Bill Text: CA AB1894 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1894

Bill Title: Nonvehicular air pollution: civil penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-03-14 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1894 Detail]

Download: California-2023-AB1894-Amended.html

Amended IN Assembly March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1894

Introduced by Assembly Member Ta

January 23, 2024

An act to add Section 42407.5 to the Health and Safety Code, relating to air pollution.

LEGISLATIVE COUNSEL'S DIGEST

AB 1894, as amended, Ta. Nonvehicular air pollution: civil penalties.

Existing law establishes the State Air Resources Board as the state agency with primary jurisdiction over the regulation of air pollution. Existing law generally designates air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law subjects violators of specified air pollution laws or any rule, regulation, permit, or order of a district or of the state board to specified civil penalties.

This bill would require a district to provide a ~~person~~ small business, as defined, with a period of not less than 30 days to rectify a violation before the ~~person~~ small business may be subject to those civil penalties. By increasing the duties of air pollution control districts and air quality management districts, the bill would impose a state-mandated local program.

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 the statutory provisions noted above.
This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 42407.5 is added to the Health and Safety Code, to read:

42407.5.

(a) Before a ~~person~~ small business may be subject to civil penalties for a violation described in this article, the district shall provide the ~~person~~ small business an opportunity to rectify the violation. The period for rectifying a violation shall be not less than 30 days and not more than 60 days, except that a district, in its discretion, may provide more than 60 days.

(b) For purposes of this section, “small business” means a business that is all of the following:
(1) Independently owned and operated.
(2) Not dominant in its field of operation.
(3) Has fewer than 100 employees.

SEC. 2.
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.

SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.