Bill Text: CA SB1261 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hazardous materials: business plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 715, Statutes of 2014. [SB1261 Detail]
Download: California-2013-SB1261-Amended.html
Bill Title: Hazardous materials: business plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 715, Statutes of 2014. [SB1261 Detail]
Download: California-2013-SB1261-Amended.html
BILL NUMBER: SB 1261 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 7, 2014
AMENDED IN ASSEMBLY JUNE 12, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Jackson
FEBRUARY 21, 2014
An act to amend Sections 25501, 25502, 25503, 25504, 25505, 25507,
25507.1, 25507.2, 25508, 25508.1, 25508.2, 25509,
25510, 25510.3, 25511, and 25515.5 of, and to repeal and add
Section Sections 25506 and 25508.2
of, the Health and Safety Code, relating to hazardous
materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 1261, as amended, Jackson. Hazardous materials: business plans.
(1) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program, including a statewide
information management system for purposes of receiving data
collected by unified program agencies. A city or local agency that
meets specified requirements is authorized to apply to the secretary
to implement the unified program and be certified as a certified
unified program agency (CUPA), and every county is required to apply
to the secretary to be certified to implement the unified program.
Existing law requires the unified program agency to implement and
enforce provisions that require a business that handles a hazardous
material , as defined, to establish and implement a
business plan, including an inventory of specified information for
response to a release or threatened release of a hazardous material.
The annual inventory submittal is required to contain information on
specified hazardous materials that are handled in quantities equal to
or greater than certain quantities or as established by the
governing body of the unified program agency by a local ordinance. A
violation of the business plan requirements is a misdemeanor.
This bill would instead require the secretary, in coordination
with the Office of Emergency Services, to specify the hazardous
materials inventory required to be submitted by handlers, including
the data to be collected and submitted for hazardous materials.
The bill would authorize the governing body of a unified program
agency to adopt an ordinance that designates a material as a
hazardous material, if a handler or the governing body of the
unified program agency has a reasonable basis to believe that
material injurious or harmful, as specified. The bill would
revise the information required to be included in the business plan.
(2) Existing law requires a unified program agency to exempt a
business operating an unstaffed remote facility located in an
isolated sparsely populated area from specified business plan
requirements. Existing law allows a unified program agency to require
an unstaffed remote facility to submit a hazardous materials
business plan and inventory in accordance with requirements if the
agency makes specified findings.
This bill would instead require the unified program agency to
exempt from specified requirements an unstaffed facility located at
least one-half mile from the nearest occupied structure, unless
required by a local ordinance. The bill would require the facility to
make a one-time business plan submittal that would not be required
to include specified elements of the plan and would repeal the
authorization for the unified program agency to require an unstaffed
remote facility to submit a plan and inventory.
(3) Existing law requires a handler to electronically submit its
business plan to the statewide information management system, to
renew the plan at least once every 3 years to determine if a revision
is needed, and to certify to the unified program agency that the
review was made and that any necessary changes were made to the plan.
A handler is also required to annually review the business plan
information and resubmit or certify as correct the inventory
information in the statewide environmental reporting system.
This bill would instead require the handler to submit the business
plan annually to the statewide information system by a date
established by the unified program agency or by March 1 , would
instead require a business to at least annually
owner, business operator, or officially designated
representative of the business to review and certify on or
before that date that the business plan
information in the statewide information management system meets
specified requirements, and would remove the requirement that the
handler annually review and resubmit or certify as correct the
inventory information in the statewide environmental reporting
system.
(4) Existing law requires the unified program agency to make the
data elements and documents submitted by businesses available to the
public in a specified manner.
This bill would instead require the unified program agency to make
the information in the statewide information management system
available to the public.
(5) Existing law requires the immediate report of any release or
threatened release of a hazardous material to the unified program
agency, and to the office, in accordance with the regulations adopted
by the office.
This bill would require the office to adopt regulations by January
1, 2016, to implement these requirements.
(6) This bill would revise some definitions for purposes of these
provisions relating to business plans of handlers of hazardous
materials and would make other conforming changes.
(7) The bill would impose a state-mandated local program by
imposing new duties upon unified program agencies and by creating new
crimes with regard to the submission of business plans.
(8) 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 specified reasons.
(9) The bill would incorporate changes to Section 25507 of the
Health and Safety Code proposed by both this bill and AB 2748, which
would only become operative if both bills are enacted and become
effective on or before January 1, 2015, and this bill is enacted
after AB 2748.
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 25501 of the Health and Safety Code is amended
to read:
25501. Unless the context indicates otherwise, the following
definitions govern the construction of this article:
(a) "Agricultural handler" means a business operating a farm that
is subject to the exemption specified in Section 25507.1.
(b) "Area plan" means a plan established pursuant to Section 25503
by a unified program agency for emergency response to a release or
threatened release of a hazardous material within a city or county.
(c) "Business" means all of the following:
(1) An employer, self-employed individual, trust, firm, joint
stock company, corporation, partnership, limited liability
partnership or company, or other business entity.
(2) A business organized for profit and a nonprofit business.
(3) The federal government, to the extent authorized by law.
(4) An agency, department, office, board, commission, or bureau of
state government, including, but not limited to, the campuses of the
California Community Colleges, the California State University, and
the University of California.
(5) An agency, department, office, board, commission, or bureau of
a city, county, or district.
(6) A handler that operates or owns a unified program facility.
(d) "Business plan" means a separate plan for each unified program
facility, site, or branch of a business that meets the requirements
of Section 25505.
(e) (1) "Certified unified program agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(2) "Participating agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement or
enforce one or more of the unified program elements specified in
paragraphs (4) and (5) of subdivision (c) of Section 25404, in
accordance with Sections 25404.1 and 25404.2.
