Common use of SB 1402 Statement Clause in Contracts

SB 1402 Statement. Senate Xxxx 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 39617) requires the ARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024. The per unit penalty in this case is a maximum of $5,000 per unit per strict liability violation under Health and Safety Code section 43154 and 43211. The penalty obtained in this case is approximately $5,000.00 per unit for 4 units. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. ARB alleges that the penalty provision being applied in this case, Health and Safety Code section 43154, is appropriate because ARB alleged that Krone NA manufactured for sale, sold, offered for sale, introduced or delivered for introduction into commerce, or imported into California off-road compression- ignition engines that were not certified pursuant to California Code of Regulations, Title 13, section 2420 et. seq. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above do not prohibit emissions above a specified level. It is not practicable to quantify these emissions, because the information necessary to do so, such as emission rates and time of use, is not available. There are no testing results available that would indicate how much emissions increased as a result of the use of the noncertified engines. However, since the off-road compression-ignition engines were not certified for sale in California, all emissions attributable to them are illegal and excess as well.

SB 1402 Statement. Senate Xxxx Bill 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 3961739619.7) requires the ARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024. The per unit penalty in this case is a maximum of $5,000 500 per unit per strict liability violation under Health and Safety Code section 43154 and 43211violation. The penalty obtained in this case is approximately based on a $5,000.00 400 per unit penalty for the seven units that were sold to California consumers – and $300 per unit for 4 unitsthe nine units that Toro voluntarily removed out of California at considerable expense. The penalty was reduced because this was an unintentional, first time violation which resulted from the actions of Toro’s supplier, Onyx; Xxxx’s exceptionally diligent efforts to comply promptly, to voluntarily remove products and to fully cooperate with the investigation, and the nature and means of discovery of the violations under Toro’s self-disclosure. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. ARB alleges that the penalty provision being applied in this case, Health and Safety Code section 4315443016, is appropriate because ARB alleged that Krone NA manufactured for sale, sold, offered for sale, introduced or delivered for introduction into commerce, or imported into California off-road compression- ignition TORO allegedly sold engines that were not certified pursuant to California Code of Regulations, Title 13, section 2420 et. seqby ARB. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above do not prohibit emissions above a specified level. It is not practicable to quantify these emissions, because the information necessary to do so, such as emission rates and time of use, is not available. There are no testing results available that would indicate how much emissions increased as a result of the use of the noncertified engines. However, since the converted small off-road compression-ignition engines involved in this case were not certified illegal for use or sale in California, when they were shipped into California all of the emissions attributable to them are illegal and excess as well.

SB 1402 Statement. Senate Xxxx Bill 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 3961739619.7) requires the ARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024. The per unit penalty in this case is a maximum of $5,000 500 per unit per strict liability violation under Health and Safety Code section 43154 and 43211violation. The penalty obtained in this case is approximately based on a $5,000.00 400 per unit penalty for the seven units that were sold to California consumers – and $300 per unit for 4 unitsthe nine units that Toro voluntarily removed out of California at considerable expense. The penalty was reduced because this was an unintentional, first time violation which resulted from the actions of Toro’s supplier, Onyx; Toro’s exceptionally diligent efforts to comply promptly, to voluntarily remove products and to fully cooperate with the investigation, and the nature and means of discovery of the violations under Toro’s self-disclosure. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. ARB alleges that the penalty provision being applied in this case, Health and Safety Code section 4315443016, is appropriate because ARB alleged that Krone NA manufactured for sale, sold, offered for sale, introduced or delivered for introduction into commerce, or imported into California off-road compression- ignition TORO allegedly sold engines that were not certified pursuant to California Code of Regulations, Title 13, section 2420 et. seqby ARB. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above do not prohibit emissions above a specified level. It is not practicable to quantify these emissions, because the information necessary to do so, such as emission rates and time of use, is not available. There are no testing results available that would indicate how much emissions increased as a result of the use of the noncertified engines. However, since the converted small off-road compression-ignition engines involved in this case were not certified illegal for use or sale in California, when they were shipped into California all of the emissions attributable to them are illegal and excess as well.

SB 1402 Statement. Senate Xxxx Bill 1402 (Xxxxxx, Chapter 413, statutes of 2010, Health and Safety Code section 39617) requires the ARB to provide information on the basis for the penalties it seeks. This required information, which is provided throughout this settlement agreement, is summarized here. The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in Health and Safety Code section 43024. The per unit penalty in this case is a maximum of $5,000 per unit per strict liability violation under Health and Safety Code section 43154 and 43211. The penalty obtained in this case is approximately $5,000.00 per unit for 4 units. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. ARB alleges that the penalty provision being applied in this case, Health and Safety Code section 43154, is appropriate because ARB alleged that Krone NA manufactured for sale, sold, offered for sale, introduced or delivered for introduction into commerce, or imported into California off-road compression- ignition engines that were not certified pursuant to California Code of Regulations, Title 13, section 2420 et. seq. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The provisions cited above do not prohibit emissions above a specified level. It is not practicable to quantify these emissions, because the information necessary to do so, such as emission rates and time of use, is not available. There are no testing results available that would indicate how much emissions increased as a result of the use of the noncertified engines. However, since the off-road compression-ignition engines were not certified for sale in California, all emissions attributable to them are illegal and excess as well.