2022 – Assembly Bill 1897 (Boerner Horvath, Tasha), Refinery Penalties (N/A)
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Summary
Would have required a civil penalty of up to $30,000 to apply to a violation of public nuisance law involving a discharge containing toxic air contaminants from a Title V source. Additionally, the discharge must result in a significant increase in hospitalizations, residential displacement, shelter in place, evacuation, or destruction of property. The bill would have required this proposed penalty to apply on the initial date of violation, with exceptions for certain penalties with larger penalty caps. If a violation of AB 1897’s public nuisance law continues to occur after the initial day, then the bill would have required the existing fee structure for non-vehicular civil penalties, such as up to $10,000 per day, to apply on those subsequent days. The bill would have required additional civil penalties collected by a local air district for such a penalty, above the costs of prosecution, to be expended to mitigate the effects of air pollution in communities affected by the violation. Was amended to deal with plastic food service ware.