BILL ANALYSIS
AB 305
Page 1
Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 305 (Nava) - As Amended: May 6, 2009
Policy Committee: Environmental
Safety Vote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill extends the statute of limitations for violations
relating to hazardous materials release response plans and
inventory. It also authorizes 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 Hazardous Materials Business Plans
(HMBPs).
2)Makes a knowing failure to report an oil spill or knowingly
making a false or misleading report of an oil spill occurring
in state waters punishable, upon conviction, by imprisonment
for up to one year in the county jail, in addition to existing
monetary penalties.
FISCAL EFFECT
Negligible, nonreimbursable costs to local districts attorneys
who pursue violations of the Health and Safety Code that would
have otherwise fallen outside the 1-year statute of limitation.
COMMENTS
1)Rationale. The author notes that outdated hazardous material
business plans endanger first responders, employees, and the
public. The author claims longer statute of limitation for
hazardous material business plan violations will give
prosecutors sufficient time to prosecute those who fail to
maintain their hazardous material inventories and response
AB 305
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plans, thereby increasing public safety. Additionally, the
author contends adding jail time for failure to report oil
spills or for making false or misleading reports about spills
pressures polluters to immediately and accurately report oil
spills occurring in waters of the state.
Both aspects of this bill were recommended and are sponsored
by the California District Attorneys Association (CDAA).
2)Background.
a) DAs Want More Time. Existing law requires a business
that handles hazardous materials to maintain a hazardous
material business plan (HMBP). An HMBP is to contain
detailed information on hazardous materials at a facility;
emergency response plans and procedures in the event of a
reportable release or threatened release of a hazardous
material; and training for all employees in safety
procedures in the event of a release or threatened release
of a hazardous material. In addition, the law requires a
handler or any employee, designee, or representative, upon
discovery, to immediately report any release or threatened
release of a hazardous material to the appropriate agency
and to the Office of Emergency Services.
According to CDAA, investigations of failure to maintain
HMBPs or to report release of hazardous materials
oftentimes coincides with investigations into other,
related violations, such underground storage tank leaks.
However, the statute of limitation for these other
violations is typically five years, whereas the limitation
for HMBP violations currently is one year. DAs complain
that, as a result, they must file charges before having
thoroughly investigated potential crimes in order to meet
the 1-year statute of limitation; or, they must forego
filing charges for the HMBP violation while completing
investigations of other, related violations. Having
consistent statutes of limitations for interrelated
hazardous waste violations would, CDAA claims, allow for
more efficient and effective enforcement.
b) The DAs Want Jail Time, Too. AB 1960 (Nava, Chapter
562, Statutes of 2008) established a maximum penalty of
$50,000 for failing to report or making a false report
about an oil spill in nonmarine waters. However, AB 1960
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did not include the option of jail time for those same
offenses. As a result, it is unclear whether AB 1960
establishes as a misdemeanor violation of these oil spill
reporting requirements. CDAA, in reviewing the chaptered
version of AB 1960, recommended the addition of up to1-year
of jail time in addition to the option of monetary fines,
consistent with penalties for misdemeanor violations.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081