Senate Bill 1402

Fact Sheet

SUMMARY

This bill seeks to improve communication between the California Air Resources Board (CARB) and the businesses it regulates by requiring CARB to explain to regulated entities:

• how a proposed penalty was determined, including the per vehicle or per unit basis for the penalty;
• the precise health and safety code provisions violated, and the reason for that violation;
• a quantification of any excess emissions.

This bill also seeks to improve transparency and consistency by requiring CARB, subject to Legislative approval, to adopt a written penalty policy. 

EXISTING LAW

Existing law for CARB’s fuels program sets forth specific criteria to be used to determine penalty levels.  Current law for motor vehicle emissions violations authorizes CARB to levy maximum penalties for certain motor vehicle emissions violations without providing specific criteria.  

NEED                                       

Affected stakeholders have expressed concern over the lack of information on how CARB determines and assesses penalties as well as the lack of consistency from one violation to the next. 

Although CARB notes that they already provide written information to violators on how penalties are calculated, many regulated parties state that they do not receive this information.  This bill would eliminate this confusion by ensuring that the information is in fact provided in writing.

While acknowledging CARB has made important strides towards improving transparency, this bill would codify these good government practices, provide a role for legislative oversight, and ensure that penalties are assessed consistently by establishing a written penalty policy. 

BACKGROUND                                       

According to CARB, “in cases of violation, CARB seeks immediate compliance and a proper penalty as well…Pursuant to ARB’s Enforcement Program’s Mission Statement and State law, CARB evaluates all relevant facts in determining a penalty, including comparing cases with prior, similar cases…In all cases, CARB provides violators with detailed descriptions of how their specific penalties are calculated.” 

CARB has also agreed to put on its website a plain language explanation of CARB penalty statutes.

SUPPORT

See attached.

OPPOSITION

See attached.

STATUS

Senate Environmental Committee, April 19 

FOR MORE INFORMATION

Anissa Nachman
(916) 651-4031
anissa.nachman@sen.ca.gov

Support

Californians for Enforcement Reform and Transparency:

American Home Furnishing Alliance;

California Chapter of the American Fence Contractors Association;

California Dump Truck Owner Association;

California Motorcycle Dealers Association;

California Moving and Storage Association;

California Retailers Association;

Construction Industry Air Quality Association;

Engineering Contractors Association;

Flasher/Barricade Association;

Independent Waste Oil Collectors and Transporters;

Marine Builders Association;

Moving and Storage Association;

National Marine Manufacturers Association;

Outdoor Power Equipment Institute;

Sand Car Manufacturers Association;  

Southern California Contractors Association.

Opposition

None on file.