Health and Safety Code — Part 57 | HSC — United States — California law | Esheria

Health and Safety Code

Part 57 of 87 · provisions 11,201–11,400

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 25395.92.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

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    Certain property owners seeking immunity must enter an agency agreement, provide information, and take required response actions; the agency must notify other agencies and consider property use when assessing unreasonable risk.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.92. (a) A bona fide purchaser, innocent landowner, or contiguous property owner who seeks to qualify for the immunity provided by this chapter shall enter into an agreement with an agency pursuant to this article that includes the performance of a site assessment, and, if the agency determines that a response plan is necessary pursuant to Section 25395.96, the preparation and implementation of a response plan. (b) Before finalizing the agreement, the requested agency shall notify other appropriate agencies, including the host jurisdiction. (c) A person who enters into an agreement with an agency pursuant to this section shall submit sufficient information to the agency for the agency to determine whether the site is an eligible site, whether the person meets the conditions to qualify as a bona fide purchaser, innocent landowner, or contiguous property owner pursuant to this chapter, and to prepare an agreement pursuant to this section. (d) (1) A person who enters into an agreement pursuant to this section shall agree to take all actions required for a response action pursuant to Part 2 (commencing with Section 78000) of Division 45 and Division 7 (commencing with Section 13000) of the Water Code. These actions may include actions necessary to prevent an unreasonable risk before the approval of a response plan. (2) In determining whether there is unreasonable risk at a site for purposes of this subdivision, the agency shall take into account the intended use of the property, in accordance with any changed use of the property, as specified in subdivision (d) of Section 25395.96. (Amended by Stats. 2022, Ch. 258, Sec. 83. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  2. 25395.93.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

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    A person may withdraw from an agreement by giving 30 days’ written notice and meeting the listed conditions; the agency may also withdraw in specified circumstances.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.93. (a) A person may withdraw from an agreement entered into pursuant to this article by providing a 30-day written notice to the agency and doing both of the following: (1) Reimbursing the agency for all costs incurred by the agency pursuant to the agreement. (2) Demonstrating to the satisfaction of the agency that conditions at the site to which the agreement applies do not pose an endangerment to public health and safety or the environment. If the agency determines that conditions at the site pose an endangerment to public health, safety, or the environment, this article does not prevent the agency from exercising its authority to take appropriate response actions or to cause the person or persons responsible for the endangerment to take appropriate response actions. (b) A person who enters into an agreement with an agency pursuant to this article shall reimburse the agency for all agency costs, including, but not limited to, costs incurred while reviewing a site assessment plan or a response plan or overseeing the implementation of a site assessment or response plan by the person pursuant to this article, except that the department’s costs shall be reimbursed pursuant to Chapter 6.66 (commencing with Section 25269) and shall be recoverable pursuant to Section 79650. (c) The entry into an agreement pursuant to this article shall not constitute an admission of fact or liability or conclusion of law for any purpose or proceeding and a person who enters into an agreement under this article shall not be deemed liable under any other provision of law solely by reason of entering into that agreement. (d) If the conditions described in paragraph (1) of subdivision (c) of Section 25395.81 or in subdivision (d) of Section 25395.81 occur, an agency may withdraw from an agreement entered into pursuant to this chapter by providing a 30-day written notice to the other party. (Amended by Stats. 2022, Ch. 258, Sec. 84. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  3. 25395.94.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

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    A person using this article’s site-assessment process must submit a site assessment plan to the agency, and the agency must review it, check whether it is adequate, approve it if adequate, and notify relevant persons.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.94. (a) (1) A person who enters into an agreement pursuant to this article with an agency for the oversight of a site assessment shall submit a site assessment plan to the agency to conduct a site assessment of the site in accordance with the requirements of this section. (2) If the agency requires a health risk assessment as part of that agreement, the health assessment shall be prepared in accordance with Sections 79265, 79270, and subdivision (a) of Section 79275. (b) The site assessment plan shall provide for the evaluation of all of the following: (1) Whether a release of hazardous materials has occurred at the site, a threat of a release of hazardous materials exists at the site, or there is a threat of a release of hazardous materials from the site. (2) If a release or threatened release of hazardous materials exists at the site or there is a release or a threatened release from the site, whether the release or threatened release poses an unreasonable risk to public health and safety or the environment. (c) The site assessment plan shall also include all of the following: (1) Adequate characterization of the hazardous materials released or threatened to be released at, or from, the site and documentation of the findings. (2) Reasonably available information about the site, including, where appropriate, a risk assessment that evaluates the risk posed by any hazardous materials released or threatened to be released at, or from, the site, and information regarding reasonably anticipated foreseeable uses of the site based on current and projected land use and zoning designations. (3) If the release has impacted groundwater, reasonable characterization of underlying groundwater, including present and anticipated beneficial uses of that water. (d) A person shall submit the site assessment plan to the agency for review and approval. (e) The agency shall evaluate the adequacy of the site assessment plan to ensure that it contains all necessary information. (f) After evaluating the site assessment plan, if the agency finds that the site assessment plan is adequate, the agency shall approve the site assessment plan and provide notification to appropriate persons, including notification of any public water system that relies on impacted groundwater for public drinking water purposes. (Amended by Stats. 2022, Ch. 258, Sec. 85. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  4. 25395.95.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

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    After a site assessment plan is implemented, the person must file a report with the agency. The agency must then decide whether a response action is needed, and in some cases must find that no further action is necessary.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.95. (a) After implementation of the site assessment plan, the person shall submit to the agency a report of the findings made pursuant to the plan. Based upon a review of this information, the agency shall determine whether a response action is necessary to address any unreasonable risk from hazardous materials at the site. (b) If the agency determines that there is no unreasonable risk at the site and that there are no hazardous materials at the site at levels that are not suitable for unrestricted use of the site, the agency shall make a finding that no further action is necessary at the site. (c) If the agency determines that there are hazardous materials at the site at levels that are not suitable for unrestricted use, but that are suitable for the reasonably anticipated foreseeable use of the site based on current and projected land use and zoning designations, the agency shall find that no further action is necessary at the site except that a land use control that imposes appropriate restrictions pursuant to Section 25395.99 shall be executed and recorded and the public comment and participation requirements of Section 25395.96 shall be met before the execution and recording of any land use control. On or before 15 days after the date when the land use control is recorded pursuant to Section 25395.99, the agency shall state in writing that this act constitutes “appropriate care” for the purposes of Section 25395.67. (Amended by Stats. 2005, Ch. 22, Sec. 124. Effective January 1, 2006. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  5. 25395.96.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

