BILL ANALYSIS
AB 305
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Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
AB 305 (Nava) - As Introduced: February 17, 2009
SUBJECT : Hazardous materials: statute of limitations:
penalties
SUMMARY: Extends the statute of limitations for violations of
Hazardous Material Release Response Plans (Business Plans) and
authorizes the imposition of a jail sentence for the violation
of oil spill prevention reporting requirements. Specifically,
this bill :
1)Increases from 1 to 5 years the statute of limitation on civil
penalty actions related to Business Plans.
2)Makes a 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 imprisonment in
the county jail.
EXISTING LAW :
3)Requires owners or operators of facilities that handle
hazardous materials to develop Business Plans, submit
hazardous material inventories and management information, and
report any release or threatened release of a hazardous
material to the appropriate agency and the Office of Emergency
Services.
a) Establishes a default one-year statute of limitations on
violations of Chapter 6.95 of the Health and Safety Code,
which requires Business Plans.
b) Establishes a five-year statute of limitations for the
enforcement of Division 20 of the Health and Safety Code,
which addresses hazardous materials and wastes.
1)Under the Lempert-Keene-Seastrand Oil Spill Prevention and
Response Act, requires that any person, without regard to
intent or negligence, who spills any oil into the marine
waters of the state to immediately contain, clean-up, and
remove the oil in a manner that minimizes environmental
AB 305
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damage. Failure to provide the required oil spill report, or
knowingly make a false or misleading oil spill report, on an
oil spill in non-marine waters of the state is a crime,
punishable by a fine of not more than $50,000.
FISCAL EFFECT : Not known.
COMMENTS :
This bill addresses two separate issues involving hazardous
material enforcement: 1) extending the statutes of limitation
on pursuing violations of hazardous material Business Plans, and
2) authorizes a prison sentence for a violation of oil spill
reporting requirements.
According to the author, current law relating to Business Plans
provides for a default one-year statute of limitations, pursuant
to the Code of Civil Procedure; whereas, under other Chapters of
the Code relating to hazardous materials and wastes, law
provides for a five-year statute.
According to the sponsor, the California District Attorney's
Association, this measure assists environmental prosecutors by
conforming the statute of limitations for civil actions for
violations of [Business Plan requirements] to the statute of
limitations for civil actions for other hazardous materials and
wastes.
Prior Legislation:
1)AB 1946 (Nava) 2008. Would have extended the statute of
limitations from one-year to five-years for violations of
hazardous material release response plans and allowed district
attorneys to petition the superior court to recover civil
penalties for violations of the Porter-Cologne Water Quality
Control Act. This bill was vetoed by Governor Arnold
Schwarzenegger.
2)AB 1960 (Nava), Chapter 562, Statutes of 2008. Established
new maintenance standards, enforcement authority, and spill
contingency planning requirements for oil production
facilities, to be administered by the Division of Oil, Gas,
and Geothermal Resources. The penalties established by AB
1960 did not specify a jail time option for violations of the
oil spill reporting requirements.
AB 305
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Double-referral: AB 305 has been referred to ESTM and Judiciary
Committees.
REGISTERED SUPPORT / OPPOSITION :
Support
California District Attorneys Association (sponsor)
Opposition
None on file.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965