Amended in Senate July 2, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 901


Introduced by Assembly Member Gordon

(Coauthor: Assembly Member Williams)

February 26, 2015


An act tobegin insert amend Section 6254 of the Government Code, and toend insert amend Section 41821.5 of, to amend and renumber Section 41821.6 of, and to add Sections 41821.6, 41821.7, and 41821.8 to, the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 901, as amended, Gordon. Solid waste: reporting requirements: enforcement.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires disposal facility operators to submit information to counties from periodic tracking surveys on the disposal tonnages that are disposed of at the disposal facility by jurisdiction or region of origin. Existing law requires solid waste handlers and transfer station operators to provide information to the disposal facility on the origin of the solid waste they deliver to the disposal facility. Existing law requires recycling and composting facilities to submit periodic information to counties on the types and quantities of materials that are disposed of, sold to end users, or sold to exporters or transporters for sale outside of the state, by county of origin. Existing law requires counties to submit periodic reports to the cities within the county, to any regional agency of which the county is a member, and to the Department of Resources Recycling and Recovery on the amounts of solid waste disposed of by jurisdiction or region of origin, and on the categories and amounts of solid waste diverted to recycling and composting facilities within the county or region. Existing law authorizes the department to adopt regulations in this regard.

This bill would revise these provisions by, among other things,begin insert (1)end insert requiring recycling and composting operations and facilities to submit specified information directly to the department, rather than to counties,begin insert (2) requiring disposal facility operators to submit tonnage information to the department, and to countend insertbegin inserties only on request,end insert andbegin delete would deleteend deletebegin insert (3) deletingend insert the requirement for counties to submit that information to cities, regional agencies, and the department. The bill would delete references to periodic tracking surveys.begin insert The bill would require exporters, brokers, and transporters of recyclables or compost to submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state, and would authorize the department to provide this information, on an aggregated basis, to jurisdictions, as specified.end insert The bill would make other related changes to the various reporting requirements. The bill would provide for imposition of civil penalties on any person who refuses or fails to submit information required by the governing regulations, and on any person who knowingly or willfully files a false report, refuses to permit the department to inspect or examine associated records, or alters, cancels, or obliterates entries in the records, as specified. The bill would provide that the civil penalties may be imposed either in a civil action or administratively pursuant to procedures specified in the bill. The bill wouldbegin delete provide for local agencies, on request, to be designated by the department to exercise the enforcement authority.end deletebegin insert specify the types of waste disposal records that are subject to inspection and copying by the department, and also by an employee of a government entity, as defined, with respect to tonnage received at a disposal facility that originates within the government entity’s geographic jurisdiction. The bill, with respect to those records, would prohibit a government entity from disclosing the name of a waste hauler using a specific landfill unless necessary as part of an administrative or judicial proceeding, as specified. The bill would also authorize a government entity to petition the superior court for injunctive or declaratory relief to enforce these provisions.end insert The bill would require recovered civil penalties to be deposited in the Integrated Waste Managementbegin delete Account if recovered by action of the department, or to be retained by the local agency taking the enforcement action, as applicable. The bill would require moneys retained by a local agency pursuant to these provisions to be expended on specified solid waste activities.end deletebegin insert Account.end insert

begin insert

The California Public Records Act provides that public records are open to inspection at all times during the office hours of the state or local agency that retains those records, and that every person has a right to inspect any public record, but exempts certain records from these requirements.

end insert
begin insert

This bill would exempt certain waste disposal records subject to inspection and copying by the department or a government entity from disclosure under the California Public Records Act.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 6254 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

6254.  

Except as provided in Sections 6254.7 and 6254.13, this
4chapter does not require the disclosure of any of the following
5records:

6(a) Preliminary drafts, notes, or interagency or intra-agency
7memoranda that are not retained by the public agency in the
8ordinary course of business, if the public interest in withholding
9those records clearly outweighs the public interest in disclosure.

10(b) Records pertaining to pending litigation to which the public
11agency is a party, or to claims made pursuant to Division 3.6
12(commencing with Section 810), until the pending litigation or
13claim has been finally adjudicated or otherwise settled.

14(c) Personnel, medical, or similar files, the disclosure of which
15would constitute an unwarranted invasion of personal privacy.

16(d) Contained in or related to any of the following:

17(1) Applications filed with any state agency responsible for the
18regulation or supervision of the issuance of securities or of financial
19institutions, including, but not limited to, banks, savings and loan
20associations, industrial loan companies, credit unions, and
21insurance companies.

P4    1(2) Examination, operating, or condition reports prepared by,
2on behalf of, or for the use of, any state agency referred to in
3paragraph (1).

4(3) Preliminary drafts, notes, or interagency or intra-agency
5communications prepared by, on behalf of, or for the use of, any
6state agency referred to in paragraph (1).

7(4) Information received in confidence by any state agency
8referred to in paragraph (1).