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    If the agency finds a response action is needed, certain property owners must submit a response plan, and the agency must review, approve, and notify affected parties under set public-participation rules.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.96. (a) If, upon review of the site assessment prepared pursuant to this article, the agency determines that a response action is necessary to prevent or eliminate an unreasonable risk, the bona fide purchaser, innocent landowner, or contiguous property owner shall submit a response plan to the agency to conduct a response action at the site, in conformance with the agreement entered into pursuant to Section 25395.92. The response plan shall include all of the following: (1) The response plan shall provide for an opportunity for the public, other agencies, and the host jurisdiction to participate in decisions regarding the response action, taking into consideration the nature of the community interest, and shall include all of the following: (A) Thirty days before taking action pursuant to the response plan, the agency shall take all of the following actions: (i) Notify all other appropriate governmental entities and local agencies, including, but not limited to, the department, the regional board, or a redevelopment agency, that is not a party to the response plan regarding the proposed response plan. (ii) Place a notice in a newspaper of general circulation, in the area of the site, including, but not limited to, a community-based newspaper, as appropriate. (iii) Post notice of the proposed response plan on the site. (B) All of the following methods for public participation shall be included in the response plan: (i) Thirty days’ prior public notice in a factsheet format of the proposed response plan, in English and in any other language commonly spoken in the area of the site. (ii) Access, at both the agency and at local repositories, to the proposed response plan, site assessment, addenda, and any other supporting documentation, including materials listed as references in the response plan and site assessment. (iii) Procedures for providing a reasonable opportunity to comment on the plan and related documents specified in clause (ii). (iv) If a public meeting is requested, the holding of a public meeting by the agency in the area to receive comments. (v) The agency’s consideration of any comments received before taking any action regarding the response plan. (C) The response plan may also provide for, but is not limited to, proposing the use of other methods for public participation, including the use of public notices, direct notification of interested parties, electronic copies of the response plan, site assessment addenda, and other supporting documentation, including materials listed as references in the response plan and site assessment, electronic comment forms, forming advisory groups, as appropriate, to disseminate information and assist the agency in gathering public input, additional public meetings or public hearings, and an opportunity to comment on the proposed response plan prior to approval. (D) The agency, as part of its communications with affected communities, shall provide information regarding the process by which decisions about the site are made and the recourse that is available for those who may disagree with an agency decision. (E) The agency shall consider the issue of environmental justice, as defined in subdivision (e) of Section 65040.12 of the Government Code, for communities most impacted, including low-income and racial minority populations before taking action on the response plan. (F) To the extent possible, the agency shall coordinate its public participation activities with those undertaken by the host jurisdiction and other agencies associated with the development of the property, to avoid duplication to the extent feasible. (G) It is the intent of the Legislature that the public participation process established pursuant to this paragraph ensures full and robust participation of a community affected by this chapter. (2) Identification of the release or threatened release that is the subject of the response plan and documentation that the plan is based on an adequate characterization of the site. (3) An identification of the response plan objectives and the proposed remedy, and an identification of the reasonably anticipated future land uses of the site and of the current and projected land use and zoning designations. This identification shall include confirmation by the host jurisdiction that the anticipated future land uses and current and projected land uses and zoning designations are accurate. (4) A description of activities that will be implemented to control any endangerment that may occur during the response action at the site. (5) A description of any land use control that is part of the response action. (6) A description of wastes other than hazardous materials at the site and how they will be managed in conjunction with the response action. (7) Provisions for the removal of containment or storage vessels and other sources of contamination, including soils and free product, that cause an unreasonable risk. (8) Provisions for the agency to require further response actions based on the discovery of hazardous materials that pose an unreasonable risk to human health and safety or the environment that are discovered during the course of the response action or subsequent development of the site. (9) Any other information that the agency determines is necessary. (b) The agency shall evaluate the adequacy of the plan submitted pursuant to subdivision (a) and shall approve the plan if the agency makes all of the following findings: (1) The plan contains the information required by subdivision (a). (2) When implemented, the plan will place the site in a condition that allows it to be used for its reasonably anticipated future land use without unreasonable risk to human health and safety and the environment. (3) The plan addresses any public comments. (4) If applicable, the plan provides for long-term operation and maintenance, including land use and engineering controls, that are part of the remedy contained in the response plan. (c) (1) On or before 60 days after the date an agency receives a response plan, the agency shall make a written determination that proper completion of the response plan constitutes “appropriate care” for purposes of subdivision (a) of Section 25395.67. (2) Upon approval of the response plan by the agency, the agency shall notify all appropriate persons, including the host jurisdiction. (d) If the use of the property changes, after a response plan is approved, to a use that requires a higher level of protection, the agency may require the preparation and implementation of a new response plan pursuant to this article. (e) The owner of a site shall not make any change in use of a site inconsistent with any land use control recorded for the site, unless the change is approved by the agency in accordance with subdivision (f) of Section 25395.99. (Amended by Stats. 2006, Ch. 562, Sec. 1. Effective January 1, 2007. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  6. 25395.97.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

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    The agency must issue a certificate of completion when required response actions are finished, and in some cases it must also require long-term operation and maintenance conditions to be met first.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.97. (a) Except as provided in Section 25395.99, the agency shall issue a certificate of completion upon determining that all response actions have been satisfactorily completed in accordance with an approved response plan. (b) Notwithstanding subdivision (a), the agency shall issue a certificate of completion when a response action plan includes long-term obligations that have not been completed, including operation and maintenance requirements or monitoring, only if the agency makes all of the following determinations: (1) All response actions, other than long-term operation and maintenance at the site, have been completed. (2) The person has submitted an adequate long-term operation and maintenance plan and has demonstrated initial compliance. (c) If the agency determines that long-term operation and maintenance is required at a site, the agency may, as a condition of issuing a certificate of completion, enter into an operation and maintenance agreement with the person that governs the long-term operation and maintenance activities and that provides for adequate financial assurance. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  7. 25395.98.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

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    A property buyer in the stated situation may qualify for certain purchaser/property-owner status if they prove the required conditions to the agency.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.98. A person who acquires a property from an innocent landowner, bona fide purchaser, or contiguous property owner, and the property was previously issued a certificate of completion or no further action determination, may qualify as a bona fide prospective purchaser or contiguous property owner by demonstrating to the agency that the person meets all of the qualifying conditions of Section 25395.80 and either Section 25395.69 or 25395.70, as applicable. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  8. 25395.99.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. )

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    A response plan may require a land use control; if that happens, the landowner must execute and record it within 10 days, and the agency cannot issue a certificate of completion until it gets a certified recorded copy.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004 [25395.60 - 25395.109] ( Chapter 6.82 added by Stats. 2004, Ch. 705, Sec. 1. ) ## ARTICLE 6. Streamlined Site Investigation And Response Plan Agreements [25395.90 - 25395.101] ( Article 6 added by Stats. 2004, Ch. 705, Sec. 1. ) ## 25395.99. (a) A response plan may require the use of a land use control that imposes appropriate conditions, restrictions, and obligations on land use or activities, if, after completion of the removal and remedial actions specified in the response plan, hazardous materials remain at the site at a level that is not suitable for the unrestricted use of the site. (b) Except as provided in subdivision (c), if the agency approves a response plan that requires the use of a land use control, the land use control shall be executed by the landowner and recorded by the landowner in the office of the county recorder in each county in which all, or a portion of, the land is located within 10 days of the date of execution. (c) An agency shall not issue a certificate of completion to a person who submits a response plan that is approved by the agency and that requires the use of a land use control, until the agency receives a certified copy of the recorded land use control. If the site that requires the land use control does not have an owner, or the agency determines the owner is incapable of executing a land use control in accordance with this section, the agency may record in the county records a “Notice of Land Use Restriction” that has the same effect as any other land use control executed pursuant to this section, and that is subject to the variance and termination procedures specified in subdivision (f). (d) Notwithstanding any other provision of law, a land use control that is executed pursuant to this section and that is recorded so as to provide constructive notice shall run with the land from the date of recordation, is binding upon all of the owners of the land, and their heirs, successors and assignees, and the agents, employees, or lessees of the owners, heirs, successors and assignees, and is enforceable pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5. (e) Notwithstanding any other provision of law, a land use control executed pursuant to this section is subject to Section 57012. (f) A land use control imposed pursuant to this section is subject to the variance and removal procedures specified in Sections 25223 and 25224. (Amended by Stats. 2012, Ch. 39, Sec. 75. (SB 1018) Effective June 27, 2012. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
  9. 25396.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.86. Expedited Remediation [25396- 25396.] ( Chapter 6.86 added by Stats. 2012, Ch. 39, Sec. 78. )

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    Earlier expedited remedial action requirements keep applying to certain pre-existing sites in the pilot program.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.86. Expedited Remediation [25396- 25396.] ( Chapter 6.86 added by Stats. 2012, Ch. 39, Sec. 78. ) ## 25396. The requirements of the former California Expedited Remedial Action Reform Act of 1994 (former Chapter 6.85 (commencing with Section 25396) of Division 20) continue to apply to sites selected before the effective date of this chapter for participation in the pilot program established by that act. (Repealed and added by Stats. 2012, Ch. 39, Sec. 78. (SB 1018) Effective June 27, 2012.)
  10. 25400.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9. Liability for Abatement of Hazards [25400- 25400.] ( Chapter 6.9 added by Stats. 1983, Ch. 1087, Sec. 1. )

