BILL NUMBER: SB 483	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Jackson

                        FEBRUARY 21, 2013

   An act to amend Section 13143.9 of, and to repeal and add Article
1 (commencing with Section 25500) of Chapter 6.95 of Division 20 of,
the Health and Safety Code, relating to hazardous materials.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 483, as introduced, Jackson. Hazardous materials: business and
area plans.
    (1) Existing law requires the Secretary for Environmental
Protection to adopt regulations and implement a unified hazardous
waste and hazardous materials management regulatory program. Existing
law establishes the respective responsibilities of unified program
agencies, designated to implement that unified program, locally, and
requires the secretary to establish a statewide information
management system for purposes of receiving data collected by unified
program agencies.
   Existing law establishes the responsibility of a local
administering agency authorized to implement and enforce provisions
that require (a) the administering agency to establish area plans for
emergency response to a release or threatened release of a hazardous
material and (b) a business that handles a hazardous material to
establish and implement a business plan for such a response. Existing
law authorizes a unified program agency to implement and enforce
these provisions as an administering agency, as specified.
   Existing law specifies the contents of the business plan required
of the hazardous materials handler and requires the plan to be
submitted to the administering agency. Existing law requires the
administering agency to submit to the Office of Emergency Services,
the area plan, a plan to conduct onsite inspection, and a plan to
institute a date management system. A violation of the business plan
requirements is a misdemeanor.
   This bill would revise and recast the area and business plan
requirements and, among other things, would require instead that a
unified program agency enforce these requirements. The bill would
instead require the inspection program that is part of the unified
program to include the onsite inspections of businesses and would
delete the requirement to institute a data management system. The
bill would require the unified program agency to provide to agencies
that have certain shared responsibilities access to information
collected in the statewide information management system and would
require handlers to submit certain information to that system, as
specified.
   The bill would also delete obsolete provisions and make general
conforming changes.
   The bill would impose a state-mandated local program by creating
new crimes with regard to the submission of business plans and by
imposing new duties upon local agencies with regard to implementing
those requirements.
   (2) 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.
   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 13143.9 of the Health and Safety Code is
amended to read:
   13143.9.  (a) The State Fire Marshal shall, in carrying out
Section 13143, prepare, adopt, and submit building standards and
other fire and life safety regulations for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13
establishing minimum requirements for the storage, handling, and use
of hazardous materials, as defined, in Article 9 of the 1988 Uniform
Fire Code, and any subsequent editions, published by the Western Fire
Chiefs Association and the International Conference of Building
Officials. The State Fire Marshal shall seek the advice of the
California Emergency Management Agency in establishing these
requirements. This section does not prohibit a city, county, or
district from adopting an ordinance, resolution, or regulation
imposing stricter or more stringent requirements than a standard
adopted pursuant to this section.
   (b) A business  which   that  files the
annual inventory form in compliance with Chapter 6.95 (commencing
with Section 25500) of Division 20, including the addendum adopted
pursuant to  Section 25503.9   paragraph (4) of
subdivision (e) of Section 25504  , shall be deemed to have met
the requirements of subdivision (c) of Section 80.103 of the Uniform
Fire Code, as adopted by the State Fire Marshal pursuant to this
section.
   (c) A business  which   that  is not
required to file a hazardous materials inventory form pursuant to
Section  25509   25506  but  which
  that  is required by the local fire chief to
comply with subdivision (c) of Section 80.103 of the Uniform Fire
Code, as adopted by the State Fire Marshal pursuant to this section,
shall, notwithstanding Chapter 6.95 (commencing with Section 25500)
of Division 20, file the inventory form adopted pursuant to Section
 25503.3   25506  and the addendum adopted
pursuant to  Section 25503.9   paragraph (4) of
subdivision (e) of   Section 25504  with the local fire
chief for purposes of complying with this requirement, if determined
to be necessary by the fire chief.
  SEC. 2.  Article 1 (commencing with Section 25500) of Chapter 6.95
of Division 20 of the Health and Safety Code is repealed.
  SEC. 3.  Article 1 (commencing with Section 25500) is added to
Chapter 6.95 of Division 20 of the Health and Safety Code, to read:

      Article 1.  Business and Area Plans


   25500.  (a) The Legislature 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. The
establishment of a statewide environmental reporting system for these
plans is a statewide requirement. Basic information on the location,
type, quantity, and health risks of hazardous materials handled,
used, stored, or disposed of in the state, which could be accidently
released into the environment, is required to be submitted to
firefighters, health officials, planners, public safety officers,
health care providers, regulatory agencies, and other interested
persons. The information provided by business and area plans is
necessary in order to prevent or mitigate the damage to the health
and safety of persons and the environment from the release or
threatened release of hazardous materials into the workplace and
environment.
   (b) The Legislature further finds and declares that this article
and Article 2 (commencing with Section 25531) do not occupy the whole
area of regulating the inventorying of hazardous materials and the
preparation of hazardous materials response plans by businesses, and
the Legislature does not intend to preempt any local actions,
ordinances, or regulations that impose additional or more stringent
requirements on businesses that handle hazardous materials. Thus, in
enacting this article and Article 2 (commencing with Section 25531),
it is not the intent of the Legislature to preempt or otherwise
nullify any other statute or local ordinance containing the same or
greater standards and protections.
   25501.  Unless the context indicates otherwise, the following
definitions govern the construction of this article:
   (a) "Agricultural handler" means a business operating a farm that
is subject to the exemption specified in Section 25507.1.
   (b) "Area plan" means a plan established pursuant to Section 25503
by a unified program agency for emergency response to a release or
threatened release of a hazardous material within a city or county.
   (c) "Business" means all of the following:
   (1) An employer, self-employed individual, trust, firm, joint
stock company, corporation, partnership, or association.
   (2) A business organized for profit and a nonprofit business.
   (3) The federal government, to the extent authorized by law.
   (4) An agency, department, office, board, commission, or bureau of
state government, including, but not limited to, the campuses of the
California Community Colleges, the California State University, and
the University of California.
   (5) An agency, department, office, board, commission, or bureau of
a city, county, or district.
