California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

AB 2059 — Hazardous materials business and area plans: consumer products: recordkeeping.

Last action — Chaptered by Secretary of State - Chapter 278, Statutes of 2022.

  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 14, 2022. 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 8 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, known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency, or CUPA. Existing law authorizes a state or local agency that has a written agreement with a CUPA, and is approved by the secretary, to implement or enforce one or more of the unified program elements as a participating agency. Existing law defines "unified program agency," or UPA, to mean the CUPA or its participating agencies, as provided. Existing law declares that, in order to protect the public health and safety and the environment, it is necessary to establish business and area plans relating to the handling and release or threatened release of hazardous materials. Existing law requires a business to establish and implement a business plan, as defined, for emergency response to a release or threatened release of a hazardous material if the business meets specified conditions at any unified program facility, as defined. Existing law exempts from that requirement certain hazardous materials, including a hazardous material that is contained solely in a consumer product, handled at, and found in, a retail establishment and intended for sale to, and for the use by, the public, except in specified circumstances. Existing law defines "consumer product" as a commodity that is used for personal, family, or household purposes, or that is present in the same form, concentration, and quantity as a product prepackaged for distribution to and for use by the general public. Existing law delegates to the unified program agencies the responsibility and authority to implement and enforce these requirements. This bill would expand the scope of hazardous materials subject to regulation pursuant to the hazardous waste control laws by narrowing the definition of "consumer product" to require that the commodity be present in the same form, concentration, and quantity as a product prepackaged for distribution to a consumer for personal, family, or household purposes, instead of for use by the general public, and by otherwise narrowing the exemption for consumer products from regulation of hazardous materials, as provided. By making changes to the laws enforced by uniform program agencies and thereby imposing additional duties, the bill would impose a state-mandated local program. This bill would require a supplier, as defined, that sells or provides a certain amount of hazardous materials meeting certain requirements to a business in the state in certain quantities to maintain records containing certain information concerning the sale or provision of the hazardous materials for a minimum of one year and would require the suppliers to make those records available to a UPA within 5 days of a request. The bill would, except as provided, require a handler subject to the business plan requirement, if directed by a UPA during an investigation or inspection, to notify the UPA if those hazardous materials in certain quantities are to be removed from the storage or handling location and transferred to another location, and to disclose to the UPA certain information regarding the transfer. Existing law provides that a person who knowingly violates specified requirements related to hazardous materials business plans, after reasonable notice of the violation, is, upon conviction, guilty of a misdemeanor. Existing law provides that a person who willfully prevents, interferes with, or attempts to impede the enforcement of the requirements related to hazardous materials business plans by any authorized representative of a unified program agency is, upon conviction, guilty of a misdemeanor. By expanding the scope of hazardous materials subject to regulation pursuant to the hazardous waste control laws and imposing additional requirements related to handlers of hazardous materials, this bill would expand the scope of a crime. 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 specified reasons.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 278, Statutes of 2022.

  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 63. Noes 0.).

  5. Assembly Rule 77(a) suspended.

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5125.).

  8. Read second time. Ordered to third reading.

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

  10. From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 11).

  11. In committee: Referred to suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 22). Re-referred to Com. on APPR.

  13. 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.

  14. Referred to Com. on E.Q.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 5.)

  17. Assembly Rule 69(d) suspended.

  18. Read third time and amended. Ordered to third reading. (Page 4908.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 13. Noes 2.) (May 19).

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

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (March 22). Re-referred to Com. on APPR.

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

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

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

  26. From printer. May be heard in committee March 17.

  27. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 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

AB 2059 Carrillo Concurrence in Senate Amendments

Passed 63 Yea · 0 Nay · 17 Other
Party YeaNayPresentNot Voting
Democratic 29003
Unaffiliated 31008
Republican 3006
Total 630017
% of votes cast 79%0%0%21%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Cooper — Yea
Gray — Not Voting
Smith — Not Voting
Cunningham — Not Voting
Kiley — Not Voting
Bigelow — Not Voting
Salas — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Yea

