California 2013-2014 Regular Session Status: Enacted

SB 1261 — Hazardous materials: business plans.

Last action — Chaptered by Secretary of State. Chapter 715, Statutes of 2014.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill has been enacted into law. Introduced February 21, 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 9 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 requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, including a statewide information management system for purposes of receiving data collected by unified program agencies. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program and be certified as a certified unified program agency (CUPA) , and every county is required to apply to the secretary to be certified to implement the unified program. Existing law requires the unified program agency to implement and enforce provisions that require a business that handles a hazardous material, as defined, to establish and implement a business plan, including an inventory of specified information for response to a release or threatened release of a hazardous material. The annual inventory submittal is required to contain information on specified hazardous materials that are handled in quantities equal to or greater than certain quantities or as established by the governing body of the unified program agency by a local ordinance. A violation of the business plan requirements is a misdemeanor. This bill would instead require the secretary, in coordination with the Office of Emergency Services, to specify the hazardous materials inventory required to be submitted by handlers, including the data to be collected and submitted for hazardous materials. The bill would authorize the governing body of a unified program agency to adopt an ordinance that designates a material as a hazardous material, if a handler or the governing body of the unified program agency has a reasonable basis to believe that material injurious or harmful, as specified. The bill would revise the information required to be included in the business plan. (2) Existing law requires a unified program agency to exempt a business operating an unstaffed remote facility located in an isolated sparsely populated area from specified business plan requirements. Existing law allows a unified program agency to require an unstaffed remote facility to submit a hazardous materials business plan and inventory in accordance with requirements if the agency makes specified findings. This bill would instead require the unified program agency to exempt from specified requirements a business operating an unstaffed facility located at least one-half mile from the nearest occupied structure, unless required by a local ordinance. The bill would require the business to make a one-time business plan submittal that would not be required to include specified elements of the plan. The bill would repeal the authorization for the unified program agency to require an unstaffed remote facility to submit a plan and inventory. (3) Existing law requires a handler to electronically submit its business plan to the statewide information management system, to renew the plan at least once every 3 years to determine if a revision is needed, and to certify to the unified program agency that the review was made and that any necessary changes were made to the plan. A handler is also required to annually review the business plan information and resubmit or certify as correct the inventory information in the statewide environmental reporting system. This bill would instead require the handler to submit the business plan annually to the statewide information system by a date established by the unified program agency or by March 1, would instead require a business owner, business operator, or officially designated representative of the business to review and certify on or before that date that the information in the statewide information management system meets specified requirements, and would remove the requirement that the handler annually review and resubmit or certify as correct the inventory information in the statewide environmental reporting system. (4) Existing law requires the unified program agency to make the data elements and documents submitted by businesses available to the public in a specified manner. This bill would instead require the unified program agency to make the information in the statewide information management system available to the public. (5) Existing law requires the immediate report of any release or threatened release of a hazardous material to the unified program agency, and to the office, in accordance with the regulations adopted by the office. This bill would require the office to adopt regulations by January 1, 2016, to implement these requirements. (6) This bill would revise some definitions for purposes of these provisions relating to business plans of handlers of hazardous materials and would make other conforming changes. (7) The bill would impose a state-mandated local program by imposing new duties upon unified program agencies and by creating new crimes with regard to the submission of business plans. (8) 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 specified reasons. (9) The bill would incorporate changes to Section 25507 of the Health and Safety Code proposed by both this bill and AB 2748, which would only become operative if both bills are enacted and become effective on or before January 1, 2015, and this bill is enacted after AB 2748.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 715, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11 a.m.

  4. Assembly amendments concurred in. (Ayes 36. Noes 0. Page 4879.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 79. Noes 0. Page 6407.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 6223.)

  9. Ordered to third reading.

  10. Action rescinded whereby the bill was read third time, passed, and ordered to the Senate.

  11. In Assembly. Held at Desk.

  12. Ordered to the Assembly.

  13. In Senate. Concurrence in Assembly amendments pending.

  14. Read third time. Passed. (Ayes 78. Noes 0. Page 5967.) Ordered to the Senate.

  15. Ordered to third reading.

  16. Read third time and amended. (Page 5909.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 17. Noes 0.) (July 2).

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 17). Re-referred to Com. on APPR.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S. & T.M.

