BILL NUMBER: AB 305	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 17, 2009

   An act to amend Section 338.1 of the Code of Civil Procedure, and
to amend Section 25515 of the Health and Safety Code, relating to
hazardous materials.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 305, as amended, Nava. Hazardous materials: statute of
limitations: penalties.
   (1) Existing law of civil procedure relating to the time for
commencing an action requires that actions for civil penalties or
punitive damages under specified provisions relating to hazardous
waste and hazardous substances be commenced within 5 years after the
discovery by the agency bringing the action of the facts constituting
the grounds for commencing the action.
   This bill would include within that requirement  certain
  those  actions relating to hazardous materials
release response plans and inventory.
   (2) Existing law requires the handler or an employee, authorized
representative, agent, or designee of a handler to, upon discovery,
immediately report any release or threatened release of a hazardous
material to the administering agency  ,  and to the
Office of Emergency Services. The failure to report pursuant to this
provision an oil spill occurring in waters of the state, other than
marine waters, is punishable, upon conviction, by a fine of not more
than $50,000. Knowingly making a false or misleading report on an oil
spill occurring in waters of the state, other than marine waters, is
punishable, upon conviction, by a fine of not more than $50,000.
   This bill would make  that  a  knowing 
failure to report an oil spill or knowingly making a false or
misleading report on an oil spill occurring in waters of the state
punishable, upon conviction, by the $50,000 fine, imprisonment in the
county jail, or both the fine and imprisonment.
   Because this bill would increase the penalty for a crime to
include imprisonment in the county jail, it would create 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 338.1 of the Code of Civil Procedure is amended
to read:
   338.1.  An action for civil penalties or punitive damages
authorized under Chapter 6.5 (commencing with Section 25100), Chapter
6.7 (commencing with Section 25280), Chapter 6.8 (commencing with
Section 25300), or Chapter 6.95 (commencing with Section 25500) of
Division 20 of the Health and Safety Code shall be commenced within
five years after the discovery by the agency bringing the action of
the facts constituting the grounds for commencing the action.
  SEC. 2.  Section 25515 of the Health and Safety Code is amended to
read:
   25515.  (a) A person or business who violates Section 25507 shall,
upon conviction, be punished by a fine of not more than twenty-five
thousand dollars ($25,000) for each day of violation, by imprisonment
in the county jail for not more than one year, or by both the fine
and imprisonment. If the conviction is for a violation committed
after a first conviction under this section, the person shall be
punished by a fine of not less than two thousand dollars ($2,000) or
more than fifty thousand dollars ($50,000) per day of violation, by
imprisonment in the state prison for 16, 20, or 24 months or in the
county jail for not more than one year, or by both the fine and
imprisonment. Furthermore, if the violation results in, or
significantly contributes to, an emergency, including a fire, to
which the county or city is required to respond, the person shall
also be assessed the full cost of the county or city emergency
response, as well as the cost of cleaning up and disposing of the
hazardous materials.
   (b) Notwithstanding subdivision (a), a person who  knowingly
 fails to report, pursuant to Section 25507, an oil spill
occurring in waters of the state, other than marine waters, shall,
upon conviction, be punished by a fine of not more than fifty
thousand dollars ($50,000), by imprisonment in the county jail for
not more than one year, or by both that fine and imprisonment.
   (c) Notwithstanding subdivision (a), a person who knowingly makes
a false or misleading report on an oil spill occurring in waters of
the state, other than marine waters, shall, upon conviction, be
punished by a fine of not more than fifty thousand dollars ($50,000),
by imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment.
   (d) This section does not preclude prosecution or sentencing under
other provisions of law.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.