BILL NUMBER: AB 1098 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Saldana
FEBRUARY 23, 2007
An act to amend Sections 25514.5 and 25540 of the Health and
Safety Code, relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 1098, as introduced, Saldana. Hazardous materials:
administrative: penalties: liability.
(1) Existing law requires that, in order to protect the public
health and safety and the environment, a business, as defined,
establish and implement a business plan, meeting specified
requirements, relating to the handling and release or threatened
release of hazardous materials. A business that violates or knowingly
violates any provision with regard to the business plan is liable to
an administering agency for a prescribed administrative penalty.
This bill would remove the requirement that the amount of the
administrative penalty be set by the governing board of the
administrative agency.
(2) Existing law requires the implementation of the federal
accident release prevention program, established pursuant to the
federal Clean Air Act, with regard to the handling and storage of
chemical and hazardous substances, along with certain amendments
specific to the state. If there is a violation of the provisions of
the program, specified administrative civil liability shall be
imposed. If there is a knowing violation of the provisions of the
program, after reasonable notice, specified administrative civil
liability shall be imposed, and upon conviction the person may be
punished by imprisonment in the county jail for not more than one
year.
This bill would require that a person or stationary source, as
defined, that knowingly violates the provisions of the program, after
reasonable notice and upon conviction, be punished by a fine not to
exceed $25,000 and imprisonment in the county jail for not more than
one year.
Because this bill would create a new crime, it would impose a
state-mandated local program.
(3) 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25514.5 of the Health and Safety Code is
amended to read:
25514.5. (a) Notwithstanding Section 25514, any business that
violates this article is liable to an administering agency for an
administrative penalty , in an amount which shall be set by
the governing body of the administering agency, but not
greater than two thousand dollars ($2,000) for each day in which the
violation occurs. If the violation results in, or significantly
contributes to, an emergency, including a fire or health or medical
problem requiring toxicological, health, or medical consultation, the
business shall also be assessed the full cost of the county, city,
fire district, local EMS agency designated pursuant to Section
1797.200, or poison control center as defined by Section 1797.97,
emergency response, as well as the cost of cleaning up and disposing
of the hazardous materials, or acutely hazardous materials.
(b) Notwithstanding Section 25514, any business that knowingly
violates this article after reasonable notice of the violation is
liable for an administrative penalty, in an amount which
shall be set by the governing body of the administering agency, but
not greater than five thousand dollars ($5,000) for each
day in which the violation occurs.
(c) When an administering agency issues an enforcement order or
assesses an administrative penalty, or both, for a violation of this
article, the administering agency shall utilize the administrative
enforcement procedures specified in Sections 25404.1.1 and 25404.1.2.
SEC. 2. Section 25540 of the Health and Safety Code is amended to
read:
25540. (a) Any person or stationary source that violates this
article shall be civilly liable to the administering agency
liable for administrative penalties in an amount
of not more than two thousand dollars ($2,000) for each day in which
the violation occurs. If the violation results in, or significantly
contributes to, an emergency, including a fire, the person or
stationary source shall also be assessed the full cost of the county
or city emergency response, as well as the cost of cleaning up and
disposing of the hazardous materials. When an administering agency
issues an enforcement order or assesses an administrative penalty, or
both, for a violation of this chapter, the administering agency
shall utilize the administrative enforcement procedures specified in
Sections 25404.1.1 and 25404.1.2.
(b) Any person or stationary source that knowingly violates this
article after reasonable notice of the violation shall be
civilly liable to the administering agency liable for
administrative penalties in an amount not to exceed twenty-five
thousand dollars ($25,000) for each day in which the violation
occurs and upon conviction, may be punished by imprisonment
in the county jail for not more than one year . If the
violation results in, or significantly contributes to, an emergency,
including a fire, the person or stationary source shall also be
assessed the full cost of the county or city emergency response, as
well as the cost of cleaning up and disposing of any hazardous
materials.
(c) Any person or stationary source that knowingly violates this
article after reasonable notice of the violation shall upon
conviction be punished by a fine in an amount not to exceed
twenty-five thousand dollars ($25,000) for each day that the
violation occurs and imprisonment in the county jail not to exceed
one year. If the violation results in, or significantly contributes
to an emergency, including a fire, the person or stationary source
shall also be assessed the full cost of the county or city emergency
response, as well as the cost of cleaning up and disposing of any
hazardous materials.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.