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    Covered public officials and related responders generally are shielded from liability when abating hazardous substance hazards, except for bad faith or gross negligence.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9. Liability for Abatement of Hazards [25400- 25400.] ( Chapter 6.9 added by Stats. 1983, Ch. 1087, Sec. 1. ) ## 25400. (a) The Legislature finds and declares that a threat to the public health and safety exists wherever there is a discharge, spill, or presence of hazardous substances on public or private property; and that public entities, county public health directors, public safety employees, members of radiation emergency screening teams formed pursuant to Section 25574, persons authorized by a public entity, or registered sanitarian employees should be encouraged to abate those hazards, and to that end a qualified immunity from liability should be provided for public entities, county public health directors, public safety employees, members of radiation emergency screening teams formed pursuant to Section 25574, persons authorized by a public entity, or registered sanitarian employees. (b) Except as provided in Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code, a public entity, county public health director, a public safety employee, a member of a radiation emergency screening team formed pursuant to Section 25574, a person authorized by a public entity, or a registered sanitarian employee shall not be liable for any injury or property damage caused by an act or omission taken by a county public health director, a public safety employee, a member of a radiation emergency screening team formed pursuant to Section 25574, a person authorized by a public entity, or a registered sanitarian employee acting within the scope of employment to abate or attempt to abate hazards reasonably believed to be an imminent peril to public health and safety caused by the discharge, spill, or presence of a hazardous substance, unless the act taken or omission was performed in bad faith or in a grossly negligent manner. (c) For the purposes of this section, it shall be presumed that the act or omission was performed in good faith and without gross negligence. This presumption shall be one affecting the burden of proof. (d) For the purposes of this section, the following definitions apply: (1) “Hazardous substance” means a substance that presents a threat to the public because of its toxicity, radioactivity, flammability, or other characteristic dangerous to the public health or the environment. (2) “Imminent peril” includes a peril which, if not mitigated, threatens the public health or welfare, or the environment. (3) “Person authorized by a public agency” includes a person from whom services are contracted by a public agency. (4) “Public agency” includes, but is not limited to, the federal government or any department or agency thereof to the extent permitted by law. (5) “Public safety employee” means any person who is a public entity employee and whose principal duties include law enforcement, fire protection, fire prevention, or the enforcement of regulations relating to facilities or sites where hazardous substances are stored or handled. (6) “Registered sanitarian employee” means a person who is registered pursuant to Section 520 and who is a paid employee of a state or local public entity. (e) It is not the intent of this section to impair any cause of action against the person, firm, or entity creating the spill, discharge, or presence of the hazardous material giving rise to the response of the public entity, county public health director, public safety employee, member of a radiation screening team formed pursuant to Section 25574, person authorized by a public entity, or registered sanitarian employee. (f) The immunity for county public health directors or registered sanitarian employees provided by this section shall apply only where the person, at the request of a public entity or public safety employee in charge of scene management, provides emergency assistance or advice at the scene of the peril in mitigating or attempting to mitigate the effects of an actual or threatened discharge, spill, or presence of a hazardous substance on private or public property. The request issued by the scene manager shall be confirmed by that person in a written report of the incident. (Amended by Stats. 1991, Ch. 1123, Sec. 13. Effective October 14, 1991.)
  11. 25400.10.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 1. General Provisions [25400.10 - 25400.12] ( Heading of Article 1 amended by Stats. 2019, Ch. 691, Sec. 2. )

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    This section states legislative findings about methamphetamine and fentanyl contamination and names the chapter the “Methamphetamine or Fentanyl Contaminated Property Cleanup Act.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 1. General Provisions [25400.10 - 25400.12] ( Heading of Article 1 amended by Stats. 2019, Ch. 691, Sec. 2. ) ## 25400.10. (a) The Legislature finds and declares all of the following: (1) Methamphetamine use and production are growing throughout the state. Properties may be contaminated by hazardous chemicals used or produced in the manufacture of methamphetamine where those chemicals remain and where the contamination has not been remediated. (2) Initial cleanup actions may be limited to the removal of bulk hazardous materials and associated glassware that pose an immediate threat to public health and the environment. Where methamphetamine production has occurred, significant levels of contamination may be found throughout residential properties if the contamination is not remediated. (3) Once methamphetamine laboratories have been closed, the public may be harmed by the materials and residues that remain. (4) There is no statewide standardization of standards for determining when a site of a closed methamphetamine laboratory has been successfully remediated. (5) Fentanyl use and production are growing throughout the state. Properties may be contaminated by hazardous chemicals used or produced in the manufacture of fentanyl where those chemicals remain and where the contamination has not been remediated. (6) Initial cleanup actions of fentanyl contaminated property may be limited to the removal of bulk hazardous materials and associated glassware that pose an immediate threat to public health and the environment. Where fentanyl production has occurred, significant levels of contamination may be found throughout residential properties if the contamination is not remediated. (7) Once fentanyl laboratories have been closed, the public may be harmed by the materials and residues that remain. Skin absorption is a possible route of exposure and elevates the risk to public health. (8) There are no statewide standards for determining when the site of a closed fentanyl drug laboratory has been successfully remediated. (b) This chapter shall be known, and may be cited as, the “Methamphetamine or Fentanyl Contaminated Property Cleanup Act.” (Amended by Stats. 2019, Ch. 691, Sec. 3. (AB 1596) Effective January 1, 2020.)
  12. 25400.11.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 1. General Provisions [25400.10 - 25400.12] ( Heading of Article 1 amended by Stats. 2019, Ch. 691, Sec. 2. )

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    This section defines key terms used in the contaminated property cleanup chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 1. General Provisions [25400.10 - 25400.12] ( Heading of Article 1 amended by Stats. 2019, Ch. 691, Sec. 2. ) ## 25400.11. For purposes of this chapter, the following definitions shall apply: (a) “Authorized contractor” means a person who has been trained or received other qualifications pursuant to Section 25400.40. (b) “Contaminated” or “contamination” means property polluted by a hazardous chemical related to methamphetamine or fentanyl laboratory activities. (c) “Controlled substance” has the same meaning as defined in Section 11007. (d) “Decontamination” means the process of reducing the level of a known contaminant to a level that is deemed safe for human reoccupancy, as established pursuant to Section 25400.16 using currently available methods and processes. (e) “Department” means the Department of Toxic Substances Control. (f) “Designated local agency” means either of the following: (1) A city or county agency designated by the local health officer to carry out all, or any portion of, responsibilities assigned to the local health office as specified by this chapter. The local health officer may authorize any of the following to serve as a designated local agency: (A) The Certified Unified Program or CUPA as certified pursuant to Chapter 6.11 (commencing with Section 25404), except in a jurisdiction where the state is acting as the CUPA pursuant to subdivision (f) of Section 25404.3. (B) The fire department or environmental health department. (C) The local agency responsible for enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13). (2) For property specified in paragraph (2) of subdivision (v), notwithstanding Section 18300, the city or county agency specified in paragraph (1) authorized by the local health officer in that jurisdiction. (g) “Disposal of contaminated property” means the disposal of property that is a hazardous waste in accordance with Chapter 6.5 (commencing with Section 25100). (h) “Fentanyl” means fentanyl, an analog of fentanyl that is a fentanyl-related controlled substance, and any chemical structure modification to fentanyl or a fentanyl analog, including, but not limited to, its isomers, esters, ethers, and salts. (i) “Fentanyl laboratory activity” means the illegal manufacturing or storage of fentanyl. This shall include manufacturing, compounding, converting, producing, deriving, processing, or preparing, either directly or indirectly by chemical extraction, pill pressing, distribution, cutting, diluting, synthesis, or other activity that has the potential to contaminate the property with fentanyl or any of its precursors. (j) “Hazardous chemical” means a chemical that is determined by the local health officer to be toxic, carcinogenic, explosive, corrosive, or flammable that was used in the manufacture or storage of methamphetamine that is prohibited by Section 11383 or fentanyl. (k) “Illegal methamphetamine or fentanyl manufacturing or storage site” or “site” means property where a person manufactures methamphetamine or fentanyl or stores a hazardous chemical used in connection with the manufacture of methamphetamine or fentanyl. (l) “Local health officer” means either of the following: (1) Except as provided in paragraph (2), a county health officer, a city health officer, or an authorized representative of that local health officer. (2) In the case of property specified in paragraph (2) of subdivision (v), an authorized representative of the designated agency specified in paragraph (2) of subdivision (f). (m) “Manufactured home” means both of the following: (1) “Manufactured home,” as defined in Section 18007. (2) “Multiunit manufactured housing,” as defined in Section 18008.7. (n) “Methamphetamine laboratory activity” means the illegal manufacturing or storage of methamphetamine. (o) “Mobilehome” has the same meaning as defined in Section 18008. (p) “Mobilehome park” means both of the following: (1) “Mobilehome park,” as defined in Section 18214 or 18214.1. (2) “Manufactured housing community,” as defined in Section 18801. (q) “Office” means the Office of Environmental Health Hazard Assessment. (r) “Posting” means attaching a written or printed announcement conspicuously on property that is determined to be contaminated by a methamphetamine or fentanyl laboratory activity or the storage of methamphetamine, fentanyl, or a hazardous chemical. (s) “Preliminary site assessment work plan” or “PSA work plan” means a plan to conduct activities to determine the extent and level of contamination of an illegal methamphetamine or fentanyl manufacturing or storage site and that is prepared in accordance with the requirements of Section 25400.36. (t) “Preliminary site assessment” or “PSA” means the activities taken to determine the extent and level of contamination of an illegal methamphetamine or fentanyl manufacturing or storage site that are conducted in accordance with an approved PSA work plan. (u) “Preliminary site assessment report” or “PSA report” means a determination that the levels of contamination at an illegal methamphetamine or fentanyl manufacturing or storage site require remediation, including a recommendation for the remedial actions required for the site to meet human occupancy standards, and that is prepared in accordance with Section 25400.37. (v) (1) “Property” means a parcel of land, structure, or part of a structure where the manufacture of methamphetamine or fentanyl or storage of methamphetamine, fentanyl, or a hazardous chemical occurred. (2) “Property” also includes any of the following where the manufacture of methamphetamine or fentanyl or storage of methamphetamine, fentanyl, or a hazardous chemical occurred: (A) A mobilehome park. (B) A mobilehome or manufactured home located in a mobilehome park or special occupancy park, or a recreational vehicle sited in a mobilehome park or special occupancy park, including any accessory building or structure under the ownership or control of the owner of the manufactured home, mobilehome, or recreational vehicle sited in the mobilehome park or special occupancy park. (C) A special occupancy park. (3) If a mobilehome or manufactured home is not located in a mobilehome park or special occupancy park, then paragraph (1) is applicable to that mobilehome or manufactured home. (w) (1) “Property owner” means a person owning property by reason of obtaining it by purchase, exchange, gift, lease, inheritance, or legal action, and who is responsible for the remediation of the property pursuant to this chapter. (2) “Owner,” for purposes of a mobilehome park, means the owner of the real property on which the mobilehome park is located. (3) “Owner,” for purposes of a special occupancy park, means the owner of the real property on which the special occupancy park is located. (x) “Recreational vehicle” has the same meaning as defined in Section 18010, but only if that vehicle is sited in a mobilehome park or special occupancy park. (y) “Special occupancy park” has the same meaning as defined in Section 18862.43. (z) “Storage site” means any property used for the storage of a hazardous chemical, methamphetamine, or fentanyl. (aa) “Vehicle license stop” means the Department of Motor Vehicles is prohibited from renewing the registration of a vehicle, or from allowing the transfer of any title to, or interest in, that vehicle. (ab) “Warning” means a sign posted by the local health officer conspicuously on property where methamphetamine or fentanyl was manufactured or stored, informing occupants that hazardous chemicals exist on the premises and that entry is unsafe. (Amended by Stats. 2019, Ch. 691, Sec. 4. (AB 1596) Effective January 1, 2020.)
  13. 25400.12.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 1. General Provisions [25400.10 - 25400.12] ( Heading of Article 1 amended by Stats. 2019, Ch. 691, Sec. 2. )

