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, (1) requiring recycling and composting operations and facilities to submit specified information directly to the department, rather than to counties, (2) requiring disposal facility operators to submit tonnage information to the department, and to counties only on request, and (3) deleting the requirement for counties to submit that information to cities, regional agencies, and the department. The bill would delete references to periodic tracking surveys. 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. 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 would 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. The bill would require recovered civil penalties to be deposited in the Integrated Waste Management Account.
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 delete
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 delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6254 of the Government Code is amended
Except as provided in Sections 6254.7 and 6254.13, this
4chapter does not require the disclosure of any of the following
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:
P4 1(1) Applications filed with any state agency responsible for the
2regulation or supervision of the issuance of securities or of financial
3institutions, including, but not limited to, banks, savings and loan
4associations, industrial loan companies, credit unions, and
6(2) Examination, operating, or condition reports prepared by,
7on behalf of, or for the use of, any state agency referred to in
9(3) Preliminary drafts, notes, or interagency or intra-agency
10communications prepared by, on behalf of, or for the use of, any
11state agency referred to in paragraph (1).
12(4) Information received in confidence by any state agency
13referred to in paragraph (1).
14(e) Geological and geophysical data, plant production data, and
15similar information relating to utility systems development, or
16market or crop reports, that are obtained in confidence from any
18(f) Records of complaints to, or investigations conducted by,
19or records of intelligence information or security procedures of,
20the office of the Attorney General and the Department of Justice,
21the Office of Emergency Services and any state or local police
22agency, or any investigatory or security files compiled by any other
23state or local police agency, or any investigatory or security files
24compiled by any other state or local agency for correctional, law
25enforcement, or licensing purposes. However, state and local law
26enforcement agencies shall disclose the names and addresses of
27persons involved in, or witnesses other than confidential informants
28to, the incident, the description of any property involved, the date,
29time, and location of the incident, all diagrams, statements of the
30parties involved in the incident, the statements of all witnesses,
31other than confidential informants, to the victims of an incident,
32or an authorized representative thereof, an insurance carrier against
33which a claim has been or might be made, and any person suffering
34bodily injury or property damage or loss, as the result of the
35incident caused by arson, burglary, fire, explosion, larceny,
36robbery, carjacking, vandalism, vehicle theft, or a crime as defined
37by subdivision (b) of Section 13951, unless the disclosure would
38endanger the safety of a witness or other person involved in the
39investigation, or unless disclosure would endanger the successful
40completion of the investigation or a related investigation. However,
P5 1nothing in this division shall require the disclosure of that portion
2of those investigative files that reflects the analysis or conclusions
3of the investigating officer.
4Customer lists provided to a state or local police agency by an
5alarm or security company at the request of the agency shall be
6construed to be records subject to this subdivision.
7Notwithstanding any other provision of this subdivision, state
8and local law enforcement agencies shall make public the following
9information, except to the extent that disclosure of a particular
10item of information would endanger the safety of a person involved
11in an investigation or would endanger the successful completion
12of the investigation or a related investigation:
13(1) The full name and occupation of every individual arrested
14by the agency, the individual’s physical description including date
15of birth, color of eyes and hair, sex, height and weight, the time
16and date of arrest, the time and date of booking, the location of
17the arrest, the factual circumstances surrounding the arrest, the
18amount of bail set, the time and manner of release or the location
19 where the individual is currently being held, and all charges the
20individual is being held upon, including any outstanding warrants
21from other jurisdictions and parole or probation holds.