(3) "Unified program agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in paragraphs (4) and
(5) of subdivision (c) of Section 25404. For purposes of this article
and Article 2 (commencing with Section 25531), the UPAs have the
responsibility and authority, to the extent provided by this article
and Article 2 (commencing with Section 25531) and Sections 25404.1
and 25404.2, to implement and enforce only those requirements of this
article and Article 2 (commencing with Section 25531) listed in
paragraphs (4) and (5) of subdivision (c) of Section 25404.
(4) The UPAs also have the responsibility and authority, to the
extent provided by this article and Article 2 (commencing with
Section 25531) and Sections 25404.1 and 25404.2, to implement and
enforce the regulations adopted to implement the requirements of this
article and Article 2 (commencing with Section 25531) listed in
paragraphs (4) and (5) of subdivision (c) of Section 25404. After a
CUPA has been certified by the secretary, the unified program
agencies shall be the only local agencies authorized to enforce the
requirements of this article and Article 2 (commencing with Section
25531) listed in paragraphs (4) and (5) of subdivision (c) of Section
25404 within the jurisdiction of the CUPA.
(f) "City" includes any city and county.
(g) "Chemical name" means the scientific designation of a
substance in accordance with the nomenclature system developed by the
International Union of Pure and Applied Chemistry or the system
developed by the Chemical Abstracts Service.
(h) "Common name" means any designation or identification, such as
a code name, code number, trade name, or brand name, used to
identify a substance by other than its chemical name.
(i) "Compressed gas" means a material, or mixture of materials,
that meets either of the following:
(1) The definition of compressed gas or cryogenic fluid found in
the California Fire Code.
(2) Compressed gas that is regulated pursuant to Part 1
(commencing with Section 6300) of Division 5 of the Labor Code.
(j) "Consumer product" means a commodity used for personal,
family, or household purposes, or is present in the same form,
concentration, and quantity as a product prepackaged for distribution
to and use by the general public.
(k) "Emergency response personnel" means a public employee,
including, but not limited to, a firefighter or emergency rescue
personnel, as defined in Section 245.1 of the Penal Code, or
personnel of a local emergency medical services (EMS) agency, as
designated pursuant to Section 1797.200, who is responsible for
response, mitigation, or recovery activities in a medical, fire, or
hazardous material incident, or natural disaster where public health,
public safety, or the environment may be impacted.
(l) "Handle" means all of the following:
(1) (A) To use, generate, process, produce, package, treat, store,
emit, discharge, or dispose of a hazardous material in any fashion.
(B) For purposes of subparagraph (A), "store" does not include the
storage of hazardous materials incidental to transportation, as
defined in Title 49 of the Code of Federal Regulations, with regard
to the inventory requirements of Section 25506.
(2) (A) The use or potential for use of a
quantity of hazardous material by the connection of a marine vessel,
tank vehicle, tank car, or container to a system or process for any
purpose.
(B) For purposes of subparagraph (A), the use or potential use
does not include the immediate transfer to or from an approved
atmospheric tank or approved portable tank that is regulated as
loading or unloading incidental to transportation by Title 49 of the
Code of Federal Regulations.
(m) "Handler" means a business that handles a hazardous material.
(n) (1) "Hazardous material" means a material listed in paragraph
(2) that, because of its quantity, concentration, or physical or
chemical characteristics, poses a significant present or potential
hazard to human health and safety or to the environment if released
into the workplace or the environment , or a material specified
in an ordinance adopted pursuant to paragraph (3) .
(2) Hazardous materials include all of the following:
(A) A substance or product for which the manufacturer
or producer is required to prepare a material safety data sheet
(SDS) for the substance or product pursuant to the
Hazardous Substances Information and Training Act (Chapter 2.5
(commencing with Section 6360) of Part 1 of Division 5 of the Labor
Code) or pursuant to any applicable federal law or regulation.
(B) The A substance
is listed as a radioactive material in Appendix B
of Chapter 1 (commencing with Section 10.1)
Part 30 (commencing with Section 30.1) of Title 10 of the Code
of Federal Regulations, as maintained and updated by the
Nuclear Regulatory Commission.
(C) A substance listed pursuant to Title 49 of the Code of Federal
Regulations.
(D) A substance listed in Section 339 of Title 8 of the California
Code of Regulations.
(E) A material listed as a hazardous waste, as defined by Sections
25115, 25117, and 25316.
(3) The governing body of a unified program agency may adopt an
ordinance that provides that, within the jurisdiction of the unified
program agency, a material not listed in paragraph (2) is a hazardous
material for purposes of this article if a handler has a reasonable
basis for believing that the material would be injurious to the
health and safety of persons or harmful to the environment if
released into the workplace or the environment, and requests the
governing body of the unified program agency to adopt that ordinance,
or if the governing body of the unified program agency has a
reasonable basis for believing that the material would be injurious
to the health and safety of persons or harmful to the environment if
released into the workplace or the environment. The handler or the
unified program agency shall notify the secretary no later than 30
days after the date an ordinance is adopted pursuant to this
paragraph.
(o) "Office" means the Office of Emergency Services.
(p) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, unless permitted or
authorized by a regulatory agency.
(q) "Retail establishment" means a business that sells consumer
products prepackaged for distribution to, and intended for use by,
the general public. A retail establishment may include storage areas
or storerooms in establishments that are separated from shelves for
display areas but maintained within the physical confines of the
retail establishments. A retail establishment does not include a pest
control dealer, as defined in Section 11407 of the Food and
Agriculture Agricultural Code.
(r) "Secretary" means the Secretary for Environmental Protection.
(s) "Statewide information management system" means the statewide
information management system established pursuant to subdivision (e)
of Section 25404 that provides for the combination of state and
local information management systems for the purposes of managing
unified program data.
(t) "Threatened release" means a condition, circumstance, or
incident making it necessary to take immediate action to prevent,
reduce, or mitigate a release with the potential to cause damage or
harm to persons, property, or the environment.
(u) "Trade secret" means trade secrets as defined in either
subdivision (d) of Section 6254.7 of the Government Code or Section
1061 of the Evidence Code.
(v) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements of paragraphs (4) and (5) of
subdivision (c) of Section 25404. For purposes of this article,
"facility" has the same meaning as unified program facility.
