BILL NUMBER: SB 1261 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Jackson
FEBRUARY 21, 2014
An act to amend Sections 25404.5, 25501, 25502,
25503, 25504, 25505, 25507, 25507.1, 25507.2, 25508, 25508.1,
25508.2, 25509, 25510, 25510.3, 25511, 25512, and
25515.5 of, and to repeal and add Section 25506 of, the Health and
Safety Code, relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 1261, as amended, Jackson. Hazardous materials: business plans.
(1) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program, including a statewide
information management system for purposes of receiving data
collected by unified program agencies. A city or local agency that
meets specified requirements is authorized to apply to the secretary
to implement the unified program and be certified as a certified
unified program agency (CUPA), and every county is required to apply
to the secretary to be certified to implement the unified program.
Existing law also requires each certified unified program
agency to institute a single fee system, which is required to include
a surcharge on each person regulated by the unified program, the
amount of which is determined by the secretary annually, to cover the
necessary and reasonable costs of the state agencies in carrying out
their responsibilities in the unified hazardous waste and hazardous
materials management regulatory program.
This bill would require the secretary, on and after January 1,
2015, until January 1, 2018, to increase this surcharge by the amount
that the secretary determines necessary to establish an emergency
business plan and inventory system for the purpose of sharing
information from the statewide information management system with
emergency response personnel for use during emergency incidents,
which the secretary and the Office of Emergency Services would be
required to develop. The bill would prohibit the increase in the
oversight surcharge from exceeding $15 in any one year over that
3-year period.
(2) Existing
Existing law requires the unified program agency to
implement and enforce provisions that require a business that handles
a hazardous material to establish and implement a business plan,
including an inventory of specified information for response to a
release or threatened release of a hazardous material. The annual
inventory submittal is required to contain information on specified
hazardous materials that are handled in quantities equal to or
greater than certain quantities or as established by the governing
body of the unified program agency by a local ordinance. A violation
of the business plan requirements is a misdemeanor.
This bill would instead require the secretary, in coordination
with the office, Office of Emergency
Services, to specify the hazardous materials inventory required
to be submitted by handlers, including the data to be collected and
submitted for hazardous materials. The bill would revise the
information required to be included in the business plan.
(3)
(2) Existing law requires a unified program agency to
exempt a business operating an unstaffed remote facility located in
an isolated sparsely populated area from specified business plan
requirements. Existing law allows a unified program agency to require
an unstaffed remote facility to submit a hazardous materials
business plan and inventory in accordance with requirements if the
agency makes specified findings.
This bill would instead require the unified program agency to
exempt from specified requirements an unstaffed facility located at
least one-half mile from the nearest occupied structure, unless
required by a local ordinance. The bill would require the facility to
make a one-time business plan submittal that would not be required
to include specified elements of the plan and would repeal the
authorization for the unified program agency to require an unstaffed
remote facility to submit a plan and inventory.
(4)
(3) Existing law requires a handler to electronically
submit its business plan to the statewide information management
system, to renew the plan at least once every 3 years to determine if
a revision is needed, and to certify to the unified program agency
that the review was made and that any necessary changes were made to
the plan. A handler is also required to annually review the business
plan information and resubmit or certify as correct the inventory
information in the statewide environmental reporting system.
This bill would instead require the handler to submit the business
plan annually to that system, and would instead require a business
to at least annually review and verify that the business plan
information in the statewide information management system meets
specified requirements.
(5)
(4) Existing law requires the unified program agency to
make the data elements and documents submitted by businesses
available to the public in a specified manner.
This bill would instead require the unified program agency to make
the information in the statewide information management system
available to the public.
(6)
(5) Existing law requires the immediate report of any
release or threatened release of a hazardous material to the unified
program agency, and to the office, in accordance with the regulations
adopted by the office.
This bill would require the office to adopt regulations by January
1, 2016, to implement these requirements.
(7) Existing law requires a business that believes that the
inventory involves the release of a trade secret, to provide this
information to the unified program agency, and notify the unified
program agency in writing of that belief on the inventory form. Upon
receiving a request for the public release of information that the
business has notified the unified program agency is a trade secret,
the unified program agency is required to follow a specified
procedure.