22(2) Subject to the restrictions imposed by Section 841.5 of the
23Penal Code, the time, substance, and location of all complaints or
24requests for assistance received by the agency and the time and
25nature of the response thereto, including, to the extent the
26information regarding crimes alleged or committed or any other
27incident investigated is recorded, the time, date, and location of
28occurrence, the time and date of the report, the name and age of
29the victim, the factual circumstances surrounding the crime or
30incident, and a general description of any injuries, property, or
31weapons involved. The name of a victim of any crime defined by
32Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
33266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
34286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
35Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
36of the November 7, 2006, statewide general election), 288.5, 288.7,
37289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
38be withheld at the victim’s request, or at the request of the victim’s
39parent or guardian if the victim is a minor. When a person is the
40victim of more than one crime, information disclosing that the
P6 1person is a victim of a crime defined in any of the sections of the
2Penal Code set forth in this subdivision may be deleted at the
3request of the victim, or the victim’s parent or guardian if the
4victim is a minor, in making the report of the crime, or of any
5crime or incident accompanying the crime, available to the public
6in compliance with the requirements of this paragraph.
7(3) Subject to the restrictions of Section 841.5 of the Penal Code
8and this subdivision, the current address of every individual
9arrested by the agency and the current address of the victim of a
10crime, where the requester declares under penalty of perjury that
11the request is made for a scholarly, journalistic, political, or
12governmental purpose, or that the request is made for investigation
13purposes by a licensed private investigator as described in Chapter
1411.3 (commencing with Section 7512) of Division 3 of the Business
15and Professions Code. However, the address of the victim of any
16crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
17265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
18273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
19Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
206 of Proposition 83 of the November 7, 2006, statewide general
21 election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
22of the Penal Code shall remain confidential. Address information
23obtained pursuant to this paragraph may not be used directly or
24indirectly, or furnished to another, to sell a product or service to
25any individual or group of individuals, and the requester shall
26execute a declaration to that effect under penalty of perjury.
27Nothing in this paragraph shall be construed to prohibit or limit a
28scholarly, journalistic, political, or government use of address
29information obtained pursuant to this paragraph.
30(g) Test questions, scoring keys, and other examination data
31used to administer a licensing examination, examination for
32employment, or academic examination, except as provided for in
33Chapter 3 (commencing with Section 99150) of Part 65 of Division
3414 of Title 3 of the Education Code.
35(h) The contents of real estate
appraisals or engineering or
36feasibility estimates and evaluations made for or by the state or
37local agency relative to the acquisition of property, or to
38prospective public supply and construction contracts, until all of
39the property has been acquired or all of the contract agreement
P7 1 obtained. However, the law of eminent domain shall not be affected
2by this provision.
3(i) Information required from any taxpayer in connection with
4the collection of local taxes that is received in confidence and the
5disclosure of the information to other persons would result in unfair
6competitive disadvantage to the person supplying the information.
7(j) Library circulation records kept for the purpose of identifying
8the borrower of items available in libraries, and library and museum
9materials made or acquired and presented solely for reference or
10exhibition purposes. The exemption in this subdivision shall not
11apply to records of fines imposed on the borrowers.
12(k) Records, the disclosure of which is exempted or prohibited
13pursuant to federal or state law, including, but not limited to,
14provisions of the Evidence Code relating to privilege.
15(l) Correspondence of and to the Governor or employees of the
16Governor’s office or in the custody of or maintained by the
17Governor’s Legal Affairs Secretary. However, public records shall
18not be transferred to the custody of the Governor’s Legal Affairs
19Secretary to evade the disclosure provisions of this chapter.
20(m) In the custody of or maintained by the Legislative Counsel,
21except those records in the public database maintained by the
22Legislative Counsel that are described in Section 10248.
23(n) Statements of personal worth or personal financial data
24required by a licensing agency and filed by an applicant with the
25licensing agency to establish his or her personal qualification for
26the license, certificate, or permit applied for.
27(o) Financial data contained in applications for financing under
28Division 27 (commencing with Section 44500) of the Health and
29Safety Code, where an authorized officer of the California Pollution
30Control Financing Authority determines that disclosure of the
31financial data would be competitively injurious to the applicant
32and the data is required in order to obtain guarantees from the
33United States Small Business Administration. The California
34Pollution Control Financing Authority shall adopt rules for review
35of individual requests for confidentiality under this section and for
36making available to the public those portions of an application that
37are subject to disclosure under this chapter.
