CHART: BILL 133 PROVISIONS

Bill 133 amended existing environmental protection statutes by strengthening companies' requirements to comply with environmental regulations and penalties for failing to comply. Among key features, the legislation:

• Allows companies to be penalized up to $100,000 per day for an environmental infraction.

• Creates a standard of absolute liability for environmental penalty violations, meaning companies must pay the penalty regardless of whether the incident was deliberate or accidental.

• Requires directors and officers take all reasonable steps to ensure the corporation complies with specific environmental requirements, including preventing unlawful discharges, notifying environmental regulators of spills and cleaning up after a spill.

• Establishes sentencing guidelines for courts when a person is convicted of an environmental offense that mandate the imposition of more severe penalties if the court concludes that aggravating factors existed, such as if the incident caused an adverse effect or was committed intentionally or recklessly.