SEC. 2. Section 25502 of the Health and Safety Code is amended to
read:
25502. (a) This article and Article 3 (commencing with Section
25545), as it pertains to the handling of hazardous material, and
Article 2 (commencing with Section 25531), as it pertains to the
regulation of stationary sources, shall be implemented by one of the
following:
(1) If there is a CUPA, the unified program agency.
(2) If there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
(b) The agency responsible for implementing this article, Article
2 (commencing with Section 25531), and Article 3 (commencing with
Section 25545) shall ensure full access to, and the availability of,
information submitted under this chapter to emergency response
personnel and other appropriate governmental entities within its
jurisdiction.
SEC. 3. Section 25503 of the Health and Safety Code is amended to
read:
25503. (a) The office shall adopt, after public hearing and
consultation with the Office of the State Fire Marshal and other
appropriate public entities, regulations for minimum standards for
business plans and area plans. All business plans and area plans
shall meet the standards adopted by the office.
(b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:
(1) Set forth minimum requirements of adequacy, and not preclude
the imposition of additional or more stringent requirements by local
government.
(2) Take into consideration and adjust for the size and nature of
the business, the proximity of the business to residential areas and
other populations, and the nature of the damage potential of its
hazardous materials in establishing standards for paragraphs (3) and
(4) of subdivision (a) of Section 25505.
(3) Take into account the existence of local area and business
plans that meet the requirements of this article so as to minimize
the duplication of local efforts, consistent with the objectives of
this article.
(4) Define what releases and threatened releases are required to
be reported pursuant to Section 25510. The office shall consider the
existing federal reporting requirements in determining a definition
of reporting releases pursuant to Section 25510.
(c) A unified program agency shall, in consultation with local
emergency response agencies, establish an area plan for emergency
response to a release or threatened release of a hazardous material
within its jurisdiction. An area plan is not a statute, ordinance, or
regulation for purposes of Section 669 of the Evidence Code. The
standards for area plans in the regulations adopted pursuant to
subdivision (a) shall provide for all of the following:
(1) Procedures and protocols for emergency response personnel,
including the safety and health of those personnel.
(2) Preemergency planning.
(3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special
districts.
(4) Training of appropriate employees.
(5) Onsite public safety and information.
(6) Required supplies and equipment.
(7) Access to emergency response contractors and hazardous waste
disposal sites.
(8) Incident critique and followup.
(9) Requirements for notification to the office of reports made
pursuant to Section 25510.
(d) (1) The unified program agency shall submit to the office for
its review a copy of the proposed area plan within 180 days after
adoption of regulations by the office. The office shall notify the
unified program agency as to whether the area plan is adequate and
meets the area plan standards. The unified program agency shall
submit a corrected area plan within 45 days of this notice.
(2) The unified program agency shall certify to the office every
three years that it has conducted a complete review of its area plan
and has made any necessary revisions. If a unified program agency
makes a substantial change to its area plan, it shall forward the
changes to the office within 14 days after the changes have been
made.
(e) The inspection and enforcement program established pursuant to
paragraphs (2) and (3) of subdivision (a) of Section 25404.2, shall
include the basic provisions of a plan to conduct onsite inspections
of businesses subject to this article by the unified program agency.
These inspections shall ensure compliance with this article and shall
identify existing safety hazards that could cause or contribute to a
release and, where appropriate, enforce any applicable laws and
suggest preventative measures designed to minimize the risk of the
release of hazardous material into the workplace or environment. The
requirements of this paragraph subdivision
do not alter or affect the immunity provided to a public entity
pursuant to Section 818.6 of the Government Code.
SEC. 4. Section 25504 of the Health and Safety Code is amended to
read:
25504. (a) The Legislature hereby finds and declares that persons
attempting to do business in this state are increasingly
experiencing excessive and duplicative regulatory requirements at
different levels of government.
(b) To streamline and ease the regulatory burdens of doing
business in this state, compliance with Section 25505 shall also
suffice to meet the requirements for a Hazardous Materials Management
Plan and the Hazardous Materials Inventory Statement as set forth in
the California Fire Code and its appendices, to the extent that the
information in the California Fire Code is contained in Section
25505.
(c) The unified program agency shall provide access to the
information collected in the statewide information management system
to emergency response personnel on a 24 hour
24-hour basis.
(d) The enforcement of this article by unified program agencies
and the California Fire Code by those agencies required to enforce
the provisions of that code shall be coordinated.
(e) (1) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that files
the inventory of information required by this article and the
addendum adopted pursuant to paragraph (4), if required by the local
fire chief, shall be deemed to have met the requirements for a
Hazardous Materials Inventory Statement, as set forth in the
California Fire Code and its appendices.
(2) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that
establishes and maintains a business plan for emergency response to a
release or a threatened release of a hazardous material in
accordance with Section 25505, shall be deemed to have met the
requirements for a Hazardous Materials Management Plan, as set forth
in the California Fire Code and its appendices.
(3) Except for the addendum required by the local fire chief
pursuant to paragraph (4), the unified program agency shall be the
sole enforcement agency for purposes of determining compliance
pursuant to paragraphs (1) and (2).
(4) The office shall, in consultation with the unified program
agencies and the State Fire Marshal, adopt by regulation a single
comprehensive addendum for hazardous materials reporting for the
purposes of complying with subdivisions (b) and (c) of Section
13143.9 and subdivision (b) of Section 25506. The unified program
agency shall require businesses to annually use that addendum when
complying with subdivisions (b) and (c) of Section 13143.9 and
subdivision (b) of Section 25506. A business shall file the addendum
with the unified program agency when required by the local fire chief
pursuant to subdivision (b) of Section 13143.9 or subdivision (b) of
Section 25506.
(f) Except as otherwise expressly provided in this section, this
section does not affect or otherwise limit the authority of the local
fire chief to enforce the California Fire Code.