38(p) Records of state agencies related to activities governed by
39Chapter 10.3 (commencing with Section 3512), Chapter 10.5
40(commencing with Section 3525), and Chapter 12 (commencing
P8 1with Section 3560) of Division 4, that reveal a state agency’s
2deliberative processes, impressions, evaluations, opinions,
3recommendations, meeting minutes, research, work products,
4theories, or strategy, or that provide instruction, advice, or training
5to employees who do not have full collective bargaining and
6representation rights under these chapters. Nothing in this
7subdivision shall be construed to limit the disclosure duties of a
8state agency with respect to any other records relating to the
9activities governed by the employee relations acts referred to in
11(q) (1) Records of state agencies related to activities governed
12by Article 2.6 (commencing with Section 14081), Article 2.8
13(commencing with Section 14087.5), and Article 2.91
14(commencing with Section 14089) of Chapter 7 of Part 3 of
15Division 9 of the Welfare and Institutions Code, that reveal the
16special negotiator’s deliberative processes, discussions,
17communications, or any other portion of the negotiations with
18providers of health care services, impressions, opinions,
19recommendations, meeting minutes, research, work product,
20theories, or strategy, or that provide instruction, advice, or training
22(2) Except for the portion of a contract containing the rates of
23payment, contracts for inpatient services entered into pursuant to
24these articles, on or after April 1, 1984, shall be open to inspection
25one year after they are fully executed. If a contract for inpatient
26services that is entered into prior to April 1, 1984, is amended on
27or after April 1, 1984, the amendment, except for any portion
28containing the rates of payment, shall be open to inspection one
29year after it is fully executed. If the California Medical Assistance
30Commission enters into contracts with health care providers for
31other than inpatient hospital services, those contracts shall be open
32to inspection one year after they are fully executed.
33(3) Three years after a contract or amendment is open to
34inspection under this subdivision, the portion of the contract or
35amendment containing the rates of payment shall be open to
37(4) Notwithstanding any other law, the entire contract or
38amendment shall be open to inspection by the Joint Legislative
39Audit Committee and the Legislative Analyst’s Office. The
40committee and that office shall maintain the confidentiality of the
P9 1contracts and amendments until the time a contract or amendment
2is fully open to inspection by the public.
3(r) Records of Native American graves, cemeteries, and sacred
4places and records of Native American places, features, and objects
5described in Sections 5097.9 and 5097.993 of the Public Resources
6Code maintained by, or in the possession of, the Native American
7Heritage Commission, another state agency, or a local agency.
8(s) A final accreditation report of the Joint Commission on
9Accreditation of Hospitals that has been transmitted to the State
10Department of Health Care Services pursuant to subdivision (b)
11of Section 1282 of the Health and Safety Code.
12(t) Records of a local hospital district, formed pursuant to
13Division 23 (commencing with Section 32000) of the Health and
14Safety Code, or the records of a municipal hospital, formed
15pursuant to Article 7 (commencing with Section 37600) or Article
168 (commencing with Section 37650) of Chapter 5 of Part 2 of
17Division 3 of Title 4 of this code, that relate to any contract with
18an insurer or nonprofit hospital service plan for inpatient or
19outpatient services for alternative rates pursuant to Section 10133
20of the Insurance Code. However, the record shall be open to
21inspection within one year after the contract is fully executed.
22(u) (1) Information contained in applications for licenses to
23carry firearms issued pursuant to Section 26150, 26155, 26170,
24or 26215 of the Penal Code by the sheriff of a county or the chief
25or other head of a municipal police department that indicates when
26or where the applicant is vulnerable to attack or that concerns the
27applicant’s medical or psychological history or that of members
28of his or her family.
29(2) The home address and telephone number of prosecutors,
30public defenders, peace officers, judges, court commissioners, and
31magistrates that are set forth in applications for licenses to carry
32firearms issued pursuant to Section 26150, 26155, 26170, or 26215
33of the Penal Code by the sheriff of a county or the chief or other
34head of a municipal police department.
35(3) The home address and telephone number of prosecutors,
36public defenders, peace officers, judges, court commissioners, and
37magistrates that are set forth in licenses to carry firearms issued
38pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
39Code by the sheriff of a county or the chief or other head of a
40municipal police department.