9(e) Geological and geophysical data, plant production data, and
10similar information relating to utility systems development, or
11market or crop reports, that are obtained in confidence from any
12person.

13(f) Records of complaints to, or investigations conducted by,
14or records of intelligence information or security procedures of,
15the office of the Attorney General and the Department of Justice,
16the Office of Emergency Services and any state or local police
17agency, or any investigatory or security files compiled by any other
18state or local police agency, or any investigatory or security files
19compiled by any other state or local agency for correctional, law
20enforcement, or licensing purposes. However, state and local law
21enforcement agencies shall disclose the names and addresses of
22persons involved in, or witnesses other than confidential informants
23to, the incident, the description of any property involved, the date,
24time, and location of the incident, all diagrams, statements of the
25parties involved in the incident, the statements of all witnesses,
26other than confidential informants, to the victims of an incident,
27or an authorized representative thereof, an insurance carrier against
28which a claim has been or might be made, and any person suffering
29bodily injury or property damage or loss, as the result of the
30incident caused by arson, burglary, fire, explosion, larceny,
31robbery, carjacking, vandalism, vehicle theft, or a crime as defined
32by subdivision (b) of Section 13951, unless the disclosure would
33endanger the safety of a witness or other person involved in the
34investigation, or unless disclosure would endanger the successful
35completion of the investigation or a related investigation. However,
36nothing in this division shall require the disclosure of that portion
37of those investigative files that reflects the analysis or conclusions
38of the investigating officer.

P5    1Customer lists provided to a state or local police agency by an
2alarm or security company at the request of the agency shall be
3construed to be records subject to this subdivision.

4Notwithstanding any other provision of this subdivision, state
5and local law enforcement agencies shall make public the following
6information, except to the extent that disclosure of a particular
7item of information would endanger the safety of a person involved
8in an investigation or would endanger the successful completion
9of the investigation or a related investigation:

10(1) The full name and occupation of every individual arrested
11by the agency, the individual’s physical description including date
12of birth, color of eyes and hair, sex, height and weight, the time
13and date of arrest, the time and date of booking, the location of
14the arrest, the factual circumstances surrounding the arrest, the
15amount of bail set, the time and manner of release or the location
16where the individual is currently being held, and all charges the
17individual is being held upon, including any outstanding warrants
18from other jurisdictions and parole or probation holds.

19(2) Subject to the restrictions imposed by Section 841.5 of the
20Penal Code, the time, substance, and location of all complaints or
21requests for assistance received by the agency and the time and
22nature of the response thereto, including, to the extent the
23information regarding crimes alleged or committed or any other
24incident investigated is recorded, the time, date, and location of
25occurrence, the time and date of the report, the name and age of
26the victim, the factual circumstances surrounding the crime or
27incident, and a general description of any injuries, property, or
28weapons involved. The name of a victim of any crime defined by
29Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
30266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
31286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
32Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
33of the November 7, 2006, statewide general election), 288.5, 288.7,
34289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
35be withheld at the victim’s request, or at the request of the victim’s
36parent or guardian if the victim is a minor. When a person is the
37victim of more than one crime, information disclosing that the
38person is a victim of a crime defined in any of the sections of the
39Penal Code set forth in this subdivision may be deleted at the
40request of the victim, or the victim’s parent or guardian if the
P6    1victim is a minor, in making the report of the crime, or of any
2crime or incident accompanying the crime, available to the public
3in compliance with the requirements of this paragraph.

4(3) Subject to the restrictions of Section 841.5 of the Penal Code
5and this subdivision, the current address of every individual
6arrested by the agency and the current address of the victim of a
7crime, where the requester declares under penalty of perjury that
8the request is made for a scholarly, journalistic, political, or
9governmental purpose, or that the request is made for investigation
10purposes by a licensed private investigator as described in Chapter
1111.3 (commencing with Section 7512) of Division 3 of the Business
12and Professions Code. However, the address of the victim of any
13crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
14265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
15273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
16Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
176 of Proposition 83 of the November 7, 2006, statewide general
18 election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
19of the Penal Code shall remain confidential. Address information
20obtained pursuant to this paragraph may not be used directly or
21indirectly, or furnished to another, to sell a product or service to
22any individual or group of individuals, and the requester shall
23execute a declaration to that effect under penalty of perjury.
24Nothing in this paragraph shall be construed to prohibit or limit a
25scholarly, journalistic, political, or government use of address
26information obtained pursuant to this paragraph.

27(g) Test questions, scoring keys, and other examination data
28used to administer a licensing examination, examination for
29employment, or academic examination, except as provided for in
30Chapter 3 (commencing with Section 99150) of Part 65 of Division
3114 of Title 3 of the Education Code.