   (d) "Business plan" means a separate plan for each facility, site,
or branch of a business that meets the requirements of Section
25505.
   (e) "Certification statement" means a statement signed by the
business owner, operator, or officially designated representative
that attests to all of the following:
   (1) The information contained in the annual inventory form most
recently submitted to the unified program agency is complete,
accurate, and up to date.
   (2) There has been no change in the quantity of any hazardous
material as reported in the most recently submitted annual inventory
form.
   (3) No hazardous materials subject to the inventory requirements
of this article are being handled that are not listed on the most
recently submitted annual inventory form.
   (4) The most recently submitted annual inventory form contains the
information required by Section 11022 of Title 42 of the United
States Code.
   (f) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
   (2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement or
enforce one or more of the unified program elements specified in
paragraphs (4) and (5) of subdivision (c) of Section 25404, in
accordance with Sections 25404.1 and 25404.2.
   (3) (A) "Unified program agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in paragraphs (4) and
(5) of subdivision (c) of Section 25404. For purposes of this article
and Article 2 (commencing with Section 25531), the UPAs have the
responsibility and authority, to the extent provided by this article
and Article 2 (commencing with Section 25531) and Sections 25404.1
and 25404.2, to implement and enforce only those requirements of this
article and Article 2 (commencing with Section 25531) listed in
paragraphs (4) and (5) of subdivision (c) of Section 25404.
   (B) The UPAs also have the responsibility and authority, to the
extent provided by this article and Article 2 (commencing with
Section 25531) and Sections 25404.1 and 25404.2, to implement and
enforce the regulations adopted to implement the requirements of this
article and Article 2 (commencing with Section 25531) listed in
paragraphs (4) and (5) of subdivision (c) of Section 25404. After a
CUPA has been certified by the secretary, the unified program
agencies shall be the only local agencies authorized to enforce the
requirements of this article and Article 2 (commencing with Section
25531) listed in paragraphs (4) and (5) of subdivision (c) of Section
25404 within the jurisdiction of the CUPA.
   (g) "City" includes any city and county.
   (h) "Chemical name" means the scientific designation of a
substance in accordance with the nomenclature system developed by the
International Union of Pure and Applied Chemistry or the system
developed by the Chemical Abstracts Service.
   (i) "Common name" means any designation or identification, such as
a code name, code number, trade name, or brand name, used to
identify a substance by other than its chemical name.
   (j) "Compressed gas" means a material, or mixture of materials,
that meets either of the following:
   (1) The definition of compressed fluid or cryogenic fluid found in
the California Fire Code.
   (2) Compressed gas that is regulated pursuant to Part 1
(commencing with Section 6300) of Division 5 of the Labor Code.
   (k) "Emergency rescue personnel" means a public employee,
including, but not limited to, a firefighter or emergency rescue
personnel, as defined in Section 245.1 of the Penal Code, or
personnel of a local EMS agency, as designated pursuant to Section
1797.200, or a poison control center, as defined by Section 1797.97,
who responds to any condition caused, in whole or in part, by a
hazardous material that jeopardizes, or could jeopardize, public
health or safety or the environment.
   (l) "Handle" means all of the following:
   (1) (A) To use, generate, process, produce, package, treat, store,
emit, discharge, or dispose of a hazardous material in any fashion.
   (B) For purposes of subparagraph (A), "store" does not include the
storage of hazardous materials incidental to transportation, as
defined in Title 49 of the Code of Federal Regulations, with regard
to the inventory requirements of Section 25506.
   (2) (A) The use or potential for use of a quantity of hazardous
material by the connection of a marine vessel, tank vehicle, tank
car, or container to a system or process for any purpose.
   (B) For purposes of subparagraph (A), the use or potential use
does not include the immediate transfer to or from an approved
atmospheric tank or approved portable tank that is regulated as
loading or unloading incidental to transportation by Title 49 of the
Code of Federal Regulations.
   (m) "Handler" means a business that handles a hazardous material.
   (n) "Hazardous material" means a material that, because of its
quantity, concentration, or physical or chemical characteristics,
poses a significant present or potential hazard to human health and
safety or to the environment if released into the workplace or the
environment. "Hazardous materials" include, but are not limited to,
hazardous substances, hazardous waste, and any material that a
handler or the unified program agency has a reasonable basis for
believing that it would be injurious to the health and safety of
persons or harmful to the environment if released into the workplace
or the environment.
   (o) "Hazardous substance" means any substance or chemical product
for which one of the following applies:
   (1) The manufacturer or producer is required to prepare a MSDS for
the substance or product pursuant to the Hazardous Substances
Information and Training Act (Chapter 2.5 (commencing with Section
6360) of Part 1 of Division 5 of the Labor Code) or pursuant to any
applicable federal law or regulation.
   (2) The substance is listed as a radioactive material in Appendix
B of Chapter 1 (commencing with Section 10.1) of Title 10 of the Code
of Federal Regulations, maintained and updated by the Nuclear
Regulatory Commission.
   (3) Hazardous materials or substances listed in Part 172
(commencing with Section 172.1) and Part 173 (commencing with Section
173.1) of Subchapter C of Chapter I of Subtitle B of Title 49 of the
Code of Federal Regulations.
   (4) The materials in the listings specified in subdivision (b) of
Section 6382 of the Labor Code.
   (p) "Hazardous waste" means hazardous waste, as defined by
Sections 25115 and 25117 and by subdivision (g) of Section 25316.
   (q) (1) "Office" means the Office of Emergency Services.
   (2) Any reference to "agency" in this article means the Office of
Emergency Services.
   (r) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, unless permitted or
authorized by a regulatory agency.
   (s) "Secretary" means the Secretary for Environmental Protection.
   (t) "SIC Code" means the identification number assigned by the
Standard Industrial Classification Code to specific types of
businesses.
   (u) "Statewide information management system" means the statewide
information management system established pursuant to subdivision (e)
of Section 25404 that provides for the combination of state and
local information management systems for the purposes of managing
unified program data.