P10 1(v) (1) Records of the Managed Risk Medical Insurance Board
2and the State Department of Health Care Services related to
3activities governed by Part 6.3 (commencing with Section 12695),
4Part 6.5 (commencing with Section 12700), Part 6.6 (commencing
5with Section 12739.5), or Part 6.7 (commencing with Section
612739.70) of Division 2 of the Insurance Code, or Chapter 2
7(commencing with Section 15810) or Chapter 4 (commencing with
8Section 15870) of Part 3.3 of Division 9 of the Welfare and
9Institutions Code, and that reveal any of the following:
10(A) The deliberative processes, discussions, communications,
11or any other portion of the negotiations with entities contracting
12or seeking to contract with the board or the department, entities
13with which the board or the department is considering a contract,
14or entities with which the board or department is considering or
15enters into any other arrangement under which the board or the
16department provides, receives, or arranges services or
18(B) The impressions, opinions, recommendations, meeting
19minutes, research, work product, theories, or strategy of the board
20or its staff or the department or its staff, or records that provide
21instructions, advice, or training to their employees.
22(2) (A) Except for the portion of a contract that contains the
23rates of payment, contracts entered into pursuant to Part 6.3
24(commencing with Section 12695), Part 6.5 (commencing with
25Section 12700), Part 6.6 (commencing with Section 12739.5), or
26Part 6.7 (commencing with Section 12739.70) of Division 2 of the
27Insurance Code, or Chapter 2 (commencing with Section 15810)
28or Chapter 4 (commencing with Section 15870) of Part 3.3 of
29Division 9 of the Welfare and Institutions Code, on or after July
301, 1991, shall be open to inspection one year after their effective
32(B) If a contract that is entered into prior to July 1, 1991, is
33amended on or after July 1, 1991, the amendment, except for any
34portion containing the rates of payment, shall be open to inspection
35one year after the effective date of the amendment.
36(3) Three years after a contract or amendment is open to
37inspection pursuant to this subdivision, the portion of the contract
38or amendment containing the rates of payment shall be open to
P11 1(4) Notwithstanding any other law, the entire contract or
2amendments to a contract shall be open to inspection by the Joint
3Legislative Audit Committee. The committee shall maintain the
4confidentiality of the contracts and amendments thereto, until the
5contracts or amendments to the contracts are open to inspection
6pursuant to paragraph (3).
7(w) (1) Records of the Managed Risk Medical Insurance Board
8related to activities governed by Chapter 8 (commencing with
9Section 10700) of Part 2 of Division 2 of the Insurance Code, and
10that reveal the deliberative processes, discussions, communications,
11or any other portion of the negotiations with health plans, or the
12impressions, opinions, recommendations, meeting minutes,
13research, work product, theories, or strategy of the board or its
14staff, or records that provide instructions, advice, or training to
16(2) Except for the portion of a contract that contains the rates
17of payment, contracts for health coverage entered into pursuant to
18Chapter 8 (commencing with Section 10700) of Part 2 of Division
192 of the Insurance Code, on or after January 1, 1993, shall be open
20to inspection one year after they have been fully executed.
21(3) Notwithstanding any other law, the entire contract or
22amendments to a contract shall be open to inspection by the Joint
23Legislative Audit Committee. The committee shall maintain the
24confidentiality of the contracts and amendments thereto, until the
25contracts or amendments to the contracts are open to inspection
26pursuant to paragraph (2).
27(x) Financial data contained in applications for registration, or
28registration renewal, as a service contractor filed with the Director
29of Consumer Affairs pursuant to Chapter 20 (commencing with
30Section 9800) of Division 3 of the Business and Professions Code,
31for the purpose of establishing the service contractor’s net worth,
32or financial data regarding the funded accounts held in escrow for
33service contracts held in force in this state by a service contractor.
