BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 273


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          Date of Hearing:  April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          273 (Committee on Environmental Safety) - As Introduced February  
          11, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:   


          SUMMARY:


          This bill modifies provisions relating to the Department of  
          Toxic Substance Control's (DTSC) authority to require corrective  
          actions under hazardous waste control laws.  Specifically, this  








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          bill:  


          1)Requires a person to pay for the oversight of any corrective  
            action required under hazardous waste laws.


          2)Authorizes the Attorney General to recover costs incurred with  
            regard to carrying out or overseeing a removal action,  
            remedial action or a coercive action.


          3)Changes the interest rate on monetary obligations owed to DTSC  
            from the earned investment rate established in the Surplus  
            Money Investment Fund to a 10 percent per annum rate or 7  
            percent per annum for local governments.


          4)Requires rather than allows DTSC to waive the interest if the  
            obligation is paid within 60 days of receipt of the invoice.


          5)Requires DTSC to waive the interest from accruing for up to  
            180 days upon notification from the liable person disputing  
            all or a portion of the invoice.


          FISCAL EFFECT:


          1)Potential increased revenues to the Toxic Substance Control  
            Account (TSCA) of up to $3 million.   This figure assumes the  
            10 percent interest is applied and received from all  
            outstanding invoices as well as increased cost recovery.


          2)Minor and absorbable costs to DTSC for updating billing  
            documents and procedures (TSCA).









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          3)No significant costs for the Attorney General to implement  
            cost recovery procedures. 


          COMMENTS:


          1)Rational.  On August 7, 2014, the Bureau of State Audits (BSA)  
            released a report on DTSC's cost recovery.  The BSA found  
            long-standing shortcomings resulting in millions of dollars in  
            unbilled and uncollected cleanup costs dating back to 1987.   



            Existing law requires DTSC to charge interest for invoices not  
            paid within 60 days at a rate equal to the rate of return  
            earned on investments in the State's Surplus Money Investment  
            Fund (SMIF).  For the quarter ending June 30, 2013, the SMIF  
            interest rate was 0.246 percent.  This low interest rate  
            provides less incentive for responsible parties to make  
            payments on time.


            The BSA recommended that in order to improve DTSC's efforts to  
            promptly recover its costs, the legislature should revise  
            state law to allow DTSC to use a higher interest rate assessed  
            on late payments.   This bill is consistent with that  
            recommendation.


          2)Lower rates for Local Government. Existing law establishes  
            different interest rates for local governments and sets an  
            interest rate for local governments only for interest on tax  
            or fee judgments.  Article XV of the California Constitution  
            provides that the rate of interest upon a judgment rendered in  
            any court of this State shall be set by the Legislature at not  
            more than 10 percent per annum.  Such rate may be variable and  
            based upon interest rates charged by federal agencies, or  








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            economic indicators, or both.  In the absence of setting of  
            such rate by the Legislature, the rate of interest on any  
            judgment rendered in any court of the State shall be 7 percent  
            per annum. 
            The California Supreme Court determined in California Federal  
            Savings and Loan Association v. City of Los Angeles (1995) 11  
            Cal.4th 342 that in the absence of the Legislature  
            establishing a different rate, the "applicable rate of  
            post-judgment interest to be paid by local public entities is  
            7 percent."


            The local government interest rate established in this bill is  
            consistent with this determination.





          3)Related Legislation.  In addition to this bill, the Committee  
            on Environmental Safety and Toxic Materials has introduced the  
            following bills to address the shortcomings found in the BSA  
            report:



             a)   AB 274 (ESTM) allows DTSC to not expend resources to  
               pursue an uncollectible account, as defined.



             b)   AB 275 (ESTM) revises DTSC's statute of limitation for  
               cost recovery.



             c)   AB 276 (ESTM) allows DTSC to request financial  
               information from specified entities who claim inability to  
               pay.








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            All four bills will be heard in this Committee on April 15,  
            2015





          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081