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    Terms not expressly defined in this article take the same meaning as in Part 2 of Division 45.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 1. General Provisions [25400.10 - 25400.12] ( Heading of Article 1 amended by Stats. 2019, Ch. 691, Sec. 2. ) ## 25400.12. Any term not defined expressly by this article shall have the same meaning as defined in Part 2 (commencing with Section 78000) of Division 45. (Amended by Stats. 2022, Ch. 258, Sec. 89. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  14. 25400.16.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 2. Establishment of Remediation and Reoccupancy Standards [25400.16- 25400.16.] ( Article 2 added by Stats. 2005, Ch. 570, Sec. 1. )

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    This section sets contamination thresholds for when property is considered safe for human occupancy.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 2. Establishment of Remediation and Reoccupancy Standards [25400.16- 25400.16.] ( Article 2 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.16. (a) Property contaminated by methamphetamine laboratory activity is safe for human occupancy for purposes of this chapter only if the level of methamphetamine on an indoor surface is less than, or equal to, 1.5 micrograms per 100 square centimeters. (b) Except as provided in subdivision (c), if property is contaminated by methamphetamine laboratory activity that included the use of lead or mercury compounds, in addition to the requirements of subdivision (a), property is safe for human occupancy for purposes of this chapter only if both of the following standards are met with regard to that property: (1) The total level of lead is less than, or equal to, 20 micrograms per square foot. (2) The level of mercury is less than, or equal to, 50 nanograms per cubic meter in air. (c) Subdivisions (a) and (b) shall become inoperative on the effective date that a state or federal agency adopts a health-based target remediation standard for methamphetamine to determine when a property contaminated by methamphetamine laboratory activity only is safe for human occupancy, in which case any reference in this chapter to a human-occupancy methamphetamine standard specified in this section shall mean only the health-based target remediation standard for methamphetamine adopted by that state or federal agency. (d) Property contaminated by fentanyl laboratory activity is safe for human occupancy for purposes of this chapter only if the level of fentanyl on an indoor surface is below the detection level. (e) Subdivision (d) shall become inoperative on the effective date that a state or federal agency adopts a health-based target remediation standard for fentanyl to determine when a property contaminated by fentanyl laboratory activity only is safe for human occupancy, in which case any reference in this chapter to a human-occupancy fentanyl standard specified in this section shall mean only the health-based target remediation standard for fentanyl adopted by that state or federal agency. (f) This section does not preclude a state or federal agency from adopting stricter health-based remediation standards than required under this section. (Amended by Stats. 2019, Ch. 691, Sec. 5. (AB 1596) Effective January 1, 2020.)
  15. 25400.17.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 3. Local Health Officer Responsibilities [25400.17 - 25400.22] ( Article 3 added by Stats. 2005, Ch. 570, Sec. 1. )

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    Local governments must follow the chapter’s uniform regulations, and local health officers may delegate duties and must treat certain lab activity as chemical contamination and act under the chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 3. Local Health Officer Responsibilities [25400.17 - 25400.22] ( Article 3 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.17. (a) Notwithstanding any other law, a city, county, or city and county shall comply with the uniform regulations and standards established pursuant to this chapter. (b) A local health officer may delegate all or part of the duties specified in this chapter to a designated local agency. (c) If a methamphetamine or fentanyl laboratory activity has taken place at a property, the local health officer shall assume that the methamphetamine or fentanyl manufacturing process has led to some degree of chemical contamination and shall take action pursuant to this chapter. (Amended by Stats. 2019, Ch. 691, Sec. 6. (AB 1596) Effective January 1, 2020.)
  16. 25400.18.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 3. Local Health Officer Responsibilities [25400.17 - 25400.22] ( Article 3 added by Stats. 2005, Ch. 570, Sec. 1. )

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    After notice of possible methamphetamine or fentanyl contamination, the local health officer must post a warning notice on the property within 48 hours.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 3. Local Health Officer Responsibilities [25400.17 - 25400.22] ( Article 3 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.18. Within 48 hours after receiving notification from a law enforcement agency of potential contamination of property by a methamphetamine or fentanyl laboratory activity, the local health officer shall post a written notice in a prominent location on the premises of the property. At a minimum, the notice shall include all of the following information: (a) The word “WARNING” in large bold type at the top and bottom of the notice. (b) A statement that a methamphetamine or fentanyl laboratory was seized on or inside the property or, in the case of a mobilehome, manufactured home, or recreational vehicle, a statement that a methamphetamine or fentanyl laboratory was seized on the property, inside the property, or both of those statements. (c) The date of the seizure. (d) The address or location of the property including the identification of any dwelling unit, room number, apartment number, or mobilehome, manufactured home, or recreational vehicle space number or address, or recreational vehicle identification number. (e) The name and contact telephone number of the agency posting the notice on the property. (f) A statement specifying that hazardous substances, toxic chemicals, or other hazardous waste products may have been present and may remain on or inside the property. (g) A statement that it is unlawful for an unauthorized person to enter the contaminated portion of the property until advised that it is safe to do so by the local health officer or designated local agency. (h) A statement that a person disturbing or destroying the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). (i) A statement that a person violating the posted notice is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). (Amended by Stats. 2019, Ch. 691, Sec. 7. (AB 1596) Effective January 1, 2020.)
  17. 25400.19.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 3. Local Health Officer Responsibilities [25400.17 - 25400.22] ( Article 3 added by Stats. 2005, Ch. 570, Sec. 1. )