34(y) (1) Records of the Managed Risk Medical Insurance Board
35and the State Department of Health Care Services related to
36activities governed by Part 6.2 (commencing with Section 12693)
37or Part 6.4 (commencing with Section 12699.50) of Division 2 of
38the Insurance Code or Sections 14005.26 and 14005.27 of, or
39Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
P12 19 of, the Welfare and Institutions Code, if the records reveal any
2of the following:
3(A) The deliberative processes, discussions, communications,
4or any other portion of the negotiations with entities contracting
5or seeking to contract with the board or the department, entities
6with which the board or department is considering a contract, or
7entities with which the board or department is considering or enters
8into any other arrangement under which the board or department
9provides, receives, or arranges services or reimbursement.
10(B) The impressions, opinions, recommendations, meeting
11minutes, research, work product, theories, or strategy of the board
12or its staff, or the department or its staff, or records that provide
13instructions, advice, or training to employees.
14(2) (A) Except for the portion of a contract that contains the
15rates of payment, contracts entered into pursuant to Part 6.2
16(commencing with Section 12693) or Part 6.4 (commencing with
17Section 12699.50) of Division 2 of the Insurance Code, on or after
18January 1, 1998, or Sections 14005.26 and 14005.27 of, or Chapter
193 (commencing with Section 15850) of Part 3.3 of Division 9 of,
20the Welfare and Institutions Code shall be open to inspection one
21year after their effective dates.
22(B) If a contract entered into pursuant to Part 6.2 (commencing
23with Section 12693) or Part 6.4 (commencing with Section
2412699.50) of Division 2 of the Insurance Code or Sections
2514005.26 and 14005.27 of, or Chapter 3 (commencing with Section
2615850) of Part 3.3 of Division 9 of, the Welfare and Institutions
27Code, is amended, the amendment shall be open to inspection one
28year after the effective date of the amendment.
29(3) Three years after a contract or amendment is open to
30inspection pursuant to this subdivision, the portion of the contract
31or amendment containing the rates of payment shall be open to
33(4) Notwithstanding any other law, the entire contract or
34amendments to a contract shall be open to inspection by the Joint
35Legislative Audit Committee. The committee shall maintain the
36confidentiality of the contracts and amendments thereto until the
37contract or amendments to a contract are open to inspection
38pursuant to paragraph (2) or (3).
39(5) The exemption from disclosure provided pursuant to this
40subdivision for the contracts, deliberative processes, discussions,
P13 1communications, negotiations, impressions, opinions,
2recommendations, meeting minutes, research, work product,
3theories, or strategy of the board or its staff, or the department or
4its staff, shall also apply to the contracts, deliberative processes,
5discussions, communications, negotiations, impressions, opinions,
6recommendations, meeting minutes, research, work product,
7theories, or strategy of applicants pursuant to Part 6.4 (commencing
8with Section 12699.50) of Division 2 of the Insurance Code or
9Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
109 of the Welfare and Institutions Code.
11(z) Records obtained pursuant to paragraph (2) of subdivision
12(f) of Section 2891.1 of the Public Utilities Code.
13(aa) A document prepared by or for a state or local agency that
14assesses its vulnerability to terrorist attack or other criminal acts
15intended to disrupt the public agency’s operations and that is for
16distribution or consideration in a closed session.
17(ab) Critical infrastructure information, as defined in Section
18131(3) of Title 6 of the United States Code, that is voluntarily
19submitted to the California Emergency Management Agency for
20use by that office, including the identity of the person who or entity
21that voluntarily submitted the information. As used in this
22subdivision, “voluntarily submitted” means submitted in the
23absence of the office exercising any legal authority to compel
24access to or submission of critical infrastructure information. This
25subdivision shall not affect the status of information in the
26possession of any other state or local governmental agency.
27(ac) All information provided to the Secretary of State by a
28person for the purpose of registration in the Advance Health Care
29Directive Registry, except that those records shall be released at
30the request of a health care provider, a public guardian, or the
31registrant’s legal representative.
32(ad) The following records of the State Compensation Insurance
34(1) Records related to claims pursuant to Chapter 1
35(commencing with Section 3200) of Division 4 of the Labor Code,
36to the extent that confidential medical information or other
37individually identifiable information would be disclosed.
