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

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

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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-Amended.html

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BILL NUMBER: AB 275	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 27, 2015

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 amended, 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
 for those actions  to establish, as specified, that only a
portion of those costs or expenditures are attributable to the party,
and  be required   requires the party  to
pay only for that portion. If each party does not establish 
it's   its  liability, the act requires 
the   a  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   the costs  incurred by the
 state.   state for those actions. 
   This bill would  specifically apply those provisions to
response and corrective actions, and 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
  a response or corrective  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.
  or, if operation and maintenance is required as part
of the response or corrective action, within three years after
completion of operation and maintenance has been certified by the
department or a regional board. 
   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) (1)  (A)    Except as provided in
 subparagraph (B) and paragraph (2), an action under Section
25360 for the recovery of  the costs of removal or remedial
action   costs  incurred by the department 
from the state account, or any other source   or a
regional board in carrying out or overse   eing a response
or corrective action pursuant to this chapter or Chapter 6
(commencing with Section 25100), or as otherwise  authorized by
law, or for the recovery of  administrative  
oversight  costs incurred by the department in connection with a
 removal or remedial   response or corrective
 action performed by the  department  
department, a regional board,  or  by  a
responsible party, shall be commenced within three years after
completion of the  removal or remedial  
response or corrective  action has been certified by the
department,  or within six years of the initiation of a
removal or remedial action, whichever date is later.  
or a regional board.  
   (B) If operation and maintenance is required as part of the
response or corrective action, the action for recovery shall be
commenced within three years after completion of operation and
maintenance has been certified by the department or a regional board.

   (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 an action described in subdivision (a) or (b) for recovery
of  the costs of a removal action, a remedial action,
administrative   response or corrective action costs,
oversight  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 of the future liability. The
department  or regional board  may immediately enforce the
judgment for past costs and damages. The department  or the
regional board  may apply for a court judgment for 
future     further costs and damages that
have been incurred during the  removal and remedial actions
  response or corrective action, operation and
maintenance,  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.   response or corrective
action, operation and maintenance, or activities authorized pursuant
to Section 25352. 
   (d) An action may be commenced under Section 25360 or subdivision
(c) of Section 25352 at any time prior to expiration of the
applicable  limitation   limitations 
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 (e), a party found
liable for 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 (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 standard of liability for costs or expenditures
recoverable pursuant to this chapter is strict liability.
   (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.
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. 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 the appropriate
equitable factors.
   (e) Notwithstanding this chapter, 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 shall be required to pay only
that portion of the costs or expenditures attributable to the
response action contractor's actions. 
   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,   costs,  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  recoverable pursuant
to this chapter is strict liability. 
   (c) Any 
    (d)     A person who has incurred
 removal or remedial     response or
corrective  action costs in accordance with this 
chapter   chapter, Chapter 6.5 (commencing with Section
25000),  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   response or
corrective  action costs in accordance with this 
chapter   chapter, Chapter 6.5 (commencing with Section
25000),  or the federal act.  Any   A 
plaintiff or  cross complainant  
cross-complainant  seeking contribution or indemnity shall give
written notice to the director upon filing an action or 
cross complaint   cross-complaint  under this
section. In resolving claims for contribution or indemnity, the court
may allocate costs among liable parties using  those
equitable factors which are appropriate.   appropriate
equitable 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) A public agency operating a household hazardous
waste collection program or a person operating such a program under a
written agreement with a public agency, or, for material received
from the public as used oil, 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 a cost recovery action
brought pursuant to Section 25360, including, but not limited to, an
action to recover the fees imposed by Section 25343 or an action
brought pursuant to subdivision (d) of Section 25363, for 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 a person imposed
pursuant to state or federal law.