32(h) The contents of real estate appraisals or engineering or
33feasibility estimates and evaluations made for or by the state or
34local agency relative to the acquisition of property, or to
35prospective public supply and construction contracts, until all of
36the property has been acquired or all of the contract agreement
37obtained. However, the law of eminent domain shall not be affected
38by this provision.

39(i) Information required from any taxpayer in connection with
40the collection of local taxes that is received in confidence and the
P7    1disclosure of the information to other persons would result in unfair
2competitive disadvantage to the person supplying the information.

3(j) Library circulation records kept for the purpose of identifying
4the borrower of items available in libraries, and library and museum
5materials made or acquired and presented solely for reference or
6exhibition purposes. The exemption in this subdivision shall not
7apply to records of fines imposed on the borrowers.

8(k) Records, the disclosure of which is exempted or prohibited
9pursuant to federal or state law, including, but not limited to,
10provisions of the Evidence Code relating to privilege.

11(l) Correspondence of and to the Governor or employees of the
12Governor’s office or in the custody of or maintained by the
13Governor’s Legal Affairs Secretary. However, public records shall
14not be transferred to the custody of the Governor’s Legal Affairs
15Secretary to evade the disclosure provisions of this chapter.

16(m) In the custody of or maintained by the Legislative Counsel,
17except those records in the public database maintained by the
18Legislative Counsel that are described in Section 10248.

19(n) Statements of personal worth or personal financial data
20required by a licensing agency and filed by an applicant with the
21licensing agency to establish his or her personal qualification for
22the license, certificate, or permit applied for.

23(o) Financial data contained in applications for financing under
24Division 27 (commencing with Section 44500) of the Health and
25Safety Code, where an authorized officer of the California Pollution
26Control Financing Authority determines that disclosure of the
27financial data would be competitively injurious to the applicant
28and the data is required in order to obtain guarantees from the
29United States Small Business Administration. The California
30Pollution Control Financing Authority shall adopt rules for review
31of individual requests for confidentiality under this section and for
32making available to the public those portions of an application that
33are subject to disclosure under this chapter.

34(p) Records of state agencies related to activities governed by
35Chapter 10.3 (commencing with Section 3512), Chapter 10.5
36(commencing with Section 3525), and Chapter 12 (commencing
37with Section 3560) of Division 4, that reveal a state agency’s
38deliberative processes, impressions, evaluations, opinions,
39recommendations, meeting minutes, research, work products,
40theories, or strategy, or that provide instruction, advice, or training
P8    1to employees who do not have full collective bargaining and
2representation rights under these chapters. Nothing in this
3subdivision shall be construed to limit the disclosure duties of a
4state agency with respect to any other records relating to the
5activities governed by the employee relations acts referred to in
6this subdivision.

7(q) (1) Records of state agencies related to activities governed
8by Article 2.6 (commencing with Section 14081), Article 2.8
9(commencing with Section 14087.5), and Article 2.91
10(commencing with Section 14089) of Chapter 7 of Part 3 of
11Division 9 of the Welfare and Institutions Code, that reveal the
12special negotiator’s deliberative processes, discussions,
13communications, or any other portion of the negotiations with
14providers of health care services, impressions, opinions,
15recommendations, meeting minutes, research, work product,
16theories, or strategy, or that provide instruction, advice, or training
17to employees.

18(2) Except for the portion of a contract containing the rates of
19payment, contracts for inpatient services entered into pursuant to
20these articles, on or after April 1, 1984, shall be open to inspection
21one year after they are fully executed. If a contract for inpatient
22services that is entered into prior to April 1, 1984, is amended on
23or after April 1, 1984, the amendment, except for any portion
24containing the rates of payment, shall be open to inspection one
25year after it is fully executed. If the California Medical Assistance
26Commission enters into contracts with health care providers for
27other than inpatient hospital services, those contracts shall be open
28to inspection one year after they are fully executed.

29(3) Three years after a contract or amendment is open to
30inspection under this subdivision, the portion of the contract or
31amendment containing the rates of payment shall be open to
32inspection.

33(4) Notwithstanding any other law, the entire contract or
34amendment shall be open to inspection by the Joint Legislative
35Audit Committee and the Legislative Analyst’s Office. The
36committee and that office shall maintain the confidentiality of the
37contracts and amendments until the time a contract or amendment
38is fully open to inspection by the public.

39(r) Records of Native American graves, cemeteries, and sacred
40places and records of Native American places, features, and objects
P9    1described in Sections 5097.9 and 5097.993 of the Public Resources
2Code maintained by, or in the possession of, the Native American
3Heritage Commission, another state agency, or a local agency.

4(s) A final accreditation report of the Joint Commission on
5Accreditation of Hospitals that has been transmitted to the State
6Department of Health Care Services pursuant to subdivision (b)
7of Section 1282 of the Health and Safety Code.