38(2) Records related to the discussions, communications, or any
39other portion of the negotiations with entities contracting or seeking
40to contract with the fund, and any related deliberations.
P14 1(3) Records related to the impressions, opinions,
2recommendations, meeting minutes of meetings or sessions that
3are lawfully closed to the public, research, work product, theories,
4or strategy of the fund or its staff, on the development of rates,
5contracting strategy, underwriting, or competitive strategy pursuant
6to the powers granted to the fund in Chapter 4 (commencing with
7Section 11770) of Part 3 of Division 2 of the Insurance Code.
8(4) Records obtained to provide workers’ compensation
9insurance under Chapter 4 (commencing with Section 11770) of
10Part 3 of Division 2 of the Insurance Code, including, but not
11limited to, any medical claims information, policyholder
12information provided that nothing in this paragraph shall be
13interpreted to prevent an insurance agent or broker from obtaining
14proprietary information or other information authorized by law to
15be obtained by the agent or broker, and information on rates,
16pricing, and claims handling received from brokers.
17(5) (A) Records that are trade secrets pursuant to Section
186276.44, or Article 11 (commencing with Section 1060) of Chapter
194 of Division 8 of the Evidence Code, including without limitation,
20instructions, advice, or training provided by the State Compensation
21Insurance Fund to its board members, officers, and employees
22regarding the fund’s special investigation unit, internal audit unit,
23and informational security, marketing, rating, pricing, underwriting,
24claims handling, audits, and collections.
25(B) Notwithstanding subparagraph (A), the portions of records
26containing trade secrets shall be available for review by the Joint
27Legislative Audit Committee, the Bureau of State Audits, Division
28of Workers’ Compensation, and the Department of Insurance to
29ensure compliance with applicable law.
30(6) (A) Internal audits containing proprietary information and
31the following records that are related to an internal audit:
32(i) Personal papers and correspondence
of any person providing
33assistance to the fund when that person has requested in writing
34that his or her papers and correspondence be kept private and
35confidential. Those papers and correspondence shall become public
36records if the written request is withdrawn, or upon order of the
38(ii) Papers, correspondence, memoranda, or any substantive
39information pertaining to any audit not completed or an internal
40audit that contains proprietary information.
P15 1(B) Notwithstanding subparagraph (A), the portions of records
2containing proprietary information, or any information specified
3in subparagraph (A) shall be available for review by the Joint
4Legislative Audit Committee, the Bureau of State Audits, Division
5of Workers’ Compensation, and the Department of Insurance to
6ensure compliance with applicable law.
7(7) (A) Except as provided in subparagraph (C), contracts
8entered into pursuant to Chapter 4 (commencing with Section
911770) of Part 3 of Division 2 of the Insurance Code shall be open
10to inspection one year after the contract has been fully executed.
11(B) If a contract entered into pursuant to Chapter 4 (commencing
12with Section 11770) of Part 3 of Division 2 of the Insurance Code
13is amended, the amendment shall be open to inspection one year
14after the amendment has been fully executed.
15(C) Three years after a contract or amendment is open to
16inspection pursuant to this subdivision, the portion of the contract
17or amendment containing the rates of payment shall be open to
19(D) Notwithstanding any other law, the entire contract or
20amendments to a contract shall be open to inspection by the Joint
21 Legislative Audit Committee. The committee shall maintain the
22confidentiality of the contracts and amendments thereto until the
23contract or amendments to a contract are open to inspection
24pursuant to this paragraph.
25(E) This paragraph is not intended to apply to documents related
26to contracts with public entities that are not otherwise expressly
27confidential as to that public entity.
28(F) For purposes of this paragraph, “fully executed” means the
29point in time when all of the necessary parties to the contract have
30signed the contract.
31(ae) Records relating to waste disposal required to be kept
32pursuant to subdivision (b) or (g) of Section 41821.5 of the Public
33Resources Code, and pursuant to any implementing regulations,
34that are subject to inspection and copying by the Department of
35Resources Recycling and Recovery, or a government entity as
36defined in paragraph (4) of subdivision (g) of Section 41821.5 of
37the Public Resources Code.
