Bill > SB691

This bill, concerning nonvehicular air pollution control, aims to increase penalties for violations and clarify their application. It amends existing sections of the Health and Safety Code to adjust the maximum civil penalties for various types of air pollution violations, ranging from general violations to those involving negligence, intentional acts, and reckless disregard for public health. Notably, a new provision, Section 42402.6, is added to establish a specific penalty of up to $100,000 for violations from a "Title V source" (a facility requiring a specific type of air pollution permit) that cause severe community disruption, expose 100 or more people to toxic air contaminants, and are not solely nuisance odors, with exceptions for unforeseen criminal acts or acts of war. The bill also clarifies that penalties collected under this new provision will support air quality programs. Additionally, it refines the conditions under which civil penalties can be pursued alongside criminal charges and ensures that the court or district considers various factors when determining the amount of the penalty, such as the extent of harm, the nature of the violation, and any actions taken by the defendant to mitigate the issue.