Amended in Senate July 16, 2015

Amended in Senate July 2, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 901

Introduced by Assembly Member Gordon

(Coauthor: Assembly Member Williams)

February 26, 2015

An act to amend begin delete Section 6254 of the Government Code, and to amend end delete 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, (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.

begin delete

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 begin 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 begin insert

Existing law, upon the request of any person furnishing any report, notice, application, plan, or other document required by the California Integrated Waste Management Act of 1989, provides that neither the department nor an enforcement agency shall make available for inspection by the public any portion of the report, notice, application, plan, or other document that contains a trade secret, as specified.

end insert begin insert

This bill would make certain waste disposal records subject to this provision, including waste disposal records subject to inspection and copying by the department or a government entity.

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:

begin delete

SECTION 1.  

Section 6254 of the Government Code is amended
to read:

6254.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of
the victim, the factual circumstances surrounding the crime or
incident, and a general description of any injuries, property, or
weapons involved. The name of a victim of any crime defined by
Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
of the November 7, 2006, statewide general election), 288.5, 288.7,
289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
be withheld at the victim’s request, or at the request of the victim’s
parent or guardian if the victim is a minor. When a person is the
victim of more than one crime, information disclosing that the
person is a victim of a crime defined in any of the sections of the
Penal Code set forth in this subdivision may be deleted at the
request of the victim, or the victim’s parent or guardian if the
victim is a minor, in making the report of the crime, or of any
crime or incident accompanying the crime, available to the public
in compliance with the requirements of this paragraph.

(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that
the request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business
and Professions Code. However, the address of the victim of any
crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
6 of Proposition 83 of the November 7, 2006, statewide general
election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
of the Penal Code shall remain confidential. Address information
obtained pursuant to this paragraph may not be used directly or
indirectly, or furnished to another, to sell a product or service to
any individual or group of individuals, and the requester shall
execute a declaration to that effect under penalty of perjury.
Nothing in this paragraph shall be construed to prohibit or limit a
scholarly, journalistic, political, or government use of address
information obtained pursuant to this paragraph.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(v) (1) Records of the Managed Risk Medical Insurance Board
and the State Department of Health Care Services related to
activities governed by Part 6.3 (commencing with Section 12695),
Part 6.5 (commencing with Section 12700), Part 6.6 (commencing
with Section 12739.5), or Part 6.7 (commencing with Section
12739.70) of Division 2 of the Insurance Code, or Chapter 2
(commencing with Section 15810) or Chapter 4 (commencing with
Section 15870) of Part 3.3 of Division 9 of the Welfare and
Institutions Code, and that reveal any of the following:

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

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

(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with
Section 12700), Part 6.6 (commencing with Section 12739.5), or
Part 6.7 (commencing with Section 12739.70) of Division 2 of the
Insurance Code, or Chapter 2 (commencing with Section 15810)
or Chapter 4 (commencing with Section 15870) of Part 3.3 of
Division 9 of the Welfare and Institutions Code, on or after July
1, 1991, shall be open to inspection one year after their effective
dates.

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

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

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

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

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

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

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

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

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

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

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

(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code or Sections
14005.26 and 14005.27 of, or Chapter 3 (commencing with Section
15850) of Part 3.3 of Division 9 of, the Welfare and Institutions
Code, is amended, the amendment shall be open to inspection one
year after the effective date of the amendment.

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

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

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

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

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

(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Emergency Management Agency for
use by that office, including the identity of the person who or entity
that voluntarily submitted the information. As used in this
subdivision, “voluntarily submitted” means submitted in the
absence of the office exercising any legal authority to compel
access to or submission of critical infrastructure information. This
subdivision shall not affect the status of information in the
possession of any other state or local governmental agency.

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

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

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

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

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

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

(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter
4 of Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund’s special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing, underwriting,
claims handling, audits, and collections.

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

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

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

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

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

(7) (A) Except as provided in subparagraph (C), contracts
entered into pursuant to Chapter 4 (commencing with Section
11770) of Part 3 of Division 2 of the Insurance Code shall be open
to inspection one year after the contract has been fully executed.

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

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

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

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

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

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

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

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

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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

41821.5.  

(a) Disposal facility operators shall submit
information on the disposal tonnages by jurisdiction or region of
origin that are disposed of at each disposal facility to the
department, and to counties that request the information. To enable
disposal facility operators to provide that information, solid waste
handlers and transfer station operators shall provide information
to disposal facility operators on the origin of the solid waste that
they deliver to the disposal facility.

(b) Recycling and composting operations and facilities shall
submit periodic information to the department on the types and
quantities of materials that are disposed of, sold, or transferred to
other recycling or composting facilities, end users inside of the
state or outside of the state, or exporters, brokers, or transporters
for sale inside of the state or outside of the state. Exporters, brokers,
and transporters of recyclables or compost shall submit periodic
information to the department on the types, quantities, and
destinations of materials that are disposed of, sold, or transferred.
The information in these reports may be provided on an aggregated
facility-wide basis and need not include financial data, the
jurisdiction of the origin of the materials, or information on the
entities from which the materials are received. The department
may provide this information to jurisdictions, aggregated by
company, upon request. begin delete Information submitted or provided
pursuant to this subdivision shall not be subject to disclosure under
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code). end delete

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

(1) Procedures to ensure that an opportunity to comply is
provided prior to initiation of enforcement authorized by Section
41821.7.

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

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

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

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

(g) (1) Notwithstanding Title 5 (commencing with Section
3426) of Part 1 of Division 4 of the Civil Code and Article 11
(commencing with Section 1060) of Chapter 4 of Division 8 of
the Evidence Code, all records required to be kept pursuant to this
section and implementing regulations shall be subject to inspection
and copying by the begin delete department, but shall not be subject to
disclosure under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). end delete begin insert department. end insert

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

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

(4) For purposes of this section, a government entity is an entity
identified in Section 40145 or an entity formed pursuant to Section
40976.

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

begin insert

(i) All records provided in accordance with this section shall
be subject to Section 40062.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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

41821.9.  

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

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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

41821.6.  

In order to ensure that records required pursuant to
this article are properly maintained, in addition to inspecting all
records, the department may conduct audits, perform site
inspections, observe facility operations, and otherwise investigate
the recordkeeping and reporting of persons subject to the
requirements of this article.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

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

41821.7.  

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

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

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

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

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

41821.8.  

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

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

(c) Except as otherwise provided in this section, Section 1094.5
of the Code of Civil Procedure governs any proceedings conducted
pursuant to this subdivision.

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

(e) All penalties collected under this article shall be deposited
in the Integrated Waste Management Account created pursuant to
Section 48001.