California 2013-2014 Regular Session Status: Enacted 1 D cosponsors

AB 227 — Proposition 65: enforcement.

Last action — Chaptered by Secretary of State - Chapter 581, Statutes of 2013.

  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 04, 2013. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 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) The existing Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from knowingly discharging or releasing such a chemical into water or any source of drinking water, except as specified. The act imposes civil penalties of not more than $2,500 per day upon persons who violate those prohibitions, and provides for the enforcement of those prohibitions by the Attorney General, a district attorney, or specified city attorneys or prosecutors, and by any person in the public interest. The act requires any person bringing an action in the public interest, or any private person filing an action in which a violation of the act is alleged, to notify the Attorney General, the district attorney, city attorney, or prosecutor in whose jurisdiction the violation is alleged to have occurred, and the alleged violator that such an action has been filed. This bill would require a person filing an enforcement action in the public interest for certain specified exposures to provide a notice in a specified proof of compliance form. The bill would prohibit an enforcement action from being filed by that person, and would prohibit the recovery of certain payments or reimbursements, if the notice to the alleged violator alleges a failure to provide a clear and reasonable warning for those specified exposures and, within 14 days after receiving the notice, the alleged violator corrects the alleged violation, pays a civil penalty in the amount of $500 per facility or premises, and notifies the person bringing the action that the violation has been corrected pursuant to the specified proof of compliance form. The bill would specify that the alleged violator may correct the violation, pay the civil penalty, and serve a correction notice on the person who served notice of the violation only one time for a violation arising from the same exposure in the same facility or on the same premises. The bill would require the Judicial Council, on April 1, 2019, and at each 5-year interval thereafter, to adjust that civil penalty, as specified. (2) Proposition 65 provides that it may be amended by a statute, passed in each house by 23 vote, to further its purposes. This bill would find and declare that it furthers the purposes of Proposition 65 and would make other findings regarding the purposes of the bill. The bill would declare that a specified provision of the bill is independent and severable from the other changes made by this bill. (3) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 581, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Enrolled measure version corrected.

  5. Enrolled measure version corrected.

  6. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3203.).

  7. Assembly Rule 77 suspended. (Page 3195.)

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 12 pursuant to Assembly Rule 77.

  9. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2304.).

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. Read third time and amended. Ordered to second reading.

  14. Read second time and amended. Ordered to third reading.

  15. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  16. Read second time and amended. Re-referred to Com. on APPR.

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 25).

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  19. From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 19). Re-referred to Com. on JUD.

  20. Referred to Coms. on E.Q. and JUD.

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

  22. Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1605.).

  23. Ordered to third reading.

  24. From consent calendar.

  25. Read second time. Ordered to consent calendar.

  26. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 15).

  27. Re-referred to Com. on APPR.

  28. Read second time and amended.

  29. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 30).

  30. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (April 16). Re-referred to Com. on JUD.

  31. Re-referred to Com. on E.S. & T.M.

  32. From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.

  33. Referred to Coms. on E.S. & T.M. and JUD.

  34. From printer. May be heard in committee March 7.

  35. Read first time. To print.

Sponsors

  • Alejo · Cosponsor
  • Anderson · Cosponsor
  • Gatto · Primary
  • Hagman · Cosponsor
  • Logue · Cosponsor
  • Al Muratsuchi · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on

Sponsors (1)

  • Gatto

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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

AB 227 GATTO Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 71000
Democratic 4000
Republican 3000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Quirk — Yea
Ting — Yea
Wagner — Yea
Campos — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Chau — Yea
Allen — Yea
Chávez — Yea
Bonilla — Yea
Hall — Yea
Holden — Yea
Logue — Yea
Medina — Yea
Morrell — Yea
Mullin — Yea
Gray — Yea
Nazarian — Yea
Mitchell — Yea
Olsen — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Alejo — Yea
Conway — Yea
Cooley — Yea
Daly — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Rendon — Yea
Skinner — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Chesbro — Yea
Levine — Yea
Melendez — Yea
Nestande — Yea
Perea — Yea
Waldron — Yea
Williams — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB227 Gatto By Lieu Urgency Clause