   (v) "Threatened release" means a condition creating a substantial
probability of harm, when the probability and potential extent of
harm make it reasonably necessary to take immediate action to
prevent, reduce, or mitigate damages to persons, property, or the
environment.
   (w) "Trade secret" means trade secrets as defined in either
subdivision (d) of Section 6254.7 of the Government Code or Section
1061 of the Evidence Code.
   (x) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraphs (4) and (5) of
subdivision (c) of Section 25404.
   25502.  (a) This article, as it pertains to the handling of
hazardous material, shall be implemented by one of the following:
   (1) If there is a CUPA, the unified program agency.
   (2) If there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
   (b) The agency responsible for implementing this article shall
ensure full access to, and the availability of, information submitted
under this article to emergency rescue personnel and other
appropriate governmental entities within its jurisdiction.
   25503.  (a) The office shall adopt, after public hearing and
consultation with the Office of the State Fire Marshal and other
appropriate public entities, regulations for minimum standards for
business plans and area plans. All business plans and area plans
shall meet the standards adopted by the office.
   (b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:
   (1) Set forth minimum requirements of adequacy, and not preclude
the imposition of additional or more stringent requirements by local
government.
   (2) Take into consideration and adjust for the size and nature of
the business, the proximity of the business to residential areas and
other populations, and the nature of the damage potential of its
hazardous materials in establishing standards for paragraphs (3) and
(4) of subdivision (a) of Section 25505.
   (3) Take into account the existence of local area and business
plans that meet the requirements of this article so as to minimize
the duplication of local efforts, consistent with the objectives of
this article.
   (4) Define what releases and threatened releases are required to
be reported pursuant to Section 25510. The office shall consider the
existing federal reporting requirements in determining a definition
of reporting releases pursuant to Section 25510.
   (c) A unified program agency shall establish an area plan for
emergency response to a release or threatened release of a hazardous
material within its jurisdiction. An area plan is not a statute,
ordinance, or regulation for purposes of Section 669 of the Evidence
Code. The standards for area plans in the regulations adopted
pursuant to subdivision (a) shall provide for all of the following:
   (1) Procedures and protocols for emergency rescue personnel,
including the safety and health of those personnel.
   (2) Preemergency planning.
   (3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special
districts.
   (4) Training of appropriate employees.
   (5) Onsite public safety and information.
   (6) Required supplies and equipment.
   (7) Access to emergency response contractors and hazardous waste
disposal sites.
   (8) Incident critique and followup.
   (9) Requirements for notification to the office of reports made
pursuant to Section 25510.
   (d) (1) The unified program agency shall submit to the office for
its review a copy of the proposed area plan within 180 days after
adoption of regulations by the office. The office shall notify the
unified program agency as to whether the area plan is adequate and
meets the area plan standards. The unified program agency shall
submit a corrected area plan within 45 days of this notice.
   (2) The unified program agency shall certify to the office every
three years that it has conducted a complete review of its area plan
and has made any necessary revisions. If a unified program agency
makes a substantial change to its area plan, it shall forward the
changes to the office within 14 days after the changes have been
made.
   (e) The inspection and enforcement program of the unified program
agency that is required to be implemented pursuant to paragraphs (2)
and (3) of subdivision (a) of Section 25404.2, shall include the
basic provisions of a plan to conduct onsite inspections of
businesses subject to this article by either the unified program
agency or other designated entity. These inspections shall ensure
compliance with this article and shall identify existing safety
hazards that could cause or contribute to a release and, where
appropriate, enforce any applicable laws and suggest preventative
measures designed to minimize the risk of the release of hazardous
material into the workplace or environment. The requirements of this
paragraph do not alter or affect the immunity provided to a public
entity pursuant to Section 818.6 of the Government Code.
   25504.  (a) The Legislature hereby finds and declares that persons
attempting to do business in this state are increasingly
experiencing excessive and duplicative regulatory requirements at
different levels of government.
   (b) To streamline and ease the regulatory burdens of doing
business in this state, compliance with the hazardous materials
release response plans and inventory requirements of this article
shall also suffice to meet the requirements of the Hazardous
Materials Management Plan set forth in the California Fire Code and
the requirements of the Hazardous Materials Inventory Statement set
forth in the California Fire Code with regard to the requirement for
a hazardous materials management plan and hazardous materials
inventory statement, as set forth in Chapter 27 of the California
Fire Code and its appendices, to the extent that the information in
the California Fire Code is contained in the hazardous materials
release response plans and inventory requirements of this article.
   (c) The unified program agency shall provide access to the
information collected in the statewide information management system
to those agencies with shared responsibilities for the protection of
the public health and safety and the environment. For those response
agencies that do not have access to electronic information, the
unified program agency shall forward the data collected to the
response agency in a mutually agreeable format, within 15 days of
receipt and confirmation or a mutually agreeable timeframe.
   (d) The enforcement of this article by unified program agencies
and the California Fire Code by those agencies required to enforce
the provisions of that code shall be coordinated.
   (e) (1) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that files
the annual inventory form in compliance with this article, including
the addendum adopted pursuant to paragraph (4), as required by the
local fire chief to comply with Section 2701.5.2 of the California
Fire Code, as adopted by the State Fire Marshal pursuant to Section
13143.9, shall be deemed to have met the requirements of Section
2701.5.2 of the California Fire Code, as adopted by the State Fire
Marshal pursuant to Section 13143.9.
   (2) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that
establishes and maintains a business plan for emergency response to a
release or a threatened release of a hazardous material in
accordance with Section 25505, shall be deemed to have met the
requirements of Section 2701.5.1 of the California Fire Code, as
adopted by the State Fire Marshal pursuant to Section 13143.9.
   (3) Except for the addendum required by the local fire chief
pursuant to paragraph (4), the unified program agency shall be the
sole enforcement agency for purposes of determining compliance
pursuant to paragraphs (1) and (2).
   (4) The office shall, in consultation with the unified program
agencies and the State Fire Marshal, adopt by regulation a single
comprehensive addendum to the hazardous materials reporting form for
businesses to submit to unified program agencies for purposes of
complying with subdivisions (b) and (c) of Section 13143.9 and
subdivision (b) of Section 25506. The regulations shall also specify
criteria for sharing data electronically. The unified program agency
shall require businesses to annually use that addendum when complying
with subdivisions (b) and (c) of Section 13143.9 and subdivision (b)
of Section 25506. The addendum shall be filed with the unified
program agency, when required by the local fire chief.
