California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 3138 — Hazardous materials: management: civil liability.

Last action — Chaptered by Secretary of State - Chapter 308, Statutes of 2018.

  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 16, 2018. 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • 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 requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program. Existing law requires every county to apply to the secretary to be certified to implement the unified program and allows a city or local agency to implement the unified program as a unified program agency, or UPA. Existing law requires a stationary source, as defined, with one or more processes that have certain substances present in more than a threshold quantity to prepare and submit a risk management plan, if the UPA makes a specified determination. Existing law requires the owner or operator of a stationary source submitting a risk management plan to submit the plan to the UPA after the plan is certified as complete, and requires the UPA to review the plan. Existing law imposes various requirements related to the submission and contents of a risk management plan. Existing law imposes civil or administrative liability on a person or stationary source that violates these provisions in an amount of not more than $2,000 for each day in which the violation occurs, and in an amount of not more than $25,000 for each day in which the violation occurs if the person or stationary source knowingly violates these provisions after reasonable notice of the violation. This bill, for violations of those provisions that occur on or after January 1, 2019, would increase the lesser maximum amount of civil or administrative liability imposed on a person or stationary source for a violation to $5,000 for each day in which the violation occurs, and would authorize the greater maximum civil or administrative liability to be imposed on a person or stationary source that knowingly violates those provisions regardless of whether the violation was committed after reasonable notice. Existing law requires a local implementing agency, as defined, to develop an integrated alerting and notification system that includes specified components to be used to notify the community surrounding a petroleum refinery in the event of an incident at the refinery warranting the use of the automatic notification system. Existing law requires the owner or operator of a petroleum refinery or a petrochemical manufacturing facility, as provided, with one or more covered processes requiring a risk management plan, when contracting for the performance of certain work, to require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades. Existing law exempts from that requirement contracts awarded before January 1, 2014, and requires the owner or operator claiming that exemption to file with the administering agency a complete copy of the contract, as provided. This bill would exempt a violation of those provisions that occurs on or after January 1, 2019, from the civil and administrative liability described above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 308, Statutes of 2018.

  2. Approved by the Governor.

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

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 10. Page 5560.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 5. Noes 2.) (June 26).

  8. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 1.) (June 20). Re-referred to Com. on JUD.

  9. Referred to Coms. on EQ. and JUD.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 22. Page 5385.)

  12. Read third time and amended. Ordered to third reading. (Page 5299.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 7. Noes 2.) (May 8).

  15. Re-referred to Com. on JUD.

  16. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

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

  18. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 2.) (April 10). Re-referred to Com. on JUD.

  19. Referred to Coms. on E.S. & T.M. and JUD.

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

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

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

3rd Reading AB3138 Muratsuchi By Skinner

Passed 29 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 25901
Democratic 4100
Total 291001
% of votes cast 73%25%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Yea
Hernandez — Yea
Lara — Yea
Pan — Yea
Skinner — Yea
Chang — Yea
Delgado — Yea
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Hertzberg — Yea
Dodd — Yea
Allen — Yea
Hill — Yea
Hueso — Yea
Bates — Nay
Beall — Yea
Leyva — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Nay
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Democratic 2000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Anderson — Nay
Hertzberg — Yea
Monning — Yea
Moorlach — Nay
Wieckowski — Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea

Official roll call →

AB 3138 MURATSUCHI Assembly Third Reading

Passed 52 Yea · 22 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 381702
Democratic 14100
Republican 0402
Total 522204
% of votes cast 67%28%0%5%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bloom — Yea
Brough — Nay
Maienschein — Yea
Mathis — Nay
Obernolte — Nay
Rendon — Yea
Ting — Yea
Frazier — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Burke — Yea
Holden — Yea
Gray — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Rubio — Yea
Levine — Yea
Chau — Yea
Low — Yea
McCarty — Yea
Baker — Yea
Chiu — Yea
Chu — Yea
Cunningham — Yea
Daly — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Fong — Nay
Salas — Nay
Harper — Nay
Kiley — Nay
Bigelow — Nay
Mayes — Nay
Melendez — Nay
Chávez — Nay
Cooley — Nay
Mullin — Not Voting
Steinorth — Nay
Voepel — Nay
Waldron — Nay
Eggman — Yea
Cooper — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5201
Democratic 2000
Total 7201
% of votes cast 70%20%0%10%
How each member voted (10)
Member Party Vote
Holden — Yea
Maienschein — Nay
Chiu — Yea
Gonzalez Fletcher — Yea
Kiley — Nay
Chau — Yea
Cunningham — Not Voting
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez 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 AB 3138 do?
Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program. Existing law requires every county to apply to the secretary to be certified to implement the unified program and allows a city or local agency to implement the unified program as a unified program agency, or UPA. Existing law requires a stationary source, as defined, with one or more processes that have certain substances present in more than a threshold quantity to prepare and submit a risk management plan, if the UPA makes a specified determination. Existing law requires the owner or operator of a stationary source submitting a risk management plan to submit the plan to the UPA after the plan is certified as complete, and requires the UPA to review the plan. Existing law imposes various requirements related to the submission and contents of a risk management plan. Existing law imposes civil or administrative liability on a person or stationary source that violates these provisions in an amount of not more than $2,000 for each day in which the violation occurs, and in an amount of not more than $25,000 for each day in which the violation occurs if the person or stationary source knowingly violates these provisions after reasonable notice of the violation. This bill, for violations of those provisions that occur on or after January 1, 2019, would increase the lesser maximum amount of civil or administrative liability imposed on a person or stationary source for a violation to $5,000 for each day in which the violation occurs, and would authorize the greater maximum civil or administrative liability to be imposed on a person or stationary source that knowingly violates those provisions regardless of whether the violation was committed after reasonable notice. Existing law requires a local implementing agency, as defined, to develop an integrated alerting and notification system that includes specified components to be used to notify the community surrounding a petroleum refinery in the event of an incident at the refinery warranting the use of the automatic notification system. Existing law requires the owner or operator of a petroleum refinery or a petrochemical manufacturing facility, as provided, with one or more covered processes requiring a risk management plan, when contracting for the performance of certain work, to require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades. Existing law exempts from that requirement contracts awarded before January 1, 2014, and requires the owner or operator claiming that exemption to file with the administering agency a complete copy of the contract, as provided. This bill would exempt a violation of those provisions that occurs on or after January 1, 2019, from the civil and administrative liability described above.
Who sponsors AB 3138?
AB 3138 is sponsored by Muratsuchi, Al (Democratic).
What is the current status of AB 3138?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 3138?
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