AB 2893 — Department of Toxic Substances Control: enforcement.

Summary

(1) The Hazardous Waste Control Law authorizes the Department of Toxic Substances Control and authorized local enforcement officers and agencies to require specified persons to furnish and transmit certain information relating to the person's ability to pay for or perform a response action, and further authorizes those entities to require any person who has information regarding another person's activities that relate to the ability of the person to pay for or perform a response action to also furnish and transmit the information. Existing law makes those provisions applicable only 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 how to finance a response action or otherwise for the purpose of enforcing the Hazardous Waste Control Law. A violation of the Hazardous Waste Control Law is a crime. This bill would make those provisions applicable also if there is a reasonable basis to believe that there has been or may be a release or threatened release of hazardous wastes or hazardous material and also for the purpose of determining how to finance a corrective action. (2) Existing law authorizes an officer or employee of the department and specified other persons to require any person who has or may have information relevant to specified matters relating to the release of hazardous substances to furnish and transmit that information. Existing law authorizes the department to disclose trade secrets received by the department pursuant to the Hazardous Waste Control Law only under specified circumstances. This bill would require the person required to furnish and transmit the information to pay for any costs of photocopying and transmitting the information. The bill would limit the disclosure by the department of information, including trade secrets, received by the department pursuant to these provisions of the Hazardous Waste Control Law, specifying the parties to whom that disclosure is proper and requiring the disclosures be in connection with the department's responsibilities under that law. The bill would require this information to be made available to governmental agencies for use in making studies and for use in judicial review or enforcement proceedings involving the person furnishing the information. The bill would make conforming and other nonsubstantive changes. Because the bill's provisions would expand the scope of a crime, the bill would impose a state-mandated local program. (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 08/19/16 - Chaptered Current pdf August 19, 2016
• Enrolled 08/05/16 - Enrolled pdf August 05, 2016
• Amended 05/25/16 - Amended Senate pdf May 25, 2016
• Introduced 02/29/16 - Introduced pdf February 29, 2016
• AB2893 View text html

Action History

1. August 19, 2016

   Chaptered by Secretary of State - Chapter 145, Statutes of 2016.

2. August 19, 2016

   Approved by the Governor.

3. August 10, 2016

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

4. August 04, 2016

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 5699.).

5. June 30, 2016

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 29 pursuant to Assembly Rule 77.

6. June 30, 2016

   Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4647.).

7. June 21, 2016

   Read second time. Ordered to Consent Calendar.

8. June 20, 2016

   From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

9. June 08, 2016

   From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 8). Re-referred to Com. on APPR.

10. May 25, 2016

    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.

11. May 19, 2016

    Referred to Com. on E.Q.

12. May 12, 2016

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

13. May 12, 2016

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4790.)

14. May 05, 2016

    Read second time. Ordered to Consent Calendar.

15. May 04, 2016

    From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 4).

16. April 13, 2016

    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.

17. March 28, 2016

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

18. March 01, 2016

    From printer. May be heard in committee March 31.

19. February 29, 2016

    Read first time. To print.

Sponsors

• Committee on Environmental Safety and Toxic Materials · Primary
• Ting · Cosponsor

Votes

Subjects