California 2013-2014 Regular Session Status: Enacted

AB 2738 — Contamination.

Last action — Chaptered by Secretary of State - Chapter 828, 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 26, 2014. 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, the 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 that 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. Existing law, in an action brought by a person in the public interest, requires a person who serves notice of the alleged violation for an exposure to complete, as appropriate, and provide to the alleged violator a notice of special compliance procedure and proof of compliance form, as specified, and prohibits an action from being filed if specified circumstances are met, including the notice being timely served and the alleged violator correcting the alleged violation. Existing law requires the notice to allege that the alleged violator failed to provide clear and reasonable warning of specified exposures and no other violation. This bill would require the notice of special compliance procedure and proof of compliance form to be provided to the alleged violator at the time the notice of the alleged violation is served. The bill would also require that the notice allege that the alleged violator failed to provide clear and reasonable warning regarding specified exposures. (2) Existing law, before July 1, 2014, required the State Department of Public Health to adopt regulations setting forth the criteria and procedures for certification of specified water treatment devices. Existing law prohibits the sale or distribution of a water treatment device for which a health or safety claim is made, unless the device is included on the list of water treatment devices published on the department's Internet Web site and certified by an independent certified organization that has been accredited by the American National Standards Institute. Existing law transferred these duties to the State Water Resources Control Board on July 1, 2014. This bill would remove the requirement of certification by an independent certified organization. The bill would make changes to reflect the transfer of duties from the department to the State Water Resources Control Board.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 828, Statutes of 2014.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6037.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 9 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 4371.).

  7. Read second time. Ordered to third reading.

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

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

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 25).

  11. Referred to Com. on E.Q.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 8. Page 5285.)

  14. Read second time. Ordered to third reading.

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

  16. From committee: Do pass as amended. (Ayes 13. Noes 0.) (May 23).

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

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 29). Re-referred to Com. on APPR.

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

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

  21. Referred to Com. on E.S. & T.M.

  22. From printer. May be heard in committee March 29.

  23. Read first time. To print.

Sponsors

  • Committee on Environmental Safety and Toxic Materials · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Committee on Environmental Safety and Toxic Materials

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

AB 2738 E.S. & T.M. Concurrence in Senate Amendments By ALEJO

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 71001
Democratic 4000
Republican 3000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Linder — Yea
Mullin — Yea
Olsen — Yea
Pan — Yea
Rendon — Yea
Alejo — Yea
Ammiano — Yea
Campos — Yea
Gordon — Yea
Gorell — Yea
Holden — Yea
Mansoor — Yea
Nazarian — Yea
Allen — Yea
Daly — Yea
Bonilla — Yea
Quirk — Yea
Eggman — Yea
Rodriguez — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Yea
Gomez — Yea
Hall — Yea
Gray — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Jones-Sawyer — Yea
Garcia — Yea
Fong — Yea
Atkins — Not Voting
Levine — Yea
Logue — Yea
Maienschein — Yea
Medina — Yea
Melendez — Yea
Nestande — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dababneh — Yea
Donnelly — Yea
Perea — Yea
Ridley-Thomas — Yea
Skinner — Yea
Waldron — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Hagman — 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 AB2738 Committee on E.S. & T.M.(Alejo) By Hill

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Democratic 2001
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Hill — Yea
Knight — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Pavley — Not Voting
Roth — Yea
Torres — Yea
Wolk — Not Voting
Wyland — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Wright — Not Voting
Fuller — Not Voting
Hernandez — Yea
Mitchell — Yea
De León — Yea
Hueso — Yea
Cannella — Yea
Huff — Yea
Beall — Yea
Corbett — Yea
Lara — Yea
Lieu — Yea
Morrell — Yea
Nielsen — Yea
Steinberg — Yea
Vidak — Yea
Walters — Yea
Galgiani — Yea
Yee — Not Voting
Hancock — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2738 E.S. & T.M. Assembly Third Reading By ALEJO

Passed 63 Yea · 8 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 56808
Democratic 4000
Republican 3000
Total 63808
% of votes cast 80%10%0%10%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Yea
Logue — Not Voting
Mansoor — Nay
Olsen — Yea
Quirk — Yea
Ridley-Thomas — Yea
Ting — Yea
Waldron — Not Voting
Wieckowski — Yea
Wilk — Not Voting
Gatto — Yea
Gordon — Yea
Lowenthal — Yea
Hagman — Nay
Garcia — Yea
Gray — Yea
Atkins — Yea
Holden — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Levine — Yea
Maienschein — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Bocanegra — Yea
Nestande — Yea
John A. Pérez — Yea
Salas — Yea
Pan — Yea
Chesbro — Yea
Perea — Yea
Ammiano — Yea
Bigelow — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dickinson — Yea
Donnelly — Nay
Eggman — Yea
Rendon — Yea
Rodriguez — Yea
Skinner — Yea
Weber — Yea
Williams — Yea
Allen — Nay
Frazier — Not Voting
Chávez — Nay
Conway — Nay
Harkey — Not Voting
Melendez — Not Voting
Wagner — Nay
Fox — Yea
Yamada — Yea
Gomez — Yea
Gorell — Not Voting
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Not Voting
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 →

Do pass as amended.

Passed 13 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 12003
Democratic 1000
Republican 0001
Total 13004
% of votes cast 76%0%0%24%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bradford — Yea
Linder — Yea
Ridley-Thomas — Yea
Campos — Yea
Donnelly — Not Voting
Eggman — Yea
Gatto — Yea
Gomez — Yea
Holden — Yea
Pan — Yea
Quirk — Yea
Wagner — Not Voting
Weber — Yea
Bocanegra — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does AB 2738 do?
(1) Existing law, the 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 that 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. Existing law, in an action brought by a person in the public interest, requires a person who serves notice of the alleged violation for an exposure to complete, as appropriate, and provide to the alleged violator a notice of special compliance procedure and proof of compliance form, as specified, and prohibits an action from being filed if specified circumstances are met, including the notice being timely served and the alleged violator correcting the alleged violation. Existing law requires the notice to allege that the alleged violator failed to provide clear and reasonable warning of specified exposures and no other violation. This bill would require the notice of special compliance procedure and proof of compliance form to be provided to the alleged violator at the time the notice of the alleged violation is served. The bill would also require that the notice allege that the alleged violator failed to provide clear and reasonable warning regarding specified exposures. (2) Existing law, before July 1, 2014, required the State Department of Public Health to adopt regulations setting forth the criteria and procedures for certification of specified water treatment devices. Existing law prohibits the sale or distribution of a water treatment device for which a health or safety claim is made, unless the device is included on the list of water treatment devices published on the department's Internet Web site and certified by an independent certified organization that has been accredited by the American National Standards Institute. Existing law transferred these duties to the State Water Resources Control Board on July 1, 2014. This bill would remove the requirement of certification by an independent certified organization. The bill would make changes to reflect the transfer of duties from the department to the State Water Resources Control Board.
Who sponsors AB 2738?
AB 2738 is sponsored by Committee on Environmental Safety and Toxic Materials.
What is the current status of AB 2738?
This bill has been enacted into law. Introduced February 26, 2014. Enacted.
Where can I track AB 2738?
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