This bill would instead require a business that believes the
inventory involves the release of a trade secret to instead comply
with the regulations that the bill would require the California
Environmental Protection Agency to adopt by January 1, 2016, with
regard to the designation of trade secrets.
(8)
(6) The bill would impose a state-mandated local
program by imposing new duties upon unified program agencies and by
creating new crimes with regard to the submission of business plans.
(9)
(7) 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 25404.5 of the Health and
Safety Code is amended to read:
25404.5. (a) (1) Each certified unified program agency shall
institute a single fee system, which shall replace the fees levied
pursuant to Sections 25201.14 and 25205.14, except for transportable
treatment units permitted under Section 25200.2, and which shall also
replace any fees levied by a local agency pursuant to Sections
25143.10, 25287, 25513, and 25535.5, or any other fee levied by a
local agency specifically to fund the implementation of the
provisions specified in subdivision (c) of Section 25404. The single
fee system shall additionally include the fee established pursuant to
Section 25270.6. Notwithstanding Sections 25143.10, 25201.14, 25287,
25513, and 25535.5, a person who complies with the certified unified
program agency's "single fee system" fee shall not be required to
pay any fee levied pursuant to those sections, except for
transportable treatment units permitted under Section 25200.2.
(2) (A) The governing body of the local certified unified program
agency shall establish the amount to be paid by each person regulated
by the unified program under the single fee system at a level
sufficient to pay the necessary and reasonable costs incurred by the
certified unified program agency and by any participating agency
pursuant to the requirements of subparagraph (E) of paragraph (1) of
subdivision (d) of Section 25404.3.
(B) The secretary shall establish the amount to be paid when the
unified program agency is a state agency.
(3) The fee system may also be designed to recover the necessary
and reasonable costs incurred by the certified unified program
agency, or a participating agency pursuant to the requirements of
subparagraph (E) of paragraph (1) of subdivision (d) of Section
25404.3, in administering provisions other than those specified in
subdivision (c) of Section 25404, if the implementation and
enforcement of those provisions has been incorporated as part of the
unified program by the certified unified program agency pursuant to
subdivision (d) of Section 25404.2, and if the single fee system
replaces any fees levied as of January 1, 1994, to fund the
implementation of those additional provisions.
(4) The amount to be paid by a person regulated by the unified
program may be adjusted to account for the differing costs of
administering the unified program with respect to that person's
regulated activities.
(b) (1) (A) Except as provided in subdivision (d), the single fee
system instituted by each certified unified program agency shall
include an assessment on each person regulated by the unified program
of a surcharge, the amount of which shall be determined by the
secretary annually, to cover the necessary and reasonable costs of
the state agencies in carrying out their responsibilities under this
chapter. The secretary may adjust the amount of the surcharge to be
collected by different certified unified program agencies to reflect
the different costs incurred by the state agencies in supervising the
implementation of the unified program in different jurisdictions,
and in supervising the implementation of the unified program in those
jurisdictions for which the secretary has waived the assessment of
the surcharge pursuant to subdivision (d). The certified unified
program agency may itemize the amount of the surcharge on any bill,
invoice, or return that the agency sends to a person regulated by the
unified program. Each certified unified program agency shall
transmit all surcharge revenues collected to the secretary on a
quarterly basis. The surcharge shall be deposited in the Unified
Program Account, which is hereby created in the General Fund and
which may be expended, upon appropriation by the Legislature, by
state agencies for the purposes of implementing this chapter.
(B) On and after January 1, 2015, until January 1, 2018, the
secretary shall increase the surcharge imposed pursuant to this
subdivision by the amount that the secretary determines necessary to
meet the requirements imposed by subdivision (c) of Section 25504.
The increase in the oversight surcharge shall not exceed fifteen
dollars ($15) in any one year over that three-year period beginning
January 2015. The secretary shall thereafter maintain the emergency
business plan and inventory system for emergency response personnel,
using the surcharge the secretary is authorized to impose pursuant to
this section.
