Bill > A117

Introduced Session

This bill would authorize the Department of Environmental Protection (department) to enter into a settlement agreement with a person who violates an environmental law which would allow the performance of a supplemental environmental project (SEP) to replace a part the monetary civil penalty or civil administrative penalty that would otherwise be assessed for the violation. The performance of a SEP in place of a portion of a monetary penalty would be voluntary on the part of the person violating the environmental law. Under the bill, after a final total penalty amount for a violation of an environmental law has been agreed to by the department and the person in violation of the law, the total penalty amount would be reduced by the dollar amount of the cost of the performance of a SEP up to 75 percent of the total penalty amount agreed to in the settlement, or in the case of a violation of the "Water Pollution Control Act," no more than 50 percent of the amount of the penalty. A SEP would be proposed by the violator for approval by the department and would be incorporated in the settlement agreement. The bill would require the department to consider the capacity of the violator to complete the proposed SEP, the resources and capacity of the department to verify proper performance of the SEP, the compliance history of the violator, the likelihood of the purported environmental benefits to be achieved by the SEP, the relationship of the SEP with the community or ecosystem affected by the violation, whether the SEP advances environmental priorities identified by the department, whether the SEP improves the environment in an overburdened community, and the involvement of the residents of community organizations in the development of the SEP.

Committee Categories

Don Guardian (R)*, 

Introduced, Referred to Assembly Environment, Natural Resources, and Solid Waste Committee (on 01/09/2024)

Official Document