California 2015-2016 Regular Session Status: Enacted

AB 2891 — Hazardous waste: funding.

Last action — Chaptered by Secretary of State - Chapter 704, Statutes of 2016.

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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 29, 2016. 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

Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Superfund Act) , imposes liability for hazardous substance removal or remedial actions and authorizes moneys in the Toxic Substances Control Account in the General Fund to be expended by the Department of Toxic Substances Control to pay, among other things, all costs of removal or remedial actions incurred by the state and for the state's share of the costs of removal or remedial actions mandated by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, commonly known as the Federal Superfund Act. Existing law expresses the intent of the Legislature that the funds deposited in the account be appropriated in the annual Budget Act each year in a specified manner, including not less than $6,750,000 to the Site Remediation Account in the General Fund for direct site remediation costs, as defined. Existing law defines orphan sites as those with no reasonably identifiable responsible parties. This bill would instead express the intent of the Legislature that the funds deposited in the account be appropriated in the annual Budget Act each year to the Site Remediation Account in an amount that is sufficient to pay for estimated costs for direct site remediation at both federal Superfund orphan sites and at state orphan sites, and that not less than $10,750,000 be appropriated in the annual Budget Act each year to the Site Remediation Account for direct site remediation costs. The bill would require the department to include those estimated costs in a report submitted to the Legislature with the Governor's Budget each year. Existing law requires the department to provide the State Board of Equalization with a schedule of codes identifying the types of organizations that use, generate, store, or conduct activities in this state related to hazardous materials. Each organization type identified in the schedule is required to pay an annual fee, which is deposited in the Toxic Substances Control Account. Existing law expresses the intent that those organization fee rates are intended to provide sufficient revenue to fund, among other things, appropriations in any given fiscal year of $3,300,000 to fund the state's clean-up obligation under the Federal Superfund Act. If the department determines that the state's obligation under the Federal Superfund Act will exceed $3,300,000 in any fiscal year, existing law requires the department to report that determination to the Legislature in the Governor's Budget. This bill would repeal that expression of legislative intent and a related requirement that the Legislature specify in the annual Budget Act changes to those rates necessary to fund the state's increased obligation under the Federal Superfund Act. The bill would instead express the intent of the Legislature that those rates are intended to provide sufficient revenue to fund appropriations in any given fiscal year to fund the state's obligation under the Federal Superfund Act. This bill would also make conforming changes and delete obsolete provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 704, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6428.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 0.) (August 25).

  6. Joint Rule 62(a), file notice suspended. (Page 6225.)

  7. Re-referred to Com. on E.S. & T.M. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 13. Page 5284.).

  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. From committee: Do pass. (Ayes 5. Noes 2.) (August 11).

  14. In committee: Referred to APPR. suspense file.

  15. In committee: Hearing postponed by committee.

  16. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 15). Re-referred to Com. on APPR.

  17. In committee: Set, first hearing. Hearing canceled at the request of author.

  18. 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.

  19. Referred to Com. on E.Q.

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

  21. Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 4688.)

  22. Read second time. Ordered to Consent Calendar.

  23. From committee: Do pass. To Consent Calendar. (Ayes 19. Noes 0.) (April 27).

  24. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 12). Re-referred to Com. on APPR.

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

  26. From printer. May be heard in committee March 31.

  27. Read first time. To print.

Sponsors

  • Committee on Environmental Safety and Toxic Materials · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 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 2891 E.S. & T.M. Concurrence in Senate Amendments By ALEJO

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 5000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Melendez — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Ting — Yea
Campos — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Burke — Yea
Chang — Yea
Salas — Yea
Gatto — Yea
Chau — Yea
Gomez — Yea
Gordon — Yea
Harper — Yea
Chiu — Yea
Jones-Sawyer — Yea
Kim — Yea
Gray — Yea
Levine — Yea
Chu — Yea
Alejo — Yea
Bigelow — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Linder — Yea
Mayes — Yea
McCarty — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Bonilla — Yea
Lopez — Yea
Hadley — Yea
Atkins — Not Voting
Medina — Yea
Mullin — Yea
Quirk — Yea
Santiago — Yea
Wagner — Yea
Wood — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2891 Committee On E.S. & T.M. (Alejo) By Leno