(2) On or before January 10, 2001, the secretary shall report to
the Legislature on whether the number of persons subject to
regulation by the unified program in any county is insufficient to
support the reasonable and necessary cost of operating the unified
program using only the revenues from the fee. The secretary's report
shall consider whether the surcharge required by subdivision (a)
should include an assessment to be used to supplement the funding of
unified program agencies that have a limited number of entities
regulated under the unified program.
(c) Each certified unified program agency and the secretary shall,
before the institution of the single fee system and the assessment
of the surcharge, implement a fee accountability program designed to
encourage more efficient and cost-effective operation of the program
for which the single fee and surcharge are assessed. The fee
accountability programs shall include those elements of the
requirements of the plan adopted pursuant to former Section 25206, as
it read on January 1, 1995, that the secretary determines are
appropriate.
(d) The secretary may waive the requirement for a county to assess
a surcharge pursuant to subdivision (b), if both of the following
conditions apply:
(1) The county meets all of the following conditions:
(A) The county submits an application to the secretary for
certification on or before January 1, 1996, that incorporates all of
the requirements of this chapter, and includes the county's request
for a waiver of the surcharge, and contains documentation that
demonstrates, to the satisfaction of the secretary, both of the
following:
(i) That the assessment of the surcharge will impose a significant
economic burden on most businesses within the county.
(ii) That the combined dollar amount of the surcharge and the
single fee system to be assessed by the county pursuant to
subdivision (a) exceeds the combined dollar amount of all existing
fees that are replaced by the single fee system for most businesses
within the county.
(B) The application for certification, including the information
required by subparagraph (A), is determined by the secretary to be
complete, on or before April 30, 1996. The secretary, for good cause,
may grant an extension of that deadline of up to 90 days.
(C) The county is certified by the secretary on or before December
31, 1996.
(D) On or before January 1, 1994, the county completed the
consolidation of the administration of the hazardous waste generator
program, the hazardous materials release response plans and
inventories program, and the underground storage tank program,
referenced in paragraphs (1), (3), and (4) of subdivision (c) of
Section 25404, into a single program within the county's
jurisdiction.
(E) The county demonstrates that it will consolidate the
administration of all programs specified in subdivision (c) of
Section 25404, and that it will also consolidate the administration
of at least one additional program that regulates hazardous waste,
hazardous substances, or hazardous materials, as specified in
subdivision (d) of Section 25404.2, other than the programs specified
in subdivision (c) of Section 25404, into a single program to be
administered by a single agency in the county's jurisdiction at the
time that the county's certification by the secretary becomes
effective.
(2) The secretary makes all of the following findings:
(A) The county meets all of the criteria specified in paragraph
(1).
(B) The assessment of the surcharge would impose a significant
economic burden on most businesses within the county.
(C) The combined dollar amount of the surcharge and the single fee
system to be assessed by the county pursuant to subdivision (a)
would exceed the combined dollar amount of all existing fees that are
replaced by the single fee system for most businesses within the
county.
(D) The waiver of the surcharge for those counties applying for
and qualifying for a waiver, and the resulting increase in the
surcharge for other counties, would not, when considered
cumulatively, impose a significant economic burden on businesses in
any other county that does not apply for, or does not meet the
criteria for, a waiver of the surcharge.
(e) The secretary shall review all of the requests for a waiver of
the surcharge made pursuant to subdivision (d) simultaneously, so as
to adequately assess the cumulative impact of granting the requested
waivers on businesses in those counties that have not applied, or do
not qualify, for a waiver, and shall grant or deny all requests for
a waiver of the surcharge within 30 days from the date that the
secretary certifies all counties applying, and qualifying, for a
waiver. If the secretary finds that the grant of a waiver of the
surcharge for all counties applying and qualifying for the waiver
will impose a significant economic burden on businesses in one or
more other counties, the secretary shall take either of the following
actions:
(1) Deny all of the applications for a waiver of the surcharge.
(2) Approve only a portion of the waiver requests for counties
meeting the criteria set forth in subdivision (d), to the extent that
the approved waivers, when taken as a whole, meet the condition
specified in subparagraph (D) of paragraph (2) of subdivision (d). In
determining which of the counties' waiver requests to grant, the
secretary shall consider all of the following factors:
(A) The relative degree to which the assessment of the surcharge
will impose a significant economic burden on most businesses within
each county applying and qualifying for a waiver.