38This section shall not prevent any agency from opening its
39records concerning the administration of the agency to public
40inspection, unless disclosure is otherwise prohibited by law.
P16 1This section shall not prevent any health facility from disclosing
2to a certified bargaining agent relevant financing information
3pursuant to Section 8 of the National Labor Relations Act (29
4U.S.C. Sec. 158).
Section 41821.5 of the Public Resources Code is
7amended to read:
(a) Disposal facility operators shall submit
9information on the disposal tonnages by jurisdiction or region of
10origin that are disposed of at each disposal facility to the
11department, and to counties that request the information. To enable
12disposal facility operators to provide that information, solid waste
13handlers and transfer station operators shall provide information
14to disposal facility operators on the origin of the solid waste that
15they deliver to the disposal facility.
16(b) Recycling and composting operations and facilities shall
17submit periodic information to the department on the types and
18quantities of materials that are disposed of, sold, or transferred to
19other recycling or composting facilities, end users inside of the
20state or outside of the state, or exporters, brokers, or transporters
21for sale inside of the state or outside of the state. Exporters, brokers,
22and transporters of recyclables or compost shall submit periodic
23information to the department on the types, quantities, and
24destinations of materials that are disposed of, sold, or transferred.
25The information in these reports may be provided on an aggregated
26facility-wide basis and need not include financial data, the
27jurisdiction of the origin of the materials, or information on the
28entities from which the materials are received. The department
29may provide this information to jurisdictions, aggregated by
30company, upon request.
begin delete Information submitted or provided
31pursuant to this subdivision shall not be subject to disclosure under
32the California Public Records Act (Chapter 3.5 (commencing with
33Section 6250) of Division 7 of Title 1 of the Government Code).end delete
34(c) The department may adopt regulations pursuant to this
35section requiring practices and procedures that are reasonable and
36necessary to implement this section, and that provide a
37representative accounting of solid wastes and recyclable materials
38that are handled, processed, or disposed. Those regulations
39approved by the department shall not impose an unreasonable
40burden on waste and recycling handling, processing, or disposal
P17 1operations or otherwise interfere with the safe handling, processing,
2and disposal of solid waste and recyclables. To the extent
3regulations are adopted, the department shall include in those
4regulations both of the following:
5(1) Procedures to ensure that an opportunity
to comply is
6provided prior to initiation of enforcement authorized by Section
8(2) Factors to be considered in determining penalty amounts
9that are similar to those provided in Section 45016.
10(d) Any person who refuses or fails to submit information
11required by regulations adopted pursuant to this section is liable
12for a civil penalty of not less than five hundred dollars ($500) and
13not more than five thousand dollars ($5,000) for each violation of
14a separate provision or, for continuing violations, for each day that
15the violation continues.
16(e) Any person who knowingly or willfully files a false report,
17or any person who refuses to permit the department or any of its
18representatives to make inspection or examination of records, or
19who fails to keep any records for the inspection of the department,
20or who alters, cancels, or obliterates entries in the records for the
21purpose of falsifying the records as required by regulations adopted
22pursuant to this section, is liable for a civil penalty of not less than
23five hundred dollars ($500) and not more than ten thousand dollars
24($10,000) for each violation of a separate provision or, for
25continuing violations, for each day that the violation continues.
26(f) Liability under this section may be imposed in a civil action,
27or liability may be imposed administratively pursuant to this article.
