2009 California Penal Code - Section 14300-14303 :: Chapter 1. General Provisions

PENAL CODE
SECTION 14300-14303

14300.  (a) The Legislature finds and declares all of the following:
   (1) The enforcement of California's environmental laws is
essential to protect human health, the environment, and the state's
economy.
   (2) Fair and uniform enforcement of laws and regulations governing
the environment benefits law abiding businesses, firms, and
individuals.
   (3) There is a need to better integrate enforcement of
environmental laws into California's established criminal justice
system.
   (4) Local and state enforcement agencies can play an increasingly
important role in protecting human health, the environment, and the
state's economy through greater involvement in the enforcement of
environmental laws.
   (5) Prosecuting violators of environmental laws often requires
special training to detect violations, understand complex laws, and
prepare and present complicated enforcement cases.
   (6) There is a need to support programs that assist local and
state enforcement officials in prosecuting violations of
environmental laws through the training of peace officers,
investigators, firefighters, public prosecutors, and state and local
environmental regulators.
   (7) Fair and uniform enforcement of environmental laws is
multidisciplinary and involves law enforcement, fire departments,
state and local environmental regulators, and the offices of local
and state public prosecutors.
   (b) For purposes of this title, the following definitions shall
apply:
   (1) "Account" means the Environmental Enforcement and Training
Account created pursuant to Section 14303.
   (2) "Commission" means the Commission on Peace Officer Standards
and Training.
   (3) "Agency" means the California Environmental Protection Agency.
   (4) "Secretary" means the Agency Secretary for the California
Environmental Protection Agency or his or her designee.
   (5) "Environmental laws" means state and federal environmental
laws and regulations that impact public health and the environment,
including, but not limited to, those that regulate toxic and
carcinogenic materials, water quality, air quality, waste management,
pesticides, and wildlife resources.
   (6) "Public prosecutor" means district attorneys, city attorneys,
city prosecutors, county counsels, and the Attorney General and his
or her deputies.
   (7) "Environmental regulator" means an employee of any state or
local agency whose jurisdiction includes implementation, enforcement,
or both implementation and enforcement of environmental laws.
   (8) "Environmental enforcement" means the enforcement of
environmental laws.
   (c) This title shall be known and may be cited as the
Environmental Enforcement and Training Act of 2002.
   (d) It is the intent of the Legislature that the funds to
implement this title, as specified in Section 14314, come from public
and private contributions, and from the proceeds from any
contributed state or federal court judgments, and that no funds be
expended from the General Fund, other than from the Environmental
Enforcement and Training Account, or other funds appropriated to, or
authorized for expenditure by, the agency, to implement this title.
It is the intent of the Legislature that the funds to implement this
title shall be expended only from the account. It is the intent of
the Legislature that funding provided from the account shall
supplement, not supplant existing funding.

14301.  (a) There is hereby established in the agency, a program of
financial assistance to do all of the following:
   (1) Provide for statewide education and training programs in the
enforcement of environmental laws for peace officers, investigators,
state and local environmental regulators, and public prosecutors.
   (2) Establish enhanced local environmental enforcement efforts.
   (3) All funds made available to the agency for the purposes of
this title shall be administered and distributed by the secretary.
   (b) Not later than 12 months after the date when this title may be
implemented, as specified in Section 14314, the secretary shall
prepare and issue regulations, which shall, at a minimum, describe
how grants are to be allocated or awarded pursuant to this title, the
procedures for applying for these grants, the criteria to be used in
determining which applications will be funded, and the
administrative and fiscal requirements governing the receipt and
expenditure of these grants.
   (c) The secretary shall allocate and award funds to public
agencies or private nonprofit organizations for purposes of
supporting statewide environmental enforcement education and training
programs for peace officers, investigators, state and local
environmental regulators, and public prosecutors pursuant to Chapter
2 (commencing with Section 14304) and Chapter 3 (commencing with
Section 14306), which meet the criteria established pursuant to those
chapters. To ensure that these programs are coordinated with
existing peace officer training, the commission shall be consulted
prior to the allocation of funds to peace officer education and
training programs.
   (d) The secretary shall allocate and award funds to support the
Environmental Circuit Prosecutor Project pursuant to Chapter 4
(commencing with Section 14309) for the purpose of improving
enforcement of environmental laws by enhancing the investigation and
prosecution of violations of those laws.

14303.  (a) There is hereby created, in the General Fund, the
Environmental Enforcement and Training Account and up to two million
dollars ($2,000,000) in the account may be expended annually by the
agency, upon appropriation by the Legislature, for the purposes of
this title.
   (b) The agency may accept and receive any contribution of funds
from a public or private organization or an individual, including the
proceeds from a judgment in state or federal court, when the funds
are contributed or the judgment specifies that the proceeds are to be
used to carry out the purposes of this title. Private contributors
shall not have the authority to further influence or direct the use
of their contributions.
   (c) The agency shall immediately deposit any funds contributed
pursuant to subdivision (b) in the account.
   (d) As of January 1, 2003, all unallocated funds in the Hazardous
Materials Enforcement and Training Account created pursuant to
Chapter 743 of the Statutes of 1992 that derive from court judgments
specifying that the funds may be used only for purposes of this title
shall be transferred to the Environmental Enforcement and Training
Account.

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