SEC. 5. Section 25505 of the Health and Safety Code is amended to
read:
25505. (a) A business plan shall contain all of the following
information:
(1) The inventory of information required by this article and
additional information the governing body of the unified program
agency finds necessary to protect the health and safety of persons,
property, or the environment. Locally required information shall be
adopted by local ordinance and shall be subject to trade secret
protection specified in Section 25512. The unified program agency
shall notify the secretary within 30 days after those requirements
are adopted.
(2) A site map that contains north orientation, loading areas,
internal roads, adjacent streets, storm and sewer drains, access and
exit points, emergency shutoffs, evacuation staging areas, hazardous
material handling and storage areas, and emergency response
equipment.
(3) Emergency response plans and procedures in the event of a
release or threatened release of a hazardous material, including, but
not limited to, all of the following:
(A) Immediate notification contacts to the appropriate local
emergency response personnel and to the unified program agency.
(B) Procedures for the mitigation of a release or threatened
release to minimize any potential harm or damage to persons,
property, or the environment.
(C) Evacuation plans and procedures, including immediate notice,
for the business site.
(4) Training for all new employees and annual training, including
refresher courses, for all employees in safety procedures in the
event of a release or threatened release of a hazardous material,
including, but not limited to, familiarity with the plans and
procedures specified in paragraph (3). These training programs may
take into consideration the position of each employee. This training
shall be documented electronically or by hard copy and shall be made
available for a minimum of three years.
(b) A business required to file a pipeline operations contingency
plan in accordance with the Elder California Pipeline Safety Act of
1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of
Division 1 of Title 5 of the Government Code) and the regulations of
the Department of Transportation, found in Part 195 (commencing with
Section 195.0) of Subchapter D of Chapter I of Subtitle B of Title 49
of the Code of Federal Regulations, may file a copy of those plans
with the unified program agency instead of filing an emergency
response plan specified in paragraph (3) of subdivision (a).
(c) The emergency response plans and procedures, the inventory of
information required by this article, and the site map required by
this section shall be readily available to personnel of the business
or the unified program facility with responsibilities for emergency
response or training pursuant to this section.
SEC. 6. Section 25506 of the Health and Safety Code is repealed.
SEC. 7. Section 25506 is added to the Health and Safety Code, to
read:
25506. (a) The secretary, in coordination with the office, shall
specify the hazardous materials inventory that shall be submitted by
handlers and the data to be collected and submitted for hazardous
materials in quantities equal to or greater than the quantities
specified in Section 25507 or as otherwise established by the
governing body of the unified program agency by a local ordinance.
(b) If required by the local fire chief, the business shall also
file the addendum required by paragraph (4) of subdivision (e) of
Section 25504.
(c) (1) Except as provided in subdivision (d), the inventory
information required by this section shall also include all inventory
information required by Section 11022 of Title 42 of the United
States Code.
(2) The office may adopt or amend existing regulations specifying
the inventory information required by this subdivision.
(d) If, pursuant to federal law or regulation, as it currently
exists or as it may be amended, the office determines that the
inventory information required by subdivisions (a) and (c) is
substantially equivalent to the inventory information required under
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Sec. 11001 et seq.), the requirements of subdivisions (a) and
(c) shall not apply.
(e) This section shall not apply to hazardous materials that are
described in subdivision (b) of Section 25507.
SEC. 8. Section 25507 of the Health and Safety Code is amended to
read:
25507. (a) Except as provided in this article, a facility shall
establish and implement a business plan for emergency response to a
release or threatened release of a hazardous material in accordance
with the standards prescribed in the regulations adopted pursuant to
Section 25503 if the facility meets any of the following conditions:
(1) (A) The facility handles a hazardous material or a mixture
containing a hazardous material that has a quantity at any one time
during the reporting year that is equal to, or greater than, 55
gallons for materials that are liquids, 500 pounds for solids, or 200
cubic feet for compressed gas, as defined in subdivision (i) of
Section 25501. The physical state and quantity present of mixtures
shall be determined by the physical state of the mixture as a
whole, not individual components, at standard temperature and
pressure.
(B) For the purpose of this section, for compressed gases, if a
hazardous material or mixture is determined to exceed threshold
quantities at standard temperature and pressure, it shall be reported
in the physical state at which it is stored. If the material is an
extremely hazardous substance, as defined in Section 355.61 of Title
40 of the Code of Federal Regulations, all amounts shall be reported
in pounds.
(2) The facility is required to submit chemical inventory
information pursuant to Section 11022 of Title 42 of the United
States Code.
(3) The facility handles at any one time during the reporting year
an amount of a hazardous material that is equal to, or greater than
the threshold planning quantity, under both of the following
conditions:
(A) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
(4) The facility handles at any one time during the reporting year
a total weight of 5,000 pounds for solids or a total volume of 550
gallons for liquids, if the hazardous material is a solid or liquid
substance that is classified as a hazard for purposes of Section 5194
of Title 8 of the California Code of Regulations solely as an
irritant or sensitizer.
(5) The facility handles at any one time during the reporting year
cryogenic, refrigerated, or compressed gas in a quantity of 1,000
cubic feet or more at standard temperature and pressure, if the gas
is any of the following:
(A) Classified as a hazard for the purposes of Section 5194 of
Title 8 of the California Code of Regulations only for hazards due to
simple asphyxiation or the release of pressure.
(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a
physician, dentist, podiatrist, veterinarian, pharmacist, or
emergency medical service provider at his or her place of business.
(C) Carbon dioxide.
(D) Nonflammable refrigerant gases, as defined in the California
Fire Code, that are used in refrigeration systems.
(E) Gases used in closed fire suppression systems.
(6) The facility handles a radioactive material at any one time
during the reporting year that is handled in
quantities for which an emergency plan is required to be
adopted considered pursuant to Schedule C
(Section 30.72) of Part 30 (commencing with Section 30.1), Part
40 (commencing with Section 40.1), or Part 70 (commencing with
Section 70.1), of Chapter 1 of Title 10 of the Code of Federal
Regulations, or pursuant to any regulations adopted by the state in
accordance with those regulations.
