Mike Rogge

Bill clarifies minor air violations

By Mike Rogge

Capitol Update, Feb. 20, 2015 Share this on FacebookTweet thisEmail this to a friend

Assemblymember Jim Patterson (R-Fresno) introduced AB 335 (Air Quality: Minor Violations) on February 13th. This bill would require the State Air Resources Board and the regional air pollution control and air quality management districts to adopt regulations classifying “minor violations” and defining the term “notice to comply.” Furthermore, it requires a representative of those agencies, who in the course of conducting an inspection, detects a minor violation, to issue a notice to comply.

The bill instructs the state board or district to take the following factors into consideration when classifying the types of violations that they consider minor:

  1. Magnitude of the violation;
  2. Scope of the violation;
  3. Severity of the violation;
  4. Degree to which a violation puts human health, safety or welfare or the environment in jeopardy;
  5. Degree to which a violation could contribute to failure to accomplish an important goal or program objective as established; and
  6. Degree to which a violation may make it difficult to determine if the violator is in compliance with other requirements.

A minor violation shall not include:

  1. Any knowing, willful, or intentional violation;
  2. Any violation that enables the violator to benefit economically from noncompliance; and
  3. Any violation that is chronic or committed by a recalcitrant violator.

AB 335 seeks to standardize what is considered a minor violation and the penalty. There are considerable differences in how minor violations are currently handled between the state board and the districts.

The State Air Resources Board would be required to report to the legislature by January 1, 2020 regarding the implementation of this bill.

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