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Close the Gap in Environmental Enforcement
Allow citizens to help protect our environment and public health
Many of the state’s public health and environmental laws are not being enforced. Year after year, enforcement of environmental laws has suffered from severe budget cutbacks and political attacks. The end result is that California families are exposed to pollution but often have no remedy to protect themselves. Assembly Bill 528 (Frommer) seeks to fill a major gap in California’s environmental and public health protections by providing ordinary Californians the right to personal enforcement of key public health and environmental laws.
California has a wide range of public health and environmental laws that are among the most protective in the nation. But only a few allow ordinary citizens to take action to enforce them, and laws are only as good as their enforcement. The state’s budget mess has placed the protection of our air, water, coastlines, wildlife, and natural resources in jeopardy as annual budget cuts to state agencies cripple even basic services. For example, in Fiscal Year 2002-03, there were zero criminal penalties issued by the Air Resources Board, the Integrated Waste Management Board, the Department of Pesticides, and the State Water Board. AB 528 gives every Californian the power to draw attention to unaddressed environmental violations and the tools to require that appropriate authorities fix the problem.
How the Public Health and Environmental Enforcement Law works:
- Personal enforcement actions can be brought against public agencies, private companies, or individuals who are alleged to be violating one of the public health or environmental laws specified in the law.
- The bill focuses on stopping lawbreakers who would otherwise escape accountability for violating public health and environmental protections because of inadequate public enforcement.
- Unless specified otherwise by law, civil penalties will be deposited in a special fund for public health and environmental enforcement. AB 528 is not a get-rich ticket for lawyers or plaintiffs.
- AB 528 is carefully structured so that personal enforcement is a last resort, available only after governmental agencies have failed to do their job.
- Procedural safeguards involving mandatory review of complaints by the Attorney General ensure that lawsuits are legitimate, to protect communities and families.
Waiting for public enforcement or waiting until an injury occurs is not a viable option when many environmental violations cause long term risks to public health, with tangible losses not apparent for years. AB 528 addresses the current deficiency by creating the ability to prevent harm before people are injured.
What You Can Do
AB 528 is moving through committees and must be passed off the Assembly floor by June 3rd. Please contact your Assemblymember and encourage him or her to support AB 528.
Your Assemblymember
State Capitol
Sacramento, CA 95814
To find out who your Assemblymember is, go directly to the Legislature's "Find Your Representatives" page and enter your address in the form in the bottom left corner of the page.
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