Bill Text: CA AB275 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 275 (Prior Session Legislation)

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

Bill Title: Hazardous substances: liability recovery actions.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2015-10-02 - Chaptered by Secretary of State - Chapter 458, Statutes of 2015. [AB275 Detail]

Download: California-2015-AB275-Introduced.html

BILL NUMBER: AB 275	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Environmental Safety and Toxic Materials
(Assembly Members Alejo (Chair), Gonzalez, McCarty, and Ting)

                        FEBRUARY 11, 2015

   An act to amend Sections 25360.4, 25363, and 25366.5 of the Health
and Safety Code, relating to hazardous substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 275, as introduced, Committee on Environmental Safety and Toxic
Materials. Hazardous substances: liability recovery actions.
   (1) Existing law, the Carpenter-Presley-Tanner Hazardous Substance
Account Act, imposes liability for hazardous substances removal or
remedial actions and requires the Attorney General to recover from
the liable person, as defined, certain costs incurred by the
Department of Toxic Substances Control or a California regional water
quality control board, upon the request of the department or
regional board. The act authorizes, except as specified, a party
found liable for any costs or expenditures recoverable under the act
to establish, as specified, that only a portion of those costs or
expenditures are attributable to the party, and be required to pay
only for that portion. If each party does not establish it's
liability, the act requires the court to apportion those costs or
expenditures, as specified, among the defendants and the remaining
portion of the judgment is required to be paid from the Toxic
Substances Control Account. Existing law authorizes the money
deposited in the Toxic Substances Control Account in the General Fund
to be appropriated to the Department of Toxic Substances Control for
specified purposes, including the payment of removal and remedial
actions incurred by the state.
   This bill would delete the requirement that the remaining portion
of a judgment for costs and expenditures that is not apportioned
among the liable persons be paid from that account.
   (2) The act requires an action brought pursuant to it for the
recovery of the costs of a removal or remedial action to be commenced
within 3 years after completion of the removal or remedial action
has been certified by the department.
   This bill would, except as provided, instead allow an action to be
commenced either within that 3-year period or within 6 years of the
initiation of a removal or remedial action, whichever date is later.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25360.4 of the Health and Safety Code is
amended to read:
   25360.4.  (a)  An   (1)    
Except as provided in paragraph (2), an  action under Section
25360 for the recovery of the costs of removal or remedial action
incurred by the department from the state account, or any other
source authorized by law, or for the recovery of administrative costs
incurred by the department in connection with  any 
 a  removal or remedial action performed by the department
or by  any   a  responsible party, shall be
commenced within three years after completion of the removal or
remedial action has been certified by the  department.
  department, or within six years of the initiation of a
removal or remedial action, whichever date is later.  
   (2) No action described in paragraph (1) may be brought that, as
of December 31, 2015, had not been commenced by the department within
three years after the certification of the completion of the removal
or remedial action. 
   (b) An action under subdivision (c) of Section 25352 for costs
incurred by the department for the purposes specified in subdivision
(a) or (b) of Section 25352 shall be commenced within three years
after certification by the department of the completion of the
activities authorized under subdivisions (a) and (b) of Section
25352.
   (c) In  any   an  action described in
subdivision (a) or (b) for recovery of the costs of a removal action,
a remedial action, administrative costs, or damages, where the court
has entered a judgment for these past costs or damages, the court
shall also enter an order reserving jurisdiction over the case and
the court shall have continuing jurisdiction to determine any future
liability and the  amount.   amount of the
future liability.  The department may immediately enforce the
judgment for past costs and damages. The department may apply for a
court judgment  as to   for  future costs
and damages that have been incurred  at any time 
during the removal and remedial actions or during the performance of
the activities authorized by Section 25352, but the application shall
be made not later than three years after the certification of
completion of the actions or activities.
   (d) An action may be commenced under Section 25360 or subdivision
(c) of Section 25352 at any time prior to expiration of the 
three-year   applicable  limitation period provided
for by this section.
  SEC. 2.  Section 25363 of the Health and Safety Code is amended to
read:
   25363.  (a) Except as provided in subdivision  (f), any
  (e), a  party found liable for  any
 costs or expenditures recoverable under this chapter who
establishes by a preponderance of the evidence that only a portion of
those costs or expenditures are attributable to that party's
actions, shall be required to pay only for that portion.
   (b) Except as provided in subdivision  (f),  
(e),  if the trier of fact finds the evidence insufficient to
establish each party's portion of costs or expenditures under
subdivision (a), the court shall apportion those costs or
expenditures, to the extent practicable, according to equitable
principles, among the defendants. 
   (c)  The state account shall pay any portion of the judgment in
excess of the aggregate amount of costs or expenditures apportioned
under subdivisions (a) and (b).  
   (d) 
    (c)  The standard of liability for  any
 costs or  expenses   expenditures
 recoverable pursuant to this chapter is strict liability.

   (e) Any 
    (d)     A  person who has incurred
removal or remedial action costs in accordance with this chapter or
the federal act may seek contribution or indemnity from any person
who is liable pursuant to this  chapter, except that no claim
may be asserted against a person whose liability has been determined
and which has been or is being, fully discharged pursuant to Section
25356.6, or against a person who is actively participating in a
pending apportionment proceeding pursuant to Section 25356.6.
  chapter.  An action to enforce a claim may be
brought as a cross-complaint by any defendant in an action brought
pursuant to Section 25360 or this section, or in a separate action
after the person seeking contribution or indemnity has paid removal
or remedial action costs in accordance with this chapter or the
federal act.  Any   A  plaintiff or 
cross-complaint  seeking contribution or indemnity shall give
written notice to the director upon filing an action or cross
complaint under this section. In resolving claims for contribution or
indemnity, the court may allocate costs among liable parties using
 those   the appropriate  equitable
 factors which are appropriate.   factors. 

   (f) 
    (e)  Notwithstanding this chapter,  any
  a  response action contractor who is found liable
for any costs or expenditures recoverable under this chapter and who
establishes by a preponderance of the evidence that only a portion
of those costs or expenditures are attributable to the response
action contractor's  actions,   actions 
shall be required to pay only that portion of the costs or
expenditures attributable to the response action contractor's
actions.
  SEC. 3.  Section 25366.5 of the Health and Safety Code is amended
to read:
   25366.5.  (a)  Any   A  public agency
operating a household hazardous waste collection program or 
any   a  person operating such a program under a
written agreement with a public agency, or, for material received
from the public as used oil,  any   a 
person operating a certified used oil collection center as provided
in Section 48660 of the Public Resources Code, shall not be held
liable in  any   a  cost recovery action
brought pursuant to Section  25360 ,   25360,
 including, but not limited to,  any   an
 action to recover the fees imposed by Section 25343 or 
any   an  action brought pursuant to subdivision
 (e)   (d)  of Section 25363, for 
any  waste that has been properly handled and transported to
an authorized hazardous waste treatment, storage, or disposal
facility at a location other than that of the collection program.
   (b) For purposes of this section, "household hazardous waste
collection program" means a program or facility, specified in Section
25218.1, in which hazardous wastes from households and conditionally
exempt small quantity generators, are collected and ultimately
transferred to an authorized hazardous waste treatment, storage, or
disposal facility.
   (c) Except as provided in subdivision (a), this section does not
affect or modify the obligations or liabilities of  any
  a  person imposed pursuant to  any
 state or federal law.