California’s Air Pollution Laws

21 Mar California’s Air Pollution Laws

Air pollution is a serious concern in California. Information collected by the American Lung Association five of the ten worse cities for air pollution are located in California. KVPR’s Karrie Klien reports that 75% of California’s residents routinely inhale air that’s extremely polluted. The Center of Public Integrity recently revealed that in Southern California, approximately 5,000 deaths are premature and can be linked to diesel exhaust fumes.

In an attempt to minimize the damage caused by air pollution, California has some of the strictest air pollution laws in the country. You should expect these laws to become strictly enforced as society becomes increasingly more concerned about the potential impact of air pollution and climate change.

California has more than one law dealing with the issue of air pollution. They have several. Laws designed specifically to minimize the damage done by air pollution in California are 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, and 42400.4.

Individuals and businesses who violate California’s air pollution laws are often surprised to find that these violations aren’t infractions but are in fact actual misdemeanors. This means that if you’re convicted of violating any of the state’s air pollution laws, you will end up with an actual criminal record. It’s even possible that you’ll spend some time in jail.

While all of California’s air pollution laws are part of 42400 and all are misdemeanors, the legal consequences can vary from one law to the next. For example, if you’re convicted of violating HS42400.4, you could be fined up to $10,000 but not face any jail time. On the other hand, if you’re convicted of breaking HS 42400.3, the sentence could include a year in jail as well as a $75,000 fine. 

One of the interesting things about California’s air pollution laws is that they were designed in a manner that allows the prosecution and judges to determine the accused exact level of blame for the air pollution offense. This was done primarily for people who are involved in a business that’s connected to an air pollution offense. The amount of knowledge a person connected to the business had of the air pollution the business generated as well as if they had any real ability to do anything about the situation must be considered both when issuing charges and issuing sentences.

Considering how severe California’s air pollution laws are and the possibility of them becoming even stricter in the future, it’s in your best interest to take a step back and make sure that everything you use that emits carbon emissions is working properly. You should also make sure you stay on top of your vehicle’s emissions tests.