Passed 26 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241200
Democratic 2100
Total 261300
% of votes cast 67%33%0%0%
How each member voted (39)
Member Party Vote
Hernandez — Yea
Hertzberg — Yea
Lara — Yea
Leno — Yea
Vidak — Nay
Fuller — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Cannella — Nay
Hall — Yea
Hancock — Yea
Hill — Yea
Anderson — Nay
Bates — Nay
Beall — Yea
Block — Yea
Hueso — Yea
Huff — Nay
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Glazer — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

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
Bates — Nay
Lara — Yea
Hill — Yea
Mendoza — Yea
Nielsen — Nay
Beall — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2891 E.S. & T.M. Consent Calendar Second Day

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 5000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Brough — Yea
Brown — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Yea
Wagner — Yea
Wilk — Yea
Eggman — Yea
Cooley — Yea
Cooper — Yea
Burke — Yea
Salas — Yea
Gordon — Yea
Chang — Yea
Harper — Yea
Chau — Yea
Levine — Yea
Linder — Yea
Mayes — Yea
Chiu — Yea
Baker — Yea
Chu — Yea
McCarty — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Gray — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Holden — Yea
Chávez — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Jones-Sawyer — Yea
Kim — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Quirk — Yea
Steinorth — Yea
Ting — Yea
Wood — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Frazier — Yea
Gatto — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 19 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 2000
Republican 2000
Total 19001
% of votes cast 95%0%0%5%
How each member voted (20)
Member Party Vote
Bloom — Yea
Eggman — Yea
Chang — Yea
Bonilla — Yea
Holden — Yea
Bigelow — Yea
Daly — Yea
Obernolte — Yea
Quirk — Yea
Santiago — Yea
Wagner — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 2891 do?
Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Superfund Act) , imposes liability for hazardous substance removal or remedial actions and authorizes moneys in the Toxic Substances Control Account in the General Fund to be expended by the Department of Toxic Substances Control to pay, among other things, all costs of removal or remedial actions incurred by the state and for the state's share of the costs of removal or remedial actions mandated by the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, commonly known as the Federal Superfund Act. Existing law expresses the intent of the Legislature that the funds deposited in the account be appropriated in the annual Budget Act each year in a specified manner, including not less than $6,750,000 to the Site Remediation Account in the General Fund for direct site remediation costs, as defined. Existing law defines orphan sites as those with no reasonably identifiable responsible parties. This bill would instead express the intent of the Legislature that the funds deposited in the account be appropriated in the annual Budget Act each year to the Site Remediation Account in an amount that is sufficient to pay for estimated costs for direct site remediation at both federal Superfund orphan sites and at state orphan sites, and that not less than $10,750,000 be appropriated in the annual Budget Act each year to the Site Remediation Account for direct site remediation costs. The bill would require the department to include those estimated costs in a report submitted to the Legislature with the Governor's Budget each year. Existing law requires the department to provide the State Board of Equalization with a schedule of codes identifying the types of organizations that use, generate, store, or conduct activities in this state related to hazardous materials. Each organization type identified in the schedule is required to pay an annual fee, which is deposited in the Toxic Substances Control Account. Existing law expresses the intent that those organization fee rates are intended to provide sufficient revenue to fund, among other things, appropriations in any given fiscal year of $3,300,000 to fund the state's clean-up obligation under the Federal Superfund Act. If the department determines that the state's obligation under the Federal Superfund Act will exceed $3,300,000 in any fiscal year, existing law requires the department to report that determination to the Legislature in the Governor's Budget. This bill would repeal that expression of legislative intent and a related requirement that the Legislature specify in the annual Budget Act changes to those rates necessary to fund the state's increased obligation under the Federal Superfund Act. The bill would instead express the intent of the Legislature that those rates are intended to provide sufficient revenue to fund appropriations in any given fiscal year to fund the state's obligation under the Federal Superfund Act. This bill would also make conforming changes and delete obsolete provisions.
Who sponsors AB 2891?
AB 2891 is sponsored by Committee on Environmental Safety and Toxic Materials.
What is the current status of AB 2891?
This bill has been enacted into law. Introduced February 29, 2016. Enacted.
Where can I track AB 2891?
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