(7) The facility handles perchlorate material, as defined in
subdivision (c) of Section 25210.5, in a quantity at any one time
during the reporting year that is equal to, or greater than, the
thresholds listed in paragraph (1).
(b) The following hazardous materials are exempt from the
requirements of this section:
(1) Refrigerant gases, other than ammonia or flammable gas
in a closed cooling system, that are used for comfort or space
cooling for computer rooms.
(2) Compressed air in cylinders, bottles, and tanks used by fire
departments and other emergency response organizations for the
purpose of emergency response and safety. These materials
are exempt from this article.
(3) (A) Lubricating oil, if the total volume of each type of
lubricating oil handled at a facility does not exceed 55 gallons and
the total volume of all types of lubricating oil handled at that
facility does not exceed 275 gallons, at any one time.
(B) For purposes of this paragraph, "lubricating oil" means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(4) Both of the following, if the aggregate storage capacity of
oil at the facility is less than 1,320 gallons:
(A) Fluid in a hydraulic system.
(B) Oil-filled electrical equipment that is not contiguous to an
electric facility.
(5) Hazardous material contained solely in a consumer product,
handled at, and found in, a retail establishment and intended for
sale to, and for the use by, the public. The exemption provided for
in this paragraph shall not apply to a consumer product handled at
the facility which manufactures that product, or a separate warehouse
or distribution center of that facility, or where a product is
dispensed on the retail premises.
(6) Propane that is for on-premises use, storage, or both, in an
amount not to exceed 500 gallons , that is for the sole
purpose of cooking, heating employee work areas, and heating
water, water within that business, unless the
uniform program agency finds, and provides notice to the business
handling the propane, that the handling of the on-premise propane
requires the submission of a business plan, or any portion of a
business plan, in response to public health, safety, or environmental
concerns.
(c) In addition to the authority specified in subdivision (e), the
governing body of the unified program agency may, in exceptional
circumstances, following notice and public hearing, exempt a
hazardous material specified in subdivision (n) of Section 25501 from
Section 25506, if it is found that the hazardous material would not
pose a present or potential danger to the environment or to human
health and safety if the hazardous material was released into the
environment. The unified program agency shall send a notice to the
office and the secretary within 15 days from the effective date of
any exemption granted pursuant to this subdivision.
(d) The unified program agency, upon application by a handler, may
exempt the handler, under conditions that the unified program agency
determines to be proper, from any portion of the requirements to
establish and maintain a business plan, upon a written finding that
the exemption would not pose a significant present or potential
hazard to human health or safety or to the environment, or affect the
ability of the unified program agency and emergency response
personnel to effectively respond to the release of a hazardous
material, and that there are unusual circumstances justifying the
exemption. The unified program agency shall specify in writing the
basis for any exemption under this subdivision.
(e) The unified program agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
article upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
unified program agency shall specify in writing the basis for any
exemption under this subdivision.
(f) The unified program agency shall adopt procedures to provide
for public input when approving applications submitted pursuant to
subdivisions (d) and (e).
SEC. 8.5. Section 25507 of the Health
and Safety Code is amended to read:
25507. (a) Except as provided in this article, a
business facility shall establish and implement
a business plan for emergency response to a release or threatened
release of a hazardous material in accordance with the standards
prescribed in the regulations adopted pursuant to Section 25503 if
the business facility meets any of the
following conditions:
(1) (A) The business
facility handles a hazardous material or a mixture containing
a hazardous material that has a quantity at any one time during the
reporting year that is equal to, or greater than, 55 gallons for
materials that are liquids, 500 pounds for solids, or 200 cubic feet
for compressed gas gas, as defined in
subdivision (i) of Section 25501 . The physical state and
quantity present of mixtures shall be determined by the physical
state of the mixture as a whole, not individual
components, at standard temperature and pressure.
(B) For the purpose of this section, for compressed gases, if a
hazardous material or mixture is determined to exceed threshold
quantities at standard temperature and pressure, it shall be reported
in the physical state at which it is stored. If the material is an
extremely hazardous substance, as defined in Section 355.61 of Title
40 of the Code of Federal Regulations, all amounts shall be reported
in pounds.
(2) The business facility is required
to submit chemical inventory information pursuant to Section 11022
of Title 42 of the United States Code.
(3) The business facility handles at
any one time during the reporting year an amount of a hazardous
material that is equal to, or greater than the threshold planning
quantity, under both of the following conditions:
(A) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
(4) (A) The business Except as
provided in subparagraph (B), the facility handles at any one
time during the reporting year a total weight of 5,000 pounds for
solids or a total volume of 550 gallons for liquids, if the hazardous
material is a solid or liquid substance that is classified as a
hazard for purposes of Section 5194 of Title 8 of the California Code
of Regulations solely as an irritant or sensitizer, unless
the unified program agency finds, and provides notice to the business
handling the product, that the handling of lesser quantities of that
hazardous material requires the submission of a business plan, or
any portion of a business plan, in response to public health, safety,
or environmental concerns sensitizer .
(B) The unified program agency shall make the findings required by
subparagraph (A) in consultation with the local fire chief.
(B) If the hazardous material handled by the facility is a paint
that will be recycled or otherwise managed under an architectural
paint recovery program approved by the Department of Resources
Recovery and Recycling pursuant to Chapter 5 (commencing with Section
48700) of Part 7 of Division 30 of the Public Resources Code, the
facility is required to establish and implement a business plan only
if the facility handles at any one time during the reporting year a
total weight of 10,000 pounds of solid hazardous materials or a total
volume of 1,000 gallons of liquid hazardous materials.
