Amended in Assembly September 4, 2013

Amended in Assembly August 7, 2013

Amended in Assembly July 1, 2013

Amended in Assembly June 19, 2013

Senate BillNo. 483


Introduced by Senator Jackson

February 21, 2013


An act to amend Sections 13143.9,begin delete 25214.14,end delete 25532, 25535.2, 25536, 25536.5, and 25540 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 areabegin delete plans and packaging.end deletebegin insert plans.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 locallybegin delete,end delete 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 require a business owner, operator, or officially designated representative to annually review and certify that the information in the statewide information database has been verified and is complete, accurate, and up to date.

This bill would also delete obsolete provisions and make general conforming changes.

This 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) Existing law imposes certain requirements on stationary sources handling regulated substances, as defined, including, among other things, the preparation and implementation of a risk management plan. A violation of these requirements is a misdemeanor. Existing law requires the administering agency, upon a determination that a risk management plan is complete, to publish in a daily local newspaper a notice of availability of the risk management plan for public review.

This bill wouldbegin delete additionally impose thoseend deletebegin insert extend theend insert requirementsbegin delete onend deletebegin insert to prepare and implement a risk management plan imposed on those stationary sources to apply toend insert a person, as defined. Because this bill would expand the scope of a crime to include a person, this bill would impose a state-mandated local program. The bill would authorize the administering agency to place the notice on the administering agency’s Internet Web site in lieu of publication in a daily local newspaper.

begin delete

(3) 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 delete
begin delete

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

end delete
begin insert

(3) The bill would make legislative findings and declarations that the business and area plan provisions specified above conform to the changes in the law made by the Governor’s Reorganization Plan No. 2, effective July 1, 2013, as proposed by AB 1317.

end insert
begin insert

(4) This bill would incorporate amendments to Section 13143.9 of the Health and Safety Code proposed by AB 1317, to be operative only if AB 1317 and this bill are both chaptered and become effective on or before January 1, 2014, and this bill is chaptered last.

end insert
begin delete

(4)

end delete

begin insert(5)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:

P3    1

SECTION 1.  

Section 13143.9 of the Health and Safety Code
2 is amended to read:

3

13143.9.  

(a) The State Fire Marshal shall, in carrying out
4Section 13143, prepare, adopt, and submit building standards and
5other fire and life safety regulations for approval pursuant to
6Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
P4    113 establishing minimum requirements for the storage, handling,
2and use of hazardous materials, as defined, in the California Fire
3Code. The State Fire Marshal shall seek the advice of the Office
4of Emergency Services in establishing these requirements. This
5section does not prohibit a city, county, or district from adopting
6an ordinance, resolution, or regulation imposing stricter or more
7stringent requirements than a standard adopted pursuant to this
8section.

9(b) A business that files the annual inventory form in compliance
10with Chapter 6.95 (commencing with Section 25500) of Division
1120, including the addendum adopted pursuant to paragraph (4) of
12subdivision (e) of Section 25504, shall be deemed to have met the
13requirements of the California Fire Code regarding hazardous
14materials inventory statements, as adopted by the State Fire
15Marshal pursuant to this section.

16(c) A business that is not required to file a hazardous materials
17inventory form pursuant to Section 25506 but that is required by
18the local fire chief to comply with the California Fire Code
19regarding hazardous materials inventory statements, as adopted
20by the State Fire Marshal pursuant to this section, shall,
21notwithstanding Chapter 6.95 (commencing with Section 25500)
22of Division 20, file the inventory form adopted pursuant to Section
2325506 and the addendum adopted pursuant to paragraph (4) of
24subdivision (e) of Section 25504 with the local fire chief for
25purposes of complying with this requirement, if determined to be
26necessary by the fire chief.

27begin insert

begin insertSEC. 1.5end insert  

end insert

begin insertSection 13143.9 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
28amended to read:end insert

29

13143.9.  

(a) The State Fire Marshal shall, in carrying out
30Section 13143, prepare, adopt, and submit building standards and
31other fire and life safety regulations for approval pursuant to
32Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
3313 establishing minimum requirements for the storage, handling,
34and use of hazardous materials, as defined, inbegin delete Article 9 ofend delete thebegin delete 1988
35Uniformend delete
begin insert Californiaend insert Firebegin delete Code, and any subsequent editions,
36published by the Western Fire Chiefs Association and the
37International Conference of Building Officials.end delete
begin insert Code.end insert The State
38Fire Marshal shall seek the advice of thebegin delete Californiaend deletebegin insert Office ofend insert
39 Emergencybegin delete Management Agencyend deletebegin insert Servicesend insert in establishing these
40requirements. This section does not prohibit a city, county, or
P5    1district from adopting an ordinance, resolution, or regulation
2imposing stricter or more stringent requirements than a standard
3adopted pursuant to this section.

4(b) A businessbegin delete whichend deletebegin insert thatend insert files the annual inventory form in
5compliance with Chapter 6.95 (commencing with Section 25500)
6of Division 20, including the addendum adopted pursuant to
7begin insert paragraph (4) of subdivision (e) ofend insert Sectionbegin delete 25503.9,end deletebegin insert 25504,end insert shall
8be deemed to have met the requirements ofbegin delete subdivision (c) of
9Section 80.103 of the Uniform Fire Code,end delete
begin insert the California Fire Code
10regarding hazardous materials inventory statements,end insert
as adopted
11by the State Fire Marshal pursuant to this section.

12(c) A businessbegin delete whichend deletebegin insert thatend insert is not required to file a hazardous
13materials inventory form pursuant to Sectionbegin delete 25509end deletebegin insert 25506end insert but
14begin delete whichend deletebegin insert thatend insert is required by the local fire chief to comply with
15begin delete subdivision (c) of Section 80.103 of the Uniform Fire Code,end deletebegin insert the
16California Fire Code regarding hazardous materials inventory
17statements,end insert
as adopted by the State Fire Marshal pursuant to this
18section, shall, notwithstanding Chapter 6.95 (commencing with
19Section 25500) of Division 20, file the inventory form adopted
20pursuant to Sectionbegin delete 25503.3end deletebegin insert 25506end insert and the addendum adopted
21pursuant tobegin insert paragraph (4) of subdivision (e) ofend insert Sectionbegin delete 25503.9end delete
22begin insert 25504end insert with the local fire chief for purposes of complying with this
23requirement, if determined to be necessary by the fire chief.

begin delete
24

SEC. 2.  

Section 25214.14 of the Health and Safety Code is
25amended to read:

26

25214.14.  

A package or a packaging component is exempt
27from the requirements of Section 25214.13, and shall be deemed
28in compliance with this article, if the manufacturer or supplier
29complies with the applicable documentation requirements specified
30in Section 25214.15 and the package or packaging component
31meets any of the following conditions:

32(a) The package or packaging component is marked with a code
33indicating a date of manufacture prior to January 1, 2006.

34(b) A regulated metal has been added to the package or
35packaging component in the manufacturing, forming, printing, or
36distribution process, to comply with the health or safety
37requirements of a federal or state law.

38(c) (1) The package or packaging component contains no
39intentionally introduced regulated metals, but exceeds the
40applicable maximum concentration level set forth in subdivision
P6    1(c) of Section 25214.13 only because of the addition of a recycled
2material.

3(2) This subdivision, and all exemptions provided pursuant to
4it, expire on January 1, 2015.

5(d) (1) A regulated metal has been added to the package or
6packaging component in the manufacturing, forming, printing, or
7distribution process for a use for which there is no feasible
8alternative.

9(2) For purposes of this subdivision, “a use for which there is
10no feasible alternative” means a use, other than for purposes of
11marketing, for which a regulated metal is essential to the protection,
12safe handling, or function, of the package’s contents, and technical
13constraints preclude the substitution of other materials.

14(e) (1) The package or packaging component is reused and
15contains no intentionally introduced regulated metals, but exceeds
16the applicable maximum concentration level set forth in subdivision
17(c) of Section 25214.13, and all of the following apply:

18(A) The product being conveyed by the package, the package
19itself, or the packaging component is otherwise regulated under a
20federal or state health or safety requirement.

21(B) The transportation of the packaged product is regulated
22under federal or state transportation requirements.

23(C) The disposal of the package is otherwise performed
24according to the requirements of this chapter or Chapter 8
25(commencing with Section 114960) of Part 9 of Division 104.

26(2) This subdivision, and all exemptions provided pursuant to
27it, expire on January 1, 2010.

28(f) (1) The package or packaging component has a controlled
29distribution and reuse and contains no intentionally introduced
30regulated metals, but exceeds the applicable maximum
31concentration level set forth in subdivision (c) of Section 25214.13.

32(2) This subdivision, and all exemptions provided pursuant to
33it, expire on January 1, 2010.

34(g) (1) The packaging or packaging component is a glass or
35ceramic package or packaging component that has a vitrified label,
36and that, when tested in accordance with the Waste Extraction
37Test, described in Appendix II of Chapter 11 (commencing with
38Section 66261.1) of Division 4.5 of Title 22 of the California Code
39of Regulations does not exceed 1.0 ppm for cadmium, 5.0 ppm
40for hexavalent chromium, or 5.0 ppm for lead. A glass or ceramic
P7    1package or packaging component containing mercury is not
2exempted pursuant to this subdivision.