8(t) Records of a local hospital district, formed pursuant to
9Division 23 (commencing with Section 32000) of the Health and
10Safety Code, or the records of a municipal hospital, formed
11pursuant to Article 7 (commencing with Section 37600) or Article
128 (commencing with Section 37650) of Chapter 5 of Part 2 of
13Division 3 of Title 4 of this code, that relate to any contract with
14an insurer or nonprofit hospital service plan for inpatient or
15outpatient services for alternative rates pursuant to Section 10133
16of the Insurance Code. However, the record shall be open to
17inspection within one year after the contract is fully executed.

18(u) (1) Information contained in applications for licenses to
19carry firearms issued pursuant to Section 26150, 26155, 26170,
20or 26215 of the Penal Code by the sheriff of a county or the chief
21or other head of a municipal police department that indicates when
22or where the applicant is vulnerable to attack or that concerns the
23applicant’s medical or psychological history or that of members
24of his or her family.

25(2) The home address and telephone number of prosecutors,
26public defenders, peace officers, judges, court commissioners, and
27magistrates that are set forth in applications for licenses to carry
28firearms issued pursuant to Section 26150, 26155, 26170, or 26215
29of the Penal Code by the sheriff of a county or the chief or other
30head of a municipal police department.

31(3) The home address and telephone number of prosecutors,
32public defenders, peace officers, judges, court commissioners, and
33magistrates that are set forth in licenses to carry firearms issued
34pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
35Code by the sheriff of a county or the chief or other head of a
36municipal police department.

37(v) (1) Records of the Managed Risk Medical Insurance Board
38and the State Department of Health Care Services related to
39activities governed by Part 6.3 (commencing with Section 12695),
40Part 6.5 (commencing with Section 12700), Part 6.6 (commencing
P10   1with Section 12739.5), or Part 6.7 (commencing with Section
212739.70) of Division 2 of the Insurance Code, or Chapter 2
3(commencing with Section 15810) or Chapter 4 (commencing with
4Section 15870) of Part 3.3 of Division 9 of the Welfare and
5Institutions Code, and that reveal any of the following:

6(A) The deliberative processes, discussions, communications,
7or any other portion of the negotiations with entities contracting
8or seeking to contract with the board or the department, entities
9with which the board or the department is considering a contract,
10or entities with which the board or department is considering or
11enters into any other arrangement under which the board or the
12department provides, receives, or arranges services or
13reimbursement.

14(B) The impressions, opinions, recommendations, meeting
15minutes, research, work product, theories, or strategy of the board
16or its staff or the department or its staff, or records that provide
17instructions, advice, or training to their employees.

18(2) (A) Except for the portion of a contract that contains the
19rates of payment, contracts entered into pursuant to Part 6.3
20(commencing with Section 12695), Part 6.5 (commencing with
21Section 12700), Part 6.6 (commencing with Section 12739.5), or
22Part 6.7 (commencing with Section 12739.70) of Division 2 of the
23Insurance Code, or Chapter 2 (commencing with Section 15810)
24or Chapter 4 (commencing with Section 15870) of Part 3.3 of
25Division 9 of the Welfare and Institutions Code, on or after July
261, 1991, shall be open to inspection one year after their effective
27dates.

28(B) If a contract that is entered into prior to July 1, 1991, is
29amended on or after July 1, 1991, the amendment, except for any
30portion containing the rates of payment, shall be open to inspection
31one year after the effective date of the amendment.

32(3) Three years after a contract or amendment is open to
33inspection pursuant to this subdivision, the portion of the contract
34or amendment containing the rates of payment shall be open to
35inspection.

36(4) Notwithstanding any other law, the entire contract or
37amendments to a contract shall be open to inspection by the Joint
38Legislative Audit Committee. The committee shall maintain the
39confidentiality of the contracts and amendments thereto, until the
P11   1contracts or amendments to the contracts are open to inspection
2pursuant to paragraph (3).

3(w) (1) Records of the Managed Risk Medical Insurance Board
4related to activities governed by Chapter 8 (commencing with
5Section 10700) of Part 2 of Division 2 of the Insurance Code, and
6that reveal the deliberative processes, discussions, communications,
7or any other portion of the negotiations with health plans, or the
8impressions, opinions, recommendations, meeting minutes,
9research, work product, theories, or strategy of the board or its
10staff, or records that provide instructions, advice, or training to
11employees.

12(2) Except for the portion of a contract that contains the rates
13of payment, contracts for health coverage entered into pursuant to
14Chapter 8 (commencing with Section 10700) of Part 2 of Division
152 of the Insurance Code, on or after January 1, 1993, shall be open
16to inspection one year after they have been fully executed.

17(3) Notwithstanding any other law, the entire contract or
18amendments to a contract shall be open to inspection by the Joint
19Legislative Audit Committee. The committee shall maintain the
20confidentiality of the contracts and amendments thereto, until the
21contracts or amendments to the contracts are open to inspection
22pursuant to paragraph (2).