(5) (A) The
business facility handles at any one time during
the reporting year a total cryogenic,
refrigerated, or compressed gas in a quantity of 1,000 cubic
feet, if the hazardous material is a compressed gas and is
classified as a hazard for the purposes of Section 5194 of Title 8 of
the California Code of Regulations solely as a compressed gas,
unless the unified program agency finds, and provides notice to the
business handling the product, that the handling of lesser quantities
of that hazardous material requires the submission of a business
plan, or any portion thereof, in response to public health, safety,
or environmental concerns. feet or more at standard
temperature and pressure, if the gas is any of the following:
(B) The unified program agency shall make the findings required by
subparagraph (A) in consultation with the local fire chief.
(C) The hazardous materials subject to subparagraph (A) include a
gas for which the only health and physical hazards are simple
asphyxiation and
the release of pressure.
(D) The hazardous materials subject to subparagraph (A) do not
include gases in a cryogenic state.
(A) Classified as a hazard for the purposes of Section 5194 of
Title 8 of the California Code of Regulations only for hazards due to
simple asphyxiation or the release of pressure.
(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a
physician, dentist, podiatrist, veterinarian, pharmacist, or
emergency medical service provider at his or her place of business.
(C) Carbon dioxide.
(D) Nonflammable refrigerant gases, as defined in the California
Fire Code, that are used in refrigeration systems.
(E) Gases used in closed fire suppression systems.
(6) The business facility handles a
radioactive material at any one time during the reporting year
that is handled in quantities for which an
emergency plan is required to be adopted
considered pursuant to Schedule C (Section 30.72) of
Part 30 (commencing with Section 30.1), Part 40 (commencing with
Section 40.1), or Part 70 (commencing with Section 70.1), of Chapter
1 of Title 10 of the Code of Federal Regulations, or pursuant to any
regulations adopted by the state in accordance with those
regulations.
(7) The business facility handles
perchlorate material, as defined in subdivision (c) of Section
25210.5, in a quantity at any one time during the reporting year that
is equal to, or greater than, the thresholds listed in paragraph
(1).
(b) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained by
a physician, dentist, podiatrist, veterinarian, or pharmacist, at his
or her office or place of business, stored at each office or place
of business in quantities of not more than 1,000 cubic feet of each
material at any one time, are exempt from this section and from
Section 25506. The unified program agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.
(b) The following hazardous materials are exempt from the
requirements of this section:
(1) Refrigerant gases, other than ammonia or flammable gas in a
closed cooling system, that are used for comfort or space cooling for
computer rooms.
(2) Compressed air in cylinders, bottles, and tanks used by fire
departments and other emergency response organizations for the
purpose of emergency response and safety.
(c) (1)
(3) (A) Lubricating
oil is exempt from this section and Sections 25506 and
25508, for a single business facility oil , if
the total volume of each type of lubricating oil handled at
that a facility does not exceed 55 gallons and
the total volume of all types of lubricating oil handled at that
facility does not exceed 275 gallons, at any one time.
(2)
(B) For purposes of this paragraph, "lubricating oil"
means oil intended for use in an internal combustion crankcase, or
the transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(4) Both of the following, if the aggregate storage capacity of
oil at the facility is less than 1,320 gallons:
(A) Fluid in a hydraulic system.
(d)
(B) Oil-filled electrical equipment that is not
contiguous to an electric facility is exempt from this
section and Sections 25506 and 25508 if the aggregate capacity is
less than 1,320 gallons facility .
(5) Hazardous material contained solely in a consumer product,
handled at, and found in, a retail establishment and intended for
sale to, and for the use by, the public. The exemption provided for
in this paragraph shall not apply to a consumer product handled at
the facility which manufactures that product, or a separate warehouse
or distribution center of that facility, or where a product is
dispensed on the retail premises.
(e) Hazardous material contained solely in a consumer product for
direct distribution to, and use by, the general public is exempt from
the business plan requirements of this article unless the unified
program agency has found, and has provided
(6 ) Propane that is for
on-premises use, storage, or both, in an amount not to exceed 500
gallons, that is for the sole purpose of cooking, heating employee
work areas, and heating water within that business, unless the
uniform program agency finds, and provides notice to the
business handling the product propane ,
that the handling of certain quantities of the product
the on-premise propane requires the submission
of a business plan, or any portion thereof of
a business plan , in response to public health, safety, or
environmental concerns.
(f)
(c) In addition to the authority specified in
subdivision (h) (e) , the governing
body of the unified program agency may, in exceptional circumstances,
following notice and public hearing, exempt a hazardous
substance material specified in subdivision
(o) (n) of Section 25501 from Section
25506, if it is found that the hazardous substance
material would not pose a present or potential danger to
the environment or to human health and safety if the hazardous
substance material was released into
the environment. The unified program agency shall send a notice to
the office and the secretary within 15 days from the effective date
of any exemption granted pursuant to this subdivision.
(g)
(d) The unified program agency, upon application by a
handler, may exempt the handler, under conditions that the unified
program agency determines to be proper, from any portion of the
requirements to establish and maintain a business plan, upon a
written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment, or affect the ability of the unified program agency and
emergency rescue response
personnel to effectively respond to the release of a hazardous
material, and that there are unusual circumstances justifying the
exemption. The unified program agency shall specify in writing the
basis for any exemption under this subdivision.
(h)
(e) The unified program agency, upon application by a
handler, may exempt a hazardous material from the inventory
provisions of this article upon proof that the material does not pose
a significant present or potential hazard to human health and safety
or to the environment if released into the workplace or environment.
The unified program agency shall specify in writing the basis for
any exemption under this subdivision.
(i)
(f) The unified program agency shall adopt procedures
to provide for public input when approving applications submitted
pursuant to subdivisions (g) (d) and
(h) (e) .
SEC. 9. Section 25507.1 of the Health and Safety Code is amended
to read:
25507.1. (a) A unified program agency shall exempt a business
operating a farm for purposes of cultivating the soil or raising or
harvesting any agricultural or horticultural commodity from filing
the information in the business plan required by paragraphs (3) and
(4) of subdivision (a) of Section 25505 if all of the following
requirements are met:
(1) The agricultural handler annually submits the facility
information and inventory required by Section 25506 to the statewide
information management system.
