Report to Mayor and City Council
Tuesday, May 02, 2023
Consent
SUBJECT:
Title
CONSIDER TAKING A POSITION OF SUPPORT AND SENDING A CORRESPONDING LETTER REGARDING ASSEMBLY BILL 1465 TO INCREASE CIVIC PENALTIES ASSOCIATED WITH TOXIC DISCHARGES FROM REFINERIES AS IDENTIFIED BY THE STATE AIR RESOURCES BOARD (CITY COUNCIL)
Body
I. SUMMARY
This item is on the agenda at the request of Mayor Davis-Holmes for City Council to consider taking a position of support and sending a corresponding letter regarding Assembly Bill 1465. The proposed letter is included as Exhibit 1 and the Policy Analysis is included as Exhibit 2.
According to the synopsis provided to the State Assembly Judiciary Committee, California has some of the most stringent air pollution laws in the nation. Nonetheless, unhealthy air quality continues to plague the state, especially in majority minority neighborhoods located near heavily industrialized areas. In recent years, it has become abundantly clear that the existing civil penalty structure designed to deter unlawful emissions of hazardous pollutants is not serving as a sufficient deterrent to unlawful releases of hazardous pollutants into the environment. This problem appears to be particularly acute as it pertains to California's oil and gas refining industry.
If adopted, AB 1465 would triple the level of potential civil penalties imposed on refineries for violating six provisions of existing law related to air quality, which would help ensure that the penalties associated with unlawful emissions of air contaminants are no longer treated as the cost of doing business.
Nothing in the Bill would otherwise alter the existing procedural rules for seeking these civil penalties or alter the existing law related to the distribution of penalty proceeds. This Bill is sponsored by the Bay Area Air Quality Management District who note that refineries are frequent violators of existing air quality laws, and that refinery violations are often some of the m...
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