California Legislature—2015–16 Regular Session

Assembly Bill No. 275

Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Alejo (Chair), Gonzalez, McCarty, and Ting)

February 11, 2015

An act to amend Sections 25360.4, 25363, and 25366.5 of the Health and Safety Code, relating to hazardous substances.

LEGISLATIVE COUNSEL’S DIGEST

AB 275, as introduced, Committee on Environmental Safety and Toxic Materials. Hazardous substances: liability recovery actions.

(1) Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substances removal or remedial actions and requires the Attorney General to recover from the liable person, as defined, certain costs incurred by the Department of Toxic Substances Control or a California regional water quality control board, upon the request of the department or regional board. The act authorizes, except as specified, a party found liable for any costs or expenditures recoverable under the act to establish, as specified, that only a portion of those costs or expenditures are attributable to the party, and be required to pay only for that portion. If each party does not establish it’s liability, the act requires the court to apportion those costs or expenditures, as specified, among the defendants and the remaining portion of the judgment is required to be paid from the Toxic Substances Control Account. Existing law authorizes the money deposited in the Toxic Substances Control Account in the General Fund to be appropriated to the Department of Toxic Substances Control for specified purposes, including the payment of removal and remedial actions incurred by the state.

This bill would delete the requirement that the remaining portion of a judgment for costs and expenditures that is not apportioned among the liable persons be paid from that account.

(2) The act requires an action brought pursuant to it for the recovery of the costs of a removal or remedial action to be commenced within 3 years after completion of the removal or remedial action has been certified by the department.

This bill would, except as provided, instead allow an action to be commenced either within that 3-year period or within 6 years of the initiation of a removal or remedial action, whichever date is later.

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 25360.4 of the Health and Safety Code
is amended to read:

25360.4.  

(a)  begin delete An end delete begin insert (1) end insert begin insert   end insert begin insert Except as provided in paragraph (2), an end insert
action under Section 25360 for the recovery of the costs of removal
or remedial action incurred by the department from the state
account, or any other source authorized by law, or for the recovery
of administrative costs incurred by the department in connection
with begin delete any end delete begin insert a end insert removal or remedial action performed by the department
or by begin delete any end delete begin insert a end insert responsible party, shall be commenced within three
years after completion of the removal or remedial action has been
certified by the begin delete department. end delete begin insert department, or within six years of the
initiation of a removal or remedial action, whichever date is later. end insert

begin insert

(2) No action described in paragraph (1) may be brought that,
as of December 31, 2015, had not been commenced by the
department within three years after the certification of the
completion of the removal or remedial action.

end insert

(b) An action under subdivision (c) of Section 25352 for costs
incurred by the department for the purposes specified in subdivision
(a) or (b) of Section 25352 shall be commenced within three years
after certification by the department of the completion of the
activities authorized under subdivisions (a) and (b) of Section
25352.

(c) In begin delete any end delete begin insert an end insert action described in subdivision (a) or (b) for
recovery of the costs of a removal action, a remedial action,
administrative costs, or damages, where the court has entered a
judgment for these past costs or damages, the court shall also enter
an order reserving jurisdiction over the case and the court shall
have continuing jurisdiction to determine any future liability and
the begin delete amount. end delete begin insert amount of the future liability. end insert The department may
immediately enforce the judgment for past costs and damages. The
department may apply for a court judgment begin delete as to end delete begin insert for end insert future costs
and damages that have been incurred begin delete at any time end delete during the
removal and remedial actions or during the performance of the
activities authorized by Section 25352, but the application shall
be made not later than three years after the certification of
completion of the actions or activities.

(d) An action may be commenced under Section 25360 or
subdivision (c) of Section 25352 at any time prior to expiration of
the begin delete three-year end delete begin insert applicable end insert limitation period provided for by this
section.

SEC. 2.  

Section 25363 of the Health and Safety Code is
amended to read:

25363.  