(2) Each building in which hazardous materials subject to this
article are stored is posted with signs, in accordance with
regulations that the office shall adopt, that provide notice of the
storage of any of the following:
(A) Pesticides.
(B) Petroleum fuels and oil.
(C) Types of fertilizers.
(3) The agricultural handler provides the training programs
specified in paragraph (4) of subdivision (a) of Section 25505.
(b) The unified program agency may designate the county
agricultural commissioner to conduct the inspections of agricultural
handlers. The agricultural commissioner shall schedule and conduct
inspections in accordance with Section 25511.
SEC. 10. Section 25507.2 of the Health and Safety Code is amended
to read:
25507.2. Unless required by a local ordinance, the unified
program agency shall exempt an unstaffed facility located at least
one-half mile from the nearest occupied structure from Sections
25508.2 and 25511, and shall subject the facility to Sections 25505,
25506, and 25507 only as specified in this section, if the facility
is not otherwise subject to the requirements of applicable federal
law, and all of the following requirements are met:
(a) The types and quantities of materials onsite are limited to
one or more of the following:
(1) One thousand standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
(2) Five hundred gallons of combustible liquid used as a fuel
source.
(3) Corrosive liquids, not to exceed 500 pounds of extremely
hazardous substances, used as electrolytes, and in closed containers.
(4) Five hundred gallons of lubricating and hydraulic fluids.
(5) One thousand two hundred gallons of hydrocarbon gas used as a
fuel source.
(6) Any quantity of mineral oil contained within electrical
equipment, such as transformers, bushings, electrical switches, and
voltage regulators, if the spill prevention control and
countermeasure plan has been prepared for quantities that meet or
exceed 1,320 gallons.
(b) The facility is secured and not accessible to the public.
(c) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
(d) (1) Notwithstanding Sections 25505 and 25507, a one-time
business plan, except for the emergency response plan and training
elements specified in paragraphs (3) and (4) of subdivision (a) of
Section 25505, is submitted to the statewide information management
system. This one-time business plan submittal is subject to a
verification inspection by the unified program agency and the unified
program agency may assess a fee not to exceed the actual costs of
processing and for inspection, if an inspection is conducted.
(2) If the information contained in the one-time submittal of the
business plan changes and the time period of the change is longer
than 30 days, the business plan shall be resubmitted within 30 days
to the statewide information management system to reflect any change
in the business plan. A fee not to exceed the actual costs of
processing and inspection, if conducted, may be assessed by the
unified program agency.
SEC. 11. Section 25508 of the Health and Safety Code is amended to
read:
25508. (a) (1) (A) A handler shall
electronically submit its business plan annually to the statewide
information management system in accordance with the requirements of
this article and certify that the business plan meets the
requirements of this article.
(B) The unified program agency shall establish an annual date by
which a handler shall electronically submit the business plan. If a
unified program agency does not otherwise establish an annual date,
the handler shall submit the business plan on or before March 1.
(2) If, after review, the unified program agency determines that
the handler's business plan is deficient in satisfying the
requirements of this article or the regulations adopted pursuant to
Section 25503, the unified program agency shall notify the handler of
those deficiencies. The handler shall electronically submit a
corrected business plan within 30 days from the date of the notice.
(3) If a handler fails, after reasonable notice, to electronically
submit a business plan in compliance with this article, the unified
program agency shall take appropriate action to enforce this article,
including the imposition of administrative, civil, and criminal
penalties as specified in this article.
(4) For data not adopted in the manner established under the
standards adopted pursuant to subdivision (e) of Section 25404, and
that is reported using a document format, the use of a reporting
method accepted by the statewide information management system shall
be considered compliant with the requirement to submit that data. If
the reporting option used does not support public records requests
from the public, the handler shall provide requested documents to the
unified program agency within 10 business days of a request from the
unified program agency.
(b) Except as required by paragraph (1) of subdivision (a) of
Section 65850.2 of the Government Code, a business required to
establish, implement, and electronically submit a business plan
pursuant to subdivision (a) shall not be deemed to be in violation of
this article until 30 days after the business becomes subject to
subdivision (a).
(c) This section shall not require the submission of information
concerning the hazardous materials described in subdivision (b) of
Section 25507.
SEC. 12. Section 25508.1 of the Health and Safety Code is amended
to read:
25508.1. Within 30 days of any one of the following events, a
business subject to this article shall electronically update the
information submitted to the statewide information management system:
(a) A 100 percent or more increase in the quantity of a previously
disclosed material.
(b) Any handling of a previously undisclosed hazardous material
subject to the inventory requirements of this article.
(c) Change of business address.
(d) Change of business ownership.
(e) Change of business name.
(f) (1) A substantial change in the handler's operations occurs
that requires modification to any portion of the business plan.
(2) For the purposes purpose of this
subdivision, "substantial change" means any change in a regulated
facility that would inhibit immediate response during an emergency by
either site personnel or emergency response personnel, or that could
inhibit the handler's ability to comply with Section 25507, change
the operational knowledge of the facility, or impede implementation
of the business plan.
SEC. 13. Section 25508.2 of the Health and
Safety Code is amended to read:
25508.2. At least once every 12 months, the business owner,
operator, or officially designated representative shall review, and
certify that the information in the business plan submitted pursuant
to Section 25508 in the statewide information management system is
complete, accurate, up to date, and in compliance with Section 11022
of Title 42 of the United States Code. The annual electronic
submittal to the statewide information management system required
pursuant to Section 25508 satisfies this section.
SEC. 13. Section 25508.2 of the Health
and Safety Code is repealed.
25508.2. At least once every 12 months, the business owner,
operator, or officially designated representative shall review and
certify that the information in the statewide information management
system has been verified and is complete, accurate, and up to date
and that it contains the information required by Section 11022 of
Title 42 of the United States Code. An annual electronic submittal to
the statewide information management system satisfies this
requirement.