28(g) (1) Notwithstanding Title 5 (commencing with Section
293426) of Part 1 of Division 4 of the Civil Code and Article 11
30(commencing with Section 1060) of Chapter 4 of Division 8 of
31the Evidence Code, all records required to be kept pursuant to this
32section and implementing regulations shall be subject to inspection
33and copying by the
department, but shall not be subject to
34disclosure under the California Public Records Act (Chapter 3.5
35(commencing with Section 6250) of Division 7 of Title 1 of the
36Government Code).end delete
37(2) In addition, an employee of a government entity may, at the
38disposal facility, inspect and copy records related to tonnage
39received at the facility and originating within its geographic
40jurisdiction. Those records shall include weight tags that identify
P18 1the hauler, vehicle, quantity, date, type, and origin of waste
2disposed of at a landfill. Those records shall be available to those
3government entities for the purposes of subdivision (a) and as
4necessary to fund their local
begin delete programs, but those records shall not
5be subject to disclosure under the California Public Records Act
6(Chapter 3.5 (commencing with Section 6250) of Division 7 of
7 Title 1 of the Government Code).end delete
8using specific landfills shall not be disclosed by a government
9entity unless necessary as part of an administrative or judicial
10enforcement proceeding to fund local programs or enforce local
12(3) A government entity may petition the superior court for
13injunctive or declaratory relief to enforce its authority under
14paragraph (2). The times for responsive pleadings and hearings in
15these proceedings shall be set by the judge of the court with the
16object of securing a decision as to these matters at the earliest
18(4) For purposes of this section, a government entity is an entity
19identified in Section 40145 or an entity formed pursuant to Section
21(h) Notwithstanding the Uniform Electronic Transactions Act
22(Title 2.5 (commencing with Section 1633.1) of Part 2 of Division
233 of the Civil Code), reports required by this section shall be
24submitted electronically, using an electronic reporting format
25system established by the department.
Section 41821.6 of the Public Resources Code is
30amended and renumbered to read:
To assist market development efforts by the
32department, local agencies, and the private sector, the department
33shall use existing data resources.
Section 41821.6 is added to the Public Resources Code,
In order to ensure that records required pursuant to
38this article are properly maintained, in addition to inspecting all
39records, the department may conduct audits, perform site
40inspections, observe facility operations, and otherwise investigate
P19 1the recordkeeping and reporting of persons subject to the
2requirements of this article.
Section 41821.7 is added to the Public Resources Code,
(a) The department may issue an administrative
7complaint to any person on whom civil liability may be imposed
8pursuant to this article. The complaint shall allege the acts or
9failures to act that constitute the basis for liability and the amount
10of the proposed civil liability. The complaint shall be served by
11personal service or certified mail and shall inform the party so
12served that a hearing shall be conducted within 60 days after the
13party has been served, unless the party waives the right to a hearing.
14(b) If the party waives the right to a hearing, the department
15shall issue an order setting liability in the amount proposed in the
16complaint unless the department and the party have entered into
17a settlement agreement, in which case the department shall issue
18an order setting liability in the amount specified in the settlement
19agreement. If the party has waived the right to a hearing or if the
20department and the party have entered into a settlement agreement,
21the order shall not be subject to review by any court or agency.
22(c) Any hearing required under this section shall be conducted
23by an independent hearing officer according to the procedures
24specified in Chapter 5 (commencing with Section 11500) of Part
251 of Division 3 of Title 2 of the Government Code, except as
26otherwise specified in this section.
Section 41821.8 is added to the Public Resources Code,
(a) Orders setting civil liability issued under this
31section shall become effective and final upon issuance thereof,
32and payment shall be made within 30 days of issuance. Copies of
33these orders shall be served by personal service or by certified
34mail upon the party served with the complaint and upon other
35persons who appeared at the hearing and requested a copy.
36(b) Within 30 days after service of a copy of a decision, any
37person so served may file with the superior court a petition for
38writ of mandate for review of the decision. Any person who fails
39to file the petition within the 30-day period may not challenge the
40reasonableness or validity of a decision or order of the hearing
P20 1officer in any judicial proceedings brought to enforce the decision
2or order or for other remedies.
3(c) Except as otherwise provided in this section, Section 1094.5
4of the Code of Civil Procedure governs any proceedings conducted
5pursuant to this subdivision.
6(d) This section does not prohibit the court from granting any
7appropriate relief within its jurisdiction.
8(e) All penalties collected under this article shall be deposited
9in the Integrated Waste Management Account created pursuant to