Amended in Assembly July 1, 2013

Amended in Assembly June 19, 2013

Senate Bill No. 483

Introduced by Senator Jackson

February 21, 2013

An act to amend begin delete Section end delete begin insert Sections end insert 13143.9 begin insert and 25214.14 end insert 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 amended, Jackson. Hazardous materials: business and area begin delete plans. end delete begin insert plans: packaging. end insert

(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 data 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.

begin insert

(2) Existing law prohibits a person from offering for sale or for promotional purposes in this state a package, packaging component, or product in a package if the sum of the incidental total concentration levels of regulated metals exceeds a specified level in the package or packaging component. Until January 1, 2010, existing law exempted from that prohibition a package or packaging component if a manufacturer or supplier complied with certain documentation requirements and the package or packaging component contained no intentionally introduced regulated metals, but exceeded the applicable maximum concentration level set only because of the addition of a recycled material.

end insert begin insert

This bill would reenact and extend that exemption to January 1, 2015.

end insert begin delete

(2)

end delete

begin insert ( end insert begin insert 3) end insert  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 the California Fire
Code. The State Fire Marshal shall seek the advice of the Office
of Emergency Services 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 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 paragraph (4) of
subdivision (e) of Section 25504, shall be deemed to have met the
requirements of the California Fire Code regarding hazardous
materials inventory statements, as adopted by the State Fire
Marshal pursuant to this section.

(c) A business that is not required to file a hazardous materials
inventory form pursuant to Section 25506 but that is required by
the local fire chief to comply with the California Fire Code
regarding hazardous materials inventory statements, 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
25506 and the addendum adopted pursuant to 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25214.14 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25214.14.  

A package or a packaging component is exempt
from the requirements of Section 25214.13, and shall be deemed
in compliance with this article, if the manufacturer or supplier
complies with the applicable documentation requirements specified
in Section 25214.15 and the package or packaging component
meets any of the following conditions:

(a) The package or packaging component is marked with a code
indicating a date of manufacture prior to January 1, 2006.

(b) A regulated metal has been added to the package or
packaging component in the manufacturing, forming, printing, or
distribution process, to comply with the health or safety
requirements of a federal or state law.

(c) (1) The package or packaging component contains no
intentionally introduced regulated metals, but exceeds the
applicable maximum concentration level set forth in subdivision
(c) of Section 25214.13 only because of the addition of a recycled
material.

(2) This subdivision, and all exemptions provided pursuant to
it, expire on January 1, begin delete 2010 end delete begin insert 2015 end insert .

(d) (1) A regulated metal has been added to the package or
packaging component in the manufacturing, forming, printing, or
distribution process for a use for which there is no feasible
alternative.

(2) For purposes of this subdivision, “a use for which there is
no feasible alternative” means a use, other than for purposes of
marketing, for which a regulated metal is essential to the protection,
safe handling, or function, of the package’s contents, and technical
constraints preclude the substitution of other materials.

(e) (1) The package or packaging component is reused and
contains no intentionally introduced regulated metals, but exceeds
the applicable maximum concentration level set forth in subdivision
(c) of Section 25214.13, and all of the following apply:

(A) The product being conveyed by the package, the package,
or packaging component is otherwise regulated under a federal or
state health or safety requirement.

(B) The transportation of the packaged product is regulated
under federal or state transportation requirements.

(C) The disposal of the package is otherwise performed
according to the requirements of this chapter or Chapter 8
(commencing with Section 114960) of Part 9 of Division 104.

(2) This subdivision, and all exemptions provided pursuant to
it, expire on January 1, 2010.

(f) (1) The package or packaging component has a controlled
distribution and reuse and contains no intentionally introduced
regulated metals, but exceeds the applicable maximum
concentration level set forth in subdivision (c) of Section 25214.13.

(2) This subdivision, and all exemptions provided pursuant to
it, expire on January 1, 2010.

(g) (1) The packaging or packaging component is a glass or
ceramic package or packaging component that has a vitrified label,
and that, when tested in accordance with the Waste Extraction
Test, described in Appendix II of Chapter 11 (commencing with
Section 66261.1) of Division 4.5 of Title 22 of the California Code
of Regulations does not exceed 1.0 ppm for cadmium, 5.0 ppm
for hexavalent chromium, or 5.0 ppm for lead. A glass or ceramic
package or packaging component containing mercury is not
exempted pursuant to this subdivision.

(2) A glass bottle package with paint or applied ceramic
decoration on the bottle does not qualify for an exemption pursuant
to this section, if the paint or applied ceramic decoration contains
lead or lead compounds in excess of 0.06 percent by weight.

