California 2015-2016 Regular Session Status: Enacted

AB 273 — Hazardous waste and substances: corrective action: liability.

Last action — Chaptered by Secretary of State - Chapter 456, Statutes of 2015.

  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 11, 2015. 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

Existing law authorizes the Department of Toxic Substances Control to issue an order under the hazardous waste control laws requiring that a violation be corrected and imposing a civil penalty to specified persons, including a person who has violated various provisions regulating hazardous waste or provisions concerning removal and remedial actions for hazardous substance releases. A person who is issued that order is required to pay for oversight of the removal or remedial action. Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, authorizes the department to take or oversee removal and remedial actions related to the release of hazardous substances. Existing law authorizes the Attorney General to recover from the liable person, as defined, the costs incurred by the department or a California regional water quality control board in carrying out the act and subjects any monetary obligation owed to the department pursuant to the act or the hazardous waste control laws to a specified rate of interest earned in the Surplus Money Investment Fund. Existing law authorizes the department to waive the interest if the obligation is satisfied within 60 days of the date of the invoice. This bill would explicitly apply each of these provisions regarding a person's liability for cost recovery to the release of hazardous waste constituents into the environment. The bill would also explicitly make the costs of response or corrective action recoverable. The bill would, until June 30, 2021, subject a monetary obligation owed to the department under the act or these laws to an interest rate of 7% per annum. After that date, the bill would subject the monetary obligation to an interest rate of 10% per annum, except that, in the case of obligations of local governments, the rate after that date would remain at 7% per annum. The bill would require the department to waive the interest if the obligation is satisfied within 60 days or if the person, within 45 days of receiving an invoice, provides specified notice to the department disputing the obligation.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 456, Statutes of 2015.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 2. Page 2731.).

  5. Assembly Rule 77 suspended. (Page 2729.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 10. Page 2278.).

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

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 17). Re-referred to Com. on APPR.

  11. 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.

  12. Referred to Com. on E.Q.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 9. Page 1013.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 11. Noes 0.) (April 15).

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 24). Re-referred to Com. on APPR.

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

  19. From printer. May be heard in committee March 14.

  20. 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 · 5 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 273 E.S. & T.M. Concurrence in Senate Amendments By ALEJO

Passed 77 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69101
Democratic 3100
Republican 5000
Total 77201
% of votes cast 96%3%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Low — Yea
Mathis — Yea
Mullin — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Wilk — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Gatto — Yea
Salas — Yea
Mayes — Yea
Chau — Yea
Frazier — Yea
Harper — Yea
Linder — Yea
Obernolte — Yea
Perea — Yea
Weber — Yea
Williams — Yea
Chu — Yea
Gomez — Yea
Burke — Yea
Holden — Yea
Jones-Sawyer — Yea
Kim — Yea
Levine — Yea
Gray — Yea
Maienschein — Yea
McCarty — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Medina — Yea
Lopez — Yea
Melendez — Yea
Baker — Yea
Chang — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Wood — Yea
Olsen — Nay
Gordon — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
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 AB273 Committee On E.S. & T.M. (Alejo) By Jackson

Passed 25 Yea · 10 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 23905
Democratic 2100
Total 251005
% of votes cast 63%25%0%13%
How each member voted (40)
Member Party Vote
Anderson — Nay
Block — Yea
Leyva — Yea
Mendoza — Yea
Morrell — Nay
Pan — Yea
Hill — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Cannella — Not Voting
Runner — Nay
Fuller — Nay
Galgiani — Not Voting
Glazer — Yea
Hall — Yea
Hancock — Not Voting
Hernandez — Yea
Hertzberg — Yea
Bates — Nay
Beall — Yea
Hueso — Yea
Huff — Not Voting
Lara — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Moorlach — Nay
Nielsen — Nay
Pavley — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

AB 273 E.S. & T.M. Assembly Third Reading By ALEJO

Passed 64 Yea · 9 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 58705
Democratic 3100
Republican 3102
Total 64907
% of votes cast 80%11%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Harper — Not Voting
Maienschein — Yea
Mathis — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Burke — Yea
Campos — Yea
Salas — Yea
Bonilla — Yea
Gomez — Yea
Holden — Yea
Gray — Yea
Jones-Sawyer — Yea
Lopez — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Alejo — Yea
Chiu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
O'Donnell — Yea
Perea — Yea
Ridley-Thomas — Yea
Wilk — Yea
Atkins — Yea
Gordon — Yea
Hadley — Yea
Chang — Not Voting
Kim — Yea
Levine — Yea
Linder — Yea
Baker — Nay
Bigelow — Not Voting
Chau — Yea
Chu — Yea
Chávez — Nay
Mayes — Nay
Santiago — Yea
Steinorth — Not Voting
Ting — Yea
Wagner — Nay
Waldron — Yea
Weber — Yea
Williams — Yea
Wood — Yea
Gonzalez — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Yea
Gallagher, James Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting

Official roll call →

Do pass.

Passed 11 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 9004
Democratic 2000
Republican 0002
Total 11006
% of votes cast 65%0%0%35%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Weber — Yea
Eggman — Yea
Daly — Yea
Holden — Yea
Rendon — Yea
Wood — Yea
Bonilla — Not Voting
Chang — Not Voting
Quirk — Yea
Wagner — Not Voting
Gomez — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

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 AB 273 do?
Existing law authorizes the Department of Toxic Substances Control to issue an order under the hazardous waste control laws requiring that a violation be corrected and imposing a civil penalty to specified persons, including a person who has violated various provisions regulating hazardous waste or provisions concerning removal and remedial actions for hazardous substance releases. A person who is issued that order is required to pay for oversight of the removal or remedial action. Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, authorizes the department to take or oversee removal and remedial actions related to the release of hazardous substances. Existing law authorizes the Attorney General to recover from the liable person, as defined, the costs incurred by the department or a California regional water quality control board in carrying out the act and subjects any monetary obligation owed to the department pursuant to the act or the hazardous waste control laws to a specified rate of interest earned in the Surplus Money Investment Fund. Existing law authorizes the department to waive the interest if the obligation is satisfied within 60 days of the date of the invoice. This bill would explicitly apply each of these provisions regarding a person's liability for cost recovery to the release of hazardous waste constituents into the environment. The bill would also explicitly make the costs of response or corrective action recoverable. The bill would, until June 30, 2021, subject a monetary obligation owed to the department under the act or these laws to an interest rate of 7% per annum. After that date, the bill would subject the monetary obligation to an interest rate of 10% per annum, except that, in the case of obligations of local governments, the rate after that date would remain at 7% per annum. The bill would require the department to waive the interest if the obligation is satisfied within 60 days or if the person, within 45 days of receiving an invoice, provides specified notice to the department disputing the obligation.
Who sponsors AB 273?
AB 273 is sponsored by Committee on Environmental Safety and Toxic Materials.
What is the current status of AB 273?
This bill has been enacted into law. Introduced February 11, 2015. Enacted.
Where can I track AB 273?
Track AB 273 free on One Click Politics — get push/email alerts when it moves.

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