(a) Except as provided in subdivision begin delete (f), any end delete begin insert (e), a end insert
party found liable for begin delete any end delete costs or expenditures recoverable under
this chapter who establishes by a preponderance of the evidence
that only a portion of those costs or expenditures are attributable
to that party’s actions, shall be required to pay only for that portion.

(b) Except as provided in subdivision begin delete (f), end delete begin insert (e), end insert if the trier of fact
finds the evidence insufficient to establish each party’s portion of
costs or expenditures under subdivision (a), the court shall
apportion those costs or expenditures, to the extent practicable,
according to equitable principles, among the defendants.

begin delete

(c)  The state account shall pay any portion of the judgment in
excess of the aggregate amount of costs or expenditures
apportioned under subdivisions (a) and (b).

(d)

end delete

begin insert (c) end insert  The standard of liability for begin delete any end delete costs or begin delete expenses end delete
begin insert expenditures end insert recoverable pursuant to this chapter is strict liability.

begin delete

(e) Any

end delete

begin insert (d) end insert begin insert   end insert begin insert A end insert person who has incurred removal or remedial action costs
in accordance with this chapter or the federal act may seek
contribution or indemnity from any person who is liable pursuant
to this begin delete chapter, except that no claim may be asserted against a
person whose liability has been determined and which has been
or is being, fully discharged pursuant to Section 25356.6, or against
a person who is actively participating in a pending apportionment
proceeding pursuant to Section 25356.6. end delete begin insert chapter. end insert An action to
enforce a claim may be brought as a cross-complaint by any
defendant in an action brought pursuant to Section 25360 or this
section, or in a separate action after the person seeking contribution
or indemnity has paid removal or remedial action costs in
accordance with this chapter or the federal act. begin delete Any end delete begin insert A end insert plaintiff or
begin insert cross-complaint end insert seeking contribution or indemnity shall give
written notice to the director upon filing an action or cross
complaint under this section. In resolving claims for contribution
or indemnity, the court may allocate costs among liable parties
using begin delete those end delete begin insert the appropriate end insert equitable begin delete factors which are appropriate. end delete
begin insert factors. end insert

begin delete

(f)

end delete

begin insert (e) end insert  Notwithstanding this chapter, begin delete any end delete begin insert a end insert response action
contractor who is found liable for any costs or expenditures
recoverable under this chapter and who establishes by a
preponderance of the evidence that only a portion of those costs
or expenditures are attributable to the response action contractor’s
begin delete actions, end delete begin insert actions end insert shall be required to pay only that portion of the
costs or expenditures attributable to the response action contractor’s
actions.

SEC. 3.  

Section 25366.5 of the Health and Safety Code is
amended to read:

25366.5.  

(a)  begin delete Any end delete begin insert A end insert public agency operating a household
hazardous waste collection program or begin delete any end delete begin insert a end insert person operating
such a program under a written agreement with a public agency,
or, for material received from the public as used oil, begin delete any end delete begin insert a end insert person
operating a certified used oil collection center as provided in
Section 48660 of the Public Resources Code, shall not be held
liable in begin delete any end delete begin insert a end insert cost recovery action brought pursuant to Section
begin delete 25360 , end delete begin insert 25360, end insert including, but not limited to, begin delete any end delete begin insert an end insert action to
recover the fees imposed by Section 25343 or begin delete any end delete begin insert an end insert action
brought pursuant to subdivision begin delete (e) end delete begin insert (d) end insert of Section 25363, for begin delete any end delete
waste that has been properly handled and transported to an
authorized hazardous waste treatment, storage, or disposal facility
at a location other than that of the collection program.

(b) For purposes of this section, “household hazardous waste
collection program” means a program or facility, specified in
Section 25218.1, in which hazardous wastes from households and
conditionally exempt small quantity generators, are collected and
ultimately transferred to an authorized hazardous waste treatment,
storage, or disposal facility.

(c) Except as provided in subdivision (a), this section does not
affect or modify the obligations or liabilities of begin delete any end delete begin insert a end insert person
imposed pursuant to begin delete any end delete state or federal law.