BILL NUMBER: AB 1098 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2007
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 amended, 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. An administering agency is required to utilize specified
enforcement procedures when an administering agency issues an
enforcement order or assesses an administrative penalty, or both, for
a violation of those requirements.
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. make clarifying changes with
regard to the administering agency's enforcement of those provisions.
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
no . State-mandated local program: yes
no .
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 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, 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 , including the hearing 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) (1) Any person or stationary
source that violates this article shall be 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.
hazardous materials.
(b)
(2) Any person or stationary source that knowingly
violates this article after reasonable notice of the violation shall
be liable for administrative penalties in an amount not to exceed
twenty-five thousand dollars ($25,000) 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 any hazardous materials.
(3) 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, including the hearing procedures, specified
in Sections 25404.1.1 and 25404.1.2.
(c)
(b) 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 conviction be punished by
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.