(B) The relative degree to which the combined dollar amount of the
surcharge and the single fee system to be assessed, pursuant to
subdivision (a), by each county applying and qualifying for a waiver
exceeds the combined dollar amount of all existing fees that are
replaced by the single fee system for most businesses within the
county.
(C) The relative extent to which each county applying and
qualifying for a waiver has incorporated, or will incorporate, upon
certification, additional programs pursuant to subdivision (d) of
Section 25404.2, into the unified program within the county's
jurisdiction.
(f) The secretary may, at any time, terminate a county's waiver of
the surcharge granted pursuant to subdivisions (d) and (e) if the
secretary determines that the criteria specified in subdivision (d)
for the grant of a waiver are no longer met.
SEC. 2. SECTION 1. Section 25501 of
the Health and Safety Code is amended to read:
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, limited liability
partnership or company, or other business entity.
(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.
(6) A handler that operates a unified program facility.
(d) "Business plan" means a separate plan for each unified program
facility, site, or branch of a business that meets the requirements
of Section 25505.
(e) (1) "Certified unified program agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(2) "Participating agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement or
enforce one or more of the unified program elements specified in
paragraphs (4) and (5) of subdivision (c) of Section 25404, in
accordance with Sections 25404.1 and 25404.2.
(3) "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 response 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, who is responsible for
response, mitigation, or recovery activities in a medical disaster,
fire, hazardous material disaster, or natural disaster where public
health, public safety, or the environment may be impacted.
(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) (1) "Hazardous material" means a material listed in paragraph
(2) 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.
(2) Hazardous materials include all of the following:
(A) A substance for which 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.
(B) 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.
(C) A substance listed pursuant to Title 49 of the Code of Federal
Regulations.
(D) A substance listed in Section 339 of Title 8 of the California
Code of Regulations.
(E) A material listed as a hazardous waste, as defined by Sections
25115, 25117, and 25316.
(n) "Office" means the Office of Emergency Services.
(o) "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.
(p) "Secretary" means the Secretary for Environmental Protection.
(q) "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.
(r) "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.
(s) "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.
(t) "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. For purposes of this article,
"facility" has the same meaning as unified program facility.
SEC. 3. SEC. 2. Section 25502 of the
Health and Safety Code is amended to read:
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 response
personnel and other appropriate governmental entities within its
jurisdiction.
SEC. 4. SEC. 3. Section 25503 of the
Health and Safety Code is amended to read:
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 response 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.
SEC. 5. SEC. 4. Section 25504 of the
Health and Safety Code is amended to read:
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 emergency response personnel. The secretary and the
office, in consultation
with the State Fire Marshal, shall develop an emergency business plan
and inventory system to provide this information in an electronic
format usable by emergency response personnel. In addition to any
funding that becomes available, the secretary shall implement this
system using the surcharge imposed pursuant to subparagraph (B) of
paragraph (1) of subdivision (b) of Section 25404.5.
(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 inventory of information required by 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.
SEC. 6. SEC. 5. Section 25505 of the
Health and Safety Code is amended to read:
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 and shall be subject to trade secret
protection specified in Section 25512. The unified program agency
shall notify the secretary within 30 days after those requirements
are adopted.
(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, 2017.
(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 contacts to the appropriate local
emergency response 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).
(c) The emergency response plans and procedures, the inventory of
information required by this article, and the site map required by
this section shall be readily available to personnel of the business
or the unified program facility with responsibilities for emergency
response or training pursuant to this section.
SEC. 7. SEC. 6. Section 25506 of the
Health and Safety Code is repealed.
SEC. 8. SEC. 7. Section 25506 is
added to the Health and Safety Code, to read:
25506. (a) The secretary, in coordination with the office, shall
specify the hazardous materials inventory that shall be submitted by
handlers and the data to be collected and submitted for hazardous
materials in quantities equal to or greater than the quantities
specified in Section 25507 or as otherwise established by the
governing body of the unified program agency by a local ordinance.
(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 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.
