California 2009-2010 Regular Session Status: Enacted

AB 305 — Hazardous materials: statute of limitations: penalties.

Last action — Chaptered by Secretary of State - Chapter 429, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law of civil procedure relating to the time for commencing an action requires that actions for civil penalties or punitive damages under specified provisions relating to hazardous waste and hazardous substances be commenced within 5 years after the discovery by the agency bringing the action of the facts constituting the grounds for commencing the action. This bill would include within that requirement those actions relating to hazardous materials release response plans and inventory. (2) Existing law requires the handler or an employee, authorized representative, agent, or designee of a handler to, upon discovery, immediately report any release or threatened release of a hazardous material to the administering agency and to the Office of Emergency Services. The failure to report pursuant to this provision an oil spill occurring in waters of the state, other than marine waters, is punishable, upon conviction, by a fine of not more than $50,000. Knowingly making a false or misleading report on an oil spill occurring in waters of the state, other than marine waters, is punishable, upon conviction, by a fine of not more than $50,000. This bill would make a knowing failure to report an oil spill or knowingly making a false or misleading report on an oil spill occurring in waters of the state punishable, upon conviction, by the $50,000 fine, imprisonment in the county jail, or both the fine and imprisonment. Because this bill would increase the penalty for a crime to include imprisonment in the county jail, it would create a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 429, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 7 p.m.

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 22. Noes 11. Page 2127.)

  6. Read second time. To third reading.

  7. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  8. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (July 6).

  9. Referred to Com. on EQ.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1925.)

  12. From Consent Calendar. To third reading.

  13. Read second time. To Consent Calendar.

  14. From committee: Do pass. To Consent Calendar. (May 20).

  15. Re-referred to Com. on APPR.

  16. Read second time and amended.

  17. From committee: Amend, and do pass as amended, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 28).

  18. From committee: Do pass, and re-refer to Com. on PUB. S. Re-referred. (Ayes 6. Noes 0.) (April 21).

  19. Referred to Coms. on E.S. & T.M. and PUB. S.

  20. From printer. May be heard in committee March 20.

  21. Read first time. To print.

Sponsors

  • Nava · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Nava

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Assembly 3rd Reading AB305 Nava By DeSaulnier

Passed 22 Yea · 11 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 191108
Democratic 2000
Republican 1000
Total 221108
% of votes cast 54%27%0%20%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Not Voting
Lowenthal — Yea
Dutton — Nay
Hancock — Yea
Harman — Not Voting
Hollingsworth — Nay
Runner — Nay
Huff — Nay
Kehoe — Yea
Negrete — Not Voting
Leno — Yea
Benoit — Nay
Liu — Yea
McLeod — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Maldonado — Yea
Oropeza — Not Voting
Price — Yea
Wiggins — Yea
Wyland — Nay
Cogdill — Not Voting
Correa — Not Voting
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 305 NAVA Assembly Third Reading

Passed 91 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 85001
Republican 3000
Total 91001
% of votes cast 99%0%0%1%
How each member voted (92)
Member Party Vote
Bill — Yea
Ammiano — Yea
Beall — Yea
Eng — Yea
Feuer — Yea
Charles — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hayashi — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Bass — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Tom — Yea
Emmerson — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Leon — Yea
Charles — Yea
De — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Duvall — Yea
Skinner — Yea
Solorio — Yea
Ammiano — Yea
Harkey — Yea
Miller — Not Voting
Nielsen — Yea
Price — Yea
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 305 do?
(1) Existing law of civil procedure relating to the time for commencing an action requires that actions for civil penalties or punitive damages under specified provisions relating to hazardous waste and hazardous substances be commenced within 5 years after the discovery by the agency bringing the action of the facts constituting the grounds for commencing the action. This bill would include within that requirement those actions relating to hazardous materials release response plans and inventory. (2) Existing law requires the handler or an employee, authorized representative, agent, or designee of a handler to, upon discovery, immediately report any release or threatened release of a hazardous material to the administering agency and to the Office of Emergency Services. The failure to report pursuant to this provision an oil spill occurring in waters of the state, other than marine waters, is punishable, upon conviction, by a fine of not more than $50,000. Knowingly making a false or misleading report on an oil spill occurring in waters of the state, other than marine waters, is punishable, upon conviction, by a fine of not more than $50,000. This bill would make a knowing failure to report an oil spill or knowingly making a false or misleading report on an oil spill occurring in waters of the state punishable, upon conviction, by the $50,000 fine, imprisonment in the county jail, or both the fine and imprisonment. Because this bill would increase the penalty for a crime to include imprisonment in the county jail, it would create a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 305?
AB 305 is sponsored by Nava.
What is the current status of AB 305?
This bill has been enacted into law. Introduced February 17, 2009. Enacted.
Where can I track AB 305?
Track AB 305 free on One Click Politics — get push/email alerts when it moves.

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