| Summary |
Section 1 of the bill defines a repeat violator as a person that, in
a 3-year period, has committed 5 or more violations of certain air quality
laws (repeat violator).
Section 1 also defines a high-priority repeat violator as a repeat
violator that, in a 3-year period, has committed 5 or more exceedances
(emission exceedance) of the allowable emissions of an air pollutant in
a permit (high-priority repeat violator).
Section 2 requires the division of administration in the department
of public health and environment (division), in the case of a violation by
a repeat violator, to issue an order of compliance (order) for the violation
instead of issuing a warning letter or compliance advisory or taking
another informal action. The order must assess civil penalties and, in the
case of a high-priority repeat violator, must require the high-priority
repeat violator to conduct and submit to the division a root cause analysis
for the violation, which must be submitted to the division within 90 days
after the order. In connection with an order and in the case of a
high-priority repeat violator, the division must require a reduction in
emissions of any air pollutant applicable to an emission exceedance from
any emission unit where a violation occurred in accordance with certain
standards.
Section 2 also clarifies that the division may assess civil penalties
for air quality violations without instituting an action in district court.
Section 2 also allows a person, with respect to air quality laws, to
commence a civil action (action) against an alleged violator. A person
shall not commence an action until at least 60 days after a notice has been
provided to the executive director of the department of public health and
environment, the director of the division, and the alleged violator. Except
for violations of an ongoing or recurring nature, any action that is not
commenced within 5 years after the discovery of the alleged violation is
time barred.
Section 2 also requires the division, on or before February 1, 2025,
and on or before each February 1 thereafter, to prepare and post on the
division's website an air quality enforcement report, which must contain
certain air quality enforcement information from the previous calendar
year.
Section 3 requires that:
•
In the case of a repeat violator, the division or a district
court assess a civil penalty that is at least 50% of the
maximum civil penalty applicable to the violation under
applicable state air quality laws; and
•
In the case of a violation by a repeat violator in a
disproportionately impacted community, the division or a
district court assess a civil penalty that is at least 75% of
the maximum civil penalty applicable to the violation under
applicable state air quality laws.
On or before December 31, 2024, section 4 requires owners and
operators of stationary sources to submit any reports or records that the
owner or operator is required to create, maintain, or submit pursuant to
federal or state law. The division must make any reports or records
received available on the division's website within 30 days after receipt.
Current law provides that a person that violates a local
government's air quality regulations is subject to a maximum civil penalty
of $300. Section 5 raises the maximum civil penalty to the amount
provided by state air quality laws.
Section 6 requires a district court, in a suit against a person that
has violated a state law related to energy and carbon management, to
award the initial complaining party any costs of litigation incurred by the
initial complaining party if the court determines that the award is
appropriate.
Current law exempts damage awards from the state constitutional
definition of fiscal year spending, which counts toward the state's
annual spending limit pursuant to state constitutional law. Section 7 adds
civil penalties assessed by a state agency to the statutory definition of
damage awards.
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