SEC. 14. Section 25508.2 is added to the
Health and Safety Code , to read:
25508.2. On or before the annual due date established pursuant to
subparagraph (B) of paragraph (1) of subdivision (a) of Section
25508, the business owner, business operator, or officially
designated representative of the business shall review and certify
that the information in the statewide information management system
is complete, accurate, and in compliance with Section 11022 of Title
42 of the United States Code. An annual electronic submittal to the
statewide information management system satisfies the certification
requirement of this section.
SEC. 14. SEC. 15. Section 25509 of
the Health and Safety Code is amended to read:
25509. (a) The unified program agency shall maintain its
administrative procedures with regard to maintaining records and
responding to requests for information in accordance with Subdivision
4 (commencing with Section 15100) of Division 1 of, and Division 3
of, Title 27 of the California Code of Regulations, as those
regulations read on January 1, 2014.
(b) The unified program agency shall make the information in the
statewide information management system submitted pursuant to this
article available for public
inspection during the regular working hours of the unified
program agency, except the information specifying the precise
location where hazardous materials are stored and handled onsite,
including any maps required by paragraph (2) of subdivision (a) of
Section 25505.
(c) The unified program agency shall make the information in the
statewide information management system submitted pursuant to this
article available to a requesting government agency that is
authorized by law to access the information.
(d) A person who submits inventory information required under
Section 25506 with the unified program agency shall be deemed to have
filed the inventory form required by Section 11022(a) of Title 42 of
the United States Code with the state emergency response commission
and local emergency planning committees established pursuant to
Section 11001 of Title 42 of the United States Code.
SEC. 15. SEC. 16. Section 25510 of
the Health and Safety Code is amended to read:
25510. (a) Except as provided in subdivision (b), the handler or
an employee, authorized representative, agent, or designee of a
handler, shall, upon discovery, immediately report any release or
threatened release of a hazardous material to the unified program
agency, and to the office, in accordance with the regulations adopted
pursuant to this section. The handler or an employee, authorized
representative, agent, or designee of the handler shall provide all
state, city, or county fire or public health or safety personnel and
emergency response personnel with access to the handler's facilities.
(b) Subdivision (a) does not apply to a person engaged in the
transportation of a hazardous material on a highway that is subject
to, and in compliance with, the requirements of Sections 2453 and
23112.5 of the Vehicle Code.
(c) On or before January 1, 2016, the office shall adopt
regulations to implement this section. In developing these
regulations, the office shall closely consult with representatives
from regulated entities, appropriate trade associations, fire service
organizations, federal, state, and local organizations, including
unified program agencies, and other interested parties.
(d) The unified program agency shall maintain one or more
nonemergency contact numbers for release reports that do not require
immediate agency response. The unified program agency shall promptly
communicate changes to this information to regulated facilities and
to the office.
SEC. 16. SEC. 17. Section 25510.3 of
the Health and Safety Code is amended to read:
25510.3. The emergency response personnel, responding to the
reported release or threatened release of a hazardous material, or of
a regulated substance, as defined in Section 25532, or to any fire
or explosion involving a material or substance that involves a
release that would be required to be reported pursuant to Section
25510, shall immediately advise the superintendent of the school
district having jurisdiction, where if
the location of the release or threatened release is within one-half
mile of a school.
SEC. 17. SEC. 18. Section 25511 of
the Health and Safety Code is amended to read:
25511. (a) In order to carry out the purposes of this article and
Article 2 (commencing with Section 25531), an employee or authorized
representative of a unified program agency has the authority
specified in Section 25185, with respect to the premises of a
handler, and in Section 25185.5, with respect to real property that
is within 2,000 feet of the premises of a handler, except that this
authority shall include conducting inspections concerning hazardous
material, in addition to hazardous waste.
(b) In addition to the requirements of Section 25537, the unified
program agency shall conduct inspections of every business subject to
this article at least once every three years to determine if the
business is in compliance with this article. The unified program
agency shall give priority, when conducting these inspections, to
inspecting facilities that are required to prepare a risk management
plan pursuant to Article 2 (commencing with Section 25531). In
establishing a schedule for conducting inspections pursuant to this
section, the unified program agency may adopt and use an index of the
volatility, toxicity, and quantity of regulated substances and
hazardous materials. A unified program agency shall attempt to
schedule the inspections conducted pursuant to this section and
Section 25537, when applicable, during the same time period.
(c) Pursuant to a written agreement, the unified program agency
may designate the county agricultural commissioner to conduct the
inspection of agricultural handlers for purposes of Section 25507.1.
The agreement shall address the inspection, reporting, training,
enforcement enforcement, and cost
recovery requirements to conduct the inspection of agricultural
handlers. If designated, the agricultural commissioner shall schedule
and conduct inspections in accordance with this section.
SEC. 18. SEC. 19. Section 25515.5 of
the Health and Safety Code is amended to read:
25515.5. (a) All criminal penalties collected pursuant to this
article shall be apportioned in the following manner:
(1) Fifty percent shall be paid to the office of the city
attorney, district attorney, or Attorney General, whichever office
brought the action.
(2) Fifty percent shall be paid to the agency which is responsible
for the investigation of the action.
(b) All civil penalties collected pursuant to this chapter shall
be apportioned in the following manner:
(1) Fifty percent shall be paid to the office of the city
attorney, district attorney, or Attorney General, whichever office
brought the action.
(2) Fifty percent shall be paid to the agency responsible for the
investigation of the action.
(c) If a reward is paid to a person pursuant to Section 25516, the
amount of the reward shall be deducted from the amount of the
criminal or civil penalty before the amount is apportioned pursuant
to subdivisions (a) and (b).
SEC. 19. SEC. 20. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because a local agency or school district
has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by
this act or and because 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.
SEC. 21. Section 8.5 of this bill incorporates
amendments to Section 25507 of the Health and Safety Code proposed by
both this bill and Assembly Bill 2748. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1,2015, (2) each bill amends Section 25507 of the
Health and Safety Code, and (3) this bill is enacted after Assembly
Bill 2748, in which case Section 8 of this bill shall not become
operative.
