Bill Text: CA AB382 | 2011-2012 | Regular Session | Introduced
Bill Title: Air inspectors: administrative and civil penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB382 Detail]
Download: California-2011-AB382-Introduced.html
BILL NUMBER: AB 382 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Nestande
FEBRUARY 14, 2011
An act to add Section 40722 to, and to add Part 7 (commencing with
Section 44400) to Division 26 of, the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 382, as introduced, Nestande. Air inspectors: administrative
and civil penalties.
(1) Existing law establishes the State Air Resources Board, which
is responsible for the control of greenhouse gas emissions and
emissions from motor vehicles, and is designated the air pollution
control agency for all purposes set forth in federal law. Existing
law vests air pollution control districts and air quality management
districts with the primary responsibility for control of air
pollution from all sources other than vehicular sources.
This bill would require an inspector, as defined, acting on behalf
of the state board or a district to meet certain requirements.
(2) Existing law requires a written communication from the State
Air Resources Board alleging that an administrative or civil penalty
will be, or could be, imposed either by the state board or another
party, including the Attorney General, for a violation of air
pollution law, to contain specified information, and requires this
information and final mutual settlement agreements reached between
the state board and a person alleged to have violated air pollution
laws to be made available to the public.
This bill would apply these requirements to an air pollution
control or air quality management district. Because these
requirements and the requirements discussed in (1) above would impose
new duties on local districts, the bill would impose a
state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40722 is added to the Health and Safety Code,
to read:
40722. (a) A written communication from a district alleging that
an administrative or civil penalty will be, or could be, imposed
either by the district or another party, including the Attorney
General, for a violation of air pollution law, shall contain a clear
explanation of all of the following:
(1) The manner in which the administrative or civil penalty amount
was determined, including the aggravating and mitigating factors the
district considered in arriving at the amount, and, where
applicable, the per unit or per vehicle basis for the penalty.
(2) The provision of law or regulations under which the alleged
violator is being assessed the administrative or civil penalty,
including the reason that provision is most appropriate for that
violation.
(3) Whether the administrative or civil penalty is being assessed
under a provision of law that prohibits the emission of pollution at
a specified level, and if so, a quantification of the specific amount
of pollution emitted in excess of that level, where practicable.
This quantification may be based on estimates or emission factors.
(b) The information described in subdivision (a) and all final
mutual settlement agreements reached between a district and a person
alleged to have violated air pollution laws shall be made available
to the public.
SEC. 2. Part 7 (commencing with Section 44400) is added to
Division 26 of the Health and Safety Code, to read:
PART 7. Inspections
44400. (a) An inspector acting on behalf of the state board or a
district shall do all of the following:
(1) Act in a professional manner with the honesty and integrity
necessary to inspire confidence and respect for the public trust held
by an inspector.
(2) Promote environmental and public health by performing all
duties impartially and objectively without undue influence, based
upon relevant statutes, regulations, standards, policies, and
procedures.
(3) Provide to a representative of the business or individual
whose activities or operations are being inspected or investigated
all of the following:
(A) Identification.
(B) The statutory and regulatory authority for the inspection or
investigation.
(C) General information regarding the inspection and enforcement
process.
(D) Contact information to allow the business or individual to
obtain more information or provide feedback.
(4) Treat regulated businesses and individuals and the public
respectfully by being courteous at all times and in all situations.
(5) Exercise compassion, benevolence, and fairness during the
inspection or investigation and subsequent enforcement proceedings.
(6) Respond to regulated businesses and individuals and the public
in a manner that is complete, clear, and easy to understand.
(7) Assist regulated businesses and individuals and the public in
their dealings with the district or state board.
(b) As used in this section, "inspector" means an individual
inspecting or investigating an activity or operation of a business or
individual to ensure compliance with air pollution laws.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
