BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2738|
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THIRD READING
Bill No: AB 2738
Author: Assembly Environmental Safety and Toxic Materials
Committee
Amended: 7/1/14 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-1, 6/25/14
AYES: Hill, Hancock, Jackson, Leno, Pavley
NOES: Gaines
NO VOTE RECORDED: Fuller
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 63-8, 5/28/14 - See last page for vote
SUBJECT : Contamination
SOURCE : Author
DIGEST : This bill requires the notice of special compliance
procedure and proof of compliance form to be provided to the
alleged violator at the time the notice of the alleged violation
is served. Requires that the notice allege that the alleged
violator failed to provide clear and reasonable warning
regarding specified exposures.
ANALYSIS :
Existing law:
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AB 2738
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1.Prohibits, pursuant to the Safe Drinking Water and Toxic
Enforcement Act of 1986 (Act) (Proposition 65), any person, in
the course of doing business, from knowingly and intentionally
exposing any individual to a chemical known to the state to
cause cancer or reproductive toxicity without giving a
specified warning, or from knowingly discharging or releasing
that chemical into water or any source of drinking water,
except as specified. The Act imposes civil penalties of not
more than $2,500 per day upon persons who violate those
prohibitions and provides for the enforcement of those
prohibitions by the Attorney General, a district attorney, or
specified city attorneys or prosecutors, and by any person in
the public interest.
2.Requires, in an action brought by a person in the public
interest, a person who serves notice of the alleged violation
for an exposure to complete, as appropriate, and provide to
the alleged violator a notice of special compliance procedure
and proof of compliance form, as specified, and prohibits an
action from being filed if specified circumstances are met,
including the notice being timely served and the alleged
violator correcting the alleged violation.
3.Requires the notice to allege that the alleged violator failed
to provide clear and reasonable warning of specified exposures
and no other violation.
4.Requires the Department of Public Health (DPH) to adopt
regulations setting forth the criteria and procedures for
certification of specified water treatment devices.
5.Prohibits the sale or distribution of a water treatment device
for which a health or safety claim is made, unless the device
is included on the list of water treatment devices published
on the DPH's Internet Web site and certified by an independent
certified organization that has been accredited by the
American National Standards Institute.
6.Transfers these duties to the Water Resources Control Board
(Board) on July 1, 2014.
This bill:
1.Requires the notice of special compliance procedure and proof
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AB 2738
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of compliance form to be provided to the alleged violator at
the time the notice of the alleged violation is served.
Requires that the notice allege that the alleged violator
failed to provide clear and reasonable warning regarding
specified exposures.
2.Removes the requirement of certification by an independent
certified organization.
3.Makes changes to reflect the transfer of duties from DPH to
the Board.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 63-8, 5/28/14
AYES: Achadjian, Alejo, Ammiano, Bigelow, Bloom, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chesbro, Cooley, Dababneh, Dahle, Daly,
Dickinson, Eggman, Fong, Fox, Garcia, Gatto, Gomez, Gonzalez,
Gordon, Gray, Grove, Hall, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Medina,
Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea,
John A. P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Weber,
Wieckowski, Williams, Yamada, Atkins
NOES: Allen, Ch�vez, Conway, Donnelly, Beth Gaines, Hagman,
Mansoor, Wagner
NO VOTE RECORDED: Frazier, Gorell, Harkey, Logue, Melendez,
Patterson, Waldron, Wilk, Vacancy
RM:e 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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