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    The local health officer must inspect contaminated property within five working days after notice, and may request reports and manifests while doing so.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 3. Local Health Officer Responsibilities [25400.17 - 25400.22] ( Article 3 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.19. Within five working days after receiving a notification from a law enforcement agency of known or suspected contamination of a property by a methamphetamine or fentanyl laboratory activity, or upon notification from the property owner, the local health officer shall inspect the property, including the mobilehome, manufactured home, or recreational vehicle and the land on which it is located, pursuant to this section. In the case of a mobilehome, manufactured home, or recreational vehicle, that is property pursuant to paragraph (2) of subdivision (v) of Section 25400.11, the local health officer shall make the determination specified in subdivision (e) of Section 25400.20 regarding the cause of the contamination and responsibility for the remediation required pursuant to this chapter. (a) The property inspection shall include, but not be limited to, obtaining evidence of hazardous chemical use or storage and documentation of evidence of any chemical stains, cooking activity, and release or spillage of hazardous chemicals used to manufacture methamphetamine or fentanyl. (b) In conducting an inspection pursuant to this section, the local health officer may request copies of any law enforcement reports, forensic chemist reports, and any hazardous waste manifests, to evaluate all of the following: (1) The length of time the property was used as an illegal methamphetamine or fentanyl manufacturing or storage site. (2) The extent of the property actually used and contaminated in the manufacture of methamphetamine or fentanyl or the storage of methamphetamine, fentanyl, or a hazardous chemical. (3) The chemical process that was involved in the illegal methamphetamine or fentanyl manufacturing. (4) The chemicals that were removed from the scene. (5) The location of the illegal methamphetamine or fentanyl manufacturing or storage site in relation to the habitable areas of the property. (Amended by Stats. 2019, Ch. 691, Sec. 8. (AB 1596) Effective January 1, 2020.)
  18. 25400.20.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 3. Local Health Officer Responsibilities [25400.17 - 25400.22] ( Article 3 added by Stats. 2005, Ch. 570, Sec. 1. )

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    A local health officer must promptly determine whether inspected property is contaminated and, depending on that result, take specified follow-up steps.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 3. Local Health Officer Responsibilities [25400.17 - 25400.22] ( Article 3 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.20. (a) Upon completing an inspection pursuant to Section 25400.19, the local health officer shall immediately determine whether the property is contaminated. (b) If the local health officer determines the property is contaminated, the local health officer shall take the actions specified in Section 25400.22. (c) If the local health officer determines that the property is not contaminated, within three working days after making that determination, the local health officer shall remove all notices posted pursuant to Section 25400.18 and prepare a written documentation of this determination, which shall include all of the following: (1) Findings and conclusions. (2) Name of the property owner, and, if applicable, mailing and street address or space number of the property or vehicle identification number of the recreational vehicle. (3) Parcel identification number, if applicable. (d) Within 10 working days after preparing a written documentation of the determination made pursuant to subdivision (c) that the property is not contaminated, the local health officer shall send a copy of the documentation to the property owner, and to the local agency responsible for enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13). (e) In the case of a property specified in paragraph (2) of subdivision (v) of Section 25400.11, the local health officer shall, upon completing the inspection pursuant to Section 25400.19, determine the responsibility for the remediation required pursuant to this chapter in accordance with the following: (1) Except as provided in paragraph (3), if the land on which the mobilehome, manufactured home, or recreational vehicle is located is contaminated, the owner of the mobilehome park or special occupancy park shall be held responsible for compliance with this chapter. (2) Except as provided in paragraph (3), if the mobilehome, manufactured home, or recreational vehicle is contaminated, the registered owner of the mobilehome, manufactured home, or recreational vehicle shall be held responsible for compliance with this chapter. (3) If both the land on which the mobilehome, manufactured home, or recreational vehicle is located is contaminated and the mobilehome, manufactured home, or recreational vehicle itself is contaminated, the local health officer shall determine, based on the local health officer’s findings and determinations, whether the owner of the mobilehome park or special occupancy park or the registered owner of the mobilehome, manufactured home, or recreational vehicle, or both, shall be held responsible for compliance with this chapter. The local health officer shall submit a notice to each owner determined to be responsible for remediation, as to the owner’s individual responsibility pursuant to this chapter. (4) If the local health officer makes the determination specified in paragraph (2) or (3), the mobilehome park or special occupancy park manager and the owner of the land on which the mobilehome, manufactured home, or recreational vehicle is located shall also receive a copy of any notice served on the registered owner, lessee, renter, or occupant of the mobilehome, manufactured home, or recreational vehicle. (Amended by Stats. 2019, Ch. 691, Sec. 9. (AB 1596) Effective January 1, 2020.)
  19. 25400.22.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 3. Local Health Officer Responsibilities [25400.17 - 25400.22] ( Article 3 added by Stats. 2005, Ch. 570, Sec. 1. )

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    After a local health officer determines property is contaminated, the officer must quickly record or file the required lien, restraint, or vehicle stop and serve and post the order.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 3. Local Health Officer Responsibilities [25400.17 - 25400.22] ( Article 3 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.22. (a) No later than 10 working days after the date when a local health officer determines that property is contaminated pursuant to subdivision (b) of Section 25400.20, the local health officer shall do all of the following: (1) Except as provided in paragraph (2), if the property is real property, record with the county recorder a lien on the property. The lien shall specify all of the following: (A) The name of the agency on whose behalf the lien is imposed. (B) The date on which the property is determined to be contaminated. (C) The legal description of the real property and the assessor’s parcel number. (D) The record owner of the property. (E) The amount of the lien, which shall be the greater of two hundred dollars ($200) or the costs incurred by the local health officer in compliance with this chapter, including, but not limited to, the cost of inspection performed pursuant to Section 25400.19 and the county recorder’s fee. (2) (A) If the property is a mobilehome or manufactured home specified in paragraph (2) of subdivision (v) of Section 25400.11, amend the permanent record with a restraint on the mobilehome, or manufactured home with the Department of Housing and Community Development, in the form prescribed by that department, providing notice of the determination that the property is contaminated. (B) If the property is a recreational vehicle specified in paragraph (2) of subdivision (v) of Section 25400.11, perfect by filing with the Department of Motor Vehicles a vehicle license stop on the recreational vehicle in the form prescribed by that department, providing notice of the determination that the property is contaminated. (C) If the property is a mobilehome or manufactured home, not subject to paragraph (2) of subdivision (v) of Section 25400.11, is located on real property, and is not attached to that real property, the local health officer shall record a lien for the real property with the county recorder, and the Department of Housing and Community Development shall amend the permanent record with a restraint for the mobilehome or manufactured home, in the form and with the contents prescribed by that department. (3) A lien, restraint, or vehicle license stop issued pursuant to paragraph (2) shall specify all of the following: (A) The name of the agency on whose behalf the lien, restraint, or vehicle license stop is imposed. (B) The date on which the property is determined to be contaminated. (C) The legal description of the real property and the assessor’s parcel number, and the mailing and street address or space number of the manufactured home, mobilehome, or recreational vehicle or the vehicle identification number of the recreational vehicle, if applicable. (D) The registered owner of the mobilehome, manufactured home, or recreational vehicle, if applicable, or the name of the owner of the real property as indicated in the official county records. (E) The amount of the lien, if applicable, which shall be the greater of two hundred dollars ($200) or the costs incurred by the local health officer in compliance with this chapter, including, but not limited to, the cost of inspection performed pursuant to Section 25400.19 and the fee charged by the Department of Housing and Community Development and the Department of Motor Vehicles pursuant to paragraph (2) of subdivision (b). (F) Other information required by the county recorder for the lien, the Department of Housing and Community Development for the restraint, or the Department of Motor Vehicles for the vehicle license stop. (4) Issue to persons specified in subdivisions (d), (e), and (f) an order prohibiting the use or occupancy of the contaminated portions of the property. (b) (1) The county recorder’s fees for recording and indexing documents provided for in this section shall be in the amount specified in Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code. (2) The Department of Housing and Community Development and the Department of Motor Vehicles may charge a fee to cover its administrative costs for recording and indexing documents provided for in paragraph (2) of subdivision (a). (c) (1) A lien recorded pursuant to subdivision (a) shall have the force, effect, and priority of a judgment lien. The restraint amending the permanent record pursuant to subdivision (a) shall be displayed on any manufactured home or mobilehome title search until the restraint is released. The vehicle license stop shall remain in effect until it is released. (2) The local health officer shall not authorize the release of a lien, restraint, or vehicle license stop made pursuant to subdivision (a), until one of the following occurs: (A) The property owner satisfies the real property lien, or the contamination in the mobilehome, manufactured home, or recreational vehicle is abated to the satisfaction of the local health officer consistent with the notice in the restraint, or vehicle license stop and the local health officer issues a release pursuant to Section 25400.27. (B) For a manufactured home or mobilehome, the local health officer determines that the unit will be destroyed or permanently salvaged. For purposes of this paragraph, the unit shall not be reregistered after this determination is made unless the local health officer issues a release pursuant to Section 25400.27. (C) The lien, restraint, or vehicle license stop is extinguished by a senior lien in a foreclosure sale. (d) Except as otherwise specified in this section, an order issued pursuant to this section shall be served, either personally or by certified mail, return receipt requested, in the following manner: (1) For real property, to all known occupants of the property and to all persons who have an interest in the property, as contained in the records of the recorder’s office of the county in which the property is located. (2) In the case of a mobilehome or manufactured home, the order shall be served to the legal owner, as defined in Section 18005.8, each junior lienholder, as defined in Section 18005.3, and the registered owner, as defined in Section 18009.5. (3) In the case of a recreational vehicle, the order shall be served on the legal owner, as defined in Section 370 of the Vehicle Code, and the registered owner, as defined in Section 505 of the Vehicle Code. (e) If the whereabouts of the person described in subdivision (d) are unknown and cannot be ascertained by the local health officer, in the exercise of reasonable diligence, and the local health officer makes an affidavit to that effect, the local health officer shall serve the order by personal service or by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, as follows: (1) The order related to real property shall be served to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located, and to all occupants of the affected unit. (2) In the case of a mobilehome or manufactured home, the order shall be served to the legal owner, as defined in Section 18005.8, each junior lienholder, as defined in Section 18005.3, and the registered owner, as defined in Section 18009.5, at the address appearing on the permanent record and all occupants of the affected unit at the mobilehome park space. (3) In the case of a recreational vehicle, the order shall be served on the legal owner, as defined in Section 370 of the Vehicle Code, and the registered owner, as defined in Section 505 of the Vehicle Code, at the address appearing on the permanent record and all occupants of the affected vehicle at the mobilehome park or special occupancy park space. (f) (1) The local health officer shall also mail a copy of the order required by this section to the address of each person or party having a recorded right, title, estate, lien, or interest in the property and to the association of a common interest development, as defined in Sections 4080 and 4100 or Sections 6528 and 6534 of the Civil Code. (2) In addition to the requirements of paragraph (1), if the affected property is a mobilehome, manufactured home, or recreational vehicle specified in paragraph (2) of subdivision (v) of Section 25400.11, the order issued by the local health officer shall also be served, either personally or by certified mail, return receipt requested, to the owner of the mobilehome park or special occupancy park. (g) The order issued pursuant to this section shall include all of the following information: (1) A description of the property. (2) The parcel identification number, address, or space number, if applicable. (3) The vehicle identification number, if applicable. (4) A description of the local health officer’s intended course of action. (5) A specification of the penalties for noncompliance with the order. (6) A prohibition on the use of all or portions of the property that are contaminated. (7) A description of the measures the property owner is required to take to decontaminate the property. (8) An indication of the potential health hazards involved. (9) A statement that a property owner who fails to provide a notice or disclosure that is required by this chapter is subject to a civil penalty of up to five thousand dollars ($5,000). (h) The local health officer shall provide a copy of the order to the local building or code enforcement agency or other appropriate agency responsible for the enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13). (i) The local health officer shall post the order in a conspicuous place on the property within one working day of the date that the order is issued. (Amended by Stats. 2019, Ch. 691, Sec. 10. (AB 1596) Effective January 1, 2020.)
  20. 25400.25.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 4. Site Assessment and Remediation [25400.25 - 25400.28] ( Article 4 added by Stats. 2005, Ch. 570, Sec. 1. )