   (f) Except as otherwise expressly provided in this section, this
section does not affect or otherwise limit the authority of the local
fire chief to enforce the California Fire Code.
   25505.  (a) A business plan shall include all of the following
information:
   (1) The inventory of information required by Section 25506 and
whatever additional information the unified program agency finds is
necessary to protect the health and safety of persons, property, or
the environment. This information shall be subject to trade secret
protection specified in Section 25512.
   (2) A site map, that includes, but is not limited to, property
boundaries, buildings, parking areas and internal drives, adjacent
streets, scale of the map, and storage locations for hazardous
materials.
   (3) Emergency response plans and procedures in the event of a
reportable release or threatened release of a hazardous material,
including, but not limited to, all of the following:
   (A) Immediate notification to the unified program agency and to
the appropriate local emergency rescue personnel.
   (B) Procedures for the mitigation of a release or threatened
release to minimize any potential harm or damage to persons,
property, or the environment.
   (C) Evacuation plans and procedures, including immediate notice,
for the business site.
   (4) Training for all new employees and annual training, including
refresher courses, for all employees in safety procedures in the
event of a release or threatened release of a hazardous material,
including, but not limited to, familiarity with the plans and
procedures specified in paragraph (3). These training programs may
take into consideration the position of each employee. This training
shall be documented and shall be kept readily available for a minimum
of three years.
   (b) A business required to file a pipeline operations contingency
plan in accordance with the California Pipeline Safety Act of 1981
(Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1
of Title 5 of the Government Code) and the regulations of the
Department of Transportation, found in Part 195 (commencing with
Section 195.1) of Subchapter D of Chapter I of Subtitle B of Title 49
of the Code of Federal Regulations, may file a copy of those plans
with the unified program agency instead of filing an emergency
response plan specified in paragraph (3) of subdivision (a).
   25505.1.  A business that is required to establish and implement a
business plan pursuant to Section 25507 and is located on leased or
rented real property shall notify, in writing, the owner of the
property that the business is subject to Section 25507 and has
complied with its provisions, and shall provide a copy of the
business plan to the owner or the owner's agent within five working
days after receiving a request for a copy from the owner or the owner'
s agent.
   25506.  (a) The annual inventory submittal shall include, but
shall not be limited to, information on all of the following that are
handled in quantities equal to or greater than the quantities
specified in subdivision (a) of Section 25507:
   (1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.
   (2) The category of waste, including the general chemical
composition of the waste listed by probable maximum and minimum
concentrations, of every hazardous waste handled by the business.
   (3) A listing of the chemical name and common names of every other
hazardous material or mixture containing a hazardous material
handled by the business that is not otherwise listed pursuant to
paragraph (1) or (2).
   (4) The maximum amount of each hazardous material or mixture
containing a hazardous material disclosed in paragraphs (1), (2), and
(3) that is handled at any one time by the business over the course
of the year.
   (5) The total estimated amounts of each hazardous waste handled by
the business throughout the course of the year.
   (6) Sufficient information on how and where the hazardous
materials disclosed in paragraphs (1), (2), and (3) are handled by
the business to allow fire, safety, health, and other appropriate
personnel to prepare adequate emergency responses to potential
releases of the hazardous materials.
   (7) The SIC Code number of the business, if applicable.
   (8) The name and telephone number of the person representing the
business and able to assist emergency personnel in the event of an
emergency involving the business during nonbusiness hours.
   (b) If the local fire chief requires the business to comply with
the requirements of subdivision (c) of Section 2701.5.2 of the
California Fire Code, as adopted by the State Fire Marshal pursuant
to Section 13143.9, the business shall also file the addendum
required by paragraph (4) of subdivision (e) of Section 25504 with
the unified program agency.
                                                             (c) (1)
Except as provided in subdivision (d), the annual inventory
information required by this section shall also include all inventory
information required by Section 11022 of Title 42 of the United
States Code.
   (2) The office may adopt or amend existing regulations specifying
the inventory information required by this subdivision.
   (d) If, pursuant to federal law or regulation, as it currently
exists or as it may be amended, the office determinates that the
inventory information required by subdivisions (a) and (c) is
substantially equivalent to the inventory information required under
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Sec. 11001 et seq.), the requirements of subdivisions (a) and
(c) shall not apply.
   25507.  (a) Except as provided in this article, a business shall
establish and implement a business plan for emergency response to a
release or threatened release of a hazardous material in accordance
with the standards prescribed in the regulations adopted pursuant to
Section 25503 if the business meets any of the following conditions:
   (1) The business handles a hazardous material or a mixture
containing a hazardous material that has a quantity at any one time
during the reporting year that is equal to, or greater than, 55
gallons for materials that are liquids, 500 pounds for solids, and
200 cubic feet for compressed gas. The physical state and quantity
present of mixtures shall be determined by the physical state of the
mixture as whole, not individual components, at standard temperature
and pressure.
   (2) The business is required to submit chemical inventory
information pursuant to Section 11022 of Title 42 of the United
States Code.
   (3) The business handles at any one time during the reporting year
an amount of a hazardous material that is equal to, or greater than
the threshold planning quantity, under both of the following
conditions:
   (A) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
   (B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
   (4) (A) The business handles at any one time during the reporting
year a total weight of 5,000 pounds for solids and a total volume of
550 gallons for liquids, if the hazardous material is a solid or
liquid substance that is classified as a hazard for purposes of
Section 5194 of Title 8 of the California Code of Regulations solely
as an irritant or sensitizer, unless the unified program agency
finds, and provides notice to the business handling the product, that
the handling of lesser quantities of that hazardous material
requires the submission of a business plan, or any portion of a
business plan, in response to public health, safety, or environmental
concerns.
   (B) The unified program agency shall make the findings required by
subparagraph (A) in consultation with the local fire chief.
