AB 276 — Department of Toxic Substances Control: response actions: cleanup ability information.

Summary

(1) The Hazardous Waste Control Law regulates the use and disposal of hazardous materials. Existing law permits the Department of Toxic Substances Control or any local officer or agency authorized to enforce the Hazardous Waste Control Law to require specified parties to furnish and transmit certain information relating to hazardous substances, hazardous wastes, and hazardous materials. A violation of the Hazardous Waste Control Law is a crime. This bill would authorize the department or local officer or agency to require those parties to furnish and transmit any information relating to the parties' abilities to pay for or perform a response action if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, and only for the purpose of determining under the Hazardous Waste Control Law how to finance a response action or otherwise for the purpose of enforcing the Hazardous Waste Control Law. The bill would also authorize the department to require any person who has information regarding the activities of one of those parties relating to hazardous substances, hazardous wastes, or hazardous materials to furnish and transmit that information. The bill would authorize the department to require any person who has information regarding the activities of one of those parties relating to the ability of the party to pay for or perform a response action to furnish and transmit that information if there is a reasonable basis to believe that there has been or may be a release or threatened release of a hazardous substance, and only for the purpose of determining under the Hazardous Waste Control Law how to finance a response action or otherwise for the purpose of enforcing the Hazardous Waste Control Law. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would authorize the department to issue an order directing compliance if a person intentionally or negligently fails to furnish and transmit the above-described information. Existing law defines information that constitutes a trade secret and requires the department to establish procedures to ensure that trade secrets provided to the department are used only in connection with the responsibilities of the department under the Hazardous Waste Control Law and are not otherwise disseminated without the consent of the persons submitting the information. This bill would authorize the department to disclose information received pursuant to the above-specified provisions to specified persons in connection with the department's responsibilities under the Hazardous Waste Control Law. The bill would subject any person who knowingly and willfully disseminates trade secret information protected by specified provisions and procedures established by the department to a fine, imprisonment in a county jail, or both. By creating a new crime, this bill would impose a state-mandated local program. (2) The Carpenter-Presley-Tanner Hazardous Substance Account Act authorizes the department to require any potentially responsible party, or any person who has, or may have, acquired certain information relating to hazardous substances and hazardous substance release sites in the course of a commercial, ownership, or contractual relationship with a potentially responsible party, to furnish that information. Existing law makes any person who intentionally makes a false statement or representation in any report or information furnished, or fails to provide information requested, pursuant to these provisions liable for a civil penalty. This bill would instead authorize the department to require any person who has or may have information relating to hazardous substances or hazardous substance release sites, regardless of how acquired, to furnish the information, including information relating to the ability of a person to pay for or to perform a response action. The bill would make liable for the civil penalty a person who acted negligently, and would authorize the department to issue an order directing compliance if a person intentionally or negligently fails to furnish information required to be disclosed pursuant to these provisions. (3) 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 a specified reason.

Bill Text

• Chaptered 10/02/15 - Chaptered Current pdf October 02, 2015
• Enrolled 09/04/15 - Enrolled pdf September 04, 2015
• Amended 08/31/15 - Amended Senate pdf August 31, 2015
• Amended 06/11/15 - Amended Senate pdf June 11, 2015
• Amended 05/28/15 - Amended Assembly pdf May 28, 2015
• Amended 03/17/15 - Amended Assembly pdf March 17, 2015
• Introduced 02/11/15 - Introduced pdf February 11, 2015
• AB276 View text html

Action History

1. October 02, 2015

   Chaptered by Secretary of State - Chapter 459, Statutes of 2015.

2. October 02, 2015

   Approved by the Governor.

3. September 14, 2015

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

4. September 02, 2015

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 2800.).

5. September 02, 2015

   Assembly Rule 77 suspended. (Page 2795.)

6. September 01, 2015

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

7. September 01, 2015

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2340.).

8. August 31, 2015

   Read second time and amended. Ordered to third reading.

9. August 27, 2015

   From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (August 27).

10. June 29, 2015

    In committee: Referred to APPR. suspense file.

11. June 17, 2015

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

12. June 11, 2015

    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.

13. June 11, 2015

    Referred to Com. on E.Q.

14. June 03, 2015

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

15. June 03, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1855.)

16. June 01, 2015

    Read second time. Ordered to third reading.

17. May 28, 2015

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

18. May 28, 2015

    From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).

19. April 15, 2015

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

20. March 24, 2015

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 24). Re-referred to Com. on APPR.

21. March 23, 2015

    Re-referred to Com. on E.S. & T.M. pursuant to Assembly Rule 96.

22. March 18, 2015

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

23. March 17, 2015

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

24. February 23, 2015

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

25. February 12, 2015

    From printer. May be heard in committee March 14.

26. February 11, 2015

    Read first time. To print.

Sponsors

• Committee on Environmental Safety and Toxic Materials · Primary

Votes

Subjects