23(x) Financial data contained in applications for registration, or
24registration renewal, as a service contractor filed with the Director
25of Consumer Affairs pursuant to Chapter 20 (commencing with
26Section 9800) of Division 3 of the Business and Professions Code,
27for the purpose of establishing the service contractor’s net worth,
28or financial data regarding the funded accounts held in escrow for
29service contracts held in force in this state by a service contractor.

30(y) (1) Records of the Managed Risk Medical Insurance Board
31and the State Department of Health Care Services related to
32activities governed by Part 6.2 (commencing with Section 12693)
33or Part 6.4 (commencing with Section 12699.50) of Division 2 of
34the Insurance Code or Sections 14005.26 and 14005.27 of, or
35Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
369 of, the Welfare and Institutions Code, if the records reveal any
37of the following:

38(A) The deliberative processes, discussions, communications,
39or any other portion of the negotiations with entities contracting
40or seeking to contract with the board or the department, entities
P12   1with which the board or department is considering a contract, or
2entities with which the board or department is considering or enters
3into any other arrangement under which the board or department
4provides, receives, or arranges services or reimbursement.

5(B) The impressions, opinions, recommendations, meeting
6minutes, research, work product, theories, or strategy of the board
7or its staff, or the department or its staff, or records that provide
8instructions, advice, or training to employees.

9(2) (A) Except for the portion of a contract that contains the
10rates of payment, contracts entered into pursuant to Part 6.2
11(commencing with Section 12693) or Part 6.4 (commencing with
12Section 12699.50) of Division 2 of the Insurance Code, on or after
13January 1, 1998, or Sections 14005.26 and 14005.27 of, or Chapter
143 (commencing with Section 15850) of Part 3.3 of Division 9 of,
15the Welfare and Institutions Code shall be open to inspection one
16year after their effective dates.

17(B) If a contract entered into pursuant to Part 6.2 (commencing
18with Section 12693) or Part 6.4 (commencing with Section
1912699.50) of Division 2 of the Insurance Code or Sections
2014005.26 and 14005.27 of, or Chapter 3 (commencing with Section
2115850) of Part 3.3 of Division 9 of, the Welfare and Institutions
22Code, is amended, the amendment shall be open to inspection one
23year after the effective date of the amendment.

24(3) Three years after a contract or amendment is open to
25inspection pursuant to this subdivision, the portion of the contract
26or amendment containing the rates of payment shall be open to
27inspection.

28(4) Notwithstanding any other law, the entire contract or
29amendments to a contract shall be open to inspection by the Joint
30Legislative Audit Committee. The committee shall maintain the
31confidentiality of the contracts and amendments thereto until the
32contract or amendments to a contract are open to inspection
33pursuant to paragraph (2) or (3).

34(5) The exemption from disclosure provided pursuant to this
35subdivision for the contracts, deliberative processes, discussions,
36communications, negotiations, impressions, opinions,
37recommendations, meeting minutes, research, work product,
38theories, or strategy of the board or its staff, or the department or
39its staff, shall also apply to the contracts, deliberative processes,
40discussions, communications, negotiations, impressions, opinions,
P13   1recommendations, meeting minutes, research, work product,
2theories, or strategy of applicants pursuant to Part 6.4 (commencing
3with Section 12699.50) of Division 2 of the Insurance Code or
4Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
59 of the Welfare and Institutions Code.

6(z) Records obtained pursuant to paragraph (2) of subdivision
7(f) of Section 2891.1 of the Public Utilities Code.

8(aa) A document prepared by or for a state or local agency that
9assesses its vulnerability to terrorist attack or other criminal acts
10intended to disrupt the public agency’s operations and that is for
11distribution or consideration in a closed session.

12(ab) Critical infrastructure information, as defined in Section
13131(3) of Title 6 of the United States Code, that is voluntarily
14submitted to the California Emergency Management Agency for
15use by that office, including the identity of the person who or entity
16that voluntarily submitted the information. As used in this
17subdivision, “voluntarily submitted” means submitted in the
18absence of the office exercising any legal authority to compel
19access to or submission of critical infrastructure information. This
20subdivision shall not affect the status of information in the
21possession of any other state or local governmental agency.

22(ac) All information provided to the Secretary of State by a
23person for the purpose of registration in the Advance Health Care
24Directive Registry, except that those records shall be released at
25the request of a health care provider, a public guardian, or the
26registrant’s legal representative.

27(ad) The following records of the State Compensation Insurance
28Fund:

29(1) Records related to claims pursuant to Chapter 1
30(commencing with Section 3200) of Division 4 of the Labor Code,
31to the extent that confidential medical information or other
32individually identifiable information would be disclosed.

33(2) Records related to the discussions, communications, or any
34other portion of the negotiations with entities contracting or seeking
35to contract with the fund, and any related deliberations.