   (5) (A) The business handles at any one time during the reporting
year a total of 1,000 cubic feet, if the hazardous material is a
compressed gas and is classified as a hazard for the purposes of
Section 5194 of Title 8 of the California Code of Regulations solely
as a compressed gas, unless the unified program agency finds, and
provides notice to the business handling the product, that the
handling of lesser quantities of that hazardous material requires the
submission of a business plan, or any portion thereof, in response
to public health, safety, or environmental concerns.
    (B) The unified program agency shall make the findings required
by subparagraph (A) in consultation with the local fire chief.
   (C) The hazardous materials subject to subparagraph (A) include a
gas for which the only health and physical hazards are simple
asphyxiation and the release of pressure.
   (D) The hazardous materials subject to subparagraph (A) do not
include gases in a cryogenic state.
   (6) The business handles a radioactive material at any one time
during the reporting year that is handled in quantities for which an
emergency plan is required to be adopted pursuant to Part 30
(commencing with Section 30.1), Part 40 (commencing with Section
40.1), or Part 70 (commencing with Section 70.1), of Chapter 1 of
Title 10 of the Code of Federal Regulations, or pursuant to any
regulations adopted by the state in accordance with those
regulations.
   (7) The business handles perchlorate material, as defined in
subdivision (c) of Section 25210.5, in excess of a threshold
specified in paragraph (1), (3), or (4).
   (b) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained by
a physician, dentist, podiatrist, veterinarian, or pharmacist, at his
or her office or place of business, stored at each office or place
of business in quantities of not more than 1,000 cubic feet of each
material at any one time, are exempt from this section and from
Section 25506. The unified program agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.
   (c) (1) Lubricating oil is exempt from this section and Sections
25506 and 25508, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.
   (2) For purposes of this paragraph, "lubricating oil" means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
   (d) Oil-filled electrical equipment that is not contiguous to an
electric facility is exempt from this section and Sections 25506 and
25508 if the aggregate capacity is less than 1,320 gallons.
   (e) Hazardous material contained solely in a consumer product for
direct distribution to, and use by, the general public is exempt from
the business plan requirements of this article unless the unified
program agency has found, and has provided notice to the business
handling the product, that the handling of certain quantities of the
product requires the submission of a business plan, or any portion
thereof, in response to public health, safety, or environmental
concerns.
   (f) In addition to the authority specified in subdivision (h), the
unified program agency may, in exceptional circumstances, following
notice and public hearing, exempt a hazardous substance specified in
subdivision (o) of Section 25501 from Section 25506, if the unified
program agency finds that the hazardous substance would not pose a
present or potential danger to the environment or to human health and
safety if the hazardous substance was released into the environment.
The unified program agency shall specify in writing the basis for
granting an exemption under this subdivision. The unified program
agency shall send a notice to the office within five days from the
effective date of any exemption granted pursuant to this subdivision.

   (g) The unified program agency, upon application by a handler, may
exempt the handler, under conditions that the unified program agency
determines to be proper, from any portion of the business plan, upon
a written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment, or affect the ability of the unified program agency and
emergency rescue personnel to effectively respond to the release of a
hazardous material, and that there are unusual circumstances
justifying the exemption. The unified program agency shall specify in
writing the basis for any exemption under this subdivision.
   (h) The unified program agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
article upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
unified program agency shall specify in writing the basis for any
exemption under this subdivision.
   (i) The unified program agency shall adopt procedures to provide
for public input when approving applications submitted pursuant to
subdivisions (g) and (h).
   25507.1.  (a) A unified program agency shall exempt a business
operating a farm for purposes of cultivating the soil or raising or
harvesting any agricultural or horticultural commodity from filing
the information in the business plan required by paragraphs (3) and
(4) of subdivision (a) of Section 25505 if all of the following
requirements are met:
   (1) The agricultural handler annually submits the inventory of
information required by Section 25505 to the statewide environmental
reporting system
   (2) Each building in which hazardous materials subject to this
article are stored is posted with signs, in accordance with
regulations that the agency shall adopt, that provide notice of the
storage of any of the following:
   (A) Pesticides.
   (B) Petroleum fuels and oil.
   (C) Types of fertilizers.
   (3) The agricultural handler provides the training programs
specified in paragraph (4) of subdivision (a) of Section 25505.
   (b) The unified program agency may designate the county
agricultural commissioner to conduct the inspections of agricultural
handlers. The agricultural commissioner shall schedule and conduct
inspections in accordance with Section 25511.
   25507.2.  (a) The unified program agency shall exempt a business
operating an unstaffed remote facility located in an isolated
sparsely populated area from the Sections 25506 and 25507 if the
facility is not otherwise subject to the requirements of applicable
federal law, and all of the following requirements are met:
   (1) The types and quantities of materials onsite are limited to
one or more of the following:
   (A) One thousand standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
   (B) Five hundred gallons of combustible liquid used as a fuel
source.
   (C) Two hundred gallons of corrosive liquids used as electrolytes
in closed containers.
   (D) Five hundred gallons of lubricating and hydraulic fluids.
   (E) One thousand two hundred gallons of flammable gas used as a
fuel source.
   (F) Any quantity of mineral oil contained within electrical
equipment, such as transformers, bushings, electrical switches, and
voltage regulators, if the spill prevention control and
countermeasure plan has been prepared for quantities in excess of
1,320 gallons.
   (2) The facility is secured and not accessible to the public.
   (3) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
   (4) A one-time notification and inventory are provided to the
unified program agency along with a processing fee in lieu of the
existing fee. The fee shall not exceed the actual cost of processing
the notification and inventory, including a verification inspection,
if necessary.
   (5) If the information contained in the initial notification or
inventory changes and the time period of the change is longer than 30
days, the notification or inventory shall be resubmitted within 30
days to the unified program agency to reflect the change, along with
a processing fee, in lieu of the existing fee, that does not exceed
the actual cost of processing the amended notification or inventory,
including a verification inspection, if necessary.
   (6) The unified program agency shall forward a copy of the
notification and inventory to those agencies that share
responsibility for emergency response.
