BILL ANALYSIS
AB 305
Page 1
ASSEMBLY THIRD READING
AB 305 (Nava)
As Amended May 6, 2009
Majority vote
ENVIRONMENTAL SAFETY 6-0 PUBLIC SAFETY
7-0
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|Ayes:|Chesbro, Miller, Davis, |Ayes:|Solorio, Hagman, |
| |Feuer, Ruskin, Smyth | |Furutani, Gilmore, Hill, |
| | | |Ma, Skinner |
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APPROPRIATIONS 15-0
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|Ayes:|De Leon, Nielsen, |
| |Ammiano, |
| |Charles Calderon, Davis, |
| |Duvall, Fuentes, Hall, |
| |Harkey, John A. Perez, |
| |Price, Skinner, Solorio, |
| |Audra Strickland, |
| |Torlakson |
| | |
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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 one to five 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 county jail.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
negligible, non-reimbursable costs to local district attorneys who
pursue violations of the Business Plan related to the Health and
Safety Code that would have otherwise fallen outside the 1-year
statute of limitation.
AB 305
Page 2
COMMENTS : This bill addresses two separate issues involving
hazardous material enforcement: -1) extending the statutes of
limitation on pursuing violations of the requirements of Business
Plans, and 2) authorizes a prison or county jail 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.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN:
0001043