36(3) Records related to the impressions, opinions,
37recommendations, meeting minutes of meetings or sessions that
38are lawfully closed to the public, research, work product, theories,
39or strategy of the fund or its staff, on the development of rates,
40contracting strategy, underwriting, or competitive strategy pursuant
P14   1to the powers granted to the fund in Chapter 4 (commencing with
2Section 11770) of Part 3 of Division 2 of the Insurance Code.

3(4) Records obtained to provide workers’ compensation
4insurance under Chapter 4 (commencing with Section 11770) of
5Part 3 of Division 2 of the Insurance Code, including, but not
6limited to, any medical claims information, policyholder
7information provided that nothing in this paragraph shall be
8interpreted to prevent an insurance agent or broker from obtaining
9proprietary information or other information authorized by law to
10be obtained by the agent or broker, and information on rates,
11pricing, and claims handling received from brokers.

12(5) (A) Records that are trade secrets pursuant to Section
136276.44, or Article 11 (commencing with Section 1060) of Chapter
144 of Division 8 of the Evidence Code, including without limitation,
15instructions, advice, or training provided by the State Compensation
16Insurance Fund to its board members, officers, and employees
17regarding the fund’s special investigation unit, internal audit unit,
18and informational security, marketing, rating, pricing, underwriting,
19claims handling, audits, and collections.

20(B) Notwithstanding subparagraph (A), the portions of records
21containing trade secrets shall be available for review by the Joint
22Legislative Audit Committee, the Bureau of State Audits, Division
23of Workers’ Compensation, and the Department of Insurance to
24ensure compliance with applicable law.

25(6) (A) Internal audits containing proprietary information and
26the following records that are related to an internal audit:

27(i) Personal papers and correspondence of any person providing
28assistance to the fund when that person has requested in writing
29that his or her papers and correspondence be kept private and
30confidential. Those papers and correspondence shall become public
31records if the written request is withdrawn, or upon order of the
32fund.

33(ii) Papers, correspondence, memoranda, or any substantive
34information pertaining to any audit not completed or an internal
35audit that contains proprietary information.

36(B) Notwithstanding subparagraph (A), the portions of records
37containing proprietary information, or any information specified
38in subparagraph (A) shall be available for review by the Joint
39Legislative Audit Committee, the Bureau of State Audits, Division
P15   1of Workers’ Compensation, and the Department of Insurance to
2ensure compliance with applicable law.

3(7) (A) Except as provided in subparagraph (C), contracts
4entered into pursuant to Chapter 4 (commencing with Section
511770) of Part 3 of Division 2 of the Insurance Code shall be open
6to inspection one year after the contract has been fully executed.

7(B) If a contract entered into pursuant to Chapter 4 (commencing
8with Section 11770) of Part 3 of Division 2 of the Insurance Code
9is amended, the amendment shall be open to inspection one year
10after the amendment has been fully executed.

11(C) Three years after a contract or amendment is open to
12inspection pursuant to this subdivision, the portion of the contract
13or amendment containing the rates of payment shall be open to
14inspection.

15(D) Notwithstanding any other law, the entire contract or
16amendments to a contract shall be open to inspection by the Joint
17 Legislative Audit Committee. The committee shall maintain the
18confidentiality of the contracts and amendments thereto until the
19contract or amendments to a contract are open to inspection
20pursuant to this paragraph.

21(E) This paragraph is not intended to apply to documents related
22to contracts with public entities that are not otherwise expressly
23confidential as to that public entity.

24(F) For purposes of this paragraph, “fully executed” means the
25point in time when all of the necessary parties to the contract have
26signed the contract.

begin insert

27(ae) Records relating to waste disposal required to be kept
28pursuant to subdivision (b) or (g) of Section 41821.5 of the Public
29Resources Code, and pursuant to any implementing regulations,
30that are subject to inspection and copying by the Department of
31Resources Recycling and Recovery, or a government entity as
32defined in paragraph (4) of subdivision (g) of Section 41821.5 of
33the Public Resources Code.

end insert

34This section shall not prevent any agency from opening its
35records concerning the administration of the agency to public
36inspection, unless disclosure is otherwise prohibited by law.

37This section shall not prevent any health facility from disclosing
38to a certified bargaining agent relevant financing information
39pursuant to Section 8 of the National Labor Relations Act (29
40U.S.C. Sec. 158).

P16   1

begin deleteSECTION 1.end delete
2begin insertSEC. 2.end insert  

Section 41821.5 of the Public Resources Code is
3amended to read:

4

41821.5.  

(a) Disposal facility operators shall submitbegin delete to countiesend delete
5 information on the disposal tonnages by jurisdiction or region of
6origin that are disposed of at each disposalbegin delete facility.end deletebegin insert facility to the
7department, and to counties that request the information.end insert
To enable
8disposal facility operators to provide that information, solid waste
9handlers and transfer station operators shall provide information
10to disposal facility operators on the origin of the solid waste that
11they deliver to the disposal facility.

