California 2009-2010 Regular Session Status: To Executive

SB 1402 — State Air Resources Board: administrative and civil penalties.

Last action — Chaptered by Secretary of State. Chapter 413, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law subjects violators of air pollution laws to specified civil and administrative penalties. Existing law imposes various duties on the State Air Resources Board relative to the reduction of air pollution. This bill would require a written communication from the state board alleging that an administrative or civil penalty will be, or could be, imposed either by the state board or another party, including the Attorney General, for a violation of air pollution law, to contain specified information. The bill would require this information and final mutual settlement agreements reached between the state board and a person alleged to have violated air pollution laws to be made available to the public. The bill would require the state board to prepare and submit to the Legislature and the Governor a report summarizing the motor vehicle pollution administrative penalties imposed by the state board for calendar year 2011, and annually thereafter, and would require the state board to publish a penalty policy for motor vehicle pollution laws that is based on specified criteria. (2) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 413, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 34. Noes 0. Page 4946.) To enrollment.

  5. To Special Consent Calendar.

  6. In Senate. To unfinished business.

  7. Read third time. Urgency clause adopted. Passed. (Ayes 75. Noes 0. Page 6325.) To Senate.

  8. Read second time. To third reading.

  9. Read second time. Amended. To second reading.

  10. (Heard in committee August 12.)

  11. From committee: Do pass as amended. (Ayes 17. Noes 0.)

  12. Set, first hearing. Referred to APPR. suspense file.

  13. (Heard in committee on June 29.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) Re-referred to Com. on APPR.

  15. Read second time. Amended. Re-referred to Com. on JUD.

  16. (Heard in committee on June 21.)

  17. From committee: Do pass as amended, but first amend, and re-refer to Com. on JUD. (Ayes 7. Noes 0.)

  18. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on NAT. RES.

  19. To Coms. on NAT. RES. and JUD.

  20. In Assembly. Read first time. Held at Desk.

  21. Read third time. Urgency clause adopted. Passed. (Ayes 33. Noes 0. Page 3585.) To Assembly.

  22. Read second time. Amended. To third reading.

  23. From committee: Do pass as amended. (Ayes 10. Noes 0. Page 3548.)

  24. Set for hearing May 17.

  25. Set, first hearing. Hearing canceled at the request of author.

  26. Set for hearing May 10.

  27. Read second time. Amended. Re-referred to Com. on APPR.

  28. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3300.)

  29. Set for hearing April 19.

  30. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on EQ.

  31. To Com. on EQ.

  32. From print. May be acted upon on or after March 23.

  33. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Calderon · Cosponsor
  • Cogdill · Cosponsor
  • Correa · Cosponsor
  • Cox · Cosponsor
  • Denham · Cosponsor
  • Dutton · Primary
  • Gilmore · Cosponsor
  • Harkey · Cosponsor
  • Hollingsworth · Cosponsor
  • Huff · Cosponsor
  • Knight · Cosponsor
  • Logue · Cosponsor
  • Smyth · Cosponsor
  • Wright · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 13 co-sponsors · 108 not signed on

Sponsors (1)

  • Dutton

Co-sponsors (13)

  • Calderon
  • Cogdill
  • Correa
  • Cox
  • Denham
  • Gilmore
  • Harkey
  • Hollingsworth
  • Huff
  • Knight
  • Logue
  • Smyth
  • Wright

Not signed on (108)

108 members have not signed on to this bill.

Show all 108 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 0001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Liu — Yea
Ducheny — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Ashburn — Yea
Blakeslee — Yea
Dutton — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Leno — Yea
Romero — Yea
Walters — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 2001
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Coto — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Not Voting
Nestande — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Logue — Not Voting
Ma — Yea
Nielsen — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Evans — Not Voting
Davis — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Hall — Yea
De — Yea
Leon — Yea
Gatto — Yea
Harkey — Yea
Bradford — Yea
Norby — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Huffman — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea

Official roll call →

Passed 34 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 31005
Democratic 2000
Republican 1000
Total 34005
% of votes cast 87%0%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Hancock — Yea
Ashburn — Yea
Harman — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cogdill — Not Voting
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Oropeza — Not Voting
Price — Not Voting
Romero — Yea
Steinberg — Not Voting
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
McLeod — Yea
Pavley — Yea
Simitian — Yea
Wiggins — Not Voting
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Alquist — Yea
Wolk — Yea
Price — Not Voting
Walters — Yea
Cox — Yea
Denham — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 1402 do?
(1) Existing law subjects violators of air pollution laws to specified civil and administrative penalties. Existing law imposes various duties on the State Air Resources Board relative to the reduction of air pollution. This bill would require a written communication from the state board alleging that an administrative or civil penalty will be, or could be, imposed either by the state board or another party, including the Attorney General, for a violation of air pollution law, to contain specified information. The bill would require this information and final mutual settlement agreements reached between the state board and a person alleged to have violated air pollution laws to be made available to the public. The bill would require the state board to prepare and submit to the Legislature and the Governor a report summarizing the motor vehicle pollution administrative penalties imposed by the state board for calendar year 2011, and annually thereafter, and would require the state board to publish a penalty policy for motor vehicle pollution laws that is based on specified criteria. (2) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 1402?
SB 1402 is sponsored by Calderon, Cogdill, Correa, Cox, Denham, Dutton, Gilmore, Harkey, Hollingsworth, Huff, Knight, Logue, Smyth, and Wright.
What is the current status of SB 1402?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1402?
Track SB 1402 free on One Click Politics — get push/email alerts when it moves.

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