AB 129

This bill makes several changes to the environmental compliance audit

program. Under the program, an entity that is subject to environmental regulations

may limit liability for certain violations by voluntarily submitting an environmental

compliance audit report to the Department of Natural Resources that identifies

violations and identifies corrective actions to be taken.

Under current law, a regulated entity has 90 days to correct violations

identified in the audit. Under the bill, the time that a regulated entity has to correct

violations is 60 days generally, 180 days if the entity is a small business stationary

source, and 360 days if the entity is a small business stationary source and the

corrective action involves a pollution prevention modification.

The bill also eliminates requirements that an entity notify DNR no fewer than

30 days before beginning an audit and that proposed compliance schedules be subject

to a public notice and comment period.

Current law requires DNR and the Department of Justice, in determining

whether to pursue criminal action for violations revealed by a compliance audit

report, to consider various factors. The bill requires DNR and DOJ to also consider

whether the entity is a small business stationary source that has committed a minor

violation.