California 2013-2014 Regular Session Status: Enacted

AB 440 — Hazardous materials: releases: local agency cleanup.

Last action — Chaptered by Secretary of State - Chapter 588, Statutes of 2013.

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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 15, 2013. 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 10 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 dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, perform obligations required pursuant to any enforceable obligation, including, but not limited to, any obligations under the Polanco Redevelopment Act to remedy or remove the release of hazardous substances within a project area consistent with state and federal laws, as specified. Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substance removal or remedial actions and requires the Department of Toxic Substances Control to adopt, by regulation, criteria for the selection and for the priority ranking of hazardous substance release sites for removal or remedial action under the act. This bill would authorize a local agency to take any action similar to that under the Polanco Redevelopment Act that the local agency determines is necessary, consistent with other state and federal laws, to investigate and clean up a release of hazardous materials in a blighted area, as determined by the local agency, within the boundaries of the local agency, pursuant to the procedures specified in the bill. The bill would require a local agency to submit for approval a cleanup plan to the California regional water control board or to the Department of Toxic Substances Control before taking action. The bill would require a local agency to take specified actions with regard to providing an opportunity for the public and other public agencies to participate in decisions regarding the proposed cleanup plan. The bill would allow the local agency to take those cleanup activities only under specified conditions with regard to the responsible party for the release, unless the local agency is taking action to investigate or conduct feasibility studies concerning a release or determines that conditions require immediate action. The bill would allow the local agency to designate another agency, in lieu of the department or the regional board, to review and approve a cleanup plan and to oversee the cleanup of hazardous material from a hazardous material release site, under certain conditions. The bill would immunize a local agency that cleans up a hazardous material release, pursuant to those provisions, from liability under specified state laws, if the action is in accordance with a cleanup plan prepared by a qualified independent contractor, as defined, and approved by the department, a regional board, or the designated agency, and the cleanup is undertaken and properly completed. The bill would authorize the recovery by a local agency of cleanup costs from the responsible party.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 588, Statutes of 2013.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 1. Page 3359.).

  5. Assembly Rule 63 suspended. (Page 3359.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2428.).

  8. Read third time and amended. Ordered to third reading. (Page 2421.)

  9. Ordered to third reading.

  10. From committee: That the measure be returned with further amendments to the Senate floor for consideration. (Ayes 8. Noes 0.) (September 12).

  11. Joint Rule 61(a)(13) suspended. (Ayes 27. Noes 8. Page 2413.)

  12. From committee: Be re-referred to Com. on E.Q. Re-referred. (Ayes 5. Noes 0.) (September 10). Re-referred to Com. on E.Q.

  13. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  14. Read second time. Ordered to third reading.

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

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 6. Noes 0.) (August 30).

  18. In committee: Placed on APPR. suspense file.

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 3). Re-referred to Com. on APPR.

  20. Referred to Com. on E.Q.

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

  22. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 1. Page 1741.)

  23. Read second time. Ordered to third reading.

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

  25. From committee: Do pass as amended. (Ayes 16. Noes 1.) (May 24).

  26. In committee: Set, first hearing. Referred to APPR. suspense file.

  27. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 1). Re-referred to Com. on APPR.

  28. From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 1.) (April 16). Re-referred to Com. on L. GOV.

  29. Referred to Coms. on E.S. & T.M. and L. GOV.

  30. From printer. May be heard in committee March 21.

  31. Read first time. To print.

Sponsors

  • Gatto · Primary
  • Mullin · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Gatto

Co-sponsors (1)

  • Mullin

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 440 GATTO Concurrence in Senate Amendments

Passed 70 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 64106
Democratic 4000
Republican 2001
Total 70107
% of votes cast 90%1%0%9%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Not Voting
Olsen — Yea
Pan — Yea
Quirk — Yea
Ting — Yea
Waldron — Yea
Williams — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Hagman — Yea
Hall — Yea
Logue — Yea
Allen — Yea
Lowenthal — Yea
Nazarian — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Mitchell — Yea
Bigelow — Yea
Daly — Yea
Skinner — Yea
Wilk — Yea
Campos — Yea
Bonilla — Yea
Gatto — Yea
Bocanegra — Yea
Harkey — Yea
John A. Pérez — Yea
Salas — Yea
Chau — Yea
Levine — Yea
Medina — Yea
Melendez — Yea
Garcia — Not Voting
Morrell — Yea
Chesbro — Not Voting
Mullin — Yea
Chávez — Yea
Nestande — Yea
Conway — Not Voting
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Eggman — Not Voting
Perea — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Fox — Yea
Yamada — Yea
Gorell — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
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 Not Voting