3(2) A glass bottle package with paint or applied ceramic
4decoration on the bottle does not qualify for an exemption pursuant
5to this section, if the paint or applied ceramic decoration contains
6lead or lead compounds in excess of 0.06 percent by weight.

7(3) This subdivision, and all exemptions provided pursuant to
8it, expire on January 1, 2010.

end delete
9

begin deleteSEC. 3.end delete
10begin insertSEC. 2.end insert  

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

12

begin deleteSEC. 4.end delete
13begin insertSEC. 3.end insert  

Article 1 (commencing with Section 25500) is added
14to Chapter 6.95 of Division 20 of the Health and Safety Code, to
15read:

16 

17Article 1.  Business and Area Plans
18

 

19

25500.  

(a) The Legislature declares that, in order to protect
20the public health and safety and the environment, it is necessary
21to establish business and area plans relating to the handling and
22release or threatened release of hazardous materials. The
23establishment of a statewide environmental reporting system for
24these plans is a statewide requirement. Basic information on the
25location, type, quantity, and health risks of hazardous materials
26handled, used, stored, or disposed of in the state, which could be
27accidentally released into the environment, is required to be
28submitted to firefighters, health officials, planners, public safety
29officers, health care providers, regulatory agencies, and other
30interested persons. The information provided by business and area
31plans is necessary in order to prevent or mitigate the damage to
32the health and safety of persons and the environment from the
33release or threatened release of hazardous materials into the
34workplace and environment.

35(b) The Legislature further finds and declares that this article
36and Article 2 (commencing with Section 25531) do not occupy
37the whole area of regulating the inventorying of hazardous
38materials and the preparation of hazardous materials response plans
39by businesses, and the Legislature does not intend to preempt any
40local actions, ordinances, or regulations that impose additional or
P8    1more stringent requirements on businesses that handle hazardous
2materials. Thus, in enacting this article and Article 2 (commencing
3with Section 25531), it is not the intent of the Legislature to
4preempt or otherwise nullify any other statute or local ordinance
5containing the same or greater standards and protections.

6

25501.  

Unless the context indicates otherwise, the following
7definitions govern the construction of this article:

8(a) “Agricultural handler” means a business operating a farm
9that is subject to the exemption specified in Section 25507.1.

10(b) “Area plan” means a plan established pursuant to Section
1125503 by a unified program agency for emergency response to a
12release or threatened release of a hazardous material within a city
13or county.

14(c) “Business” means all of the following:

15(1) An employer, self-employed individual, trust, firm, joint
16stock company, corporation, partnership, or association.

17(2) A business organized for profit and a nonprofit business.

18(3) The federal government, to the extent authorized by law.

19(4) An agency, department, office, board, commission, or bureau
20of state government, including, but not limited to, the campuses
21of the California Community Colleges, the California State
22University, and the University of California.

23(5) An agency, department, office, board, commission, or bureau
24of a city, county, or district.

25(d) “Business plan” means a separate plan for each facility, site,
26 or branch of a business that meets the requirements of Section
2725505.

28(e) (1) “Certifiedbegin delete Unified Program Agency”end deletebegin insert unified program
29agencyend insert
begin insertend insert or “CUPA” means the agency certified by the secretary
30to implement the unified program specified in Chapter 6.11
31(commencing with Section 25404) within a jurisdiction.

32(2) “Participatingbegin delete Agency”end deletebegin insert agencyend insertbegin insertend insert or “PA” means an agency
33that has a written agreement with the CUPA pursuant to subdivision
34(d) of Section 25404.3, and is approved by the secretary, to
35implement or enforce one or more of the unified program elements
36specified in paragraphs (4) and (5) of subdivision (c) of Section
3725404, in accordance with Sections 25404.1 and 25404.2.

38(3) “Unified program agency” or “UPA” means the CUPA, or
39its participating agencies to the extent each PA has been designated
40by the CUPA, pursuant to a written agreement, to implement or
P9    1enforce a particular unified program element specified in
2paragraphs (4) and (5) of subdivision (c) of Section 25404. For
3purposes of this article and Article 2 (commencing with Section
425531), the UPAs have the responsibility and authority, to the
5extent provided by this article and Article 2 (commencing with
6Section 25531) and Sections 25404.1 and 25404.2, to implement
7and enforce only those requirements of this article and Article 2
8(commencing with Section 25531) listed in paragraphs (4) and (5)
9of subdivision (c) of Section 25404.

10(4) The UPAs also have the responsibility and authority, to the
11extent provided by this article and Article 2 (commencing with
12Section 25531) and Sections 25404.1 and 25404.2, to implement
13and enforce the regulations adopted to implement the requirements
14of this article and Article 2 (commencing with Section 25531)
15listed in paragraphs (4) and (5) of subdivision (c) of Section 25404.
16After a CUPA has been certified by the secretary, the unified
17program agencies shall be the only local agencies authorized to
18enforce the requirements of this article and Article 2 (commencing
19with Section 25531) listed in paragraphs (4) and (5) of subdivision
20(c) of Section 25404 within the jurisdiction of the CUPA.

21(f) “City” includes any city and county.

22(g) “Chemical name” means the scientific designation of a
23substance in accordance with the nomenclature system developed
24by the International Union of Pure and Applied Chemistry or the
25system developed by the Chemical Abstracts Service.

26(h) “Common name” means any designation or identification,
27such as a code name, code number, trade name, or brand name,
28used to identify a substance by other than its chemical name.

29(i) “Compressed gas” means a material, or mixture of materials,
30that meets either of the following:

31(1) The definition of compressed gas or cryogenic fluid found
32in the California Fire Code.

33(2) Compressed gas that is regulated pursuant to Part 1
34(commencing with Section 6300) of Division 5 of the Labor Code.

35(j) “Emergency rescue personnel” means a public employee,
36including, but not limited to, a firefighter or emergency rescue
37personnel, as defined in Section 245.1 of the Penal Code, or
38personnel of a local emergency medical services (EMS) agency,
39as designated pursuant to Section 1797.200, or a poison control
40center, as defined by Section 1797.97, who responds to any
P10   1condition caused, in whole or in part, by a hazardous material that
2jeopardizes, or could jeopardize, public health or safety or the
3 environment.

4(k) “Handle” means all of the following:

5(1) (A) To use, generate, process, produce, package, treat, store,
6emit, discharge, or dispose of a hazardous material in any fashion.

7(B) For purposes of subparagraph (A), “store” does not include
8the storage of hazardous materials incidental to transportation, as
9defined in Title 49 of the Code of Federal Regulations, with regard
10to the inventory requirements of Section 25506.

11(2) (A) The use or potential for use of a quantity of hazardous
12material by the connection of a marine vessel, tank vehicle, tank
13car, or container to a system or process for any purpose.

14(B) For purposes of subparagraph (A), the use or potential use
15does not include the immediate transfer to or from an approved
16atmospheric tank or approved portable tank that is regulated as
17loading or unloading incidental to transportation by Title 49 of the
18Code of Federal Regulations.

19(l) “Handler” means a business that handles a hazardous
20material.

21(m) “Hazardous material” means a material that, because of its
22quantity, concentration, or physical or chemical characteristics,
23poses a significant present or potential hazard to human health and
24safety or to the environment if released into the workplace or the
25environment. “Hazardous materials” include, but are not limited
26to, hazardous substances, hazardous waste, and any material that
27a handler or the unified program agency has a reasonable basis for
28believing that it would be injurious to the health and safety of
29persons or harmful to the environment if released into the
30workplace or the environment.

31(n) “Hazardous substance” means any substance or chemical
32product for which one of the following applies:

33(1) The manufacturer or producer is required to prepare a
34material safety data sheet (MSDS) for the substance or product
35pursuant to the Hazardous Substances Information and Training
36Act (Chapter 2.5 (commencing with Section 6360) of Part 1 of
37Division 5 of the Labor Code) or pursuant to any applicable federal
38law or regulation.

39(2) The substance is listed as a radioactive material in Appendix
40B of Chapter 1 (commencing with Section 10.1) of Title 10 of the
P11   1Code of Federal Regulations, maintained and updated by the
2Nuclear Regulatory Commission.

3(3) Hazardous materials or substances listed in Part 172
4(commencing with Section 172.1) and Part 173 (commencing with
5Section 173.1) of Subchapter C of Chapter I of Subtitle B of Title
649 of the Code of Federal Regulations.

7(4) The materials in the listings specified in subdivision (b) of
8Section 6382 of the Labor Code.

9(o) “Hazardous waste” means hazardous waste, as defined by
10Sections 25115 and 25117 and by subdivision (g) of Section 25316.

11(p) “Office” means the Office of Emergency Services.

12(q) “Release” means any spilling, leaking, pumping, pouring,
13emitting, emptying, discharging, injecting, escaping, leaching,
14dumping, or disposing into the environment, unless permitted or
15authorized by a regulatory agency.

16(r) “Secretary” means the Secretary for Environmental
17Protection.

18(s) “SIC or NAICS Code” means the identification number
19assigned by the Standard Industrial Classification Code or the
20North American Industry Classification System, as applicable, to
21specific types of businesses.

22(t) “Statewide information management system” means the
23statewide information management system established pursuant
24to subdivision (e) of Section 25404 that provides for the
25combination of state and local information management systems
26for the purposes of managing unified program data.

27(u) “Threatened release” means a condition, circumstance, or
28incident making it necessary to take immediate action to prevent,
29reduce, or mitigate a release with the potential to cause damage
30or harm to persons, property, or the environment.

31(v) “Trade secret” means trade secrets as defined in either
32subdivision (d) of Section 6254.7 of the Government Code or
33Section 1061 of the Evidence Code.

34(w) “Unified program facility” means all contiguous land and
35structures, other appurtenances, and improvements on the land
36that are subject to the requirements of paragraphs (4) and (5) of
37 subdivision (c) of Section 25404.

38

25502.  

(a) This article and Article 3 (commencing with Section
3925545), as it pertains to the handling of hazardous material, and
40Article 2 (commencing with Section 25531), as it pertains to the
P12   1regulation of stationary sources, shall be implemented by one of
2the following:

3(1) If there is a CUPA, the unified program agency.

4(2) If there is no CUPA, the agency authorized pursuant to
5subdivision (f) of Section 25404.3.

6(b) The agency responsible for implementing this article, Article
72 (commencing with Section 25531), and Article 3 (commencing
8with Section 25545) shall ensure full access to, and the availability
9of, information submitted under this chapter to emergency rescue
10personnel and other appropriate governmental entities within its
11jurisdiction.

12

25503.  

(a) The office shall adopt, after public hearing and
13consultation with the Office of the State Fire Marshal and other
14appropriate public entities, regulations for minimum standards for
15business plans and area plans. All business plans and area plans
16shall meet the standards adopted by the office.

17(b) The standards for business plans in the regulations adopted
18pursuant to subdivision (a) shall do all of the following:

19(1) Set forth minimum requirements of adequacy, and not
20preclude the imposition of additional or more stringent
21requirements by local government.

22(2) Take into consideration and adjust for the size and nature
23of the business, the proximity of the business to residential areas
24and other populations, and the nature of the damage potential of
25its hazardous materials in establishing standards for paragraphs
26(3) and (4) of subdivision (a) of Section 25505.

27(3) Take into account the existence of local area and business
28plans that meet the requirements of this article so as to minimize
29the duplication of local efforts, consistent with the objectives of
30this article.

31(4) Define what releases and threatened releases are required
32to be reported pursuant to Section 25510. The office shall consider
33the existing federal reporting requirements in determining a
34definition of reporting releases pursuant to Section 25510.

35(c) A unified program agency shall, in consultation with local
36emergency response agencies, establish an area plan for emergency
37response to a release or threatened release of a hazardous material
38within its jurisdiction. An area plan is not a statute, ordinance, or
39regulation for purposes of Section 669 of the Evidence Code. The
P13   1standards for area plans in the regulations adopted pursuant to
2subdivision (a) shall provide for all of the following:

3(1) Procedures and protocols for emergency rescue personnel,
4including the safety and health of those personnel.

5(2) Preemergency planning.

6(3) Notification and coordination of onsite activities with state,
7local, and federal agencies, responsible parties, and special districts.

8(4) Training of appropriate employees.

9(5) Onsite public safety and information.

10(6) Required supplies and equipment.

11(7) Access to emergency response contractors and hazardous
12waste disposal sites.

13(8) Incident critique and followup.

14(9) Requirements for notification to the office of reports made
15pursuant to Section 25510.

16(d) (1) The unified program agency shall submit to the office
17for its review a copy of the proposed area plan within 180 days
18after adoption of regulations by the office. The office shall notify
19the unified program agency as to whether the area plan is adequate
20and meets the area plan standards. The unified program agency
21shall submit a corrected area plan within 45 days of this notice.

22(2) The unified program agency shall certify to the office every
23three years that it has conducted a complete review of its area plan
24and has made any necessary revisions. If a unified program agency
25makes a substantial change to its area plan, it shall forward the
26changes to the office within 14 days after the changes have been
27made.

28(e) The inspection and enforcement program established
29pursuant to paragraphs (2) and (3) of subdivision (a) of Section
3025404.2, shall include the basic provisions of a plan to conduct
31onsite inspections of businesses subject to this article by the unified
32program agency. These inspections shall ensure compliance with
33this article and shall identify existing safety hazards that could
34cause or contribute to a release and, where appropriate, enforce
35any applicable laws and suggest preventative measures designed
36to minimize the risk of the release of hazardous material into the
37workplace or environment. The requirements of this paragraph do
38not alter or affect the immunity provided to a public entity pursuant
39to Section 818.6 of the Government Code.

P14   1

25504.  

(a) The Legislature hereby finds and declares that
2persons attempting to do business in this state are increasingly
3experiencing excessive and duplicative regulatory requirements
4at different levels of government.

5(b) To streamline and ease the regulatory burdens of doing
6business in this state, compliance with Section 25505 shall also
7suffice to meet the requirements for a Hazardous Materials
8Management Plan and the Hazardous Materials Inventory
9Statement as set forth in the California Fire Code and its
10appendices, to the extent that the information in the California Fire
11Code is contained in Section 25505.

12(c) The unified program agency shall provide access to the
13 information collected in the statewide information management
14system to those agencies with shared responsibilities for the
15protection of the public health and safety and the environment.

16(d) The enforcement of this article by unified program agencies
17and the California Fire Code by those agencies required to enforce
18the provisions of that code shall be coordinated.

19(e) (1) Notwithstanding Section 13143.9, and the standards and
20regulations adopted pursuant to that section, a business that files
21the annual inventory form in compliance with this article and the
22addendum adopted pursuant to paragraph (4), if required by the
23local fire chief, shall be deemed to have met the requirements for
24a Hazardous Materials Inventory Statement, as set forth in the
25California Fire Code and its appendices.

26(2) Notwithstanding Section 13143.9, and the standards and
27regulations adopted pursuant to that section, a business that
28establishes and maintains a business plan for emergency response
29to a release or a threatened release of a hazardous material in
30accordance with Section 25505, shall be deemed to have met the
31requirements for a Hazardous Materials Management Plan, as set
32forth in the California Fire Code and its appendices.

33(3) Except for the addendum required by the local fire chief
34pursuant to paragraph (4), the unified program agency shall be the
35sole enforcement agency for purposes of determining compliance
36pursuant to paragraphs (1) and (2).

37(4) The office shall, in consultation with the unified program
38agencies and the State Fire Marshal, adopt by regulation a single
39comprehensive addendum for hazardous materials reporting for
40the purposes of complying with subdivisions (b) and (c) of Section
P15   113143.9 and subdivision (b) of Section 25506. The unified program
2agency shall require businesses to annually use that addendum
3when complying with subdivisions (b) and (c) of Section 13143.9
4and subdivision (b) of Section 25506. A business shall file the
5addendum with the unified program agency when required by the
6local fire chief pursuant to subdivision (b) of Section 13143.9 or
7subdivision (b) of Section 25506.

8(f) Except as otherwise expressly provided in this section, this
9section does not affect or otherwise limit the authority of the local
10fire chief to enforce the California Fire Code.

11

25505.  

(a) A business plan shall contain all of the following
12information:

13(1) The inventory of information required by this article and
14additional information the governing body of the unified program
15agency finds necessary to protect the health and safety of persons,
16property, or the environment. Locally required information shall
17be adopted by local ordinance or required by state law. This
18information shall be subject to trade secret protection specified in
19Section 25512.

20(2) A site map that contains north orientation, loading areas,
21internal roads, adjacent streets, storm and sewer drains, access and
22 exit points, emergency shutoffs, evacuation staging areas,
23hazardous material handling and storage areas, and emergency
24response equipment. Updates to existing maps to meet these
25requirements shall be completed by January 1, 2015.

26(3) Emergency response plans and procedures in the event of a
27reportable release or threatened release of a hazardous material,
28including, but not limited to, all of the following:

29(A) Immediate notification to the appropriate local emergency
30rescue personnel and to the unified program agency.

31(B) Procedures for the mitigation of a release or threatened
32release to minimize any potential harm or damage to persons,
33property, or the environment.

34(C) Evacuation plans and procedures, including immediate
35notice, for the business site.

36(4) Training for all new employees and annual training,
37including refresher courses, for all employees in safety procedures
38in the event of a release or threatened release of a hazardous
39material, including, but not limited to, familiarity with the plans
40and procedures specified in paragraph (3). These training programs
P16   1may take into consideration the position of each employee. This
2training shall be documented electronically or by hard copy and
3shall be made available for a minimum of three years.

4(b) A business required to file a pipeline operations contingency
5plan in accordance with the California Pipeline Safety Act of 1981
6(Chapter 5.5 (commencing with Section 51010) of Part 1 of
7Division 1 of Title 5 of the Government Code) and the regulations
8of the Department of Transportation, found in Part 195
9(commencing with Section 195.1) of Subchapter D of Chapter I
10of Subtitle B of Title 49 of the Code of Federal Regulations, may
11file a copy of those plans with the unified program agency instead
12of filing an emergency response plan specified in paragraph (3)
13of subdivision (a).

14

25505.1.  

A business that is required to establish and implement
15a business plan pursuant to Section 25507 and is located on leased
16or rented real property shall notify, in writing, the owner of the
17property that the business is subject to Section 25507 and has
18complied with its provisions, and shall provide a copy of the
19business plan to the owner or the owner’s agent within five working
20days after receiving a request for a copy from the owner or the
21owner’s agent.

22

25506.  

(a) The annual inventory submittal shall contain, but
23shall not be limited to, information on all of the following that are
24handled in quantities equal to or greater than the quantities
25specified in subdivision (a) of Section 25507 or as established by
26the governing body of the unified program agency by a local
27ordinance:

28(1) A listing of the chemical name and common names of every
29hazardous substance or chemical product handled by the business.

30(2) The category of waste, including the general chemical
31composition of the waste listed by probable maximum and
32minimum concentrations, of every hazardous waste handled by
33the business.

34(3) A listing of the chemical name and common names of every
35other hazardous material or mixture containing a hazardous
36material handled by the business that is not otherwise listed
37pursuant to paragraph (1) or (2).

38(4) The maximum amount of each hazardous material or mixture
39containing a hazardous material disclosed in paragraphs (1), (2),
P17   1and (3) that is handled at any one time by the business over the
2course of the year.

3(5) Sufficient information on how and where the hazardous
4materials disclosed in paragraphs (1), (2), and (3) are handled by
5the business to allow fire, safety, health, and other appropriate
6personnel to prepare adequate emergency responses to potential
7releases of the hazardous materials.

8(6) The SIC or NAICS Code for the business, to the extent that
9applicable codes exist that represent that business.

10(7) The name and telephone number of the person representing
11the business and able to assist emergency personnel in the event
12of an emergency involving the business during nonbusiness hours.

13(b) If required by the local fire chief, the business shall also file
14the addendum required by paragraph (4) of subdivision (e) of
15Section 25504.

16(c) (1) Except as provided in subdivision (d), the annual
17inventory information required by this section shall also include
18all inventory information required by Section 11022 of Title 42
19of the United States Code.

20(2) The office may adopt or amend existing regulations
21specifying the inventory information required by this subdivision.

22(d) If, pursuant to federal law or regulation, as it currently exists
23or as it may be amended, the office determines that the inventory
24information required by subdivisions (a) and (c) is substantially
25equivalent to the inventory information required under the
26Emergency Planning and Community Right-to-Know Act of 1986
27(42 U.S.C. Sec. 11001 et seq.), the requirements of subdivisions
28(a) and (c) shall not apply.

29

25507.  

(a) Except as provided in this article, a business shall
30establish and implement a business plan for emergency response
31to a release or threatened release of a hazardous material in
32accordance with the standards prescribed in the regulations adopted
33pursuant to Section 25503 if the business meets any of the
34following conditions:

35(1) The business handles a hazardous material or a mixture
36containing a hazardous material that has a quantity at any one time
37during the reporting year that is equal to, or greater than, 55 gallons
38for materials that are liquids, 500 pounds for solids, or 200 cubic
39feet for compressed gas. The physical state and quantity present
40of mixtures shall be determined by the physical state of the mixture
P18   1as whole, not individual components, at standard temperature and
2pressure.

3(2) The business is required to submit chemical inventory
4information pursuant to Section 11022 of Title 42 of the United
5States Code.

6(3) The business handles at any one time during the reporting
7year an amount of a hazardous material that is equal to, or greater
8than the threshold planning quantity, under both of the following
9conditions:

10(A) The hazardous material is an extremely hazardous substance,
11as defined in Section 355.61 of Title 40 of the Code of Federal
12Regulations.

13(B) The threshold planning quantity for that extremely hazardous
14substance listed in Appendices A and B of Part 355 (commencing
15with Section 355.1) of Subchapter J of Chapter I of Title 40 of the
16Code of Federal Regulations is less than 500 pounds.

17(4) (A) The business handles at any one time during the
18reporting year a total weight of 5,000 pounds for solids or a total
19volume of 550 gallons for liquids, if the hazardous material is a
20solid or liquid substance that is classified as a hazard for purposes
21of Section 5194 of Title 8 of the California Code of Regulations
22solely as an irritant or sensitizer, unless the unified program agency
23finds, and provides notice to the business handling the product,
24that the handling of lesser quantities of that hazardous material
25requires the submission of a business plan, or any portion of a
26business plan, in response to public health, safety, or environmental
27concerns.

28(B) The unified program agency shall make the findings required
29by subparagraph (A) in consultation with the local fire chief.

30(5) (A) The business handles at any one time during the
31reporting year a total of 1,000 cubic feet, if the hazardous material
32is a compressed gas and is classified as a hazard for the purposes
33of Section 5194 of Title 8 of the California Code of Regulations
34solely as a compressed gas, unless the unified program agency
35finds, and provides notice to the business handling the product,
36that the handling of lesser quantities of that hazardous material
37requires the submission of a business plan, or any portion thereof,
38in response to public health, safety, or environmental concerns.

39(B) The unified program agency shall make the findings required
40by subparagraph (A) in consultation with the local fire chief.

P19   1(C) The hazardous materials subject to subparagraph (A) include
2a gas for which the only health and physical hazards are simple
3asphyxiation and the release of pressure.

4(D) The hazardous materials subject to subparagraph (A) do
5not include gases in a cryogenic state.

6(6) The business handles a radioactive material at any one time
7during the reporting year that is handled in quantities for which
8an emergency plan is required to be adopted pursuant to Part 30
9(commencing with Section 30.1), Part 40 (commencing with
10Section 40.1), or Part 70 (commencing with Section 70.1), of
11Chapter 1 of Title 10 of the Code of Federal Regulations, or
12pursuant to any regulations adopted by the state in accordance with
13those regulations.

14(7) The business handles perchlorate material, as defined in
15subdivision (c) of Section 25210.5, in a quantity at any one time
16during the reporting year that is equal to, or greater than, the
17 thresholds listed in paragraph (1).

18(b) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained
19by a physician, dentist, podiatrist, veterinarian, or pharmacist, at
20his or her office or place of business, stored at each office or place
21of business in quantities of not more than 1,000 cubic feet of each
22material at any one time, are exempt from this section and from
23Section 25506. The unified program agency may require a one-time
24inventory of these materials for a fee not to exceed fifty dollars
25($50) to pay for the costs incurred by the agency in processing the
26inventory forms.

27(c) (1) Lubricating oil is exempt from this section and Sections
2825506 and 25508, for a single business facility, if the total volume
29of each type of lubricating oil handled at that facility does not
30exceed 55 gallons and the total volume of all types of lubricating
31oil handled at that facility does not exceed 275 gallons, at any one
32time.

33(2) For purposes of this paragraph, “lubricating oil” means oil
34intended for use in an internal combustion crankcase, or the
35transmission, gearbox, differential, or hydraulic system of an
36automobile, bus, truck, vessel, airplane, heavy equipment, or other
37machinery powered by an internal combustion or electric powered
38engine. “Lubricating oil” does not include used oil, as defined in
39subdivision (a) of Section 25250.1.

P20   1(d) Oil-filled electrical equipment that is not contiguous to an
2electric facility is exempt from this section and Sections 25506
3and 25508 if the aggregate capacity is less than 1,320 gallons.

4(e) Hazardous material contained solely in a consumer product
5for direct distribution to, and use by, the general public is exempt
6from the business plan requirements of this article unless the
7unified program agency has found, and has provided notice to the
8business handling the product, that the handling of certain
9quantities of the product requires the submission of a business
10plan, or any portion thereof, in response to public health, safety,
11or environmental concerns.

12(f) In addition to the authority specified in subdivision (h), the
13governing body of the unified program agency may, in exceptional
14circumstances, following notice and public hearing, exempt a
15hazardous substance specified in subdivision (o) of Section 25501
16from Section 25506, if it is found that the hazardous substance
17would not pose a present or potential danger to the environment
18or to human health and safety if the hazardous substance was
19released into the environment. The unified program agency shall
20send a notice to the office and the secretary within 15 days from
21the effective date of any exemption granted pursuant to this
22subdivision.

23(g) The unified program agency, upon application by a handler,
24may exempt the handler, under conditions that the unified program
25agency determines to be proper, from any portion of the
26requirements to establish and maintain a business plan, upon a
27written finding that the exemption would not pose a significant
28present or potential hazard to human health or safety or to the
29environment, or affect the ability of the unified program agency
30and emergency rescue personnel to effectively respond to the
31release of a hazardous material, and that there are unusual
32circumstances justifying the exemption. The unified program
33agency shall specify in writing the basis for any exemption under
34this subdivision.

35(h) The unified program agency, upon application by a handler,
36may exempt a hazardous material from the inventory provisions
37of this article upon proof that the material does not pose a
38significant present or potential hazard to human health and safety
39or to the environment if released into the workplace or
P21   1environment. The unified program agency shall specify in writing
2the basis for any exemption under this subdivision.

3(i) The unified program agency shall adopt procedures to provide
4for public input when approving applications submitted pursuant
5to subdivisions (g) and (h).

6

25507.1.  

(a) A unified program agency shall exempt a business
7operating a farm for purposes of cultivating the soil or raising or
8harvesting any agricultural or horticultural commodity from filing
9the information in the business plan required by paragraphs (3)
10and (4) of subdivision (a) of Section 25505 if all of the following
11requirements are met:

12(1) The agricultural handler annually submits the inventory of
13information required by Section 25505 to the statewide information
14management system.

15(2) Each building in which hazardous materials subject to this
16article are stored is posted with signs, in accordance with
17regulations that the office shall adopt, that provide notice of the
18 storage of any of the following:

19(A) Pesticides.

20(B) Petroleum fuels and oil.

21(C) Types of fertilizers.

22(3) The agricultural handler provides the training programs
23specified in paragraph (4) of subdivision (a) of Section 25505.

24(b) The unified program agency may designate the county
25agricultural commissioner to conduct the inspections of agricultural
26handlers. The agricultural commissioner shall schedule and conduct
27inspections in accordance with Section 25511.

28

25507.2.  

(a) The unified program agency shall exempt a
29business operating an unstaffed remote facility located in an
30isolated sparsely populated area from Sections 25506 and 25507
31if the facility is not otherwise subject to the requirements of
32applicable federal law, and all of the following requirements are
33met:

34(1) The types and quantities of materials onsite are limited to
35one or more of the following:

36(A) One thousand standard cubic feet of compressed inert gases
37(asphyxiation and pressure hazards only).

38(B) Five hundred gallons of combustible liquid used as a fuel
39source.

P22   1(C) Two hundred gallons of corrosive liquids used as electrolytes
2in closed containers.

3(D) Five hundred gallons of lubricating and hydraulic fluids.

4(E) One thousand two hundred gallons of flammable gas used
5as a fuel source.

6(F) Any quantity of mineral oil contained within electrical
7equipment, such as transformers, bushings, electrical switches,
8and voltage regulators, if the spill prevention control and
9countermeasure plan has been prepared for quantities that meet or
10exceed 1,320 gallons.

11(2) The facility is secured and not accessible to the public.

12(3) Warning signs are posted and maintained for hazardous
13materials pursuant to the California Fire Code.

14(4) A one-time notification and inventory are provided to the
15unified program agency along with a processing fee in lieu of the
16existing fee. The fee shall not exceed the actual cost of processing
17the notification and inventory, including a verification inspection,
18if necessary.

19(5) If the information contained in the initial notification or
20inventory changes and the time period of the change is longer than
2130 days, the notification or inventory shall be resubmitted within
2230 days to the unified program agency to reflect the change, along
23with a processing fee, in lieu of the existing fee, that does not
24exceed the actual cost of processing the amended notification or
25inventory, including a verification inspection, if necessary.

26(6) The unified program agency shall forward a copy of the
27 notification and inventory to those agencies that share responsibility
28for emergency response.

29(7) The unified program agency may require an unstaffed remote
30facility to submit a hazardous materials business plan and inventory
31in accordance with this article if the agency finds that special
32circumstances exist so that development and maintenance of the
33business plan and inventory are necessary to protect the public
34health and safety and the environment.

35(b) On-premises use, storage, or both, of propane in an amount
36not to exceed 500 gallons that is for the sole purpose of cooking,
37heating the employee work areas, and heating water, within that
38business, is exempt from Section 25507, unless the uniform
39program agency finds, and provides notice to the business handling
40 the propane, that the handling of the on-premise propane requires
P23   1the submission of a business plan, or any portion of a business
2plan, in response to public health, safety, or environmental
3concerns.

4(c) The unified program agency shall provide all information
5obtained from completed inventory forms, upon request, to
6emergency rescue personnel on a 24-hour basis.

7

25508.  

(a) (1) A handler shall electronically submit its
8business plan to the statewide information management system in
9accordance with the requirements of this article and certify that
10the business plan meets the requirements of this article.

11(2) If, after review, the unified program agency determines that
12the handler’s business plan is deficient in satisfying the
13requirements of this article or the regulations adopted pursuant to
14Section 25503, the unified program agency shall notify the handler
15of those deficiencies. The handler shall electronically submit a
16corrected business plan within 30 days from the date of the notice.

17(3) If a handler fails, after reasonable notice, to electronically
18submit a business plan in compliance with this article, the unified
19program agency shall take appropriate action to enforce this article,
20including the imposition of civil and criminal penalties as specified
21in this article.

22(4) For data not adopted in the manner established under the
23standards adopted pursuant to subdivision (e) of Section 25404,
24and that is reported using a document format, the use of a reporting
25method accepted by the statewide information management system
26shall be considered compliant with the requirement to submit that
27data. If the reporting option used does not support public records
28requests from the public, the handler shall provide requested
29documents to the unified program agency within 10 business days
30of a request from the unified program agency.

31(b) A handler shall review the business plan submitted pursuant
32to subdivision (a) at least once every three years to determine if a
33revision is needed and shall certify to the unified program agency
34that the review was made and that any necessary changes were
35made to the plan.

36(c) Unless exempted from the business plan requirements under
37this article, a handler shall annually review the business plan
38information and resubmit or certify as correct the inventory
39information in the statewide environmental reporting system.

P24   1(d) A business required to establish, implement, and
2electronically submit a business plan pursuant to subdivision (a)
3shall not be deemed to be in violation of this article until 30 days
4after the business becomes subject to subdivision (a), unless the
5unified program agency requests the business to establish,
6implement, and electronically submit the business plan at an earlier
7date.

8

25508.1.  

Within 30 days of any one of the following events,
9a business subject to this article shall electronically update the
10information submitted to the statewide information management
11system:

12(a) A 100 percent or more increase in the quantity of a
13previously disclosed material.

14(b) Any handling of a previously undisclosed hazardous material
15subject to the inventory requirements of this article.

16(c) Change of business address.

17(d) Change of business ownership.

18(e) Change of business name.

19(f) (1) A substantial change in the handler’s operations occurs
20that requires modification to any portion of the business plan.

21(2) For the purposes of this subdivision, “substantial change”
22means any change in a regulated facility that would inhibit
23immediate response during an emergency by either site personnel
24or emergency rescue personnel, or that could inhibit the handler’s
25ability to comply with Section 25507, change the operational
26knowledge of the facility, or impede implementation of the business
27plan.

28

25508.2.  

At least once every 12 months, the business owner,
29operator, or officially designated representative shall review and
30certify that the information in the statewide information
31management system has been verified and is complete, accurate,
32and up to date and that it contains the information required by
33Section 11022 of Title 42 of the United States Code. An annual
34electronic submittal to the statewide information management
35system satisfies this requirement.

36

25509.  

(a) The unified program agency shall update its
37administrative procedures with regard to maintaining records and
38responding to requests for information in accordance with
39Subdivision 4 (commencing with Section 15100) of Division 1 of,
40and Division 3 of, Title 27 of the California Code of Regulations,
P25   1as those regulations read on January 1, 2014. The unified program
2agency shall make the data elements and documents submitted
3pursuant to this article available for public inspection during the
4regular working hours of the unified program agency, except the
5data elements and documents specifying the precise location where
6hazardous materials are stored and handled onsite, including any
7maps required by paragraph (2) of subdivision (a) of Section 25505,
8shall not be available for inspection. The unified program agency
9shall make the data elements and documents submitted pursuant
10to this article available to a requesting government agency that is
11authorized by law to access the information.

12(b) A person who submits inventory information required under
13Section 25506 with the unified program agency shall be deemed
14to have filed the inventory form required by Section 11022(a) of
15Title 42 of the United States Code with the state emergency
16response commission and emergency planning committee
17established pursuant to Section 11001 of Title 42 of the United
18States Code.

19(c) The unified program agency shall, upon request, transmit
20the information collected pursuant to this chapter to the Chemical
21Emergency Planning and Response Commission, established by
22the Governor as the state emergency response commission pursuant
23to Section 11001(a) of Title 42 of the United States Code, and to
24the local emergency planning committee established pursuant to
25Section 11001(c) of Title 42 of the United States Code.

26

25510.  

(a) Except as provided in subdivision (b), the handler
27or an employee, authorized representative, agent, or designee of
28a handler, shall, upon discovery, immediately report any release
29or threatened release of a hazardous material to the unified program
30agency, and to the office, in accordance with the regulations
31adopted pursuant to Section 25503. The handler or an employee,
32authorized representative, agent, or designee of the handler shall
33provide all state, city, or county fire or public health or safety
34personnel and emergency rescue personnel with access to the
35handler’s facilities.

36(b) Subdivision (a) does not apply to a person engaged in the
37transportation of a hazardous material on a highway that is subject
38to, and in compliance with, the requirements of Sections 2453 and
3923112.5 of the Vehicle Code.

P26   1

25510.1.  

(a) A business required to submit a followup
2emergency notice pursuant to Section 11004(c) of Title 42 of the
3United States Code shall submit the notice on a form approved by
4the office.

5(b) The office may adopt guidelines for the use of the forms
6required by subdivision (a).

7

25510.2.  

In order to carry out the purposes of this chapter, a
8unified program agency may train for, and respond to, the release,
9or threatened release, of a hazardous material.

10

25510.3.  

The emergency rescue personnel, responding to the
11reported release or threatened release of a hazardous material, or
12of a regulated substance, as defined in Section 25532, or to any
13fire or explosion involving a material or substance that involves a
14release that would be required to be reported pursuant to Section
1525510, shall immediately advise the superintendent of the school
16district having jurisdiction, where the location of the release or
17threatened release is within one-half mile of a school.

18

25511.  

(a) In order to carry out the purposes of this article and
19Article 2 (commencing with Section 25531), an employee or
20authorized representative of a unified program agency has the
21authority specified in Section 25185, with respect to the premises
22of a handler, and in Section 25185.5, with respect to real property
23that is within 2,000 feet of the premises of a handler, except that
24this authority shall include conducting inspections concerning
25hazardous material, in addition to hazardous waste.

26(b) In addition to the requirements of Section 25537, the unified
27program agency shall conduct inspections of every business subject
28to this article at least once every three years to determine if the
29business is in compliance with this article. The unified program
30agency shall give priority, when conducting these inspections, to
31inspecting facilities that are required to prepare a risk management
32plan pursuant to Article 2 (commencing with Section 25531). In
33establishing a schedule for conducting inspections pursuant to this
34section, the unified program agency may adopt and use an index
35of the volatility, toxicity, and quantity of regulated substances and
36hazardous materials. A unified program agency shall attempt to
37schedule the inspections conducted pursuant to this section and
38Section 25537, when applicable, during the same time period.

P27   1(c) The unified program agency may designate the county
2agricultural commissioner to conduct the inspection of agricultural
3handlers for purposes of Section 25507.1.

4

25512.  

(a) As used in this section, “trade secret” means a trade
5secret as defined in either subdivision (d) of Section 6254.7 of the
6Government Code or Section 1061 of the Evidence Code.

7(b) (1) If a business believes that the inventory required by this
8article involves the release of a trade secret, the business shall
9nevertheless provide this information to the unified program
10agency, and shall notify the unified program agency in writing of
11that belief on the inventory form.

12(2) Subject to subdivisions (d) and (e), the unified program
13agency shall protect from disclosure any information designated
14as a trade secret by the business pursuant to paragraph (1).

15(c) (1) Upon the receipt of a request for the release of
16information to the public that includes information that the business
17has notified the unified program agency is a trade secret pursuant
18to paragraph (1) of subdivision (b), the unified program agency
19shall notify the business in writing of the request by certified mail,
20return receipt requested.

21(2) The unified program agency shall release the requested
22information to the public 30 days or more after the date of mailing
23to the business the notice of the request for information, unless,
24prior to the expiration of the 30-day period, the business files an
25action in an appropriate court for a declaratory judgment that the
26information is subject to protection under subdivision (b) or for
27an injunction prohibiting disclosure of the information to the public,
28and promptly notifies the unified program agency of that action.

29(3) This subdivision does not permit a business to refuse to
30disclose the information required pursuant to this section to the
31unified program agency.

32(d) Except as provided in subdivision (c), any information that
33has been designated as a trade secret by a business is confidential
34information for purposes of this section and shall not be disclosed
35to anyone except the following:

36(1) An officer or employee of the county, city, state, or the
37United States, in connection with the official duties of that officer
38or employee under any law for the protection of health, or
39contractors with the county, city, begin insertor end insertstate and their employees if,
40in the opinion of the unified program agency, disclosure is
P28   1necessary and required for the satisfactory performance of a
2contract, for performance of work, or to protect the health and
3safety of the employees of the contractor.

4(2) A physician if the physician certifies in writing to the unified
5program agency that the information is necessary to the medical
6treatment of the physician’s patient.

7(e) A physician who, by virtue of having obtained possession
8of, or access to, confidential information, and who, knowing that
9disclosure of the information to the general public is prohibited
10by this section, knowingly and willfully discloses the information
11in any manner to a person not entitled to receive it, is guilty of a
12misdemeanor.

13(f) An officer or employee of the county or city, or former
14officer or employee who, by virtue of that employment or official
15position, has possession of, or has access to, confidential
16information, and who, knowing that disclosure of the information
17to the general public is prohibited by this section, knowingly and
18willfully discloses the information in any manner to a person not
19entitled to receive it, is guilty of a misdemeanor. A contractor with
20the county or city and an employee of the contractor, who has been
21furnished information as authorized by this section, shall be
22considered an employee of the county or city for purposes of this
23section.

24

25512.1.  

Notwithstanding Section 25512, information certified
25by appropriate officials of the United States as necessary to be
26kept secret for national defense purposes shall be accorded the full
27protections against disclosure as specified by those officials or in
28accordance with the laws of the United States.

29

25513.  

Each administering county or city may, upon a majority
30vote of the governing body, adopt a schedule of fees to be collected
31from each business required to submit a business plan pursuant to
32this article that is within its jurisdiction. The governing body may
33provide for the waiver of fees when a business, as defined in
34paragraph (3), (4), or (5) of subdivision (c) of Section 25501,
35submits a business plan. The fee shall be set in an amount sufficient
36to pay only those costs incurred by the unified program agency in
37carrying out this article. In determining the fee schedule, the unified
38program agency shall consider the volume and degree of hazard
39potential of the hazardous materials handled by the businesses
40subject to this article.

P29   1

25514.  

Notwithstanding any other law, a public entity shall
2not be held liable for any injury or damages resulting from an
3inadequate or negligent review of a business plan conducted
4pursuant to Section 25508.

5

25514.1.  

(a) The submission of any information required under
6this article does not affect any other liability or responsibility of
7a business with regard to safeguarding the health and safety of an
8employee or any other person.

9(b) Compliance with this article shall not be deemed to be
10compliance with the duty of care required of any business for
11purposes of any judicial or administrative proceeding conducted
12pursuant to any other provision of law.

13

25515.  

(a) A business that violates Sections 25504 to 25508.2,
14inclusive, or Section 25511, shall be civilly liable to the unified
15program agency in an amount of not more than two thousand
16dollars ($2,000) for each day in which the violation occurs. If the
17violation results in, or significantly contributes to, an emergency,
18including a fire, the business shall also be assessed the full cost of
19the county or city emergency response, as well as the cost of
20cleaning up and disposing of the hazardous materials.

21(b) A business that knowingly violates Sections 25504 to
2225508.2, inclusive, or Section 25510.1, after reasonable notice of
23the violation shall be civilly liable to the unified program agency
24in an amount not to exceed five thousand dollars ($5,000) for each
25day in which the violation occurs.

26

25515.1.  

A person that knowingly violates Sections 25504 to
2725508.2, inclusive, or Section 25510.1, after reasonable notice of
28the violation, is, upon conviction, guilty of a misdemeanor. This
29section does not preempt any other applicable criminal or civil
30penalties.

31

25515.2.  

(a) Notwithstanding Section 25515, a business that
32violates this article is liable to a unified program agency for an
33administrative penalty not greater than two thousand dollars
34($2,000) for each day in which the violation occurs. If the violation
35results in, or significantly contributes to, an emergency, including
36a fire or health or medical problem requiring toxicological, health,
37or medical consultation, the business shall also be assessed the full
38cost of the county, city, fire district, local EMS agency designated
39pursuant to Section 1797.200, or poison control center as defined
P30   1by Section 1797.97, emergency response, as well as the cost of
2cleaning up and disposing of the hazardous materials.

3(b) Notwithstanding Section 25515, a business that knowingly
4violates this article after reasonable notice of the violation is liable
5for an administrative penalty, not greater than five thousand dollars
6($5,000) for each day in which the violation occurs.

7(c) When a unified program agency issues an enforcement order
8or assesses an administrative penalty, or both, for a violation of
9this article, the unified program agency shall utilize the
10administrative enforcement procedures, including the hearing
11procedures, specified in Sections 25404.1.1 and 25404.1.2.

12

25515.3.  

(a) A person or business that violates Section 25510
13shall, upon conviction, be punished by a fine of not more than
14twenty-five thousand dollars ($25,000) for each day of violation,
15by imprisonment in a county jail for not more than one year, or by
16both the fine and imprisonment. If the conviction is for a violation
17committed after a first conviction under this section, the person
18shall be punished by a fine of not less than two thousand dollars
19($2,000) or more than fifty thousand dollars ($50,000) per day of
20violation, by imprisonment pursuant to subdivision (h) of Section
211170 of the Penal Code for 16, 20, or 24 months or in a county jail
22for not more than one year, or by both the fine and imprisonment.
23Furthermore, if the violation results in, or significantly contributes
24to, an emergency, including a fire, to which the county or city is
25required to respond, the person shall also be assessed the full cost
26of the county or city emergency response, as well as the cost of
27cleaning up and disposing of the hazardous materials.

28(b) Notwithstanding subdivision (a), a person who knowingly
29fails to report, pursuant to Section 25510, an oil spill occurring in
30waters of the state, other than marine waters, shall, upon conviction,
31be punished by a fine of not more than fifty thousand dollars
32($50,000), by imprisonment in a county jail for not more than one
33year, or by both that fine and imprisonment.

34(c) Notwithstanding subdivision (a), a person who knowingly
35makes a false or misleading report on an oil spill occurring in
36waters of the state, other than marine waters, shall, upon conviction,
37be punished by a fine of not more than fifty thousand dollars
38($50,000), by imprisonment in a county jail for not more than one
39year, or by both that fine and imprisonment.

P31   1(d) This section does not preclude prosecution or sentencing
2under other provisions of law.

3

25515.4.  

A person who willfully prevents, interferes with, or
4attempts to impede the enforcement of this article by any authorized
5representative of a unified program agency is, upon conviction,
6guilty of a misdemeanor.

7

25515.5.  

(a) All criminal penalties collected pursuant to this
8article shall be apportioned in the following manner:

9(1) Fifty percent shall be paid to the office of the city attorney,
10district attorney, or Attorney General, whichever office brought
11the action.

12(2) Fifty percent shall be paid to the agency which is responsible
13for the investigation of the action.

14(b) All civil penalties collected pursuant to this chapter shall be
15apportioned in the following manner:

16(1) Fifty percent shall be paid to the office of the city attorney,
17district attorney, or Attorney General, whichever office brought
18the action.

19(2) Fifty percent shall be paid to the agency responsible for the
20investigation of the action.

21(c) If a reward is paid to a person pursuant to Section 25517,
22the amount of the reward shall be deducted from the amount of
23the criminal or civil penalty before the amount is apportioned
24pursuant to subdivisions (a) and (b).

25

25515.6.  

(a) If the unified program agency determines that a
26business has engaged in, is engaged in, or is about to engage in
27acts or practices that constitute or will constitute a violation of this
28article or a regulation or order adopted or issued pursuant to this
29article, and when requested by the unified program agency, the
30city attorney of the city or the district attorney of the county in
31which those acts or practices have occurred, are occurring, or will
32occur shall apply to the superior court for an order enjoining the
33acts or practices for an order directing compliance, and, upon a
34showing that the person or business has engaged in, is engaged in,
35or is about to engage in the acts or practices, a permanent or
36temporary injunction, restraining order, or other appropriate order
37may be granted.

38(b) This section does not prohibit a city attorney or district
39attorney from seeking the same relief upon the city attorney’s or
40district attorney’s own motion.

P32   1

25515.7.  

Every civil action brought under this article or Article
22 (commencing with Section 25531) shall be brought by the city
3attorney, district attorney, or Attorney General in the name of the
4people of the State of California, and any actions relating to the
5same violation may be joined or consolidated.

6

25515.8.  

(a) In a civil action brought pursuant to this article
7or Article 2 (commencing with Section 25531) in which a
8temporary restraining order, preliminary injunction, or permanent
9injunction is sought, it is not necessary to allege or prove at any
10stage of the proceeding any of the following:

11(1) Irreparable damage will occur should the temporary
12restraining order, preliminary injunction, or permanent injunction
13not be issued.

14(2) The remedy at law is inadequate.

15(b) The court shall issue a temporary restraining order,
16preliminary injunction, or permanent injunction in a civil action
17brought pursuant to this article or Article 2 (commencing with
18Section 25531) without the allegations and without the proof
19specified in subdivision (a).

20

25516.  

(a) A person who provides information that materially
21contributes to the imposition of a civil penalty, whether by
22settlement or court order, under Section 25515 or 25515.2, as
23determined by the city attorney, district attorney, or the Attorney
24General filing the action, shall be paid a reward by the unified
25program agency or the state equal to 10 percent of the amount of
26the civil penalty collected. The reward shall be paid from the
27amount of the civil penalty collected. No reward paid pursuant to
28this subdivision shall exceed five thousand dollars ($5,000).

29(b) A person who provides information that materially
30contributes to the conviction of a person or business under Section
3125515.1 or 25515.3, as determined by the city attorney, district
32attorney, or the Attorney General filing the action, shall be paid a
33reward by the unified program agency or the state equal to 10
34percent of the amount of the fine collected. The reward shall be
35paid from the amount of the fine collected. No reward paid pursuant
36to this subdivision shall exceed five thousand dollars ($5,000).

37(c) An informant shall not be eligible for a reward for a violation
38known to the unified program agency, unless the information
39materially contributes to the imposition of criminal or civil
40penalties for a violation specified in this section.

P33   1(d) If there is more than one informant for a single violation,
2the person making the first notification received by the office which
3brought the action shall be eligible for the reward, except that, if
4the notifications are postmarked on the same day or telephoned
5notifications are received on the same day, the reward shall be
6divided equally among those informants.

7(e) Public officers and employees of the United States, the State
8of California, or counties and cities in this state are not eligible for
9the reward pursuant to subdivision (a) or (b), unless the providing
10of the information does not relate in any manner to their
11responsibilities as public officers or employees.

12(f) An informant who is an employee of a business and who
13provides information that the business has violated this chapter is
14not eligible for a reward if the employee intentionally or negligently
15caused the violation or if the employee’s primary and regular
16responsibilities included investigating the violation, unless the
17business knowingly caused the violation.

18(g) The unified program agency or the state shall pay rewards
19under this section pursuant to the following procedures:

20(1) An application shall be signed by the informant and
21presented to the unified program agency or the state within 60 days
22after a final judgment has been entered or the period for an appeal
23of a judgment has expired.

24(2) The determination by the district attorney, city attorney, or
25Attorney General as to whether the information provided by the
26applicant materially contributed to the imposition of a judgment
27under Section 25515.1 or 25515.3 shall be final.

28(3) The unified program agency or the state shall notify the
29applicant in writing of its decision to grant or deny a reward within
30a reasonable time period following the filing of an application.

31(4) Approved reward claims shall be paid by the unified program
32 agency or the state within 30 days of the collection and deposit of
33the penalties specified in subdivisions (a) and (b).

34(h) The names of reward applicants or informants shall not be
35disclosed by the unified program agency or the state unless the
36names are otherwise publicly disclosed as part of a judicial
37proceeding.

38(i) Notwithstanding any other provision of this section, rewards
39paid by the state shall only be paid after appropriation by the
40Legislature.

P34   1

25517.  

The office may develop materials, including guidelines
2and informational pamphlets, to assist businesses to fulfill their
3obligations under this article.

4

25518.  

This article shall be construed liberally so as to
5accomplish the intent of the Legislature in protecting the public
6health, safety, and the environment.

7

25519.  

If any provision of this article or the application thereof
8to any person or circumstances is held invalid, that invalidity shall
9not affect other provisions or applications of this article that can
10be given effect without the invalid provision or application, and
11to that end the provisions of this article are severable.

12

begin deleteSEC. 5.end delete
13begin insertSEC. 4.end insert  

Section 25532 of the Health and Safety Code is
14amended to read:

15

25532.  

Unless the context indicates otherwise, the following
16definitions govern the construction of this article:

17(a) “Accidental release” means an unanticipated emission of a
18regulated substance or other extremely hazardous substance into
19the ambient air from a stationary source.

20(b) “Administering agency” means a unified program agency
21as defined in Section 25501.

22(c) “Covered process” means a process that has a regulated
23substance present in more than a threshold quantity.

24(d) “Modified stationary source” means an addition or change
25to a stationary source that qualifies as a “major change,” as defined
26in Subpart A (commencing with Section 68.1) of Part 68 of
27Subchapter C of Chapter I of Title 40 of the Code of Federal
28Regulations. “Modified stationary source” does not include an
29increase in production up to the source’s existing operational
30capacity or an increase in production level, up to the production
31levels authorized in a permit granted pursuant to Section 42300.

begin insert

32(e) “Office” or “agency” means the Office of Emergency
33Services.

end insert
begin delete

34(e)

end delete

35begin insert(end insertbegin insertf)end insert “Person” means an individual, trust, firm, joint stock
36company, business concern, partnership, limited liability company,
37association, or corporation, including, but not limited to, a
38government corporation. “Person” also includes any city, county,
39city and county, district, commission, the state or any department,
40agency or political subdivision thereof, any interstate body, and
P35   1the federal government or any department or agency thereof to the
2extent permitted by law.

begin delete

3(f)

end delete

4begin insert(end insertbegin insertg)end insert “Process” means any activity involving a regulated
5substance, including any use, storage, manufacturing, handling,
6or onsite movement of the regulated substance or any combination
7of these activities. For the purposes of this definition, any group
8of vessels that are interconnected, or separate vessels that are
9located so that a regulated substance could be involved in a
10potential release, shall be considered a single process.

begin delete

11(g)

end delete

12begin insert(end insertbegin inserth)end insert “Qualified person” means a person who is qualified to attest,
13at a minimum, to the completeness of an RMP.

begin delete

14(h)

end delete

15begin insert(end insertbegin inserti)end insert “Regulated substance” means any substance that is either of
16the following:

17(1) A regulated substance listed in Section 68.130 of Title 40
18of the Code of Federal Regulations pursuant to paragraph (3) of
19subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Sec.
207412(r)(3)).

21(2) (A) An extremely hazardous substance listed in Appendix
22A of Part 355 (commencing with Section 355.10) of Subchapter
23J of Chapter I of Title 40 of the Code of Federal Regulations that
24is any of the following:

25(i) A gas at standard temperature and pressure.

26(ii) A liquid with a vapor pressure at standard temperature and
27pressure equal to or greater than 10 millimeters mercury.

28(iii) A solid that is one of the following:

29(I) In solution or in molten form.

30(II) In powder form with a particle size less than 100 microns.

31(III) Reactive with a National Fire Protection Association rating
32of 2, 3, or 4.

33(iv) A substance that the office determines may pose a regulated
34substances accident risk pursuant to subclause (II) of clause (i) of
35subparagraph (B) or pursuant to Section 25543.3.

36(B) (i) On or before June 30, 1997, the office shall, in
37consultation with the Office of Environmental Health Hazard
38Assessment, determine which of the extremely hazardous
39substances listed in Appendix A of Part 355 (commencing with
P36   1Section 355.10) of Subchapter J of Chapter I of Title 40 of the
2Code of Federal Regulations do either of the following:

3(I) Meet one or more of the criteria specified in clauses (i), (ii),
4or (iii) of subparagraph (A).

5(II) May pose a regulated substances accident risk, in
6consideration of the factors specified in subdivision (g) of Section
725543.1, and, therefore, should remain on the list of regulated
8substances until completion of the review conducted pursuant to
9subdivision (a) of Section 25543.3.

10(ii) The office shall adopt, by regulation, a list of the extremely
11hazardous substances identified pursuant to clause (i). Extremely
12hazardous substances placed on the list are regulated substances
13for the purposes of this article. Until the list is adopted, the
14administering agency shall determine which extremely hazardous
15substances should remain on the list of regulated substances
16pursuant to the standards specified in clause (i).

begin delete

17(i)

end delete

18begin insert(end insertbegin insertj)end insert “Regulated substances accident risk” means a potential for
19the accidental release of a regulated substance into the environment
20that could produce a significant likelihood that persons exposed
21may suffer acute health effects resulting in significant injury or
22death.

begin delete

23(j)

end delete

24begin insert(end insertbegin insertk)end insert “RMP” means the risk management plan required under Part
2568 (commencing with Section 68.1) of Subchapter C of Chapter
26I of Title 40 of the Code of Federal Regulations and by this article.

begin delete

27(k)

end delete

28begin insert(end insertbegin insertl)end insert “State threshold quantity” means the quantity of a regulated
29substance described in subparagraph (A) of paragraph (2) of
30subdivision (g), as adopted by the office pursuant to Section
3125543.1 or 25543.3. Until the office adopts a state threshold
32quantity for a regulated substance, the state threshold quantity shall
33be the threshold planning quantity for the regulated substance
34specified in Appendix A of Part 355 (commencing with Section
35355.10) of Subchapter J of Chapter I of Title 40 of the Code of
36Federal Regulations.

begin delete

37(l)

end delete

38begin insert(m)end insert “Stationary source” means any stationary source, as defined
39in Section 68.3 of Title 40 of the Code of Federal Regulations.

begin delete

40(m)

end delete

P37   1begin insert(n)end insert “Threshold quantity” means the quantity of a regulated
2substance that is determined to be present at a stationary source
3in the manner specified in Section 68.115 of Title 40 of the Code
4of Federal Regulations and that is the lesser of either of the
5following:

6(1) The threshold quantity for the regulated substance specified
7in Section 68.130 of Title 40 of the Code of Federal Regulations.

8(2) The state threshold quantity.

9

begin deleteSEC. 6.end delete
10begin insertSEC. 5.end insert  

Section 25535.2 of the Health and Safety Code is
11amended to read:

12

25535.2.  

Within 15 days after the administering agency
13determines that an RMP is complete, the unified program agency
14shall make the RMP available to the public for review and
15comment for a period of at least 45 days. A notice briefly
16describing and stating that the RMP is available for public review
17at a certain location shall be placed in a daily local newspaper or
18placed on an administering agency’s Internet Web site, and mailed
19to interested persons and organizations. The administering agency
20shall review the RMP, and any comments received, following the
21regulations adopted pursuant to subdivision (a) of Section
2225534.05.

23

begin deleteSEC. 7.end delete
24begin insertSEC. 6.end insert  

Section 25536 of the Health and Safety Code is
25amended to read:

26

25536.  

(a) A person or a stationary source with one or more
27covered processes shall comply with the requirements of this article
28no later than the latest date specified in Subpart A (commencing
29with Section 68.1) of Part 68 of Subchapter C of Chapter 7 of Title
3040 of the Code of Federal Regulations.

31(b) If the administering agency makes a determination pursuant
32to Section 25534 that a person or stationary source is required to
33 prepare and submit an RMP, the person or stationary source shall
34submit the RMP in accordance with a schedule established by the
35administering agency after consultation with the stationary source.
36The administering agency shall not require an RMP to be submitted
37earlier than 12 months or later than three years after the owner or
38operator has received a notice of that determination from the
39administering agency.

P38   1

begin deleteSEC. 8.end delete
2begin insertSEC. 7.end insert  

Section 25536.5 of the Health and Safety Code is
3amended to read:

4

25536.5.  

(a) A person or a stationary source that was required
5to prepare, submit, and implement a risk management and
6prevention program pursuant to this article as it read on December
731, 1996, and which is required to prepare and submit an RMP
8pursuant to this article, shall continue to implement the risk
9management and prevention program until the business has
10submitted an RMP as specified in this article.

11(b) A person or a stationary source that was required to prepare,
12submit, and implement a risk management and prevention program
13pursuant to this article as it read on December 31, 1996, and which
14is not required to prepare an RMP pursuant to this article is required
15to comply only with those requirements of this chapter that apply
16to the business.

17(c) A person or a stationary source that was not required to
18prepare, submit, and implement a risk management and prevention
19program pursuant to this article as it read on December 31, 1996,
20but which is required to prepare and submit an RMP pursuant to
21this article, shall submit and implement an RMP not later than the
22deadlines specified in Subpart A (commencing with Section 68.1)
23of Part 68 of Subchapter C of Chapter 7 of Title 40 of the Code of
24Federal Regulations.

25

begin deleteSEC. 9.end delete
26begin insertSEC. 8.end insert  

Section 25540 of the Health and Safety Code is
27amended to read:

28

25540.  

(a) Any person or stationary source that violates this
29article shall be civilly or administratively liable to the unified
30program agency in an amount of not more than two thousand
31dollars ($2,000) for each day in which the violation occurs. If the
32violation results in, or significantly contributes to, an emergency,
33including a fire, the person or stationary source shall also be
34assessed the full cost of the county or city emergency response,
35as well as the cost of cleaning up and disposing of the hazardous
36materials.

37(b) Any person or stationary source that knowingly violates this
38article after reasonable notice of the violation shall be civilly or
39administratively liable to the unified program agency inbegin delete aend deletebegin insert anend insert
40 amount not to exceed twenty-five thousand dollars ($25,000) for
P39   1each day in which the violation occurs. If the violation results in,
2or significantly contributes to, an emergency, including a fire, the
3person or stationary source shall also be assessed the full cost of
4the county or city emergency response, as well as the cost of
5cleaning up and disposing of any hazardous materials.

6(c) When a unified program agency issues an enforcement order
7or assesses an administrative penalty, or both, for a violation of
8this article, the unified program agency shall utilize the
9administrative enforcement procedures, including the hearing
10procedures, specified in Sections 25404.1.1 and 25404.1.2.

11begin insert

begin insertSEC. 9.end insert  

end insert

begin insertThe Legislature finds and declares that the provisions
12of Article 1 (commencing with Section 25500) of Chapter 6.95 of
13Division 20 of the Health and Safety Code, as added by Section 3
14of this act, conform to the changes in the law proposed by Assembly
15Bill 1317 and made by the Governor’s Reorganization Plan No.
162, that was effective July 3, 2012, and operative July 1, 2013.end insert

17begin insert

begin insertSEC. 10.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
18Section 13143.9 of the Health and Safety Code proposed by this
19bill and Assembly Bill 1317. It shall only become operative if (1)
20both bills are enacted and become effective on or before January
211, 2014, (2) each bill amends Section 13143.9 of the Health and
22Safety Code, and (3) this bill is enacted after Assembly Bill 1317,
23in which case Section 13143.9 of the Health and Safety Code, as
24amended by Assembly Bill 1317, shall remain operative only until
25the operative date of this bill, at which time Section 1.5 of this bill
26shall become operative, and Section 1 of this bill shall not become
27operative.

end insert
28

begin deleteSEC. 10.end delete
29begin insert SEC. 11.end insert  

No reimbursement is required by this act pursuant
30to Section 6 of Article XIII B of the California Constitution because
31a local agency or school district has the authority to levy service
32charges, fees, or assessments sufficient to pay for the program or
33level of service mandated by this act or because costs that may be
34incurred by a local agency or school district will be incurred
35because this act creates a new crime or infraction, eliminates a
36crime or infraction, or changes the penalty for a crime or infraction,
37within the meaning of Section 17556 of the Government Code, or
P40   1changes the definition of a crime within the meaning of Section 6
2of Article XIII B of the California Constitution.



O

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