SEC. 9. SEC. 8. Section 25507 of the
Health and Safety Code is amended to read:
25507. (a) Except as provided in this article, a facility 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 facility meets any of the following conditions:
(1) (A) The facility 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, as defined in subdivision (i) of
Section 25505. 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.
(B) For the purpose of this section, for compressed gases, if a
hazardous material or mixture is determined to exceed threshold
quantities at standard temperature and pressure, it shall be reported
in the physical state at which it is stored. If the material is an
extremely hazardous substance, as defined in Section 355.61 of Title
40 of the Code of Federal Regulations, all amounts shall be reported
in pounds.
(2) The business is required to submit chemical inventory
information pursuant to Section 11022 of Title 42 of the United
States Code.
(3) The facility 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) The facility 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.
(5) The facility handles at any one time during the reporting year
cryogenic, refrigerated, or compressed gas in a quantity of 1,000
cubic feet or more at standard temperature and pressure, if the gas
is any of the following:
(A) Classified as a hazard for the purposes of Section 5194 of
Title 8 of the California Code of Regulations only for hazards due to
simple asphyxiation or the release of pressure.
(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a
physician, dentist, podiatrist, veterinarian, pharmacist, or
emergency medical service provider at his or her place of business.
(C) Carbon dioxide.
(D) Refrigerant gases other than ammonia in a closed cooling
system used for air-conditioning and refrigeration.
(E) Gases used in closed fire suppression systems.
(6) The facility 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 facility 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) Compressed air in cylinders, bottles, and tanks used by fire
departments and other emergency response organizations for the
purpose of emergency response and safety are exempt from this
article.
(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) Both of the following are exempt from this section and
Sections 25506 and 25508 if the aggregate storage capacity of oil at
the facility is less than 1,320 gallons:
(1) Fluid in a hydraulic system.
(2) Oil-filled electrical equipment that is not contiguous to an
electric facility.
(e) Hazardous material contained solely in a consumer product,
found in a retail establishment and intended for sale to, and for the
use by, the public, is exempt from the business plan requirements of
this article.
(f) 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 employee work areas, and heating water, within that business,
is exempt from this section, 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.
(g) In addition to the authority specified in subdivision (i), the
governing body of the unified program agency may, in exceptional
circumstances, following notice and public hearing, exempt a
hazardous material specified in subdivision (m) of Section 25501 from
Section 25506, if it is found that the hazardous material would not
pose a present or potential danger to the environment or to human
health and safety if the hazardous material 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.
(h) 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 response
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.
(i) 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.
(j) The unified program agency shall adopt procedures to provide
for public input when approving applications submitted pursuant to
subdivisions (h) and (i).
SEC. 10. SEC. 9. Section 25507.1 of
the Health and Safety Code is amended to read:
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 facility
information and inventory required by Section 25506 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.
SEC. 11. SEC. 10. Section 25507.2 of
the Health and Safety Code is amended to read:
25507.2. Unless required by a local ordinance, the unified
program agency shall exempt an unstaffed facility located at least
one-half mile from the nearest occupied structure from Sections
25508.2 and 25511, and shall subject the facility to Sections 25505,
25506, and 25507 only as specified in this section, if the facility
is not otherwise subject to the requirements of applicable federal
law, and all of the following requirements are met:
(a) The types and quantities of materials onsite are limited to
one or more of the following:
(1) One thousand standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
(2) Five hundred gallons of combustible liquid used as a fuel
source.
(3) Corrosive liquids, not to exceed 500 pounds of extremely
hazardous substances, used as electrolytes, and in closed containers.
(4) Five hundred gallons of lubricating and hydraulic fluids.
(5) One thousand two hundred gallons of hydrocarbon gas used as a
fuel source.
(6) 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.
(b) The facility is secured and not accessible to the public.
(c) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
(d) (1) Notwithstanding Sections 25505 and 25507, a one-time
business plan, except for the emergency response plan and training
elements specified in paragraphs (3) and (4) of subdivision (a) of
Section 25505, is submitted to the statewide information management
system. This one-time business plan submittal is subject to a
verification inspection by the unified program agency and the unified
program agency may assess a fee not to exceed the actual costs of
processing and for inspection, if an inspection is conducted.
