BILL NUMBER: AB 1098 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 3, 2007
AMENDED IN SENATE MAY 29, 2007
AMENDED IN ASSEMBLY APRIL 16, 2007
INTRODUCED BY Assembly Member Saldana
FEBRUARY 23, 2007
An act to amend Sections 25514.5 and 25540 of , and to add
Section 2 5540.1 to, 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 a
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 make clarifying changes with regard to
the administering agency's enforcement of those provisions
instead provide that the person or stationary source that
violates those provisions is civilly liable to the administering
agency. The bill would specify that a person or stationary source
that knowingly violates those provisions after reasonable notice of
the violation is guilty of a misdemeanor .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: 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 this
article shall be civilly liable to the administering agency 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.
(2)
(b) 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 civilly liable to the administering
agency in a amount not to exceed twenty-f ive
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)
(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.
(b) Any person or stationary source that knowingly violates this
article after reasonable notice of the violation may upon 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. Section 25540.1 is added to the
Health and Safety Code , to read:
25540.1. A person or stationary source that knowingly violates
this article after reasonable notice of the violation is guilty of a
misdemeanor and may, upon conviction, be punished by imprisonment in
a 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.