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

  22. In Assembly. Read first time. Held at Desk.

  23. Read third time. Passed. (Ayes 29. Noes 5. Page 3691.) Ordered to the Assembly.

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

  25. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3713.) (May 23).

  26. Set for hearing May 23.

  27. Placed on APPR. suspense file.

  28. Set for hearing May 12.

  29. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3341.) (April 30). Re-referred to Com. on APPR.

  30. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.

  31. Set for hearing April 30.

  32. (Corrected March 10.)

  33. Referred to Com. on E.Q.

  34. Read first time.

  35. From printer. May be acted upon on or after March 24.

  36. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Jackson · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Jackson

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

Unfinished Supp 1 SB1261 Jackson Concurrence

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 2001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Beall — Yea
Huff — Yea
Lara — Yea
Liu — Yea
Roth — Yea
Torres — Yea
Walters — Yea
Wolk — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Galgiani — Yea
Hernandez — Yea
Hill — Yea
Cannella — Yea
Wright — Not Voting
Wyland — Yea
Hueso — Yea
Knight — Yea
Leno — Yea
Mitchell — Yea
De León — Yea
Lieu — Yea
Monning — Yea
Anderson — Yea
Block — Yea
Corbett — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Steinberg — Yea
Vidak — 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 →

SB 1261 Jackson Senate Third Reading By ALEJO

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 72000
Democratic 4000
Republican 3000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Yea
Logue — Yea
Mansoor — Yea
Ridley-Thomas — Yea
Ting — Yea
Waldron — Yea
Wieckowski — Yea
Daly — Yea
Campos — Yea
Gomez — Yea
Gordon — Yea
Hagman — Yea
Chau — Yea
Allen — Yea
Chávez — Yea
Bonilla — Yea
Holden — Yea
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Gray — Yea
Skinner — Yea
Ammiano — Yea
Bloom — Yea
Conway — Yea
Cooley — Yea
Dickinson — Yea
Eggman — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Bigelow — Yea
Chesbro — Yea
Dababneh — Yea
Harkey — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Lowenthal — Yea
Maienschein — Yea
Garcia — Yea
Medina — Yea
Atkins — Yea
Fong — Yea
Melendez — Yea
Nestande — Yea
Pan — Yea
Perea — Yea
Williams — Yea
Donnelly — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gorell — Yea
Hall — 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 →

SB 1261 Jackson Senate Third Reading 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
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Nestande — Yea
Olsen — Yea
Ridley-Thomas — Not Voting
Wieckowski — Yea
Campos — Yea
Fox — Yea
Gorell — Yea
Allen — Yea
Alejo — Yea
Holden — Yea
Mullin — Yea
Nazarian — Yea
Rodriguez — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Chau — Yea
Bonilla — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Hagman — Yea
Hall — Yea
Logue — Yea
Medina — Yea
Pan — Yea
Quirk — Yea
Gray — Yea
Rendon — Yea
Skinner — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Wilk — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Bigelow — Yea
Gatto — Yea
Levine — Yea
Dababneh — Yea
Melendez — Yea
Perea — Yea
Waldron — Yea
Williams — Yea
Daly — Yea
Dickinson — Yea
Eggman — Yea
Frazier — Yea
Yamada — Yea
Gomez — Yea
Gordon — 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 →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Republican 1000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Yea
Campos — Yea
Gatto — Yea
Bigelow — Yea
Bocanegra — Yea
Holden — Yea
Lowenthal — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Quirk — Yea
Wagner — Yea
Gomez — Yea
Ridley-Thomas — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading

Passed 29 Yea · 5 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 27505
Democratic 2001
Total 29506
% of votes cast 73%13%0%15%
How each member voted (40)
Member Party Vote
Anderson — Yea
Hueso — Not Voting
Morrell — Nay
Roth — Yea
Steinberg — Yea
Walters — Nay
Wright — Not Voting
Wyland — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Nay
Cannella — Yea
Hernandez — Yea
Hill — Yea
Mitchell — Yea
De León — Yea
Huff — Yea
Corbett — Yea
Knight — Nay
Lara — Yea
Beall — Yea
Block — Yea
Correa — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Nielsen — Not Voting
Pavley — Yea
Torres — Yea
Vidak — Nay
Wolk — Yea
Lieu — Not Voting
Galgiani — Yea
Yee — Not Voting
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Walters — Nay
Hill — Yea
De León — Yea
Lara — Yea
Steinberg — Yea
Beth Gaines — Nay
Padilla, Stephen C. Democratic 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 SB 1261 do?
(1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, including a statewide information management system for purposes of receiving data collected by unified program agencies. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program and be certified as a certified unified program agency (CUPA) , and every county is required to apply to the secretary to be certified to implement the unified program. Existing law requires the unified program agency to implement and enforce provisions that require a business that handles a hazardous material, as defined, to establish and implement a business plan, including an inventory of specified information for response to a release or threatened release of a hazardous material. The annual inventory submittal is required to contain information on specified hazardous materials that are handled in quantities equal to or greater than certain quantities or as established by the governing body of the unified program agency by a local ordinance. A violation of the business plan requirements is a misdemeanor. This bill would instead require the secretary, in coordination with the Office of Emergency Services, to specify the hazardous materials inventory required to be submitted by handlers, including the data to be collected and submitted for hazardous materials. The bill would authorize the governing body of a unified program agency to adopt an ordinance that designates a material as a hazardous material, if a handler or the governing body of the unified program agency has a reasonable basis to believe that material injurious or harmful, as specified. The bill would revise the information required to be included in the business plan. (2) Existing law requires a unified program agency to exempt a business operating an unstaffed remote facility located in an isolated sparsely populated area from specified business plan requirements. Existing law allows a unified program agency to require an unstaffed remote facility to submit a hazardous materials business plan and inventory in accordance with requirements if the agency makes specified findings. This bill would instead require the unified program agency to exempt from specified requirements a business operating an unstaffed facility located at least one-half mile from the nearest occupied structure, unless required by a local ordinance. The bill would require the business to make a one-time business plan submittal that would not be required to include specified elements of the plan. The bill would repeal the authorization for the unified program agency to require an unstaffed remote facility to submit a plan and inventory. (3) Existing law requires a handler to electronically submit its business plan to the statewide information management system, to renew the plan at least once every 3 years to determine if a revision is needed, and to certify to the unified program agency that the review was made and that any necessary changes were made to the plan. A handler is also required to annually review the business plan information and resubmit or certify as correct the inventory information in the statewide environmental reporting system. This bill would instead require the handler to submit the business plan annually to the statewide information system by a date established by the unified program agency or by March 1, would instead require a business owner, business operator, or officially designated representative of the business to review and certify on or before that date that the information in the statewide information management system meets specified requirements, and would remove the requirement that the handler annually review and resubmit or certify as correct the inventory information in the statewide environmental reporting system. (4) Existing law requires the unified program agency to make the data elements and documents submitted by businesses available to the public in a specified manner. This bill would instead require the unified program agency to make the information in the statewide information management system available to the public. (5) Existing law requires the immediate report of any release or threatened release of a hazardous material to the unified program agency, and to the office, in accordance with the regulations adopted by the office. This bill would require the office to adopt regulations by January 1, 2016, to implement these requirements. (6) This bill would revise some definitions for purposes of these provisions relating to business plans of handlers of hazardous materials and would make other conforming changes. (7) The bill would impose a state-mandated local program by imposing new duties upon unified program agencies and by creating new crimes with regard to the submission of business plans. (8) 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 specified reasons. (9) The bill would incorporate changes to Section 25507 of the Health and Safety Code proposed by both this bill and AB 2748, which would only become operative if both bills are enacted and become effective on or before January 1, 2015, and this bill is enacted after AB 2748.
Who sponsors SB 1261?
SB 1261 is sponsored by Jackson.
What is the current status of SB 1261?
This bill has been enacted into law. Introduced February 21, 2014. Enacted.
Where can I track SB 1261?
Track SB 1261 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 1261

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 1261

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →