BILL NUMBER: SB 483 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 4, 2013
AMENDED IN ASSEMBLY AUGUST 7, 2013
AMENDED IN ASSEMBLY JULY 1, 2013
AMENDED IN ASSEMBLY JUNE 19, 2013
INTRODUCED BY Senator Jackson
FEBRUARY 21, 2013
An act to amend Sections 13143.9, 25214.14,
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
area plans and packaging. plans.
(1) Existing law requires the Secretary for Environmental
Protection to adopt regulations and implement a unified hazardous
waste and hazardous materials management regulatory program. Existing
law establishes the respective responsibilities of unified program
agencies, designated to implement that unified program locally
, and requires the secretary to establish a
statewide information management system for purposes of receiving
data collected by unified program agencies.
Existing law establishes the responsibility of a local
administering agency authorized to implement and enforce provisions
that require (a) the administering agency to establish area plans for
emergency response to a release or threatened release of a hazardous
material and (b) a business that handles a hazardous material to
establish and implement a business plan for such a response. Existing
law authorizes a unified program agency to implement and enforce
these provisions as an administering agency, as specified.
Existing law specifies the contents of the business plan required
of the hazardous materials handler and requires the plan to be
submitted to the administering agency. Existing law requires the
administering agency to submit to the Office of Emergency Services,
the area plan, a plan to conduct onsite inspection, and a plan to
institute a 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 would additionally impose those
extend the requirements on to prepare
and implement a risk management plan imposed on those stationary
sources to apply to 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.
(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.
This bill would reenact and extend that exemption to January 1,
2015.
(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.
(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.
(4)
(5) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13143.9 of the Health and Safety Code is
amended to read:
13143.9. (a) The State Fire Marshal shall, in carrying out
Section 13143, prepare, adopt, and submit building standards and
other fire and life safety regulations for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13
establishing minimum requirements for the storage, handling, and use
of hazardous materials, as defined, in the California Fire Code. The
State Fire Marshal shall seek the advice of the Office of Emergency
Services in establishing these requirements. This section does not
prohibit a city, county, or district from adopting an ordinance,
resolution, or regulation imposing stricter or more stringent
requirements than a standard adopted pursuant to this section.
(b) A business that files the annual inventory form in compliance
with Chapter 6.95 (commencing with Section 25500) of Division 20,
including the addendum adopted pursuant to paragraph (4) of
subdivision (e) of Section 25504, shall be deemed to have met the
requirements of the California Fire Code regarding hazardous
materials inventory statements, as adopted by the State Fire Marshal
pursuant to this section.
(c) A business that is not required to file a hazardous materials
inventory form pursuant to Section 25506 but that is required by the
local fire chief to comply with the California Fire Code regarding
hazardous materials inventory statements, as adopted by the State
Fire Marshal pursuant to this section, shall, notwithstanding Chapter
6.95 (commencing with Section 25500) of Division 20, file the
inventory form adopted pursuant to Section 25506 and the addendum
adopted pursuant to paragraph (4) of subdivision (e) of Section 25504
with the local fire chief for purposes of complying with this
requirement, if determined to be necessary by the fire chief.
SEC. 1.5 Section 13143.9 of the Health
and Safety Code is amended to read:
13143.9. (a) The State Fire Marshal shall, in carrying out
Section 13143, prepare, adopt, and submit building standards and
other fire and life safety regulations for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13
establishing minimum requirements for the storage, handling, and use
of hazardous materials, as defined, in Article 9 of
the 1988 Uniform California
Fire Code, and any subsequent editions, published by the
Western Fire Chiefs Association and the International Conference of
Building Officials. Code. The State Fire Marshal
shall seek the advice of the California
Office of Emergency Management Agency
Services in establishing these requirements. This section does
not prohibit a city, county, or district from adopting an ordinance,
resolution, or regulation imposing stricter or more stringent
requirements than a standard adopted pursuant to this section.
(b) A business which that files the
annual inventory form in compliance with Chapter 6.95 (commencing
with Section 25500) of Division 20, including the addendum adopted
pursuant to paragraph (4) of subd ivision (e) of
Section 25503.9, 25504, shall be
deemed to have met the requirements of subdivision (c) of
Section 80.103 of the Uniform Fire Code, the
California Fire Code regarding hazardous materials inventory
statements, as adopted by the State Fire Marshal pursuant to
this section.
(c) A business which that is not
required to file a hazardous materials inventory form pursuant to
Section 25509 25506 but which
that is required by the local fire chief to
comply with subdivision (c) of Section 80.103 of the Uniform
Fire Code, the California Fire Code regarding
hazardous materials inventory statements, as adopted by the
State Fire Marshal pursuant to this section, shall, notwithstanding
Chapter 6.95 (commencing with Section 25500) of Division 20, file the
inventory form adopted pursuant to Section 25503.3
25506 and the addendum adopted pursuant to
paragraph (4) of subdivision (e) of Section 25503.9
25504 with the local fire chief for purposes of
complying with this requirement, if determined to be necessary by the
fire chief.
SEC. 2. Section 25214.14 of the Health and
Safety Code is amended to read:
25214.14. A package or a packaging component is exempt from the
requirements of Section 25214.13, and shall be deemed in compliance
with this article, if the manufacturer or supplier complies with the
applicable documentation requirements specified in Section 25214.15
and the package or packaging component meets any of the following
conditions:
(a) The package or packaging component is marked with a code
indicating a date of manufacture prior to January 1, 2006.
(b) A regulated metal has been added to the package or packaging
component in the manufacturing, forming, printing, or distribution
process, to comply with the health or safety requirements of a
federal or state law.
(c) (1) The package or packaging component contains no
intentionally introduced regulated metals, but exceeds the applicable
maximum concentration level set forth in subdivision (c) of Section
25214.13 only because of the addition of a recycled material.
(2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2015.
(d) (1) A regulated metal has been added to the package or
packaging component in the manufacturing, forming, printing, or
distribution process for a use for which there is no feasible
alternative.
(2) For purposes of this subdivision, "a use for which there is no
feasible alternative" means a use, other than for purposes of
marketing, for which a regulated metal is essential to the
protection, safe handling, or function, of the package's contents,
and technical constraints preclude the substitution of other
materials.
(e) (1) The package or packaging component is reused and contains
no intentionally introduced regulated metals, but exceeds the
applicable maximum concentration level set forth in subdivision (c)
of Section 25214.13, and all of the following apply:
(A) The product being conveyed by the package, the package itself,
or the packaging component is otherwise regulated under a federal or
state health or safety requirement.
(B) The transportation of the packaged product is regulated under
federal or state transportation requirements.
(C) The disposal of the package is otherwise performed according
to the requirements of this chapter or Chapter 8 (commencing with
Section 114960) of Part 9 of Division 104.
(2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
(f) (1) The package or packaging component has a controlled
distribution and reuse and contains no intentionally introduced
regulated metals, but exceeds the applicable maximum concentration
level set forth in subdivision (c) of Section 25214.13.
(2) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
(g) (1) The packaging or packaging component is a glass or ceramic
package or packaging component that has a vitrified label, and that,
when tested in accordance with the Waste Extraction Test, described
in Appendix II of Chapter 11 (commencing with Section 66261.1) of
Division 4.5 of Title 22 of the California Code of Regulations does
not exceed 1.0 ppm for cadmium, 5.0 ppm for hexavalent chromium, or
5.0 ppm for lead. A glass or ceramic package or packaging component
containing mercury is not exempted pursuant to this subdivision.
(2) A glass bottle package with paint or applied ceramic
decoration on the bottle does not qualify for an exemption pursuant
to this section, if the paint or applied ceramic decoration contains
lead or lead compounds in excess of 0.06 percent by weight.
(3) This subdivision, and all exemptions provided pursuant to it,
expire on January 1, 2010.
SEC. 3. SEC. 2. Article 1
(commencing with Section 25500) of Chapter 6.95 of Division 20 of the
Health and Safety Code is repealed.
SEC. 4. SEC. 3. Article 1
(commencing with Section 25500) is added to Chapter 6.95 of Division
20 of the Health and Safety Code, to read:
Article 1. Business and Area Plans
25500. (a) The Legislature declares that, in order to protect the
public health and safety and the environment, it is necessary to
establish business and area plans relating to the handling and
release or threatened release of hazardous materials. The
establishment of a statewide environmental reporting system for these
plans is a statewide requirement. Basic information on the location,
type, quantity, and health risks of hazardous materials handled,
used, stored, or disposed of in the state, which could be
accidentally released into the environment, is required to be
submitted to firefighters, health officials, planners, public safety
officers, health care providers, regulatory agencies, and other
interested persons. The information provided by business and area
plans is necessary in order to prevent or mitigate the damage to the
health and safety of persons and the environment from the release or
threatened release of hazardous materials into the workplace and
environment.
(b) The Legislature further finds and declares that this article
and Article 2 (commencing with Section 25531) do not occupy the whole
area of regulating the inventorying of hazardous materials and the
preparation of hazardous materials response plans by businesses, and
the Legislature does not intend to preempt any local actions,
ordinances, or regulations that impose additional or more stringent
requirements on businesses that handle hazardous materials. Thus, in
enacting this article and Article 2 (commencing with Section 25531),
it is not the intent of the Legislature to preempt or otherwise
nullify any other statute or local ordinance containing the same or
greater standards and protections.
25501. Unless the context indicates otherwise, the following
definitions govern the construction of this article:
(a) "Agricultural handler" means a business operating a farm that
is subject to the exemption specified in Section 25507.1.
(b) "Area plan" means a plan established pursuant to Section 25503
by a unified program agency for emergency response to a release or
threatened release of a hazardous material within a city or county.
(c) "Business" means all of the following:
(1) An employer, self-employed individual, trust, firm, joint
stock company, corporation, partnership, or association.
(2) A business organized for profit and a nonprofit business.
(3) The federal government, to the extent authorized by law.
(4) An agency, department, office, board, commission, or bureau of
state government, including, but not limited to, the campuses of the
California Community Colleges, the California State University, and
the University of California.
(5) An agency, department, office, board, commission, or bureau of
a city, county, or district.
(d) "Business plan" means a separate plan for each facility, site,
or branch of a business that meets the requirements of Section
25505.
(e) (1) "Certified Unified Program Agency"
unified program agency " or "CUPA" means the agency
certified by the secretary to implement the unified program
specified in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(2) "Participating Agency" agency
" or "PA" means an agency that has a written agreement
with the CUPA pursuant to subdivision (d) of Section 25404.3, and is
approved by the secretary, to implement or enforce one or more of the
unified program elements specified in paragraphs (4) and (5) of
subdivision (c) of Section 25404, in accordance with Sections 25404.1
and 25404.2.
(3) "Unified program agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in paragraphs (4) and
(5) of subdivision (c) of Section 25404. For purposes of this article
and Article 2 (commencing with Section 25531), the UPAs have the
responsibility and authority, to the extent provided by this article
and Article 2 (commencing with Section 25531) and Sections 25404.1
and 25404.2, to implement and enforce only those requirements of this
article and Article 2 (commencing with Section 25531) listed in
paragraphs (4) and (5) of subdivision (c) of Section 25404.
(4) The UPAs also have the responsibility and authority, to the
extent provided by this article and Article 2 (commencing with
Section 25531) and Sections 25404.1 and 25404.2, to implement and
enforce the regulations adopted to implement the requirements of this
article and Article 2 (commencing with Section 25531) listed in
paragraphs (4) and (5) of subdivision (c) of Section 25404. After a
CUPA has been certified by the secretary, the unified program
agencies shall be the only local agencies authorized to enforce the
requirements of this article and Article 2 (commencing with Section
25531) listed in paragraphs (4) and (5) of subdivision (c) of Section
25404 within the jurisdiction of the CUPA.
(f) "City" includes any city and county.
(g) "Chemical name" means the scientific designation of a
substance in accordance with the nomenclature system developed by the
International Union of Pure and Applied Chemistry or the system
developed by the Chemical Abstracts Service.
(h) "Common name" means any designation or identification, such as
a code name, code number, trade name, or brand name, used to
identify a substance by other than its chemical name.
(i) "Compressed gas" means a material, or mixture of materials,
that meets either of the following:
(1) The definition of compressed gas or cryogenic fluid found in
the California Fire Code.
(2) Compressed gas that is regulated pursuant to Part 1
(commencing with Section 6300) of Division 5 of the Labor Code.
(j) "Emergency rescue personnel" means a public employee,
including, but not limited to, a firefighter or emergency rescue
personnel, as defined in Section 245.1 of the Penal Code, or
personnel of a local emergency medical services (EMS) agency, as
designated pursuant to Section 1797.200, or a poison control center,
as defined by Section 1797.97, who responds to any condition caused,
in whole or in part, by a hazardous material that jeopardizes, or
could jeopardize, public health or safety or the environment.
(k) "Handle" means all of the following:
(1) (A) To use, generate, process, produce, package, treat, store,
emit, discharge, or dispose of a hazardous material in any fashion.
(B) For purposes of subparagraph (A), "store" does not include the
storage of hazardous materials incidental to transportation, as
defined in Title 49 of the Code of Federal Regulations, with regard
to the inventory requirements of Section 25506.
(2) (A) The use or potential for use of a quantity of hazardous
material by the connection of a marine vessel, tank vehicle, tank
car, or container to a system or process for any purpose.
(B) For purposes of subparagraph (A), the use or potential use
does not include the immediate transfer to or from an approved
atmospheric tank or approved portable tank that is regulated as
loading or unloading incidental to transportation by Title 49 of the
Code of Federal Regulations.
(l) "Handler" means a business that handles a hazardous material.
(m) "Hazardous material" means a material that, because of its
quantity, concentration, or physical or chemical characteristics,
poses a significant present or potential hazard to human health and
safety or to the environment if released into the workplace or the
environment. "Hazardous materials" include, but are not limited to,
hazardous substances, hazardous waste, and any material that a
handler or the unified program agency has a reasonable basis for
believing that it would be injurious to the health and safety of
persons or harmful to the environment if released into the workplace
or the environment.
(n) "Hazardous substance" means any substance or chemical product
for which one of the following applies:
(1) The manufacturer or producer is required to prepare a material
safety data sheet (MSDS) for the substance or product pursuant to
the Hazardous Substances Information and Training Act (Chapter 2.5
(commencing with Section 6360) of Part 1 of Division 5 of the Labor
Code) or pursuant to any applicable federal law or regulation.
(2) The substance is listed as a radioactive material in Appendix
B of Chapter 1 (commencing with Section 10.1) of Title 10 of the Code
of Federal Regulations, maintained and updated by the Nuclear
Regulatory Commission.
(3) Hazardous materials or substances listed in Part 172
(commencing with Section 172.1) and Part 173 (commencing with Section
173.1) of Subchapter C of Chapter I of Subtitle B of Title 49 of the
Code of Federal Regulations.
(4) The materials in the listings specified in subdivision (b) of
Section 6382 of the Labor Code.
(o) "Hazardous waste" means hazardous waste, as defined by
Sections 25115 and 25117 and by subdivision (g) of Section 25316.
(p) "Office" means the Office of Emergency Services.
(q) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, unless permitted or
authorized by a regulatory agency.
(r) "Secretary" means the Secretary for Environmental Protection.
(s) "SIC or NAICS Code" means the identification number assigned
by the Standard Industrial Classification Code or the North American
Industry Classification System, as applicable, to specific types of
businesses.
(t) "Statewide information management system" means the statewide
information management system established pursuant to subdivision (e)
of Section 25404 that provides for the combination of state and
local information management systems for the purposes of managing
unified program data.
(u) "Threatened release" means a condition, circumstance, or
incident making it necessary to take immediate action to prevent,
reduce, or mitigate a release with the potential to cause damage or
harm to persons, property, or the environment.
(v) "Trade secret" means trade secrets as defined in either
subdivision (d) of Section 6254.7 of the Government Code or Section
1061 of the Evidence Code.
(w) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraphs (4) and (5) of
subdivision (c) of Section 25404.
25502. (a) This article and Article 3 (commencing with Section
25545), as it pertains to the handling of hazardous material, and
Article 2 (commencing with Section 25531), as it pertains to the
regulation of stationary sources, shall be implemented by one of the
following:
(1) If there is a CUPA, the unified program agency.
(2) If there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
(b) The agency responsible for implementing this article, Article
2 (commencing with Section 25531), and Article 3 (commencing with
Section 25545) shall ensure full access to, and the availability of,
information submitted under this chapter to emergency rescue
personnel and other appropriate governmental entities within its
jurisdiction.
25503. (a) The office shall adopt, after public hearing and
consultation with the Office of the State Fire Marshal and other
appropriate public entities, regulations for minimum standards for
business plans and area plans. All business plans and area plans
shall meet the standards adopted by the office.
(b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:
(1) Set forth minimum requirements of adequacy, and not preclude
the imposition of additional or more stringent requirements by local
government.
(2) Take into consideration and adjust for the size and nature of
the business, the proximity of the business to residential areas and
other populations, and the nature of the damage potential of its
hazardous materials in establishing standards for paragraphs (3) and
(4) of subdivision (a) of Section 25505.
(3) Take into account the existence of local area and business
plans that meet the requirements of this article so as to minimize
the duplication of local efforts, consistent with the objectives of
this article.
(4) Define what releases and threatened releases are required to
be reported pursuant to Section 25510. The office shall consider the
existing federal reporting requirements in determining a definition
of reporting releases pursuant to Section 25510.
(c) A unified program agency shall, in consultation with local
emergency response agencies, establish an area plan for emergency
response to a release or threatened release of a hazardous material
within its jurisdiction. An area plan is not a statute, ordinance, or
regulation for purposes of Section 669 of the Evidence Code. The
standards for area plans in the regulations adopted pursuant to
subdivision (a) shall provide for all of the following:
(1) Procedures and protocols for emergency rescue personnel,
including the safety and health of those personnel.
(2) Preemergency planning.
(3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special
districts.
(4) Training of appropriate employees.
(5) Onsite public safety and information.
(6) Required supplies and equipment.
(7) Access to emergency response contractors and hazardous waste
disposal sites.
(8) Incident critique and followup.
(9) Requirements for notification to the office of reports made
pursuant to Section 25510.
(d) (1) The unified program agency shall submit to the office for
its review a copy of the proposed area plan within 180 days after
adoption of regulations by the office. The office shall notify the
unified program agency as to whether the area plan is adequate and
meets the area plan standards. The unified program agency shall
submit a corrected area plan within 45 days of this notice.
(2) The unified program agency shall certify to the office every
three years that it has conducted a complete review of its area plan
and has made any necessary revisions. If a unified program agency
makes a substantial change to its area plan, it shall forward the
changes to the office within 14 days after the changes have been
made.
(e) The inspection and enforcement program established pursuant to
paragraphs (2) and (3) of subdivision (a) of Section 25404.2, shall
include the basic provisions of a plan to conduct onsite inspections
of businesses subject to this article by the unified program agency.
These inspections shall ensure compliance with this article and shall
identify existing safety hazards that could cause or contribute to a
release and, where appropriate, enforce any applicable laws and
suggest preventative measures designed to minimize the risk of the
release of hazardous material into the workplace or environment. The
requirements of this paragraph do not alter or affect the immunity
provided to a public entity pursuant to Section 818.6 of the
Government Code.
25504. (a) The Legislature hereby finds and declares that persons
attempting to do business in this state are increasingly
experiencing excessive and duplicative regulatory requirements at
different levels of government.
(b) To streamline and ease the regulatory burdens of doing
business in this state, compliance with Section 25505 shall also
suffice to meet the requirements for a Hazardous Materials Management
Plan and the Hazardous Materials Inventory Statement as set forth in
the California Fire Code and its appendices, to the extent that the
information in the California Fire Code is contained in Section
25505.
(c) The unified program agency shall provide access to the
information collected in the statewide information management system
to those agencies with shared responsibilities for the protection of
the public health and safety and the environment.
(d) The enforcement of this article by unified program agencies
and the California Fire Code by those agencies required to enforce
the provisions of that code shall be coordinated.
(e) (1) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that files
the annual inventory form in compliance with this article and the
addendum adopted pursuant to paragraph (4), if required by the local
fire chief, shall be deemed to have met the requirements for a
Hazardous Materials Inventory Statement, as set forth in the
California Fire Code and its appendices.
(2) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that
establishes and maintains a business plan for emergency response to a
release or a threatened release of a hazardous material in
accordance with Section 25505, shall be deemed to have met the
requirements for a Hazardous Materials Management Plan, as set forth
in the California Fire Code and its appendices.
(3) Except for the addendum required by the local fire chief
pursuant to paragraph (4), the unified program agency shall be the
sole enforcement agency for purposes of determining compliance
pursuant to paragraphs (1) and (2).
(4) The office shall, in consultation with the unified program
agencies and the State Fire Marshal, adopt by regulation a single
comprehensive addendum for hazardous materials reporting for the
purposes of complying with subdivisions (b) and (c) of Section
13143.9 and subdivision (b) of Section 25506. The unified program
agency shall require businesses to annually use that addendum when
complying with subdivisions (b) and (c) of Section 13143.9 and
subdivision (b) of Section 25506. A business shall file the addendum
with the unified program
agency when required by the local fire chief pursuant to
subdivision (b) of Section 13143.9 or subdivision (b) of Section
25506.
(f) Except as otherwise expressly provided in this section, this
section does not affect or otherwise limit the authority of the local
fire chief to enforce the California Fire Code.
25505. (a) A business plan shall contain all of the following
information:
(1) The inventory of information required by this article and
additional information the governing body of the unified program
agency finds necessary to protect the health and safety of persons,
property, or the environment. Locally required information shall be
adopted by local ordinance or required by state law. This information
shall be subject to trade secret protection specified in Section
25512.
(2) A site map that contains north orientation, loading areas,
internal roads, adjacent streets, storm and sewer drains, access and
exit points, emergency shutoffs, evacuation staging areas, hazardous
material handling and storage areas, and emergency response
equipment. Updates to existing maps to meet these requirements shall
be completed by January 1, 2015.
(3) Emergency response plans and procedures in the event of a
reportable release or threatened release of a hazardous material,
including, but not limited to, all of the following:
(A) Immediate notification to the appropriate local emergency
rescue personnel and to the unified program agency.
(B) Procedures for the mitigation of a release or threatened
release to minimize any potential harm or damage to persons,
property, or the environment.
(C) Evacuation plans and procedures, including immediate notice,
for the business site.
(4) Training for all new employees and annual training, including
refresher courses, for all employees in safety procedures in the
event of a release or threatened release of a hazardous material,
including, but not limited to, familiarity with the plans and
procedures specified in paragraph (3). These training programs may
take into consideration the position of each employee. This training
shall be documented electronically or by hard copy and shall be made
available for a minimum of three years.
(b) A business required to file a pipeline operations contingency
plan in accordance with the California Pipeline Safety Act of 1981
(Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1
of Title 5 of the Government Code) and the regulations of the
Department of Transportation, found in Part 195 (commencing with
Section 195.1) of Subchapter D of Chapter I of Subtitle B of Title 49
of the Code of Federal Regulations, may file a copy of those plans
with the unified program agency instead of filing an emergency
response plan specified in paragraph (3) of subdivision (a).
25505.1. A business that is required to establish and implement a
business plan pursuant to Section 25507 and is located on leased or
rented real property shall notify, in writing, the owner of the
property that the business is subject to Section 25507 and has
complied with its provisions, and shall provide a copy of the
business plan to the owner or the owner's agent within five working
days after receiving a request for a copy from the owner or the owner'
s agent.
25506. (a) The annual inventory submittal shall contain, but
shall not be limited to, information on all of the following that are
handled in quantities equal to or greater than the quantities
specified in subdivision (a) of Section 25507 or as established by
the governing body of the unified program agency by a local
ordinance:
(1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.
(2) The category of waste, including the general chemical
composition of the waste listed by probable maximum and minimum
concentrations, of every hazardous waste handled by the business.
(3) A listing of the chemical name and common names of every other
hazardous material or mixture containing a hazardous material
handled by the business that is not otherwise listed pursuant to
paragraph (1) or (2).
(4) The maximum amount of each hazardous material or mixture
containing a hazardous material disclosed in paragraphs (1), (2), and
(3) that is handled at any one time by the business over the course
of the year.
(5) Sufficient information on how and where the hazardous
materials disclosed in paragraphs (1), (2), and (3) are handled by
the business to allow fire, safety, health, and other appropriate
personnel to prepare adequate emergency responses to potential
releases of the hazardous materials.
(6) The SIC or NAICS Code for the business, to the extent that
applicable codes exist that represent that business.
(7) The name and telephone number of the person representing the
business and able to assist emergency personnel in the event of an
emergency involving the business during nonbusiness hours.
(b) If required by the local fire chief, the business shall also
file the addendum required by paragraph (4) of subdivision (e) of
Section 25504.
(c) (1) Except as provided in subdivision (d), the annual
inventory information required by this section shall also include all
inventory information required by Section 11022 of Title 42 of the
United States Code.
(2) The office may adopt or amend existing regulations specifying
the inventory information required by this subdivision.
(d) If, pursuant to federal law or regulation, as it currently
exists or as it may be amended, the office determines that the
inventory information required by subdivisions (a) and (c) is
substantially equivalent to the inventory information required under
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Sec. 11001 et seq.), the requirements of subdivisions (a) and
(c) shall not apply.
25507. (a) Except as provided in this article, a business shall
establish and implement a business plan for emergency response to a
release or threatened release of a hazardous material in accordance
with the standards prescribed in the regulations adopted pursuant to
Section 25503 if the business meets any of the following conditions:
(1) The business handles a hazardous material or a mixture
containing a hazardous material that has a quantity at any one time
during the reporting year that is equal to, or greater than, 55
gallons for materials that are liquids, 500 pounds for solids, or 200
cubic feet for compressed gas. The physical state and quantity
present of mixtures shall be determined by the physical state of the
mixture as whole, not individual components, at standard temperature
and pressure.
(2) The business is required to submit chemical inventory
information pursuant to Section 11022 of Title 42 of the United
States Code.
(3) The business handles at any one time during the reporting year
an amount of a hazardous material that is equal to, or greater than
the threshold planning quantity, under both of the following
conditions:
(A) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
(4) (A) The business handles at any one time during the reporting
year a total weight of 5,000 pounds for solids or a total volume of
550 gallons for liquids, if the hazardous material is a solid or
liquid substance that is classified as a hazard for purposes of
Section 5194 of Title 8 of the California Code of Regulations solely
as an irritant or sensitizer, unless the unified program agency
finds, and provides notice to the business handling the product, that
the handling of lesser quantities of that hazardous material
requires the submission of a business plan, or any portion of a
business plan, in response to public health, safety, or environmental
concerns.
(B) The unified program agency shall make the findings required by
subparagraph (A) in consultation with the local fire chief.
(5) (A) The business handles at any one time during the reporting
year a total of 1,000 cubic feet, if the hazardous material is a
compressed gas and is classified as a hazard for the purposes of
Section 5194 of Title 8 of the California Code of Regulations solely
as a compressed gas, unless the unified program agency finds, and
provides notice to the business handling the product, that the
handling of lesser quantities of that hazardous material requires the
submission of a business plan, or any portion thereof, in response
to public health, safety, or environmental concerns.
(B) The unified program agency shall make the findings required by
subparagraph (A) in consultation with the local fire chief.
(C) The hazardous materials subject to subparagraph (A) include a
gas for which the only health and physical hazards are simple
asphyxiation and the release of pressure.
(D) The hazardous materials subject to subparagraph (A) do not
include gases in a cryogenic state.
(6) The business handles a radioactive material at any one time
during the reporting year that is handled in quantities for which an
emergency plan is required to be adopted pursuant to Part 30
(commencing with Section 30.1), Part 40 (commencing with Section
40.1), or Part 70 (commencing with Section 70.1), of Chapter 1 of
Title 10 of the Code of Federal Regulations, or pursuant to any
regulations adopted by the state in accordance with those
regulations.
(7) The business handles perchlorate material, as defined in
subdivision (c) of Section 25210.5, in a quantity at any one time
during the reporting year that is equal to, or greater than, the
thresholds listed in paragraph (1).
(b) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained by
a physician, dentist, podiatrist, veterinarian, or pharmacist, at his
or her office or place of business, stored at each office or place
of business in quantities of not more than 1,000 cubic feet of each
material at any one time, are exempt from this section and from
Section 25506. The unified program agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.
(c) (1) Lubricating oil is exempt from this section and Sections
25506 and 25508, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.
(2) For purposes of this paragraph, "lubricating oil" means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(d) Oil-filled electrical equipment that is not contiguous to an
electric facility is exempt from this section and Sections 25506 and
25508 if the aggregate capacity is less than 1,320 gallons.
(e) Hazardous material contained solely in a consumer product for
direct distribution to, and use by, the general public is exempt from
the business plan requirements of this article unless the unified
program agency has found, and has provided notice to the business
handling the product, that the handling of certain quantities of the
product requires the submission of a business plan, or any portion
thereof, in response to public health, safety, or environmental
concerns.
(f) In addition to the authority specified in subdivision (h), the
governing body of the unified program agency may, in exceptional
circumstances, following notice and public hearing, exempt a
hazardous substance specified in subdivision (o) of Section 25501
from Section 25506, if it is found that the hazardous substance would
not pose a present or potential danger to the environment or to
human health and safety if the hazardous substance was released into
the environment. The unified program agency shall send a notice to
the office and the secretary within 15 days from the effective date
of any exemption granted pursuant to this subdivision.
(g) The unified program agency, upon application by a handler, may
exempt the handler, under conditions that the unified program agency
determines to be proper, from any portion of the requirements to
establish and maintain a business plan, upon a written finding that
the exemption would not pose a significant present or potential
hazard to human health or safety or to the environment, or affect the
ability of the unified program agency and emergency rescue personnel
to effectively respond to the release of a hazardous material, and
that there are unusual circumstances justifying the exemption. The
unified program agency shall specify in writing the basis for any
exemption under this subdivision.
(h) The unified program agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
article upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
unified program agency shall specify in writing the basis for any
exemption under this subdivision.
(i) The unified program agency shall adopt procedures to provide
for public input when approving applications submitted pursuant to
subdivisions (g) and (h).
25507.1. (a) A unified program agency shall exempt a business
operating a farm for purposes of cultivating the soil or raising or
harvesting any agricultural or horticultural commodity from filing
the information in the business plan required by paragraphs (3) and
(4) of subdivision (a) of Section 25505 if all of the following
requirements are met:
(1) The agricultural handler annually submits the inventory of
information required by Section 25505 to the statewide information
management system.
(2) Each building in which hazardous materials subject to this
article are stored is posted with signs, in accordance with
regulations that the office shall adopt, that provide notice of the
storage of any of the following:
(A) Pesticides.
(B) Petroleum fuels and oil.
(C) Types of fertilizers.
(3) The agricultural handler provides the training programs
specified in paragraph (4) of subdivision (a) of Section 25505.
(b) The unified program agency may designate the county
agricultural commissioner to conduct the inspections of agricultural
handlers. The agricultural commissioner shall schedule and conduct
inspections in accordance with Section 25511.
25507.2. (a) The unified program agency shall exempt a business
operating an unstaffed remote facility located in an isolated
sparsely populated area from Sections 25506 and 25507 if the facility
is not otherwise subject to the requirements of applicable federal
law, and all of the following requirements are met:
(1) The types and quantities of materials onsite are limited to
one or more of the following:
(A) One thousand standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
(B) Five hundred gallons of combustible liquid used as a fuel
source.
(C) Two hundred gallons of corrosive liquids used as electrolytes
in closed containers.
(D) Five hundred gallons of lubricating and hydraulic fluids.
(E) One thousand two hundred gallons of flammable gas used as a
fuel source.
(F) Any quantity of mineral oil contained within electrical
equipment, such as transformers, bushings, electrical switches, and
voltage regulators, if the spill prevention control and
countermeasure plan has been prepared for quantities that meet or
exceed 1,320 gallons.
(2) The facility is secured and not accessible to the public.
(3) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
(4) A one-time notification and inventory are provided to the
unified program agency along with a processing fee in lieu of the
existing fee. The fee shall not exceed the actual cost of processing
the notification and inventory, including a verification inspection,
if necessary.
(5) If the information contained in the initial notification or
inventory changes and the time period of the change is longer than 30
days, the notification or inventory shall be resubmitted within 30
days to the unified program agency to reflect the change, along with
a processing fee, in lieu of the existing fee, that does not exceed
the actual cost of processing the amended notification or inventory,
including a verification inspection, if necessary.
(6) The unified program agency shall forward a copy of the
notification and inventory to those agencies that share
responsibility for emergency response.
(7) The unified program agency may require an unstaffed remote
facility to submit a hazardous materials business plan and inventory
in accordance with this article if the agency finds that special
circumstances exist so that development and maintenance of the
business plan and inventory are necessary to protect the public
health and safety and the environment.
(b) On-premises use, storage, or both, of propane in an amount not
to exceed 500 gallons that is for the sole purpose of cooking,
heating the employee work areas, and heating water, within that
business, is exempt from Section 25507, unless the uniform program
agency finds, and provides notice to the business handling the
propane, that the handling of the on-premise propane requires the
submission of a business plan, or any portion of a business plan, in
response to public health, safety, or environmental concerns.
(c) The unified program agency shall provide all information
obtained from completed inventory forms, upon request, to emergency
rescue personnel on a 24-hour basis.
25508. (a) (1) A handler shall electronically submit its business
plan to the statewide information management system in accordance
with the requirements of this article and certify that the business
plan meets the requirements of this article.
(2) If, after review, the unified program agency determines that
the handler's business plan is deficient in satisfying the
requirements of this article or the regulations adopted pursuant to
Section 25503, the unified program agency shall notify the handler of
those deficiencies. The handler shall electronically submit a
corrected business plan within 30 days from the date of the notice.
(3) If a handler fails, after reasonable notice, to electronically
submit a business plan in compliance with this article, the unified
program agency shall take appropriate action to enforce this article,
including the imposition of civil and criminal penalties as
specified in this article.
(4) For data not adopted in the manner established under the
standards adopted pursuant to subdivision (e) of Section 25404, and
that is reported using a document format, the use of a reporting
method accepted by the statewide information management system shall
be considered compliant with the requirement to submit that data. If
the reporting option used does not support public records requests
from the public, the handler shall provide requested documents to the
unified program agency within 10 business days of a request from the
unified program agency.
(b) A handler shall review the business plan submitted pursuant to
subdivision (a) at least once every three years to determine if a
revision is needed and shall certify to the unified program agency
that the review was made and that any necessary changes were made to
the plan.
(c) Unless exempted from the business plan requirements under this
article, a handler shall annually review the business plan
information and resubmit or certify as correct the inventory
information in the statewide environmental reporting system.
(d) A business required to establish, implement, and
electronically submit a business plan pursuant to subdivision (a)
shall not be deemed to be in violation of this article until 30 days
after the business becomes subject to subdivision (a), unless the
unified program agency requests the business to establish, implement,
and electronically submit the business plan at an earlier date.
25508.1. Within 30 days of any one of the following events, a
business subject to this article shall electronically update the
information submitted to the statewide information management system:
(a) A 100 percent or more increase in the quantity of a previously
disclosed material.
(b) Any handling of a previously undisclosed hazardous material
subject to the inventory requirements of this article.
(c) Change of business address.
(d) Change of business ownership.
(e) Change of business name.
(f) (1) A substantial change in the handler's operations occurs
that requires modification to any portion of the business plan.
(2) For the purposes of this subdivision, "substantial change"
means any change in a regulated facility that would inhibit immediate
response during an emergency by either site personnel or emergency
rescue personnel, or that could inhibit the handler's ability to
comply with Section 25507, change the operational knowledge of the
facility, or impede implementation of the business plan.
25508.2. At least once every 12 months, the business owner,
operator, or officially designated representative shall review and
certify that the information in the statewide information management
system has been verified and is complete, accurate, and up to date
and that it contains the information required by Section 11022 of
Title 42 of the United States Code. An annual electronic submittal to
the statewide information management system satisfies this
requirement.
25509. (a) The unified program agency shall update its
administrative procedures with regard to maintaining records and
responding to requests for information in accordance with Subdivision
4 (commencing with Section 15100) of Division 1 of, and Division 3
of, Title 27 of the California Code of Regulations, as those
regulations read on January 1, 2014. The unified program agency shall
make the data elements and documents submitted pursuant to this
article available for public inspection during the regular working
hours of the unified program agency, except the data elements and
documents specifying the precise location where hazardous materials
are stored and handled onsite, including any maps required by
paragraph (2) of subdivision (a) of Section 25505, shall not be
available for inspection. The unified program agency shall make the
data elements and documents submitted pursuant to this article
available to a requesting government agency that is authorized by law
to access the information.
(b) A person who submits inventory information required under
Section 25506 with the unified program agency shall be deemed to have
filed the inventory form required by Section 11022(a) of Title 42 of
the United States Code with the state emergency response commission
and emergency planning committee established pursuant to Section
11001 of Title 42 of the United States Code.
(c) The unified program agency shall, upon request, transmit the
information collected pursuant to this chapter to the Chemical
Emergency Planning and Response Commission, established by the
Governor as the state emergency response commission pursuant to
Section 11001(a) of Title 42 of the United States Code, and to the
local emergency planning committee established pursuant to Section
11001(c) of Title 42 of the United States Code.
25510. (a) Except as provided in subdivision (b), the handler or
an employee, authorized representative, agent, or designee of a
handler, shall, upon discovery, immediately report any release or
threatened release of a hazardous material to the unified program
agency, and to the office, in accordance with the regulations adopted
pursuant to Section 25503. The handler or an employee, authorized
representative, agent, or designee of the handler shall provide all
state, city, or county fire or public health or safety personnel and
emergency rescue personnel with access to the handler's facilities.
(b) Subdivision (a) does not apply to a person engaged in the
transportation of a hazardous material on a highway that is subject
to, and in compliance with, the requirements of Sections 2453 and
23112.5 of the Vehicle Code.
25510.1. (a) A business required to submit a followup emergency
notice pursuant to Section 11004(c) of Title 42 of the United States
Code shall submit the notice on a form approved by the office.
(b) The office may adopt guidelines for the use of the forms
required by subdivision (a).
25510.2. In order to carry out the purposes of this chapter, a
unified program agency may train for, and respond to, the release, or
threatened release, of a hazardous material.
25510.3. The emergency rescue personnel, responding to the
reported release or threatened release of a hazardous material, or of
a regulated substance, as defined in Section 25532, or to any fire
or explosion involving a material or substance that involves a
release that would be required to be reported pursuant to Section
25510, shall immediately advise the superintendent of the school
district having jurisdiction, where the location of the release or
threatened release is within one-half mile of a school.
25511. (a) In order to carry out the purposes of this article and
Article 2 (commencing with Section 25531), an employee or authorized
representative of a unified program agency has the authority
specified in Section 25185, with respect to the premises of a
handler, and in Section 25185.5, with respect to real property that
is within 2,000 feet of the premises of a handler, except that this
authority shall include conducting inspections concerning hazardous
material, in addition to hazardous waste.
(b) In addition to the requirements of Section 25537, the unified
program agency shall conduct inspections of every business subject to
this article at least once every three years to determine if the
business is in compliance with this article. The unified program
agency shall give priority, when conducting these inspections, to
inspecting facilities that are required to prepare a risk management
plan pursuant to Article 2 (commencing with Section
25531). In establishing a schedule for
conducting inspections pursuant to this section, the unified program
agency may adopt and use an index of the volatility, toxicity, and
quantity of regulated substances and hazardous materials. A unified
program agency shall attempt to schedule the inspections conducted
pursuant to this section and Section 25537, when applicable, during
the same time period.
(c) The unified program agency may designate the county
agricultural commissioner to conduct the inspection of agricultural
handlers for purposes of Section 25507.1.
25512. (a) As used in this section, "trade secret" means a trade
secret as defined in either subdivision (d) of Section 6254.7 of the
Government Code or Section 1061 of the Evidence Code.
(b) (1) If a business believes that the inventory required by this
article involves the release of a trade secret, the business shall
nevertheless provide this information to the unified program agency,
and shall notify the unified program agency in writing of that belief
on the inventory form.
(2) Subject to subdivisions (d) and (e), the unified program
agency shall protect from disclosure any information designated as a
trade secret by the business pursuant to paragraph (1).
(c) (1) Upon the receipt of a request for the release of
information to the public that includes information that the business
has notified the unified program agency is a trade secret pursuant
to paragraph (1) of subdivision (b), the unified program agency shall
notify the business in writing of the request by certified mail,
return receipt requested.
(2) The unified program agency shall release the requested
information to the public 30 days or more after the date of mailing
to the business the notice of the request for information, unless,
prior to the expiration of the 30-day period, the business files an
action in an appropriate court for a declaratory judgment that the
information is subject to protection under subdivision (b) or for an
injunction prohibiting disclosure of the information to the public,
and promptly notifies the unified program agency of that action.
(3) This subdivision does not permit a business to refuse to
disclose the information required pursuant to this section to the
unified program agency.
(d) Except as provided in subdivision (c), any information that
has been designated as a trade secret by a business is confidential
information for purposes of this section and shall not be disclosed
to anyone except the following:
(1) An officer or employee of the county, city, state, or the
United States, in connection with the official duties of that officer
or employee under any law for the protection of health, or
contractors with the county, city, or state and their
employees if, in the opinion of the unified program agency,
disclosure is necessary and required for the satisfactory performance
of a contract, for performance of work, or to protect the health and
safety of the employees of the contractor.
(2) A physician if the physician certifies in writing to the
unified program agency that the information is necessary to the
medical treatment of the physician's patient.
(e) A physician who, by virtue of having obtained possession of,
or access to, confidential information, and who, knowing that
disclosure of the information to the general public is prohibited by
this section, knowingly and willfully discloses the information in
any manner to a person not entitled to receive it, is guilty of a
misdemeanor.
(f) An officer or employee of the county or city, or former
officer or employee who, by virtue of that employment or official
position, has possession of, or has access to, confidential
information, and who, knowing that disclosure of the information to
the general public is prohibited by this section, knowingly and
willfully discloses the information in any manner to a person not
entitled to receive it, is guilty of a misdemeanor. A contractor with
the county or city and an employee of the contractor, who has been
furnished information as authorized by this section, shall be
considered an employee of the county or city for purposes of this
section.
25512.1. Notwithstanding Section 25512, information certified by
appropriate officials of the United States as necessary to be kept
secret for national defense purposes shall be accorded the full
protections against disclosure as specified by those officials or in
accordance with the laws of the United States.
25513. Each administering county or city may, upon a majority
vote of the governing body, adopt a schedule of fees to be collected
from each business required to submit a business plan pursuant to
this article that is within its jurisdiction. The governing body may
provide for the waiver of fees when a business, as defined in
paragraph (3), (4), or (5) of subdivision (c) of Section 25501,
submits a business plan. The fee shall be set in an amount sufficient
to pay only those costs incurred by the unified program agency in
carrying out this article. In determining the fee schedule, the
unified program agency shall consider the volume and degree of hazard
potential of the hazardous materials handled by the businesses
subject to this article.
25514. Notwithstanding any other law, a public entity shall not
be held liable for any injury or damages resulting from an inadequate
or negligent review of a business plan conducted pursuant to Section
25508.
25514.1. (a) The submission of any information required under
this article does not affect any other liability or responsibility of
a business with regard to safeguarding the health and safety of an
employee or any other person.
(b) Compliance with this article shall not be deemed to be
compliance with the duty of care required of any business for
purposes of any judicial or administrative proceeding conducted
pursuant to any other provision of law.
25515. (a) A business that violates Sections 25504 to 25508.2,
inclusive, or Section 25511, shall be civilly liable to the unified
program agency in an amount of not more than two thousand dollars
($2,000) for each day in which the violation occurs. If the violation
results in, or significantly contributes to, an emergency, including
a fire, the business shall also be assessed the full cost of the
county or city emergency response, as well as the cost of cleaning up
and disposing of the hazardous materials.
(b) A business that knowingly violates Sections 25504 to 25508.2,
inclusive, or Section 25510.1, after reasonable notice of the
violation shall be civilly liable to the unified program agency in an
amount not to exceed five thousand dollars ($5,000) for each day in
which the violation occurs.
25515.1. A person that knowingly violates Sections 25504 to
25508.2, inclusive, or Section 25510.1, after reasonable notice of
the violation, is, upon conviction, guilty of a misdemeanor. This
section does not preempt any other applicable criminal or civil
penalties.
25515.2. (a) Notwithstanding Section 25515, a business that
violates this article is liable to a unified program agency for an
administrative penalty not greater than two thousand dollars ($2,000)
for each day in which the violation occurs. If the violation results
in, or significantly contributes to, an emergency, including a fire
or health or medical problem requiring toxicological, health, or
medical consultation, the business shall also be assessed the full
cost of the county, city, fire district, local EMS agency designated
pursuant to Section 1797.200, or poison control center as defined by
Section 1797.97, emergency response, as well as the cost of cleaning
up and disposing of the hazardous materials.
(b) Notwithstanding Section 25515, a business that knowingly
violates this article after reasonable notice of the violation is
liable for an administrative penalty, not greater than five thousand
dollars ($5,000) for each day in which the violation occurs.
(c) When a unified program agency issues an enforcement order or
assesses an administrative penalty, or both, for a violation of this
article, the unified program agency shall utilize the administrative
enforcement procedures, including the hearing procedures, specified
in Sections 25404.1.1 and 25404.1.2.
25515.3. (a) A person or business that violates Section 25510
shall, upon conviction, be punished by a fine of not more than
twenty-five thousand dollars ($25,000) for each day of violation, by
imprisonment in a county jail for not more than one year, or by both
the fine and imprisonment. If the conviction is for a violation
committed after a first conviction under this section, the person
shall be punished by a fine of not less than two thousand dollars
($2,000) or more than fifty thousand dollars ($50,000) per day of
violation, by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for 16, 20, or 24 months or in a county jail
for not more than one year, or by both the fine and imprisonment.
Furthermore, if the violation results in, or significantly
contributes to, an emergency, including a fire, to which the county
or city is required to respond, the person shall also be assessed the
full cost of the county or city emergency response, as well as the
cost of cleaning up and disposing of the hazardous materials.
(b) Notwithstanding subdivision (a), a person who knowingly fails
to report, pursuant to Section 25510, an oil spill occurring in
waters of the state, other than marine waters, shall, upon
conviction, be punished by a fine of not more than fifty thousand
dollars ($50,000), by imprisonment in a county jail for not more than
one year, or by both that fine and imprisonment.
(c) Notwithstanding subdivision (a), a person who knowingly makes
a false or misleading report on an oil spill occurring in waters of
the state, other than marine waters, shall, upon conviction, be
punished by a fine of not more than fifty thousand dollars ($50,000),
by imprisonment in a county jail for not more than one year, or by
both that fine and imprisonment.
(d) This section does not preclude prosecution or sentencing under
other provisions of law.
25515.4. A person who willfully prevents, interferes with, or
attempts to impede the enforcement of this article by any authorized
representative of a unified program agency is, upon conviction,
guilty of a misdemeanor.
25515.5. (a) All criminal penalties collected pursuant to this
article shall be apportioned in the following manner:
(1) Fifty percent shall be paid to the office of the city
attorney, district attorney, or Attorney General, whichever office
brought the action.
(2) Fifty percent shall be paid to the agency which is responsible
for the investigation of the action.
(b) All civil penalties collected pursuant to this chapter shall
be apportioned in the following manner:
(1) Fifty percent shall be paid to the office of the city
attorney, district attorney, or Attorney General, whichever office
brought the action.
(2) Fifty percent shall be paid to the agency responsible for the
investigation of the action.
(c) If a reward is paid to a person pursuant to Section 25517, the
amount of the reward shall be deducted from the amount of the
criminal or civil penalty before the amount is apportioned pursuant
to subdivisions (a) and (b).
25515.6. (a) If the unified program agency determines that a
business has engaged in, is engaged in, or is about to engage in acts
or practices that constitute or will constitute a violation of this
article or a regulation or order adopted or issued pursuant to this
article, and when requested by the unified program agency, the city
attorney of the city or the district attorney of the county in which
those acts or practices have occurred, are occurring, or will occur
shall apply to the superior court for an order enjoining the acts or
practices for an order directing compliance, and, upon a showing that
the person or business has engaged in, is engaged in, or is about to
engage in the acts or practices, a permanent or temporary
injunction, restraining order, or other appropriate order may be
granted.
(b) This section does not prohibit a city attorney or district
attorney from seeking the same relief upon the city attorney's or
district attorney's own motion.
25515.7. Every civil action brought under this article or Article
2 (commencing with Section 25531) shall be brought by the city
attorney, district attorney, or Attorney General in the name of the
people of the State of California, and any actions relating to the
same violation may be joined or consolidated.
25515.8. (a) In a civil action brought pursuant to this article
or Article 2 (commencing with Section 25531) in which a temporary
restraining order, preliminary injunction, or permanent injunction is
sought, it is not necessary to allege or prove at any stage of the
proceeding any of the following:
(1) Irreparable damage will occur should the temporary restraining
order, preliminary injunction, or permanent injunction not be
issued.
(2) The remedy at law is inadequate.
(b) The court shall issue a temporary restraining order,
preliminary injunction, or permanent injunction in a civil action
brought pursuant to this article or Article 2 (commencing with
Section 25531) without the allegations and without the proof
specified in subdivision (a).
25516. (a) A person who provides information that materially
contributes to the imposition of a civil penalty, whether by
settlement or court order, under Section 25515 or 25515.2, as
determined by the city attorney, district attorney, or the Attorney
General filing the action, shall be paid a reward by the unified
program agency or the state equal to 10 percent of the amount of the
civil penalty collected. The reward shall be paid from the amount of
the civil penalty collected. No reward paid pursuant to this
subdivision shall exceed five thousand dollars ($5,000).
(b) A person who provides information that materially contributes
to the conviction of a person or business under Section 25515.1 or
25515.3, as determined by the city attorney, district attorney, or
the Attorney General filing the action, shall be paid a reward by the
unified program agency or the state equal to 10 percent of the
amount of the fine collected. The reward shall be paid from the
amount of the fine collected. No reward paid pursuant to this
subdivision shall exceed five thousand dollars ($5,000).
(c) An informant shall not be eligible for a reward for a
violation known to the unified program agency, unless the information
materially contributes to the imposition of criminal or civil
penalties for a violation specified in this section.
(d) If there is more than one informant for a single violation,
the person making the first notification received by the office which
brought the action shall be eligible for the reward, except that, if
the notifications are postmarked on the same day or telephoned
notifications are received on the same day, the reward shall be
divided equally among those informants.
(e) Public officers and employees of the United States, the State
of California, or counties and cities in this state are not eligible
for the reward pursuant to subdivision (a) or (b), unless the
providing of the information does not relate in any manner to their
responsibilities as public officers or employees.
(f) An informant who is an employee of a business and who provides
information that the business has violated this chapter is not
eligible for a reward if the employee intentionally or negligently
caused the violation or if the employee's primary and regular
responsibilities included investigating the violation, unless the
business knowingly caused the violation.
(g) The unified program agency or the state shall pay rewards
under this section pursuant to the following procedures:
(1) An application shall be signed by the informant and presented
to the unified program agency or the state within 60 days after a
final judgment has been entered or the period for an appeal of a
judgment has expired.
(2) The determination by the district attorney, city attorney, or
Attorney General as to whether the information provided by the
applicant materially contributed to the imposition of a judgment
under Section 25515.1 or 25515.3 shall be final.
(3) The unified program agency or the state shall notify the
applicant in writing of its decision to grant or deny a reward within
a reasonable time period following the filing of an application.
(4) Approved reward claims shall be paid by the unified program
agency or the state within 30 days of the collection and deposit of
the penalties specified in subdivisions (a) and (b).
(h) The names of reward applicants or informants shall not be
disclosed by the unified program agency or the state unless the names
are otherwise publicly disclosed as part of a judicial proceeding.
(i) Notwithstanding any other provision of this section, rewards
paid by the state shall only be paid after appropriation by the
Legislature.
25517. The office may develop materials, including guidelines and
informational pamphlets, to assist businesses to fulfill their
obligations under this article.
25518. This article shall be construed liberally so as to
accomplish the intent of the Legislature in protecting the public
health, safety, and the environment.
25519. If any provision of this article or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of this
article that can be given effect without the invalid provision or
application, and to that end the provisions of this article are
severable.
SEC. 5. SEC. 4. Section 25532 of the
Health and Safety Code is amended to read:
25532. Unless the context indicates otherwise, the following
definitions govern the construction of this article:
(a) "Accidental release" means an unanticipated emission of a
regulated substance or other extremely hazardous substance into the
ambient air from a stationary source.
(b) "Administering agency" means a unified program agency as
defined in Section 25501.
(c) "Covered process" means a process that has a regulated
substance present in more than a threshold quantity.
(d) "Modified stationary source" means an addition or change to a
stationary source that qualifies as a "major change," as defined in
Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C
of Chapter I of Title 40 of the Code of Federal Regulations.
"Modified stationary source" does not include an increase in
production up to the source's existing operational capacity or an
increase in production level, up to the production levels authorized
in a permit granted pursuant to Section 42300.
(e) "Office" or "agency" means the Office of Emergency Services.
(e)
( f) "Person" means an individual, trust,
firm, joint stock company, business concern, partnership, limited
liability company, association, or corporation, including, but not
limited to, a government corporation. "Person" also includes any
city, county, city and county, district, commission, the state or any
department, agency or political subdivision thereof, any interstate
body, and the federal government or any department or agency thereof
to the extent permitted by law.
(f)
( g) "Process" means any activity involving
a regulated substance, including any use, storage, manufacturing,
handling, or onsite movement of the regulated substance or any
combination of these activities. For the purposes of this definition,
any group of vessels that are interconnected, or separate vessels
that are located so that a regulated substance could be involved in a
potential release, shall be considered a single process.
(g)
( h) "Qualified person" means a person who
is qualified to attest, at a minimum, to the completeness of an RMP.
(h)
( i) "Regulated substance" means any
substance that is either of the following:
(1) A regulated substance listed in Section 68.130 of Title 40 of
the Code of Federal Regulations pursuant to paragraph (3) of
subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Sec.
7412(r)(3)).
(2) (A) An extremely hazardous substance listed in Appendix A of
Part 355 (commencing with Section 355.10) of Subchapter J of Chapter
I of Title 40 of the Code of Federal Regulations that is any of the
following:
(i) A gas at standard temperature and pressure.
(ii) A liquid with a vapor pressure at standard temperature and
pressure equal to or greater than 10 millimeters mercury.
(iii) A solid that is one of the following:
(I) In solution or in molten form.
(II) In powder form with a particle size less than 100 microns.
(III) Reactive with a National Fire Protection Association rating
of 2, 3, or 4.
(iv) A substance that the office determines may pose a regulated
substances accident risk pursuant to subclause (II) of clause (i) of
subparagraph (B) or pursuant to Section 25543.3.
(B) (i) On or before June 30, 1997, the office shall, in
consultation with the Office of Environmental Health Hazard
Assessment, determine which of the extremely hazardous substances
listed in Appendix A of Part 355 (commencing with Section 355.10) of
Subchapter J of Chapter I of Title 40 of the Code of Federal
Regulations do either of the following:
(I) Meet one or more of the criteria specified in clauses (i),
(ii), or (iii) of subparagraph (A).
(II) May pose a regulated substances accident risk, in
consideration of the factors specified in subdivision (g) of Section
25543.1, and, therefore, should remain on the list of regulated
substances until completion of the review conducted pursuant to
subdivision (a) of Section 25543.3.
(ii) The office shall adopt, by regulation, a list of the
extremely hazardous substances identified pursuant to clause (i).
Extremely hazardous substances placed on the list are regulated
substances for the purposes of this article. Until the list is
adopted, the administering agency shall determine which extremely
hazardous substances should remain on the list of regulated
substances pursuant to the standards specified in clause (i).
(i)
( j) "Regulated substances accident risk"
means a potential for the accidental release of a regulated substance
into the environment that could produce a significant likelihood
that persons exposed may suffer acute health effects resulting in
significant injury or death.
(j)
( k) "RMP" means the risk management plan
required under Part 68 (commencing with Section 68.1) of Subchapter C
of Chapter I of Title 40 of the Code of Federal Regulations and by
this article.
(k)
( l) "State threshold quantity" means the
quantity of a regulated substance described in subparagraph (A) of
paragraph (2) of subdivision (g), as adopted by the office pursuant
to Section 25543.1 or 25543.3. Until the office adopts a state
threshold quantity for a regulated substance, the state threshold
quantity shall be the threshold planning quantity for the regulated
substance specified in Appendix A of Part 355 (commencing with
Section 355.10) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations.
( l )
(m) "Stationary source" means any stationary source, as
defined in Section 68.3 of Title 40 of the Code of Federal
Regulations.
(m)
(n) "Threshold quantity" means the quantity of a
regulated substance that is determined to be present at a stationary
source in the manner specified in Section 68.115 of Title 40 of the
Code of Federal Regulations and that is the lesser of either of the
following:
(1) The threshold quantity for the regulated substance specified
in Section 68.130 of Title 40 of the Code of Federal Regulations.
(2) The state threshold quantity.
SEC. 6. SEC. 5. Section 25535.2 of
the Health and Safety Code is amended to read:
25535.2. Within 15 days after the administering agency determines
that an RMP is complete, the unified program agency shall make the
RMP available to the public for review and comment for a period of at
least 45 days. A notice briefly describing and stating that the RMP
is available for public review at a certain location shall be placed
in a daily local newspaper or placed on an administering agency's
Internet Web site, and mailed to interested persons and
organizations. The administering agency shall review the RMP, and any
comments received, following the regulations adopted pursuant to
subdivision (a) of Section 25534.05.
SEC. 7. SEC. 6. Section 25536 of the
Health and Safety Code is amended to read:
25536. (a) A person or a stationary source with one or more
covered processes shall comply with the requirements of this article
no later than the latest date specified in Subpart A (commencing with
Section 68.1) of Part 68 of Subchapter C of Chapter 7 of Title 40 of
the Code of Federal Regulations.
(b) If the administering agency makes a determination pursuant to
Section 25534 that a person or stationary source is required to
prepare and submit an RMP, the person or stationary source shall
submit the RMP in accordance with a schedule established by the
administering agency after consultation with the stationary source.
The administering agency shall not require an RMP to be submitted
earlier than 12 months or later than three years after the owner or
operator has received a notice of that determination from the
administering agency.
SEC. 8. SEC. 7. Section 25536.5 of
the Health and Safety Code is amended to read:
25536.5. (a) A person or a stationary source that was required to
prepare, submit, and implement a risk management and prevention
program pursuant to this article as it read on December 31, 1996, and
which is required to prepare and submit an RMP pursuant to this
article, shall continue to implement the risk management and
prevention program until the business has submitted an RMP as
specified in this article.
(b) A person or a stationary source that was required to prepare,
submit, and implement a risk management and prevention program
pursuant to this article as it read on December 31, 1996, and which
is not required to prepare an RMP pursuant to this article is
required to comply only with those requirements of this chapter that
apply to the business.
(c) A person or a stationary source that was not required to
prepare, submit, and implement a risk management and prevention
program pursuant to this article as it read on December 31, 1996, but
which is required to prepare and submit an RMP pursuant to this
article, shall submit and implement an RMP not
later than the deadlines specified in Subpart A
(commencing with Section 68.1) of Part 68 of Subchapter C of Chapter
7 of Title 40 of the Code of Federal Regulations.
SEC. 9. SEC. 8. Section 25540 of the
Health and Safety Code is amended to read:
25540. (a) Any person or stationary source that violates this
article shall be civilly or administratively liable to the unified
program agency in an amount of not more than two thousand dollars
($2,000) for each day in which the violation occurs. If the violation
results in, or significantly contributes to, an emergency, including
a fire, the person or stationary source shall also be assessed the
full cost of the county or city emergency response, as well as the
cost of cleaning up and disposing of the hazardous materials.
(b) Any person or stationary source that knowingly violates this
article after reasonable notice of the violation shall be civilly or
administratively liable to the unified program agency in a
an amount not to exceed twenty-five thousand
dollars ($25,000) for each day in which the violation occurs. If the
violation results in, or significantly contributes to, an emergency,
including a fire, the person or stationary source shall also be
assessed the full cost of the county or city emergency response, as
well as the cost of cleaning up and disposing of any hazardous
materials.
(c) When a unified program agency issues an enforcement order or
assesses an administrative penalty, or both, for a violation of this
article, the unified program agency shall utilize the administrative
enforcement procedures, including the hearing procedures, specified
in Sections 25404.1.1 and 25404.1.2.
SEC. 9. The Legislature finds and declares that
the provisions of Article 1 (commencing with Section 25500) of
Chapter 6.95 of Division 20 of the Health and Safety Code, as added
by Section 3 of this act, conform to the changes in the law proposed
by Assembly Bill 1317 and made by the Governor's Reorganization Plan
No. 2, that was effective July 3, 2012, and operative July 1, 2013.
SEC. 10. Section 1.5 of this bill incorporates
amendments to Section 13143.9 of the Health and Safety Code proposed
by this bill and Assembly Bill 1317. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2014, (2) each bill amends Section 13143.9 of the Health
and Safety Code, and (3) this bill is enacted after Assembly Bill
1317, in which case Section 13143.9 of the Health and Safety Code, as
amended by Assembly Bill 1317, shall remain operative only until the
operative date of this bill, at which time Section 1.5 of this bill
shall become operative, and Section 1 of this bill shall not become
operative.
SEC. 10. SEC. 11. No
reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because a local agency
or school district has the authority to levy service charges, fees,
or assessments sufficient to pay for the program or level of service
mandated by this act or because costs that may be incurred by a local
agency or school district will be incurred because this act creates
a new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.