12(b) Recycling and composting operations and facilities shall
13submit periodic information to the department on the types and
14quantities of materials that are disposed of,begin delete soldend deletebegin insert sold,end insert or transferred
15to other recycling or composting facilities,begin delete sold toend delete end users inside
16of the state or outside of the state, orbegin delete that are sold toend delete exporters,
17brokers, or transporters for sale begin insertinside of the state or end insertoutside of
18the state.begin insert Exporters, brokers, and transporters of recyclables or
19compost shall submit periodic information to the department on
20the types, quantities, and destinations of materials that are disposed
21of, sold, or transferred. The information in these reports may be
22provided on an aggregated facility-wide basis and need not include
23financial data, the jurisdiction of the origin of the materials, or
24information on the entities from which the materials are received.end insert

25 The department may provide this information tobegin delete jurisdictionsend delete
26begin insert jurisdictions, aggregated by company,end insert upon request.begin insert Information
27submitted or provided pursuant to this subdivision shall not be
28subject to disclosure under the California Public Records Act
29(Chapter 3.5 (commencing with Section 6250) of Division 7 of
30Title 1 of the Government Code).end insert

begin delete

31(c) Each county shall submit reports to the cities within the
32county, to any regional agency of which it is a member agency,
33and to the department, on the amounts of solid waste disposed by
34jurisdiction or region of origin, as specified in subdivision (a).

end delete
begin delete

35(d)

end delete

36begin insert(c)end insert The department may adopt regulations pursuant to this
37section requiring practices and procedures that are reasonable and
38necessary to implement this section, and that provide a
39representative accounting of solid wastes and recyclable materials
40that are handled, processed, or disposed. Those regulations
P17   1approved by the department shall not impose an unreasonable
2burden on waste and recycling handling, processing, or disposal
3operations or otherwise interfere with the safe handling, processing,
4and disposal of solid waste and recyclables.begin insert To the extent
5regulations are adopted, the department shall include in those
6regulations both of the following:end insert

begin insert

7(1) Procedures to ensure that an opportunity to comply is
8provided prior to initiation of enforcement authorized by Section
941821.7.

end insert
begin insert

10(2) Factors to be considered in determining penalty amounts
11that are similar to those provided in Section 45016.

end insert
begin delete

12(e)

end delete

13begin insert(d)end insert Any person who refuses or fails to submit information
14required by regulations adopted pursuant to this section is liable
15for a civil penalty of not less than five hundred dollars ($500) and
16not more than five thousand dollars ($5,000) for each violation of
17a separate provision or, for continuing violations, for each day that
18the violation continues.

begin delete

19(f)

end delete

20begin insert(e)end insert Any person who knowingly or willfully files a false report,
21or any person who refuses to permit the department or any of its
22representatives to make inspection or examination of records, or
23who fails to keep any records for the inspection of the department,
24or who alters, cancels, or obliterates entries in the records for the
25purpose of falsifying the records as required by regulations adopted
26pursuant to this section, is liable for a civil penalty of not less than
27five hundred dollars ($500) and not more than ten thousand dollars
28($10,000) for each violation of a separate provision or, for
29continuing violations, for each day that the violation continues.

begin delete

30(g)

end delete

31begin insert(f)end insert Liability under this section may be imposed in a civil action,
32or liability may be imposed administratively pursuant to this article.

begin delete

33(h) Upon request of a city, county, or city and county, that city,
34county, or city and county may be designated, in writing, by the
35department, to exercise the enforcement authority granted to the
36department under this article. Any city, county, or city and county
37so designated shall follow the same procedures set forth for the
38department under this article. This designation shall not limit the
39authority of the department to take action it deems necessary or
40proper to ensure enforcement of this article.

end delete
begin delete

P18   1(i)

end delete

2begin insert(g)end insertbegin insert(1)end insertbegin insertend insert Notwithstanding Title 5 (commencing with Section
33426) of Part 1 of Division 4 of the Civil Code and Article 11
4(commencing with Section 1060) of Chapter 4 of Division 8 of
5the Evidence Code, all records required to be kept pursuant to this
6section and implementing regulations shall be subject to inspection
7and copying by thebegin delete department or by a governmental entity
8designated by the department.end delete
begin insert department, but shall not be subject
9to disclosure under the California Public Records Act (Chapter
103.5 (commencing with Section 6250) of Division 7 of Title 1 of the
11Government Code).end insert

begin insert

12(2) In addition, an employee of a government entity may, at the
13disposal facility, inspect and copy records related to tonnage
14received at the facility and originating within its geographic
15jurisdiction. Those records shall include weight tags that identify
16the hauler, vehicle, quantity, date, type, and origin of waste
17disposed of at a landfill. Those records shall be available to those
18government entities for the purposes of subdivision (a) and as
19necessary to fund their local programs, but those records shall
20not be subject to disclosure under the California Public Records
21Act (Chapter 3.5 (commencing with Section 6250) of Division 7
22of Title 1 of the Government Code). Names of haulers using specific
23landfills shall not be disclosed by a government entity unless
24necessary as part of an administrative or judicial enforcement
25proceeding to fund local programs or enforce local franchises.