(3) This subdivision, and all exemptions provided pursuant to
it, expire on January 1, 2010.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Article 1 (commencing with Section 25500) of Chapter
6.95 of Division 20 of the Health and Safety Code is repealed.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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
accidentally 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 certification by the
business owner, operator, or officially designated representative
that attests to all of the following:

(1) The information last submitted to the statewide information
management system is complete, accurate, and up to date.

(2) There has been no change in the quantity of any hazardous
material, as most recently submitted to the statewide information
management system.

(3) No hazardous materials subject to the inventory requirements
of this article are being handled that are not listed on the inventory
most recently submitted to the statewide information management
system.

(4) The information most recently submitted to the statewide
information management system 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.

begin delete

(4)

end delete

begin insert (B) end insert  For purposes of subdivision (b) of Section 25532,
“administering agency” means the unified program agency.

begin delete

(B)

end delete

begin insert (4) end insert  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
Material Safety Data Sheet (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) “Office” 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 begin delete and NAISC Codes end delete begin insert or NAICS Code end insert ” means the
identification number assigned by the Standard Industrial
Classification Code or the North American Industry Classification
System, as applicable, 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 and Article 3 (commencing with Section
25545), as it pertains to the handling of hazardous material, and
Article 2 (commencing with Section 25531), as it pertains to the
regulation of stationary sources, 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, Article
2 (commencing with Section 25531), and Article 3 (commencing
with Section 25545) shall ensure full access to, and the availability
of, information submitted under this chapter 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, in consultation with local
emergency response agencies, 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 established
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 the unified
program agency. 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 Section 25505 shall also
suffice to meet the requirements for a Hazardous Materials
Management Plan and the Hazardous Materials Inventory
Statement as set forth in the California Fire Code and its
appendices, to the extent that the information in the California Fire
Code is contained in Section 25505.

(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.

(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 and the
addendum adopted pursuant to paragraph (4), if required by the
local fire chief, shall be deemed to have met the requirements for
a Hazardous Materials Inventory Statement, as set forth in the
California Fire Code and its appendices.

(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 for a Hazardous Materials Management Plan, as set
forth in the California Fire Code and its appendices.

(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 for hazardous materials reporting for
the purposes of complying with subdivisions (b) and (c) of Section
13143.9 and subdivision (b) of Section 25506. 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. A business shall file the
addendum with the unified program agency when required by the
local fire chief pursuant to subdivision (b) of Section 25506.

(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) 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 appropriate local emergency
rescue personnel and to the unified program agency.

(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.

(3) 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 (2). These training programs
may take into consideration the position of each employee. This
training shall be documented electronically or by hard copy and
shall be made 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 begin delete and NAICS Codes end delete begin insert or NAICS Code end insert for the business,
to the extent that applicable codes exist that represent that business.

(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 required by the local fire chief, the business shall also file
the addendum required by paragraph (4) of subdivision (e) of
Section 25504.

(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 determines 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, or 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 a quantity at any one time
during the reporting year that is equal to, or greater than, the
thresholds listed in paragraph (1).

(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
requirements to establish and maintain a 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 office 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 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 that meet or
exceed 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 electronically 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 satisfying the
requirements of this article or the regulations adopted pursuant to
Section 25503, the unified program agency shall notify the handler
of those deficiencies. The handler shall electronically submit a
corrected business plan within 30 days from the date of the notice.

(3) If a handler fails, after reasonable notice, to electronically
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 not adopted in the manner established under the
standards adopted pursuant to subdivision (e) of Section 25404,
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
that data. 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 business plan
information and resubmit or certify as correct the inventory
information in the statewide environmental reporting system.

(d) A business required to establish, implement, and
electronically submit 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,
implement, and electronically submit the business plan at an earlier
date.

25508.1.  

Within 30 days of any one of the following events,
a business subject to this article shall electronically 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 update its
administrative procedures with regard to maintaining records and
responding to requests for information in accordance with
Subdivision 4 (commencing with Section 15100) of Division 1 of,
and Division 3 of, Title 27 of the California Code of Regulations,
as those regulations read on January 1, 2014. The begin delete united end delete begin insert unified end insert
program agency shall make the data elements and documents
submitted pursuant to this article available for public inspection
during the regular working hours of the unified program agency,
except that the data elements and documents specifying the precise
location where hazardous materials are stored and handled onsite,
including any maps required by paragraph (2) of subdivision (a)
of Section 25505, shall not be available for inspection. The unified
program agency shall make the data elements and documents
submitted pursuant to this article available to a requesting
government agency that is authorized by law to access the
information.

(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 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.

25512.5.  

Notwithstanding Section 25512, 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.  

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.

25514.1.  

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.

25514.2.  

(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.

25515.  

(a) A business that violates Sections 25504 to 25508.1,
inclusive, or Section 25510.1, 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 25510.1, 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, or Section 25510.1, 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 a 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 a 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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.