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    People subject to a contamination order must leave the affected unit immediately, and the property owner must show within 30 days that an authorized remediation firm has been retained.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 4. Site Assessment and Remediation [25400.25 - 25400.28] ( Article 4 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.25. (a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine or fentanyl laboratory activity, a property owner who owns property that is the subject of an order posted pursuant to subdivision (i) of Section 25400.22, and a person occupying property that is the subject of the order, shall immediately vacate the affected unit, including the mobilehome, manufactured home, or recreational vehicle, as applicable, and any accessory building or structure related thereto, that is determined to be in a hazardous zone by the local health officer. (b) In addition to authority granted by the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) and the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the owner of a mobilehome park or special occupancy park in which a manufactured home, mobilehome, or recreational vehicle subject to the order is located may terminate tenancy in order to obtain possession of the space by service of a three-day notice to quit in accordance with paragraph (4) of Section 1161 of the Code of Civil Procedure. (c) No later than 30 days after receipt of an order issued pursuant to Section 25400.22, the property owner shall demonstrate to the local health officer that the property owner has retained a methamphetamine or fentanyl laboratory site remediation firm that is an authorized contractor to remediate the contamination caused by the methamphetamine or fentanyl laboratory activity. (Amended by Stats. 2019, Ch. 691, Sec. 11. (AB 1596) Effective January 1, 2020.)
  21. 25400.26.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 4. Site Assessment and Remediation [25400.25 - 25400.28] ( Article 4 added by Stats. 2005, Ch. 570, Sec. 1. )

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    Owners of contaminated property must use an authorized contractor, submit and follow a preliminary site assessment work plan, keep records, and finish remediation within the stated deadlines unless the local health officer extends the completion date in writing.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 4. Site Assessment and Remediation [25400.25 - 25400.28] ( Article 4 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.26. (a) A property owner who receives an order issued pursuant to Section 25400.22 that property owned by that person is contaminated by a methamphetamine or fentanyl laboratory activity, or a property owner who owns property that is the subject of an order posted pursuant to subdivision (i) of Section 25400.22, shall utilize the services of an authorized contractor to remediate the contamination caused by the methamphetamine or fentanyl laboratory activity, in accordance with the procedures specified in this section. (b) The property owner and the local health officer shall keep all required records documenting decontamination procedures for three years following certification that the property is habitable. (c) The property owner or the property owner’s authorized contractor shall submit a preliminary site assessment work plan to the local health officer for review no later than 30 days after demonstrating to the local health officer that an authorized contractor has been retained to remediate the contamination caused by the methamphetamine or fentanyl laboratory activity. (d) (1) No later than 10 working days after the date the PSA work plan is submitted by the property owner, or the property owner’s authorized contractor, the local health officer shall review the PSA work plan to determine whether the PSA work plan complies with this chapter, including the procedures established pursuant to Section 25400.35. (2) If there are any deficiencies in a submitted PSA work plan, the local health officer shall inform the property owner and authorized contractor, in writing, of those deficiencies no later than 15 days of the date that the PSA work plan was submitted to the local health officer. (3) If the local health officer approves the plan, the local health officer shall inform in writing, the property owner and authorized contractor no later than 15 days of the date that the PSA work plan was submitted to the local health officer. (e) (1) After a PSA is completed in accordance with the PSA work plan, the property owner and authorized contractor shall prepare a PSA report in accordance with Section 25400.37 and submit the PSA report to the local health officer. (2) If after a PSA is completed in accordance with a PSA work plan, and the local health officer, upon review of the PSA report, determines there is no level of contamination at a site that requires remediation, the local health officer shall take the actions specified in Section 25400.27. (f) The property owner shall complete remediation of all applicable portions of the contaminated property in accordance with this chapter no later than 90 days after the date that the PSA work plan has been approved by the local health officer. The local health officer may extend the date for completion of the remediation, in writing. (g) If the owner of a mobilehome park performs the remediation on a manufactured home, mobilehome, or recreational vehicle that is property pursuant to paragraph (2) of subdivision (v) of Section 25400.11, the owner of the mobilehome park shall comply with the property owner requirements in subdivisions (a), (b), (c), (e), and (f), and the local health officer shall provide information to that owner as required by subdivision (d). (Amended by Stats. 2019, Ch. 691, Sec. 12. (AB 1596) Effective January 1, 2020.)
  22. 25400.27.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 4. Site Assessment and Remediation [25400.25 - 25400.28] ( Article 4 added by Stats. 2005, Ch. 570, Sec. 1. )