Official roll call →

3rd Supp 3

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Beall — Yea
Block — Yea
Hernandez — Yea
Knight — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Vidak — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Wyland — Yea
Cannella — Yea
Evans — Yea
De León — Yea
Galgiani — Yea
Hancock — Yea
Anderson — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Torres — 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 →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
De León — Yea
Steinberg — Yea
Walters — Not Voting
Beth Gaines — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 440 GATTO Assembly Third Reading

Passed 75 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 64103
Democratic 7000
Republican 4000
Total 75103
% of votes cast 95%1%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Not Voting
Maienschein — Yea
Nestande — Yea
Olsen — Yea
Rendon — Yea
Skinner — Yea
Wieckowski — Yea
Weber — Yea
Chávez — Yea
Gatto — Yea
Campos — Yea
Gordon — Yea
Stone — Yea
Gorell — Yea
Lowenthal — Yea
Hagman — Yea
Gray — Yea
Atkins — Yea
Hall — Yea
Mitchell — Yea
Bonilla — Yea
Harkey — Yea
Jones-Sawyer — Yea
Ammiano — Yea
Bigelow — Yea
Daly — Yea
Eggman — Yea
Logue — Yea
Mansoor — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Pan — Yea
Quirk — Yea
Waldron — Yea
Wilk — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Holden — Not Voting
Chau — Yea
Chesbro — Not Voting
Conway — Yea
Cooley — Yea
Donnelly — Nay
Morrell — Yea
Mullin — Yea
Perea — Yea
Ting — Yea
Wagner — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gomez — Yea
Gonzalez — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
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 Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 16 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15100
Democratic 1000
Total 16100
% of votes cast 94%6%0%0%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bradford — Yea
Harkey — Yea
Linder — Yea
Quirk — Yea
Wagner — Yea
Weber — Yea
Campos — Yea
Hall — Yea
Bocanegra — Yea
Pan — Yea
Gomez — Yea
Bigelow — Yea
Donnelly — Nay
Eggman — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does AB 440 do?
Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies, as defined. Existing law requires successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, perform obligations required pursuant to any enforceable obligation, including, but not limited to, any obligations under the Polanco Redevelopment Act to remedy or remove the release of hazardous substances within a project area consistent with state and federal laws, as specified. Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substance removal or remedial actions and requires the Department of Toxic Substances Control to adopt, by regulation, criteria for the selection and for the priority ranking of hazardous substance release sites for removal or remedial action under the act. This bill would authorize a local agency to take any action similar to that under the Polanco Redevelopment Act that the local agency determines is necessary, consistent with other state and federal laws, to investigate and clean up a release of hazardous materials in a blighted area, as determined by the local agency, within the boundaries of the local agency, pursuant to the procedures specified in the bill. The bill would require a local agency to submit for approval a cleanup plan to the California regional water control board or to the Department of Toxic Substances Control before taking action. The bill would require a local agency to take specified actions with regard to providing an opportunity for the public and other public agencies to participate in decisions regarding the proposed cleanup plan. The bill would allow the local agency to take those cleanup activities only under specified conditions with regard to the responsible party for the release, unless the local agency is taking action to investigate or conduct feasibility studies concerning a release or determines that conditions require immediate action. The bill would allow the local agency to designate another agency, in lieu of the department or the regional board, to review and approve a cleanup plan and to oversee the cleanup of hazardous material from a hazardous material release site, under certain conditions. The bill would immunize a local agency that cleans up a hazardous material release, pursuant to those provisions, from liability under specified state laws, if the action is in accordance with a cleanup plan prepared by a qualified independent contractor, as defined, and approved by the department, a regional board, or the designated agency, and the cleanup is undertaken and properly completed. The bill would authorize the recovery by a local agency of cleanup costs from the responsible party.
Who sponsors AB 440?
AB 440 is sponsored by Gatto and Mullin.
What is the current status of AB 440?
This bill has been enacted into law. Introduced February 15, 2013. Enacted.
Where can I track AB 440?
Track AB 440 free on One Click Politics — get push/email alerts when it moves.

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