BILL NUMBER: AB 274	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 27, 2015

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

                        FEBRUARY 11, 2015

   An act to add Section 25269.9 to the Health and Safety Code,
relating to hazardous substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 274, as amended, Committee on Environmental Safety and Toxic
Materials. Oversight costs: uncollectible accounts.
   Existing law requires the Department of Toxic Substances Control
to comply with specified procedures when recovering oversight costs
for corrective action taken pursuant to the hazardous waste control
laws or for  removal or remedial   certain other
 actions taken pursuant to the Carpenter-Presley-Tanner
Hazardous Substances Account Act. The department is required to take
specified actions with regard to uncollectible accounts, including
reviewing all current outstanding receivables and making an
appropriate adjustment for estimated uncollectible amounts. The
department is authorized, if warranted, to write off or write down
those receivable amounts.
   This bill would define the term "uncollectible account" 
and, in addition to the authority specified above,   and
 would authorize the department not to pursue an uncollectible
account and to write off  or write down  that uncollectible
 account.   account, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 25269.9 is added to the Health and Safety Code,
to read:
   25269.9.  (a) The Legislature finds and declares both of the
following:
   (1) The department should prioritize its cost recovery efforts to
make the most efficient use of its resources available for that
activity.
   (2) It is not cost effective or practicable to seek recovery of an
uncollectible account, as defined in subdivision (b).
   (b) For purposes of this section, "uncollectible account" means
 an oversight cost that meets   response action,
corrective action, or oversight costs, including accrued interest,
incurred by the department that meet  all of the following
conditions:
   (1) The  oversight cost was   response
action, corrective action, or oversight costs were  incurred by
the department on or after July 1, 1987, but not later than December
31, 2013, while overseeing  a cleanup action pursuant to the
authority specified in subdivision (a) of Section 25269.2. 
 or carrying out a response or corrective action pursuant to
Chapter 6.5   (commencing with Section 25100) or Chapter 6.8
(commencing with Section 25300). 
   (2) The  amount of the uncollected cost is  
response action, corrective action, or oversight costs are  not
more than five thousand dollars ($5,000).
   (3) The department will not incur further  oversight costs
with regard to that cleanup action.   response action,
corrective action, or oversight costs related to the site for which
the costs were incurred. 
   (4)  The department's estimated cost to pursue the oversight costs
exceeds the value of the oversight costs.
   (c)  In addition to the authority specified in Section
25269.8, the   The  department is not required to
pursue an uncollectible account and may write off  or write down
 that uncollectible  account.   account
pursuant to Section 25269.8. 
   (d) The requirements of Chapter 5 (commencing with Section 13940)
of Part 4 of Division 3 of Title 2 of the Government Code shall not
apply to any action taken by the department pursuant to subdivision
(c).