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    A local health officer must issue a no further action determination when remediation requirements are met, and must release related liens or other restraints within 10 working days.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 4. Site Assessment and Remediation [25400.25 - 25400.28] ( Article 4 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.27. (a) If a local health officer determines that property that has been the subject of a PSA report has been remediated in accordance with this chapter, or if the local health officer makes the determination specified in paragraph (2) of subdivision (e) of Section 25400.26, the local health officer shall issue a no further action determination. (b) Within 10 working days of the date of making the determination or of receiving payment for the amount of the lien recorded on real property pursuant to paragraph (1) of subdivision (a) of Section 25400.22, whichever is later, the local health officer shall do all of the following: (1) If the real property was the source of the contamination, release the real property lien recorded with the county recorder. The release shall specify all of the following: (A) The name of the agency on whose behalf the lien is imposed. (B) The recording date of the lien being released. (C) The legal description of the real property and the assessor’s parcel number. (D) The record owner of the property. (E) The recording instrument, or book and page, of the lien being released. (2) If a mobilehome or manufactured home that is property pursuant to paragraph (2) of subdivision (v) of Section 25400.11 was the source of the contamination, release the restraint amended into the permanent record of the Department of Housing and Community Development, if the permanent record was amended previously with a restraint. The release shall specify all of the following: (A) The name of the agency on whose behalf the restraint was filed. (B) The date on which the property was determined to be contaminated. (C) The legal identification number of the unit for which the restraint is being released. (D) The legal owner, registered owner, and any junior lienholders of the manufactured home or mobilehome. (3) If a recreational vehicle that is property pursuant to paragraph (2) of subdivision (v) of Section 25400.11 was the source of the contamination, release the vehicle license stop filed with the Department of Motor Vehicles. The release shall specify all of the following: (A) The name of the agency on whose behalf the vehicle license stop is imposed. (B) The recording date of the vehicle license stop being released. (C) The vehicle identification number. (D) The legal and registered owner of the property. (4) Send a copy of the release stating that the property was remediated in accordance with this chapter, does not violate the standard for human occupancy established pursuant to this chapter, and is habitable, or was salvaged or destroyed pursuant to subparagraph (B) of paragraph (2) of subdivision (c) of Section 25400.22, to the property owner, owner of the mobilehome park or special occupancy park in which the property is located, to the property owner, local agency responsible for the enforcement of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13), and all recipients pursuant to this section and Section 25400.22. (Amended by Stats. 2019, Ch. 691, Sec. 13. (AB 1596) Effective January 1, 2020.)
  23. 25400.28.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 4. Site Assessment and Remediation [25400.25 - 25400.28] ( Article 4 added by Stats. 2005, Ch. 570, Sec. 1. )

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    While a property remains under a pending remediation order, the owner must give required written notices and copies to buyers and tenants, and certain mobilehome-related sales or rentals are restricted until notice requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 4. Site Assessment and Remediation [25400.25 - 25400.28] ( Article 4 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.28. Until a property owner subject to Section 25400.25 receives a notice from a local health officer pursuant to Section 25400.27 that the property identified in an order requires no further action, all of the following shall apply to that property: (a) Except as otherwise required in Section 1102.3 or 1102.3a of the Civil Code, the property owner shall notify the prospective buyer in writing of the pending order, and provide the prospective buyer with a copy of the pending order. The prospective buyer shall acknowledge, in writing, the receipt of a copy of the pending order. (b) The property owner shall provide written notice to all prospective tenants that have completed an application to rent an affected dwelling unit or other property of the remediation order, and shall provide the prospective tenant with a copy of the order. The prospective tenant shall acknowledge, in writing, the receipt of the notice and pending order before signing a rental agreement. The notice shall be attached to the rental agreement. If the property owner does not comply with this subdivision, the prospective tenant may void the rental agreement. (c) (1) If a mobilehome, manufactured home, or recreational vehicle, as specified in paragraph (2) of subdivision (v) of Section 25400.11, is the subject of the order issued by the local health officer pursuant to paragraph (3) of subdivision (a) of Section 25400.22 or the subject of a notice posted pursuant to subdivision (i) of Section 25400.22, the mobilehome, manufactured home, or recreational vehicle shall not be sold, rented, or occupied until the seller or lessor of the mobilehome, manufactured home, or recreational vehicle or the seller’s or lessor’s agent notifies the prospective buyer or tenant, and the owner of the mobilehome park or special occupancy park in which the mobilehome, manufactured home, or recreational vehicle is located, in writing, of all methamphetamine or fentanyl laboratory activities that have taken place in the mobilehome, manufactured home, or recreational vehicle and any remediation of the home or vehicle, the prospective buyer, tenant, or lessee is provided with a copy of the order. (2) If a mobilehome, manufactured home, or recreational vehicle specified in paragraph (1) is subject to a sale, the prospective buyer shall acknowledge in writing receipt of the notice and a copy of the order specified in this subdivision before taking possession of the mobilehome, manufactured home, or recreational vehicle. (3) If the mobilehome, manufactured home, or recreational vehicle specified in paragraph (1) is subject to a rental agreement or lease, the notice and order specified in this subdivision shall be attached to the rental agreement. (4) If the owner of a mobilehome, manufactured home, or recreational vehicle specified in paragraph (1) does not comply with the requirements of this subdivision, a prospective tenant may void the rental agreement and a prospective buyer may void the purchase agreement, as applicable. (5) If the remediation of a mobilehome, manufactured home, or recreational vehicle specified in paragraph (1) is not completed by the registered owner of the mobilehome, manufactured home, or recreational vehicle in compliance with an order issued by a local health officer pursuant to this chapter, in addition to authority granted by the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code) and the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the owner of the mobilehome park or special occupancy park may remove, dismantle, demolish, or otherwise abate the nuisance. (6) An activity specified in paragraph (5) to remove and dispose of the mobilehome, manufactured home, or recreational vehicle shall only be taken by an authorized contractor. In addition to any other requirements of this chapter, the registered owner of the recreational vehicle or registered owner of the mobilehome or manufactured home, as applicable, is severally and collectively liable for the cost of any remediation ordered by the local health officer. (Amended by Stats. 2019, Ch. 691, Sec. 14. (AB 1596) Effective January 1, 2020.)
  24. 25400.30.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 5. Remediation of Contaminated Property by a City or County [25400.30- 25400.30.] ( Article 5 added by Stats. 2005, Ch. 570, Sec. 1. )

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    A city or county may clean up contaminated property if the owner fails to do so, and the owner must pay the cleanup costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 5. Remediation of Contaminated Property by a City or County [25400.30- 25400.30.] ( Article 5 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.30. (a) (1) If a property owner does not initiate or complete the remediation of property in compliance with an order issued by a local health officer pursuant to this chapter, the city or county in which the property is located may, at its discretion, take action to remediate the contaminated or residually contaminated portion of the property pursuant to this chapter or may seek a court order to require the property owner to remediate the property in compliance with this chapter. (2) Before a city or county takes an action pursuant to paragraph (1) regarding property specified in paragraph (2) of subdivision (v) of Section 25400.11, the city or county shall give a written notice of not less than 10 days in advance to the mobilehome park or special occupancy park owner to allow for remediation by the mobilehome park or special occupancy park owner in the manner prescribed by this chapter in addition to any other notice required by this section. If the mobilehome park or special occupancy park owner agrees, in writing, to undertake that remediation in compliance with the order, the city or county shall not take action pursuant to this section unless the owner is not in compliance with the agreement. (b) If a local health officer is unable to locate a property owner within 10 days after the date the local health officer issues an order pursuant to Section 25400.22, the city or county in which the property is located may remediate the property in accordance with this article. The city or county or its contractors may remove contaminated property as part of this remediation activity. (c) If a city or county elects to remediate contaminated property pursuant to this article, the property owner is liable for, and shall pay the city or county for, all actual costs related to the remediation, including, but not limited to, all of the following: (1) Posting and physical security of the contaminated site. (2) Notification of affected people, businesses, or any other entity. (3) Actual expenses related to the recovery of cost, laboratory fees, cleanup services, removal costs, and administrative and filing fees. (d) If a real property owner does not pay the city or county for the costs of remediation specified in subdivision (c), the city or county may record a nuisance abatement lien pursuant to Section 38773.1 of the Government Code against the real property for the actual costs related to the remediation or bring an action against the real property owner for the remediation costs. The nuisance abatement lien shall have the effect, priority, and enforceability of a judgment lien from the date of its recordation. (Amended by Stats. 2019, Ch. 691, Sec. 15. (AB 1596) Effective January 1, 2020.)
  25. 25400.35.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 6. Requirements for Property Assessment and Cleanup [25400.35 - 25400.40] ( Article 6 added by Stats. 2005, Ch. 570, Sec. 1. )

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    A local health officer must create a written remediation plan for contaminated property cleanup, and the plan’s procedures must follow this article and related regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 6. Requirements for Property Assessment and Cleanup [25400.35 - 25400.40] ( Article 6 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.35. A local health officer shall establish a written plan consistent with this chapter outlining the procedures to be followed for conducting the remediation to property for purposes of this chapter. The procedures shall comply with this article and any regulations adopted pursuant to this chapter, and shall include, but not be limited to, procedures for the preparation of a preliminary site assessment work plan, the conduct of a preliminary site assessment to determine the extent and level of contamination, in accordance with that PSA work plan, and the preparation of a PSA report containing the results of the preliminary site assessment and recommendations for remediation to meet the occupancy standards specified in Section 25400.16. (Added by Stats. 2005, Ch. 570, Sec. 1. Effective January 1, 2006.)
  26. 25400.36.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 6. Requirements for Property Assessment and Cleanup [25400.35 - 25400.40] ( Article 6 added by Stats. 2005, Ch. 570, Sec. 1. )