end insert
begin insert

26(3) A government entity may petition the superior court for
27injunctive or declaratory relief to enforce its authority under
28paragraph (2). The times for responsive pleadings and hearings
29in these proceedings shall be set by the judge of the court with the
30object of securing a decision as to these matters at the earliest
31possible time.

end insert
begin insert

32(4) For purposes of this section, a government entity is an entity
33identified in Section 40145 or an entity formed pursuant to Section
3440976.

end insert
begin delete

35(j)

end delete

36begin insert(h)end insert Notwithstanding the Uniform Electronic Transactions Act
37(Title 2.5 (commencing with Section 1633.1) of Part 2 of Division
383 of the Civil Code), reports required by this section shall be
39submitted electronically, using an electronic reporting format
40system established by the department.

P19   1

begin deleteSEC. 2.end delete
2begin insertSEC. 3.end insert  

Section 41821.6 of the Public Resources Code is
3amended and renumbered to read:

4

41821.9.  

To assist market development efforts by the
5department, local agencies, and the private sector, the department
6shall use existing data resources.

7

begin deleteSEC. 3.end delete
8begin insertSEC. 4.end insert  

Section 41821.6 is added to the Public Resources Code,
9to read:

10

41821.6.  

In order to ensure that records required pursuant to
11this article are properly maintained, in addition to inspectingbegin insert allend insert
12 records, the departmentbegin delete or its designeeend delete may conduct audits, perform
13site inspections, observe facility operations, and otherwise
14investigate the recordkeeping and reporting of persons subject to
15the requirements of this article.

16

begin deleteSEC. 4.end delete
17begin insertSEC. 5.end insert  

Section 41821.7 is added to the Public Resources Code,
18to read:

19

41821.7.  

(a) The department may issue an administrative
20complaint to any person on whom civil liability may be imposed
21pursuant to this article. The complaint shall allege the acts or
22failures to act that constitute the basis for liability and the amount
23of the proposed civil liability. The complaint shall be served by
24personal service or certified mail and shall inform the party so
25served that a hearing shall be conducted within 60 days after the
26party has been served, unless the party waives the right to a hearing.

27(b) If the party waives the right to a hearing, the department
28shall issue an order setting liability in the amount proposed in the
29complaint unless the department and the party have entered into
30a settlement agreement, in which case the department shall issue
31an order setting liability in the amount specified in the settlement
32agreement. If the party has waived the right to a hearing or if the
33department and the party have entered into a settlement agreement,
34the order shall not be subject to review by any court or agency.

35(c) Any hearing required under this section shall be conducted
36by an independent hearing officer according to the procedures
37specified in Chapter 5 (commencing with Section 11500) of Part
381 of Division 3 of Title 2 of the Government Code, except as
39otherwise specified in this section.

P20   1

begin deleteSEC. 5.end delete
2begin insertSEC. 6.end insert  

Section 41821.8 is added to the Public Resources Code,
3to read:

4

41821.8.  

(a) Orders setting civil liability issued under this
5section shall become effective and final upon issuance thereof,
6and payment shall be made within 30 days of issuance. Copies of
7these orders shall be served by personal service or by certified
8mail upon the party served with the complaint and upon other
9persons who appeared at the hearing and requested a copy.

10(b) Within 30 days after service of a copy of a decision, any
11person so served may file with the superior court a petition for
12writ of mandate for review of the decision. Any person who fails
13to file the petition within the 30-day period may not challenge the
14reasonableness or validity of a decision or order of the hearing
15officer in any judicial proceedings brought to enforce the decision
16or order or for other remedies.

17(c) Except as otherwise provided in this section, Section 1094.5
18of the Code of Civil Procedure governs any proceedings conducted
19pursuant to this subdivision.begin delete In all proceedings pursuant to this
20subdivision, the court shall uphold the decision, if the decision is
21based upon substantial evidence in the whole record.end delete

22(d) This section does not prohibit the court from granting any
23appropriate relief within its jurisdiction.

24(e) All penalties collected under this article shall be deposited
25in the Integrated Waste Management Account created pursuant to
26Sectionbegin delete 48001 if the attorney who brought the action represented
27the department, or shall be retained by a city, county, or city and
28county designated pursuant to subdivision (c) of Section 41821.5,
29if the attorney who brought the action represents the city, county,
30or city and county. The moneys retained by the city, county, or
31city and county shall be expended on duties required under this
32article and implementing regulations.end delete
begin insert 48001.end insert



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