Bill Text: CA AB681 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Aboveground storage tanks: funds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-08 - Chaptered by Secretary of State - Chapter 574, Statutes of 2011. [AB681 Detail]

Download: California-2011-AB681-Introduced.html

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BILL NUMBER: AB 681	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 17, 2011

   An act to amend Section 13009.6 of the Health and Safety Code,
relating to emergency response.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 681, as introduced, Wieckowski. Emergency response: hazardous
substances: costs.
   Existing law provides that the expense of a public agency's
emergency response to the release, escape, or burning of hazardous
substances is a charge against the person whose negligence caused the
incident, if the incident necessitated an evacuation beyond the
property of origin or results in the spread of hazardous substances
or fire beyond the property of origin. Existing law defines
"hazardous substance" for purposes of these provisions.
   This bill would instead provide that these expenses are a charge
against the person whose negligence caused the incident if the
incident necessitated an evacuation from the building, structure,
property, or public right-of-way where the incident originates, or
the incident results in the spread of hazardous substances or fire
beyond the building, structure, property, or public right-of-way
where the incident originates. The bill would also revise the
definition of "hazardous substance" for purposes of these provisions.

   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 13009.6 of the Health and Safety Code is
amended to read:
   13009.6.  (a) (1) Those expenses of an emergency response
necessary to protect the public from a real and imminent threat to
health and safety by a public agency to confine, prevent, or mitigate
the release, escape, or burning of hazardous substances described in
subdivision (c) are a charge against any person whose negligence
causes the incident, if either of the following occurs:
   (A) Evacuation  beyond   from  the 
building, structure,  property  , or public right-of-way
 where the incident originates is necessary to prevent loss of
life or injury.
   (B) The incident results in the spread of hazardous substances or
fire posing a real and imminent threat to public health and safety
beyond the  building, structure,  property  of
origin   , or public right-of-way where the incident
originates  .
   (2) Expenses reimbursable to a public agency under this section
are a debt of the person liable therefor, and shall be collectible in
the same manner as in the case of an obligation under contract,
express or implied.
   (3) The charge created against the person by this subdivision is
also a charge against the person's employer if the negligence causing
the incident occurs in the course of the person's employment.
   (4) The public agencies participating in an emergency response
meeting the requirements of paragraph (1) of this subdivision may
designate one or more of the participating agencies to bring an
action to recover the expenses incurred by all of the designating
agencies which are reimbursable under this section.
   (5) An action to recover expenses under this section may be joined
with any civil action for penalties, fines, injunctive, or other
relief brought against the responsible person or employer, or both,
arising out of the same incident.
   (b) There shall be deducted from any amount otherwise recoverable
under this section, the amount of any reimbursement for eligible
costs received by a public agency pursuant to Chapter 6.8 (commencing
with Section 25300) of Division 20. The amount so reimbursed may be
recovered as provided in Section 25360.
   (c) As used in this section, "hazardous substance" means any
hazardous substance listed in Section 25316  or subdivision (q)
of Section 25501  of this code  ,  or in Section 6382
of the Labor Code.
   (d) As used in this section, "mitigate" includes actions by a
public agency to monitor or model ambient levels of airborne
hazardous substances for the purpose of determining or assisting in
the determination of whether or not to evacuate areas around the
property where the incident originates, or to determine or assist in
the determination of which areas around the property where the
incident originates should be evacuated.