   (7) The unified program agency may require an unstaffed remote
facility to submit a hazardous materials business plan and inventory
in accordance with this article if the agency finds that special
circumstances exist so that development and maintenance of the
business plan and inventory are necessary to protect the public
health and safety and the environment.
   (b) On-premises use, storage, or both, of propane in an amount not
to exceed 500 gallons that is for the sole purpose of cooking,
heating the employee work areas, and heating water, within that
business, is exempt from Section 25507, unless the uniform program
agency finds, and provides notice to the business handling the
propane, that the handling of the on-premise propane requires the
submission of a business plan, or any portion of a business plan, in
response to public health, safety, or environmental concerns.
   (c) The unified program agency shall provide all information
obtained from completed inventory forms, upon request, to emergency
rescue personnel on a 24-hour basis.
   25508.  (a) (1) A handler shall submit its business plan to the
statewide information management system in accordance with the
requirements of this article and certify that the business plan meets
the requirements of this article.
   (2) If, after review, the unified program agency determines that
the handler's business plan is deficient in any way, the unified
program agency shall notify the handler of those deficiencies. The
handler shall submit a corrected business plan within 30 days from
the date of the notice.
   (3) If a handler fails, after reasonable notice, to submit a
business plan in compliance with this article, the unified program
agency shall take appropriate action to enforce this article,
including the imposition of civil and criminal penalties as specified
in this article.
   (4) For data that has not been defined by data elements or data
field, and that is reported using a document format, the use of a
reporting method accepted by the statewide information management
system shall be considered compliance with the requirement to submit
a business plan. If the reporting option used does not support public
records requests from the public, the handler shall provide
requested documents to the unified program agency within 10 business
days of a request from the unified program agency.
   (b) A handler shall review the business plan submitted pursuant to
subdivision (a) at least once every three years to determine if a
revision is needed and shall certify to the unified program agency
that the review was made and that any necessary changes were made to
the plan.
   (c) Unless exempted from the business plan requirements under this
article, a handler shall annually review the inventory statement and
resubmit or certify as correct the inventory information in the
statewide environmental reporting system.
   (d) A business required to establish and implement a business plan
pursuant to subdivision (a) shall not be deemed to be in violation
of this article until 30 days after the business becomes subject to
subdivision (a), unless the unified program agency requests the
business to establish and implement the business plan at an earlier
date.
   25508.1.  Within 30 days of any one of the following events, a
business subject to Section 25508 shall update the information
submitted to the statewide environmental reporting system:
   (a) A 100 percent or more increase in the quantity of a previously
disclosed material.
   (b) Any handling of a previously undisclosed hazardous material
subject to the inventory requirements of this article.
   (c) Change of business address.
   (d) Change of business ownership.
   (e) Change of business name.
   (f) A substantial change in the handler's operations occurs that
requires modification to any portion of the business plan.
   25509.  (a) The unified program agency shall maintain records of
all business plans received and shall index the plans by street
address and company name. The business plan and revisions shall be
available for public inspection during the regular working hours of
the unified program agency, except that those portions of the
business plan specifying the precise location where hazardous
materials are stored and handled onsite, including any maps of the
site, as required by paragraph (2) of subdivision (a) of Section
25505, shall not be available for inspection. The unified program
agency shall transmit copies of the entire business plan or any
information contained in the business plan to any requesting state or
local agency.
   (b) A person who submits inventory information required under
Section 25506 with the unified program agency shall be deemed to have
filed the inventory form required by Section 11022(a) of Title 42 of
the United States Code with the state emergency response commission
and emergency planning committee established pursuant to Section
11001 of Title 42 of the United States Code.
   (c) The unified program agency shall, upon request, transmit the
information collected pursuant to this chapter to the Chemical
Emergency Planning and Response Commission, established by the
Governor as the state emergency response commission pursuant to
Section 11001(a) of Title 42 of the United States Code, and to the
local emergency planning committee established pursuant to Section
11001(c) of Title 42 of the United States Code.
   25510.  (a) Except as provided in subdivision (b), the handler or
an employee, authorized representative, agent, or designee of a
handler, shall, upon discovery, immediately report any release or
threatened release of a hazardous material to the unified program
agency, and to the office, in accordance with the regulations adopted
pursuant to Section 25503. The handler or an employee, authorized
representative, agent, or designee of the handler shall provide all
state, city, or county fire or public health or safety personnel and
emergency rescue personnel with access to the handler's facilities.
   (b) Subdivision (a) does not apply to a person engaged in the
transportation of a hazardous material on a highway that is subject
to, and in compliance with, the requirements of Sections 2453 and
23112.5 of the Vehicle Code.
   25510.1.  (a) A business required to submit a followup emergency
notice pursuant to of Section 11004(c) of Title 42 of the United
States Code shall submit the notice on a form approved by the office.

   (b) The office may adopt guidelines for the use of the forms
required by subdivision (a).
   25510.2.  In order to carry out the purposes of this chapter, a
unified program agency may train for, and respond to, the release, or
threatened release, of a hazardous material.
   25510.3.  The emergency rescue personnel, responding to the
reported release or threatened release of a hazardous material, or of
a regulated substance, as defined in Section 25532, or to any fire
or explosion involving a material or substance that involves a
release that would be required to be reported pursuant to Section
25510, shall immediately advise the superintendent of the school
district having jurisdiction, where the location of the release or
threatened release is within one-half mile of a school.
   25511.  (a) In order to carry out the purposes of this article and
Article 2 (commencing with Section 25531), an employee or authorized
representative of a unified program agency has the authority
specified in Section 25185, with respect to the premises of a
handler, and in Section 25185.5, with respect to real property that
is within 2,000 feet of the premises of a handler, except that this
authority shall include conducting inspections concerning hazardous
material, in addition to hazardous waste.
   (b) In addition to the requirements of Section 25537, the unified
program agency shall conduct inspections of every business subject to
this article at least once every three years to determine if the
business is in compliance with this article. The unified program
agency shall give priority, when conducting these inspections, to
inspecting facilities that are required to prepare a risk management
plan pursuant to Article 2 (commencing with Section 25531). In
establishing a schedule for conducting inspections pursuant to this
section, the unified program agency may adopt and use an index of the
volatility, toxicity, and quantity of regulated substances and
hazardous materials. A unified program agency shall attempt to
schedule the inspections conducted pursuant to this section and
Section 25537, when applicable, during the same time period.