Official roll call →

3rd Reading AB2059 Carrillo By Durazo

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 13000
Republican 4000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Nielsen — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Hueso — Yea
Bradford — Yea
Atkins — Yea
Pan — Yea
Skinner — Yea
Gonzalez — Yea
Rubio — Yea
Glazer — Yea
Eggman — Yea
Kamlager — Yea
Hertzberg — Yea
Borgeas — Yea
Leyva — Yea
Wieckowski — Yea
Bates — Yea
Dodd — Yea
Melendez — Yea
Roth — Yea
Wilk — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 4000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Wieckowski — Yea
Bates — Yea
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Kamlager — Yea
Bates — Yea
Wieckowski — Yea
Portantino — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 2059 Carrillo Assembly Third Reading

Passed 59 Yea · 5 Nay · 14 Other
Party YeaNayPresentNot Voting
Democratic 28002
Unaffiliated 28308
Republican 3204
Total 595014
% of votes cast 76%6%0%18%
How each member voted (78)
Member Party Vote
Cunningham — Yea
Cooper — Yea
Kiley — Nay
Bigelow — Nay
Gray — Not Voting
O'Donnell — Not Voting
Smith — Not Voting
Voepel — Not Voting
Mayes — Not Voting
Medina — Not Voting
McCarty — Not Voting
Villapudua — Not Voting
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
Waldron — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Not Voting
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democratic 7000
Republican 1001
Total 13201
% of votes cast 81%13%0%6%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does AB 2059 do?
Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency, or CUPA. Existing law authorizes a state or local agency that has a written agreement with a CUPA, and is approved by the secretary, to implement or enforce one or more of the unified program elements as a participating agency. Existing law defines "unified program agency," or UPA, to mean the CUPA or its participating agencies, as provided. Existing law declares that, in order to protect the public health and safety and the environment, it is necessary to establish business and area plans relating to the handling and release or threatened release of hazardous materials. Existing law requires a business to establish and implement a business plan, as defined, for emergency response to a release or threatened release of a hazardous material if the business meets specified conditions at any unified program facility, as defined. Existing law exempts from that requirement certain hazardous materials, including a hazardous material that is contained solely in a consumer product, handled at, and found in, a retail establishment and intended for sale to, and for the use by, the public, except in specified circumstances. Existing law defines "consumer product" as a commodity that is used for personal, family, or household purposes, or that is present in the same form, concentration, and quantity as a product prepackaged for distribution to and for use by the general public. Existing law delegates to the unified program agencies the responsibility and authority to implement and enforce these requirements. This bill would expand the scope of hazardous materials subject to regulation pursuant to the hazardous waste control laws by narrowing the definition of "consumer product" to require that the commodity be present in the same form, concentration, and quantity as a product prepackaged for distribution to a consumer for personal, family, or household purposes, instead of for use by the general public, and by otherwise narrowing the exemption for consumer products from regulation of hazardous materials, as provided. By making changes to the laws enforced by uniform program agencies and thereby imposing additional duties, the bill would impose a state-mandated local program. This bill would require a supplier, as defined, that sells or provides a certain amount of hazardous materials meeting certain requirements to a business in the state in certain quantities to maintain records containing certain information concerning the sale or provision of the hazardous materials for a minimum of one year and would require the suppliers to make those records available to a UPA within 5 days of a request. The bill would, except as provided, require a handler subject to the business plan requirement, if directed by a UPA during an investigation or inspection, to notify the UPA if those hazardous materials in certain quantities are to be removed from the storage or handling location and transferred to another location, and to disclose to the UPA certain information regarding the transfer. Existing law provides that a person who knowingly violates specified requirements related to hazardous materials business plans, after reasonable notice of the violation, is, upon conviction, guilty of a misdemeanor. Existing law provides that a person who willfully prevents, interferes with, or attempts to impede the enforcement of the requirements related to hazardous materials business plans by any authorized representative of a unified program agency is, upon conviction, guilty of a misdemeanor. By expanding the scope of hazardous materials subject to regulation pursuant to the hazardous waste control laws and imposing additional requirements related to handlers of hazardous materials, this bill would expand the scope of a crime. 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 specified reasons.
Who sponsors AB 2059?
AB 2059 is sponsored by Carrillo, Juan (Democratic).
What is the current status of AB 2059?
This bill has been enacted into law. Introduced February 14, 2022. Enacted.
Where can I track AB 2059?
Track AB 2059 free on One Click Politics — get push/email alerts when it moves.

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