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 3000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Block — Yea
Lieu — Yea
Nielsen — Yea
Torres — Yea
Emmerson — Yea
Correa — Yea
Wright — Yea
Wyland — Yea
Cannella — Yea
De León — Yea
Evans — Yea
Corbett — Yea
Galgiani — Yea
Hancock — Yea
Hernandez — Not Voting
Hill — Yea
Anderson — Yea
Beall — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Vidak — Yea
Walters — Not Voting
Wolk — Yea
DeSaulnier — Yea
Fuller — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 227 GATTO Third Reading Urgency

Passed 72 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 63004
Democratic 6001
Republican 3001
Total 72006
% of votes cast 92%0%0%8%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Levine — Yea
Linder — Yea
Morrell — Yea
Nazarian — Yea
Pan — Yea
Quirk — Yea
Skinner — Not Voting
Waldron — Not Voting
Wilk — Not Voting
Gorell — Yea
Hagman — Yea
Logue — Yea
Stone — Yea
Daly — Yea
Lowenthal — Yea
Frazier — Yea
Gatto — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gordon — Yea
Hall — Yea
Holden — Not Voting
Jones-Sawyer — Yea
Maienschein — Yea
Bocanegra — Yea
Mansoor — Yea
Medina — Yea
John A. Pérez — Yea
Melendez — Yea
Salas — Yea
Mullin — Yea
Chesbro — Yea
Nestande — Yea
Olsen — Yea
Alejo — Yea
Bigelow — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Perea — Yea
Rendon — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Fox — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Bocanegra — Yea
Gatto — Yea
Campos — Yea
Hall — Yea
Harkey — Yea
Donnelly — Yea
Eggman — Yea
Linder — Yea
Pan — Yea
Quirk — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 227 do?
(1) The existing Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from knowingly discharging or releasing such a chemical into water or any source of drinking water, except as specified. The act imposes civil penalties of not more than $2,500 per day upon persons who violate those prohibitions, and provides for the enforcement of those prohibitions by the Attorney General, a district attorney, or specified city attorneys or prosecutors, and by any person in the public interest. The act requires any person bringing an action in the public interest, or any private person filing an action in which a violation of the act is alleged, to notify the Attorney General, the district attorney, city attorney, or prosecutor in whose jurisdiction the violation is alleged to have occurred, and the alleged violator that such an action has been filed. This bill would require a person filing an enforcement action in the public interest for certain specified exposures to provide a notice in a specified proof of compliance form. The bill would prohibit an enforcement action from being filed by that person, and would prohibit the recovery of certain payments or reimbursements, if the notice to the alleged violator alleges a failure to provide a clear and reasonable warning for those specified exposures and, within 14 days after receiving the notice, the alleged violator corrects the alleged violation, pays a civil penalty in the amount of $500 per facility or premises, and notifies the person bringing the action that the violation has been corrected pursuant to the specified proof of compliance form. The bill would specify that the alleged violator may correct the violation, pay the civil penalty, and serve a correction notice on the person who served notice of the violation only one time for a violation arising from the same exposure in the same facility or on the same premises. The bill would require the Judicial Council, on April 1, 2019, and at each 5-year interval thereafter, to adjust that civil penalty, as specified. (2) Proposition 65 provides that it may be amended by a statute, passed in each house by 23 vote, to further its purposes. This bill would find and declare that it furthers the purposes of Proposition 65 and would make other findings regarding the purposes of the bill. The bill would declare that a specified provision of the bill is independent and severable from the other changes made by this bill. (3) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 227?
AB 227 is sponsored by Alejo, Anderson, Gatto, Hagman, Logue, and Muratsuchi, Al (Democratic).
What is the current status of AB 227?
This bill has been enacted into law. Introduced February 04, 2013. Enacted.
Where can I track AB 227?
Track AB 227 free on One Click Politics — get push/email alerts when it moves.

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