California 2013-2014 Regular Session Status: Enacted

AB 2442 — Porter-Cologne Water Quality Control Act: remedial action: liability.

Last action — Chaptered by Secretary of State - Chapter 739, Statutes of 2014.

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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 21, 2014. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 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

Existing law, the Porter-Cologne Water Quality Control Act, requires a person who discharges waste into the waters of the state in violation of waste discharge requirements or other order or prohibition issued by a California regional water quality control board or the State Water Resources Control Board to clean up the waste or to abate the effects of the waste. Existing law authorizes the regional board to expend available moneys to perform any cleanup, abatement, or remedial work required under those circumstances. This bill would prohibit the state board, regional board, or an employee of the state board or regional board from being held liable in a civil proceeding for trespass or any other act that is necessary to carry out an investigation, cleanup, abatement, or other remedial work. This bill would also prohibit the state board, regional board, or any authorized person from incurring any obligation to undertake additional investigation, cleanup, abatement, or other remedial work solely because of its decision to undertake that work. The bill would require that these provisions apply to a claim against a public entity presented on or after January 1, 2015, or, if no claim is presented, to a cause of action in a civil complaint or a writ petition filed on or after January 1, 2015. The bill would also make various technical, nonsubstantive changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 739, Statutes of 2014.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 24. Page 6523.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 12. Page 4838.).

  7. Read second time. Ordered to third reading.

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

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

  10. From committee: Do pass as amended. (Ayes 5. Noes 2.) (June 24).

  11. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (June 18). Re-referred to Com. on JUD.

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

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

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 22. Page 4841.)

  16. Read second time. Ordered to third reading.

  17. Read second time and amended. Ordered to second reading.

  18. From committee: Do pass as amended. (Ayes 5. Noes 2.) (April 29).

  19. Re-referred to Com. on E.S. & T.M. pursuant to Assembly Rule 96.

  20. Referred to Com. on JUD.

  21. Read first time.

  22. From printer. May be heard in committee March 25.

  23. Introduced. To print.

Sponsors

  • Alejo · Cosponsor
  • Gordon · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • Gordon

Co-sponsors (1)

  • Alejo

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 2442 GORDON Concurrence in Senate Amendments

Passed 54 Yea · 24 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 502101
Democratic 4000
Republican 0300
Total 542401
% of votes cast 68%30%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Mansoor — Nay
Melendez — Nay
Olsen — Nay
Pan — Yea
Rendon — Yea
Skinner — Yea
Weber — Yea
Cooley — Yea
Gomez — Yea
Lowenthal — Yea
Gordon — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Campos — Yea
Bonilla — Yea
Holden — Yea
Jones-Sawyer — Yea
Ammiano — Yea
Dababneh — Yea
Daly — Yea
Eggman — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Wieckowski — Yea
Hagman — Nay
Bocanegra — Yea
Linder — Nay
John A. Pérez — Yea
Salas — Yea
Logue — Nay
Perea — Yea
Allen — Nay
Chau — Yea
Chesbro — Yea
Dickinson — Yea
Ting — Yea
Waldron — Nay
Williams — Yea
Harkey — Not Voting
Maienschein — Nay
Nestande — Nay
Chávez — Nay
Conway — Nay
Donnelly — Nay
Wagner — Nay
Wilk — Nay
Fox — Nay
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gorell — Nay
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Nay
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 Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB2442 Gordon By Hill

Passed 22 Yea · 12 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 211204
Democratic 1002
Total 221206
% of votes cast 55%30%0%15%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hueso — Yea
Knight — Nay
Liu — Yea
Roth — Yea
Vidak — Nay
Corbett — Yea
Lara — Yea
Mitchell — Yea
De León — Yea
Leno — Yea
Lieu — Yea
Correa — Yea
Monning — Yea
Pavley — Yea
Steinberg — Yea
Torres — Yea
Hill — Yea
Cannella — Nay
Morrell — Nay
Nielsen — Nay
Walters — Nay
Wolk — Yea
Wright — Not Voting
Hancock — Not Voting
Hernandez — Not Voting
Huff — Nay
Evans — Yea
Wyland — Nay
DeSaulnier — Yea
Fuller — Nay
Galgiani — Yea
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 4200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Leno — Yea
Lara — Yea
Anderson — Nay
Corbett — Yea
Monning — Yea
Vidak — Nay
Jackson, Corey A. Democratic Yea

Official roll call →

AB 2442 GORDON Assembly Third Reading

Passed 52 Yea · 22 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 481905
Democratic 4000
Republican 0300
Total 522205
% of votes cast 66%28%0%6%
How each member voted (79)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Ammiano — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Jones-Sawyer — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Not Voting
Nazarian — Yea
Olsen — Nay
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Gomez — Yea
Lowenthal — Yea
Hagman — Nay
Garcia — Yea
Gray — Yea
Atkins — Yea
Holden — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Levine — Yea
Logue — Nay
Medina — Yea
Bocanegra — Yea
Mullin — Yea
John A. Pérez — Yea
Salas — Yea
Allen — Nay
Chesbro — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dickinson — Yea
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Skinner — Yea
Waldron — Nay
Wieckowski — Yea
Chávez — Nay
Conway — Nay
Donnelly — Nay
Melendez — Nay
Nestande — Nay
Wagner — Nay
Wilk — Nay
Eggman — Not Voting
Fox — Nay
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Gorell — Not Voting
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Alejo — Yea
Bloom — Yea
Gomez — Yea
Lowenthal — Yea
Ting — Yea
Donnelly — Nay
Dahle, Megan Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 2442 do?
Existing law, the Porter-Cologne Water Quality Control Act, requires a person who discharges waste into the waters of the state in violation of waste discharge requirements or other order or prohibition issued by a California regional water quality control board or the State Water Resources Control Board to clean up the waste or to abate the effects of the waste. Existing law authorizes the regional board to expend available moneys to perform any cleanup, abatement, or remedial work required under those circumstances. This bill would prohibit the state board, regional board, or an employee of the state board or regional board from being held liable in a civil proceeding for trespass or any other act that is necessary to carry out an investigation, cleanup, abatement, or other remedial work. This bill would also prohibit the state board, regional board, or any authorized person from incurring any obligation to undertake additional investigation, cleanup, abatement, or other remedial work solely because of its decision to undertake that work. The bill would require that these provisions apply to a claim against a public entity presented on or after January 1, 2015, or, if no claim is presented, to a cause of action in a civil complaint or a writ petition filed on or after January 1, 2015. The bill would also make various technical, nonsubstantive changes.
Who sponsors AB 2442?
AB 2442 is sponsored by Alejo and Gordon.
What is the current status of AB 2442?
This bill has been enacted into law. Introduced February 21, 2014. Enacted.
Where can I track AB 2442?
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