BILL NUMBER: AB 273	CHAPTERED
	BILL TEXT

	CHAPTER  456
	FILED WITH SECRETARY OF STATE  OCTOBER 2, 2015
	APPROVED BY GOVERNOR  OCTOBER 2, 2015
	PASSED THE SENATE  AUGUST 31, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2015
	AMENDED IN SENATE  JULY 8, 2015
	AMENDED IN SENATE  JUNE 2, 2015

INTRODUCED BY   Committee on Environmental Safety and Toxic Materials
(Assembly Members Alejo (Chair), Dahle (Vice Chair), Gonzalez,
McCarty, and Ting)

                        FEBRUARY 11, 2015

   An act to amend Sections 25187.2, 25360, and 25360.1 of the Health
and Safety Code, relating to hazardous waste and substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 273, Committee on Environmental Safety and Toxic Materials.
Hazardous waste and substances: corrective action: liability.
   Existing law authorizes the Department of Toxic Substances Control
to issue an order under the hazardous waste control laws requiring
that a violation be corrected and imposing a civil penalty to
specified persons, including a person who has violated various
provisions regulating hazardous waste or provisions concerning
removal and remedial actions for hazardous substance releases. A
person who is issued that order is required to pay for oversight of
the removal or remedial action.
   Existing law, the Carpenter-Presley-Tanner Hazardous Substance
Account Act, authorizes the department to take or oversee removal and
remedial actions related to the release of hazardous substances.
Existing law authorizes the Attorney General to recover from the
liable person, as defined, the costs incurred by the department or a
California regional water quality control board in carrying out the
act and subjects any monetary obligation owed to the department
pursuant to the act or the hazardous waste control laws to a
specified rate of interest earned in the Surplus Money Investment
Fund. Existing law authorizes the department to waive the interest if
the obligation is satisfied within 60 days of the date of the
invoice.
   This bill would explicitly apply each of these provisions
regarding a person's liability for cost recovery to the release of
hazardous waste constituents into the environment. The bill would
also explicitly make the costs of response or corrective action
recoverable.
   The bill would, until June 30, 2021, subject a monetary obligation
owed to the department under the act or these laws to an interest
rate of 7% per annum. After that date, the bill would subject the
monetary obligation to an interest rate of 10% per annum, except
that, in the case of obligations of local governments, the rate after
that date would remain at 7% per annum. The bill would require the
department to waive the interest if the obligation is satisfied
within 60 days or if the person, within 45 days of receiving an
invoice, provides specified notice to the department disputing the
obligation.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25187.2 of the Health and Safety Code is
amended to read:
   25187.2.  If an order or agreement issued by the department
pursuant to Section 25187 to a potentially responsible party requires
a person to take corrective action with respect to a release of
hazardous waste or hazardous waste constituents into the environment,
that person shall pay for the department's costs incurred in
overseeing or carrying out the corrective action.
  SEC. 2.  Section 25360 of the Health and Safety Code is amended to
read:
   25360.  (a) A cost incurred by the department or regional board in
carrying out or overseeing a response or a corrective action under
this chapter or Chapter 6.5 (commencing with Section 25100) shall be
recoverable pursuant to state or federal law by the Attorney General,
upon the request of the department or regional board, from the
liable person or persons. The amount of any response or corrective
action costs that may be recovered pursuant to this section shall
include interest on any amount paid.
   (b) A person who is liable for response or corrective action costs
incurred at a site shall have the liability reduced by any
reimbursements that were paid by that person for that site pursuant
to Section 25343.
   (c) The amount of response or corrective action costs incurred by
the department or regional board shall be recoverable at the
discretion of the department or regional board, either in a separate
action or by way of intervention as of right in an action for
contribution or indemnity. Nothing in this section deprives a party
of any defense that the party may have.
   (d) Moneys recovered by the Attorney General pursuant to this
section shall be deposited in the state account.
  SEC. 3.  Section 25360.1 of the Health and Safety Code is amended
to read:
   25360.1.  (a) Until June 30, 2021, except as provided in
subdivision (b), a monetary obligation to the department pursuant to
Chapter 6.5 (commencing with Section 25100) or this chapter shall be
subject to interest from the date of the demand at an interest rate
of 7 percent per annum. Commencing July 1, 2021, except as provided
in subdivision (b), a monetary obligation to the department pursuant
to Chapter 6.5 (commencing with Section 25100) or this chapter shall
be subject to interest from the date of the demand at an interest
rate of 10 percent per annum, except that, for obligations of local
governments, the interest rate shall be 7 percent per annum.
   (b) The department shall waive the interest described in
subdivision (a) if the obligation is satisfied within 60 days from
the date of invoice. If, within 45 days of receiving an invoice, the
liable person or persons provide written notice to the department in
accordance with its invoice dispute resolution procedures disputing
in good faith the monetary obligation specified in the invoice, or a
portion thereof, the department shall waive the interest until the
dispute is resolved.