refinery source 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. properties.(c) In assessing penalties, health impacts, community disruptions, and other circumstances related to the violation shall be considered, pursuant to Section 42403.SEC. 2. Section 42403 of the Health and Safety Code is amended to read:42403. (a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 42402.3, and 42402.6 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction.(b) In determining the amount assessed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following:(1) The extent of harm caused by the violation.(2) The nature and persistence of the violation.(3) The length of time over which the violation occurs.(4) The frequency of past violations.(5) The record of maintenance.(6) The unproven or innovative nature of the control equipment.(7) Any action taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation.(8) The financial burden to the defendant.
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 for violations 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. source.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657. 39567, and as defined in Section 39013, or as listed in the Table of Standards pursuant to Section 70200 of Title 17 of the California Code of Regulations.(b) For purposes of this section, refinery source 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. properties.(c) In assessing penalties, health impacts, community disruptions, and other circumstances related to the violation shall be considered, pursuant to Section 42403.
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 for violations 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. source.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657. 39567, and as defined in Section 39013, or as listed in the Table of Standards pursuant to Section 70200 of Title 17 of the California Code of Regulations.(b) For purposes of this section, refinery source 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. properties.(c) In assessing penalties, health impacts, community disruptions, and other circumstances related to the violation shall be considered, pursuant to Section 42403.
42402.6. (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 for violations 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. source.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657. 39567, and as defined in Section 39013, or as listed in the Table of Standards pursuant to Section 70200 of Title 17 of the California Code of Regulations.(b) For purposes of this section, refinery source 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. properties.(c) In assessing penalties, health impacts, community disruptions, and other circumstances related to the violation shall be considered, pursuant to Section 42403.
42402.6. (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 for violations 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. source.(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657. 39567, and as defined in Section 39013, or as listed in the Table of Standards pursuant to Section 70200 of Title 17 of the California Code of Regulations.(b) For purposes of this section, refinery source 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. properties.(c) In assessing penalties, health impacts, community disruptions, and other circumstances related to the violation shall be considered, pursuant to Section 42403.
42402.6. (a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 for violations 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. source.
(2) The discharge contains or includes one or more toxic air contaminants, as identified by the state board pursuant to Section 39657. 39567, and as defined in Section 39013, or as listed in the Table of Standards pursuant to Section 70200 of Title 17 of the California Code of Regulations.
(b) For purposes of this section, refinery source 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. properties.
(c) In assessing penalties, health impacts, community disruptions, and other circumstances related to the violation shall be considered, pursuant to Section 42403.
SEC. 2. Section 42403 of the Health and Safety Code is amended to read:42403. (a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 42402.3, and 42402.6 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction.(b) In determining the amount assessed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following:(1) The extent of harm caused by the violation.(2) The nature and persistence of the violation.(3) The length of time over which the violation occurs.(4) The frequency of past violations.(5) The record of maintenance.(6) The unproven or innovative nature of the control equipment.(7) Any action taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation.(8) The financial burden to the defendant.
SEC. 2. Section 42403 of the Health and Safety Code is amended to read:
### SEC. 2.
42403. (a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 42402.3, and 42402.6 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction.(b) In determining the amount assessed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following:(1) The extent of harm caused by the violation.(2) The nature and persistence of the violation.(3) The length of time over which the violation occurs.(4) The frequency of past violations.(5) The record of maintenance.(6) The unproven or innovative nature of the control equipment.(7) Any action taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation.(8) The financial burden to the defendant.
42403. (a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 42402.3, and 42402.6 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction.(b) In determining the amount assessed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following:(1) The extent of harm caused by the violation.(2) The nature and persistence of the violation.(3) The length of time over which the violation occurs.(4) The frequency of past violations.(5) The record of maintenance.(6) The unproven or innovative nature of the control equipment.(7) Any action taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation.(8) The financial burden to the defendant.
42403. (a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 42402.3, and 42402.6 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction.(b) In determining the amount assessed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following:(1) The extent of harm caused by the violation.(2) The nature and persistence of the violation.(3) The length of time over which the violation occurs.(4) The frequency of past violations.(5) The record of maintenance.(6) The unproven or innovative nature of the control equipment.(7) Any action taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation.(8) The financial burden to the defendant.
42403. (a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 42402.3, and 42402.6 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction.
(b) In determining the amount assessed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following:
(1) The extent of harm caused by the violation.
(2) The nature and persistence of the violation.
(3) The length of time over which the violation occurs.
(4) The frequency of past violations.
(5) The record of maintenance.
(6) The unproven or innovative nature of the control equipment.
(7) Any action taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation.
(8) The financial burden to the defendant.