BILL NUMBER: AB 1685	CHAPTERED  10/10/99

	CHAPTER   1014
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 2, 1999
	PASSED THE SENATE   AUGUST 30, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999
	AMENDED IN ASSEMBLY   APRIL 19, 1999

INTRODUCED BY   Committee on Information Technology (Dutra (Chair),
Bates (Vice Chair), Alquist, Briggs, and Ducheny)

                        MARCH 18, 1999

   An act to add Section 25534.06 to, and to repeal Chapter 6.12
(commencing with Section 25405) of Division 20 of, the Health and
Safety Code, relating to regulated substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1685, Committee on Information Technology.    Regulated
substances:  local agencies.
   (1) Existing law requires a city or county that adopts or amends
an ordinance related to acutely hazardous materials to do so at a
public meeting for which notice has been given in a newspaper of
general circulation that is published and circulated in the affected
city or county, and requires the city or county to state in the
ordinance the reasons for adopting or amending the ordinance.
Existing law provides that the program for the prevention of
accidental releases of regulated substances, as defined, adopted
pursuant to the federal Clean Air Act, with certain additional
provisions, is the accidental release prevention program for the
state.
   This bill would repeal the existing provisions concerning
ordinances related to acutely hazardous materials, and would instead
require a city or county that adopts, amends, or repeals an ordinance
related to the regulation of regulated substances, as specified, to
do so at a public meeting for which notice has been given and to
state the reasons for the adoption, amendment, or repeal of the
ordinance, thereby imposing a state-mandated local program by
imposing new duties on local agencies.
   The bill would permit a city or county, in addition to giving that
notice of a public meeting, to submit a notice to the California
Environmental Protection Agency.  The bill would require the agency
to post that notice on the Internet on and after July 1, 2001, unless
authorized to do so on an earlier date in accordance with a process
for considering exemptions established by the Year 2000 Executive
Committee.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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


  SECTION 1.  Chapter 6.12 (commencing with Section 25405) of
Division 20 of the Health and Safety Code is repealed.
  SEC. 2.  Section 25534.06 is added to the Health and Safety Code,
to read:
   25534.06.  (a) A city or county that adopts, amends, or repeals an
ordinance related to the regulation of regulated substances pursuant
to this article shall do so at a public meeting for which notice has
been given in a newspaper of general circulation that is published
and circulated in the affected city or county, and the city or county
shall state in the ordinance the reasons for adopting, amending, or
repealing the ordinance.
   (b) A city or county required to provide notice pursuant to
subdivision (a) may, in addition to publishing the notice in a
newspaper of general circulation, submit the notice to the California
Environmental Protection Agency, which shall post that notice on the
Internet at a location established for notices that may be posted
pursuant to this subdivision.
   (c) The California Environmental Protection Agency shall not
implement subdivision (b) until July 1, 2001, unless otherwise
authorized to do so on an earlier date, in accordance with a process
for considering exemptions established by the Year 2000 Executive
Committee, pursuant to Executive Order D-3-99.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.