   (c) The unified program agency may designate the county
agricultural commissioner to conduct the inspection of agricultural
handlers for purposes of Section 25507.1.
   25512.  (a) As used in this section "trade secret" means a trade
secret as defined in either subdivision (d) of Section 6254.7 of the
Government Code or Section 1061 of the Evidence Code.
   (b) (1) If a business believes that the inventory required by this
article involves the release of a trade secret, the business shall
nevertheless provide this information to the unified program agency,
and shall notify the unified program agency in writing of that belief
on the inventory form.
   (2) Subject to subdivisions (d) and (e), the unified program
agency shall protect from disclosure any information designated as a
trade secret by the business pursuant to paragraph (1).
   (c) (1) Upon the receipt of a request for the release of
information to the public that includes information that the business
has notified the unified program agency is a trade secret pursuant
to paragraph (1) of subdivision (b), the unified program agency shall
notify the business in writing of the request by certified mail,
return receipt requested.
   (2) The unified program agency shall release the requested
information to the public 30 days or more after the date of mailing
to the business the notice of the request for information, unless,
prior to the expiration of the 30-day period, the business files an
action in an appropriate court for a declaratory judgment that the
information is subject to protection under subdivision (b) or for an
injunction prohibiting disclosure of the information to the public,
and promptly notifies the unified program agency of that action.
   (3) This subdivision does not permit a business to refuse to
disclose the information required pursuant to this section to the
unified program agency.
   (d) Except as provided in subdivision (c), any information that
has been designated as a trade secret by a business is confidential
information for purposes of this section and shall not be disclosed
to anyone except the following:
   (1) An officer or employee of the county, city, state, or the
United States, in connection with the official duties of that officer
or employee under any law for the protection of health, or
contractors with the county, city, state and their employees if, in
the opinion of the unified program agency, disclosure is necessary
and required for the satisfactory performance of a contract, for
performance of work, or to protect the health and safety of the
employees of the contractor.
   (2) A physician if the physician certifies in writing to the
unified program agency that the information is necessary to the
medical treatment of the physician's patient.
   (e) A physician who, by virtue of having obtained possession of,
or access to, confidential information, and who, knowing that
disclosure of the information to the general public is prohibited by
this section, knowingly and willfully discloses the information in
any manner to a person not entitled to receive it, is guilty of a
misdemeanor.
   (f) An officer or employee of the county or city, or former
officer or employee who, by virtue of that employment or official
position, has possession of, or has access to, confidential
information, and who, knowing that disclosure of the information to
the general public is prohibited by this section, knowingly and
willfully discloses the information in any manner to a person not
entitled to receive it, is guilty of a misdemeanor. A contractor with
the county or city and an employee of the contractor, who has been
furnished information as authorized by this section, shall be
considered an employee of the county or city for purposes of this
section.
   (g) Information certified by appropriate officials of the United
States as necessary to be kept secret for national defense purposes
shall be accorded the full protections against disclosure as
specified by those officials or in accordance with the laws of the
United States.
   25513.1.  Notwithstanding any other law, a public entity shall not
be held liable for any injury or damages resulting from an
inadequate or negligent review of a business plan conducted pursuant
to Section 25508.
   25513.2.  (a) The submission of any information required under
this article does not affect any other liability or responsibility of
a business with regard to safeguarding the health and safety of an
employee or any other person.
   (b) Compliance with this article shall not be deemed to be
compliance with the duty of care required of any business for
purposes of any judicial or administrative proceeding conducted
pursuant to any other provision of law.
   25514.  Each administering county or city may, upon a majority
vote of the governing body, adopt a schedule of fees to be collected
from each business required to submit a business plan pursuant to
this article that is within its jurisdiction. The governing body may
provide for the waiver of fees when a business, as defined in
paragraph (3), (4), or (5) of subdivision (c) of Section 25501,
submits a business plan. The fee shall be set in an amount sufficient
to pay only those costs incurred by the unified program agency in
carrying out this article. In determining the fee schedule, the
unified program agency shall consider the volume and degree of hazard
potential of the hazardous materials handled by the businesses
subject to this article.
   25515.  (a) A business that violates Sections 25504 to 25508.1,
inclusive, or Section 25510, shall be civilly liable to the unified
program agency in an amount of not more than two thousand dollars
($2,000) for each day in which the violation occurs. If the violation
results in, or significantly contributes to, an emergency, including
a fire, the business 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) A business that knowingly violates Sections 25504 to
25508.1, inclusive, or Section 25510, after reasonable notice of the
violation shall be civilly liable to the unified program agency in
an amount not to exceed five thousand dollars ($5,000) for each day
in which the violation occurs.
   25515.1.  A person that knowingly violates Sections 25504 to
25508.1, inclusive, after reasonable notice of the violation, is,
upon conviction, guilty of a misdemeanor. This section does not
preempt any other applicable criminal or civil penalties.
   25515.2.  (a) Notwithstanding Section 25515, a business that
violates this article is liable to a unified program agency for an
administrative penalty not greater than two thousand dollars ($2,000)
for each day in which the violation occurs. If the violation results
in, or significantly contributes to, an emergency, including a fire
or health or medical problem requiring toxicological, health, or
medical consultation, the business shall also be assessed the full
cost of the county, city, fire district, local EMS agency designated
pursuant to Section 1797.200, or poison control center as defined by
Section 1797.97, emergency response, as well as the cost of cleaning
up and disposing of the hazardous materials.
   (b) Notwithstanding Section 25515, a business that knowingly
violates this article after reasonable notice of the violation is
liable for an administrative penalty, not greater than five thousand
dollars ($5,000) for each day in which the violation occurs.
   (c) When a unified program agency issues an enforcement order or
assesses an administrative penalty, or both, for a violation of this
article, the unified program agency shall utilize the administrative
enforcement procedures, including the hearing procedures, specified
in Sections 25404.1.1 and 25404.1.2.