(2) If the information contained in the one-time submittal of the
business plan changes and the time period of the change is longer
than 30 days, the business plan shall be resubmitted within 30 days
to the statewide information management system to reflect any change
in the business plan. A fee not to exceed the actual costs of
processing and inspection, if conducted, may be assessed by the
unified program agency.
(e) The unified program agency shall provide all information
obtained from completed inventory forms, upon request, to emergency
response personnel on a 24-hour basis.
SEC. 12. SEC. 11. Section 25508 of
the Health and Safety Code is amended to read:
25508. (a) (1) A handler shall electronically submit its business
plan annually 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 administrative, 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) Except as required by paragraph (1) of subdivision (a) of
Section 65850.2 of the Government Code, 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).
SEC. 13. SEC. 12. Section 25508.1 of
the Health and Safety Code is amended to read:
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
response 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.
SEC. 14. SEC. 13. Section 25508.2 of
the Health and Safety Code is amended to read:
25508.2. At least once every 12 months, the business owner,
operator, or officially designated representative shall review, and
verify that the information in the business plan submitted pursuant
to Section 25508 in the statewide information management system is
complete, accurate, up to date, and in compliance with Section 11022
of Title 42 of the United States Code. The annual electronic
submittal to the statewide information management system required
pursuant to Section 25508 satisfies this section.
SEC. 15. SEC. 14. Section 25509 of
the Health and Safety Code is amended to read:
25509. (a) The unified program agency shall maintain 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.
(b) The unified program agency shall make the information in the
statewide information management system submitted pursuant to this
article available for public inspection during the regular working
hours of the unified program agency, except the information
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.
(c) The unified program agency shall make the information in the
statewide information management system submitted pursuant to this
article available to a requesting government agency that is
authorized by law to access the information.
(d) 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 local emergency planning committees established pursuant to
Section 11001 of Title 42 of the United States Code.
SEC. 16. SEC. 15. Section 25510 of
the Health and Safety Code is amended to read:
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 response 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.
(c) On or before January 1, 2016, the office shall adopt
regulations to implement this section. In developing these
regulations, the office shall closely consult with representatives
from regulated entities, appropriate trade associations, fire service
organizations, federal, state, and local organizations, including
unified program agencies, and other interested parties.
(d) The unified program agency shall maintain one or more
nonemergency contact numbers for release reports that do not require
immediate agency response. The unified program agency shall promptly
communicate changes to this information to regulated facilities and
to the office.
SEC. 17. SEC. 16. Section 25510.3 of
the Health and Safety Code is amended to read:
25510.3. The emergency response 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.
SEC. 18. SEC. 17. Section 25511 of
the Health and Safety Code is amended to read:
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) Pursuant to a written agreement, the unified program agency
may designate the county agricultural commissioner to conduct the
inspection of agricultural handlers for purposes of Section 25507.1.
The agreement shall address the inspection, reporting, training,
enforcement and cost recovery requirements to conduct the inspection
of agricultural handlers. If designated, the agricultural
commissioner shall schedule and conduct inspections in accordance
with this section.
SEC. 19. Section 25512 of the Health and Safety
Code is amended to read:
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 comply with the regulations adopted by the California
Environmental Protection Agency pursuant to this section.
(2) On or before January 1, 2016, the California Environmental
Protection Agency, in consultation with the office, shall adopt
regulations for a business to designate information as a trade
secret.
(3) Subject to subdivisions (d) and (e), the unified program
agency shall protect from disclosure any information designated as a
trade secret by the business, as provided in the regulations adopted
pursuant to paragraph (2).
(c) (1) Upon the receipt of a request for the release of
information to the public that includes information that the business
has designated as a trade secret pursuant to the regulations adopted
by the California Environmental Protection Agency pursuant to
paragraph (2) 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 article to the
statewide information management system using the regulations adopted
by the California Environmental Protection Agency pursuant to
subdivision (b).
(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.
SEC. 20. SEC. 18. Section 25515.5 of
the Health and Safety Code is amended to read:
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 25516, 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).
SEC. 21. SEC. 19. 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.