   25515.3.  (a) A person or business who violates Section 25510
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 a 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 pursuant to subdivision (h) of Section
1170 of the Penal Code for 16, 20, or 24 months or in a 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 25510, 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.
   25515.4.  A person who willfully prevents, interferes with, or
attempts to impede the enforcement of this article by any authorized
representative of a unified program agency is, upon conviction,
guilty of a misdemeanor.
   25515.5.  (a) All criminal penalties collected pursuant to this
article shall be apportioned in the following manner:
   (1) Fifty percent shall be paid to the office of the city
attorney, district attorney, or Attorney General, whichever office
brought the action.
   (2) Fifty percent shall be paid to the agency which is responsible
for the investigation of the action.
   (b) All civil penalties collected pursuant to this chapter shall
be apportioned in the following manner:
   (1) Fifty percent shall be paid to the office of the city
attorney, district attorney, or Attorney General, whichever office
brought the action.
   (2) Fifty percent shall be paid to the agency responsible for the
investigation of the action.
   (c) If a reward is paid to a person pursuant to Section 25517, the
amount of the reward shall be deducted from the amount of the
criminal or civil penalty before the amount is apportioned pursuant
to subdivisions (a) and (b).
   25515.6.  (a) If the unified program agency determines that a
business has engaged in, is engaged in, or is about to engage in acts
or practices that constitute or will constitute a violation of this
article or a regulation or order adopted or issued pursuant to this
article, and when requested by the unified program agency, the city
attorney of the city or the district attorney of the county in which
those acts or practices have occurred, are occurring, or will occur
shall apply to the superior court for an order enjoining the acts or
practices for an order directing compliance, and, upon a showing that
the person or business has engaged in, is engaged in, or is about to
engage in the acts or practices, a permanent or temporary
injunction, restraining order, or other appropriate order may be
granted.
   (b) This section does not prohibit a city attorney or district
attorney from seeking the same relief upon the city attorney's or
district attorney's own motion.
   25515.7.  Every civil action brought under this article or Article
2 (commencing with Section 25531) shall be brought by the city
attorney, district attorney, or Attorney General in the name of the
people of the State of California, and any actions relating to the
same violation may be joined or consolidated.
   25515.8.  (a) In a civil action brought pursuant to this article
or Article 2 (commencing with Section 25531) in which a temporary
restraining order, preliminary injunction, or permanent injunction is
sought, it is not necessary to allege or prove at any stage of the
proceeding any of the following:
   (1) Irreparable damage will occur should the temporary restraining
order, preliminary injunction, or permanent injunction not be
issued.
   (2) The remedy at law is inadequate.
   (b) The court shall issue a temporary restraining order,
preliminary injunction, or permanent injunction in a civil action
brought pursuant to this article or Article 2 (commencing with
Section 25531) without the allegations and without the proof
specified in subdivision (a).
   25517.  (a) A person who provides information that materially
contributes to the imposition of a civil penalty, whether by
settlement or court order, under Section 25515 or 25515.2, as
determined by the city attorney, district attorney, or the Attorney
General filing the action, shall be paid a reward by the unified
program agency or the state equal to 10 percent of the amount of the
civil penalty collected. The reward shall be paid from the amount of
the civil penalty collected. No reward paid pursuant to this
subdivision shall exceed five thousand dollars ($5,000).
   (b) A person who provides information that materially contributes
to the conviction of a person or business under Section 25515.1 or
25515.3, as determined by the city attorney, district attorney, or
the Attorney General filing the action, shall be paid a reward by the
unified program agency or the state equal to 10 percent of the
amount of the fine collected. The reward shall be paid from the
amount of the fine collected. No reward paid pursuant to this
subdivision shall exceed five thousand dollars ($5,000).
   (c) An informant shall not be eligible for a reward for a
violation known to the unified program agency, unless the information
materially contributes to the imposition of criminal or civil
penalties for a violation specified in this section.
   (d) If there is more than one informant for a single violation,
the person making the first notification received by the office which
brought the action shall be eligible for the reward, except that, if
the notifications are postmarked on the same day or telephoned
notifications are received on the same day, the reward shall be
divided equally among those informants.
   (e) Public officers and employees of the United States, the State
of California, or counties and cities in this state are not eligible
for the reward pursuant to subdivision (a) or (b), unless the
providing of the information does not relate in any manner to their
responsibilities as public officers or employees.
   (f) An informant who is an employee of a business and who provides
information that the business has violated this chapter is not
eligible for a reward if the employee intentionally or negligently
caused the violation or if the employee's primary and regular
responsibilities included investigating the violation, unless the
business knowingly caused the violation.
   (g) The unified program agency or the state shall pay rewards
under this section pursuant to the following procedures:
   (1) An application shall be signed by the informant and presented
to the unified program agency or the state within 60 days after a
final judgment has been entered or the period for an appeal of a
judgment has expired.
   (2) The determination by the district attorney, city attorney, or
Attorney General as to whether the information provided by the
applicant materially contributed to the imposition of a judgment
under Section 25515.1 or 25515.3 shall be final.
   (3) The unified program agency or the state shall notify the
applicant in writing of its decision to grant or deny a reward within
a reasonable time period following the filing of an application.
   (4) Approved reward claims shall be paid by the unified program
agency or the state within 30 days of the collection and deposit of
the penalties specified in subdivisions (a) and (b).
   (h) The names of reward applicants or informants shall not be
disclosed by the unified program agency or the state unless the names
are otherwise publicly disclosed as part of a judicial proceeding.
   (i) Notwithstanding any other provision of this section, rewards
paid by the state shall only be paid after appropriation by the
Legislature.
   25518.  The office may develop materials, including guidelines and
informational pamphlets, to assist businesses to fulfill their
obligations under this article.
   25519.  This article shall be construed liberally so as to
accomplish the intent of the Legislature in protecting the public
health, safety, and the environment.
   25520.  If any provision of this article or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of this
article that can be given effect without the invalid provision or
application, and to that end the provisions of this article are
severable.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act or because 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.