    Verify source ↗

    The PSA work plan must include specified information about the property, contamination, sampling, and remediation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 6. Requirements for Property Assessment and Cleanup [25400.35 - 25400.40] ( Article 6 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.36. The PSA work plan shall include, but is not limited to, all of the following: (a) The physical location of the property. (b) A summary of the information obtained from law enforcement, the local health officer, and other involved local agencies. The summary shall include a discussion of the information’s relevance to the contamination, including areas suspected of being contaminated, and may include all of the following information: (1) Duration of laboratory operation and number of batches cooked or processed. (2) Hazardous chemicals known to have been manufactured. (3) Recipes and methods used. (4) Chemicals and equipment found, by location, used in connection with the manufacture or storage of the hazardous chemicals. (5) Location of contaminated cooking and storage areas. (6) Visual assessment of the severity of contamination inside and outside of the structure where the laboratory was located. (7) Assessment of contamination of adjacent rooms, units, apartments, or structures. (8) Disposal methods observed at or near the site, including dumping, burning, burial, venting, or drain disposal. (9) A comparison of the chemicals on the manifest with known methods of manufacture in order to identify other potential contaminants. (10) A determination as to whether the methamphetamine or fentanyl manufacturing method included the use of chemicals containing mercury or lead, including lead acetate, mercuric chloride, or mercuric nitrate. (c) A description of the areas to be sampled and the basis for the selection of the areas. This element of the PSA work plan shall also document the decision process used in determining not to sample particular areas. The PSA work plan shall consider both primary and secondary areas of concern. (1) The primary areas of concern included in the work plan shall include all the following areas: (A) Any area that has obvious staining caused by the use or manufacture of hazardous chemicals. (B) Any processing or cooking area, with contamination caused by spills, boilovers, or explosions, or by chemical fumes and gases created during cooking. The area may include floors, walls, ceilings, glassware, and containers, working surfaces, furniture, carpeting, draperies and other textile products, plumbing fixtures and drains, and heating and air-conditioning vents. (C) Any disposal area, including such indoor areas as sinks, toilets, bathtubs, plumbing traps and floor drains, vents, vent fans, and chimney flues and such outdoor areas that may be contaminated by dumping or burning on or near soil, surface water, groundwater, sewer or storm systems, septic systems, and cesspools. (D) Chemical storage areas that may be contaminated by spills, leaks, or open containers. (2) The secondary areas of concern shall include all of the following: (A) Any location where contamination may have migrated, including hallways or other high traffic areas. (B) Common areas in multiple dwellings, apartments, and adjacent apartments or rooms, or mobilehome parks and special occupancy parks, including adjacent permanent buildings, manufactured homes, mobilehomes, or recreational vehicles, and the floors, walls, ceilings, furniture, carpeting, light fixtures, blinds, draperies, and other textile products in all of those areas. (C) Common ventilation or plumbing systems in hotels, mobilehome parks, special occupancy parks, and multiple dwellings. (d) Sampling protocols, analytical methods, and laboratories to use and their relevant certifications or accreditations. (e) A description of areas and items that will be remediated in lieu of sampling, if any. (Amended by Stats. 2019, Ch. 691, Sec. 16. (AB 1596) Effective January 1, 2020.)
  27. 25400.37.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 6. Requirements for Property Assessment and Cleanup [25400.35 - 25400.40] ( Article 6 added by Stats. 2005, Ch. 570, Sec. 1. )

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    After the preliminary site assessment is completed under the PSA work plan, a PSA report must be prepared and submitted to the local health officer.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 6. Requirements for Property Assessment and Cleanup [25400.35 - 25400.40] ( Article 6 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.37. After a preliminary site assessment is completed in accordance with the PSA work plan, a PSA report shall be prepared and submitted to the local health officer. The PSA report shall be thorough and specific in reporting findings and recommendations and shall include all of the following: (a) The location of the site, including all of the following, as applicable: (1) Street address and mailing address of the contaminated property, the owner of record and mailing address, legal description, and clear directions for locating the property. (2) (A) If the property is a manufactured home or mobilehome, the legal owner, as defined in Section 18005.8, each junior lienholder, as defined in Section 18005.3, and the registered owner, as defined in Section 18009.5. (B) If the property is a recreational vehicle, the legal owner, as defined in Section 370 of the Vehicle Code, and the registered owner, as defined in Section 505 of the Vehicle Code. (b) A site map, including a diagram of the contaminated property. The diagram shall include floor plans of affected buildings and local drinking water wells and nearby streams or other surface waters, if potentially impacted, and shall show the location of damage and contamination and the location of sampling points used in the preliminary site assessment. All sampling point locations shall be keyed to the sampling results and remediation recommendations. (c) A description of the sampling methods and analytical protocols used in the preliminary site assessment. (d) A description of the sampling results. (e) Information regarding the background samples and results obtained. (f) Specific recommendations, including methods, for remedial actions required to meet the human occupancy standards specified in Section 25400.16, including, but not limited to, any required decontamination, demolition, or disposal. (g) A plan for postremediation site assessment, including specific sampling requirements and methodologies, and locations at which samples are to be obtained. (Amended by Stats. 2006, Ch. 789, Sec. 12. Effective January 1, 2007.)
  28. 25400.38.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 6. Requirements for Property Assessment and Cleanup [25400.35 - 25400.40] ( Article 6 added by Stats. 2005, Ch. 570, Sec. 1. )

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    The PSA work plan and PSA report must be signed and notarized by the contractor responsible for the preliminary site assessment and by a certified industrial hygienist.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 6. Requirements for Property Assessment and Cleanup [25400.35 - 25400.40] ( Article 6 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.38. The PSA work plan and PSA report shall be signed and notarized by the contractor responsible for the completion of the preliminary site assessment and by a certified industrial hygienist for sufficiency and completeness. (Added by Stats. 2005, Ch. 570, Sec. 1. Effective January 1, 2006.)
  29. 25400.40.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 6. Requirements for Property Assessment and Cleanup [25400.35 - 25400.40] ( Article 6 added by Stats. 2005, Ch. 570, Sec. 1. )

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    A person may not do preliminary site assessment or remediation work for this chapter unless required training is completed first.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 6. Requirements for Property Assessment and Cleanup [25400.35 - 25400.40] ( Article 6 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.40. (a) A person shall not perform a preliminary site assessment or any remediation work pursuant to this chapter, including a decontamination, demolition, or disposal, unless the person has completed all of the following: (1) Initial training pursuant to subparagraph (A) of paragraph (3) of, or paragraph (4) of, subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations, as applicable. That training shall include elements listed pursuant to subparagraphs (A) to (G), inclusive, of paragraph (2) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations. (2) Annual refresher training pursuant to paragraph (8) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations. (3) Additional requirements as determined by the local health officer, or other applicable law. (b) Training specified in paragraphs (1) and (2) of subdivision (a) shall be certified pursuant to paragraph (6) of subdivision (e) of Section 5192 of Title 8 of the California Code of Regulations. (Added by Stats. 2005, Ch. 570, Sec. 1. Effective January 1, 2006.)
  30. 25400.45.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 7. Enforcement and Liability [25400.45 - 25400.47] ( Article 7 added by Stats. 2005, Ch. 570, Sec. 1. )

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    Property owners can be fined up to $5,000 for failing to give required notices or disclosures, and people can be fined up to $5,000 for violating certain local health officer orders. A property owner may also have to pay the full cost of harm to public health or the environment caused by noncompliance.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 7. Enforcement and Liability [25400.45 - 25400.47] ( Article 7 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.45. (a) A property owner who does not provide a notice or disclosure required by this chapter is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). A property owner shall also be assessed the full cost of all harm to public health or to the environment resulting from the property owner’s failure to comply with this chapter. (b) A person who violates an order issued by a local health officer pursuant to this chapter prohibiting the use or occupancy of a property or a portion thereof contaminated by a methamphetamine or fentanyl laboratory activity is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). (Amended by Stats. 2019, Ch. 691, Sec. 17. (AB 1596) Effective January 1, 2020.)
  31. 25400.46.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 7. Enforcement and Liability [25400.45 - 25400.47] ( Article 7 added by Stats. 2005, Ch. 570, Sec. 1. )

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    Some property owners must pay cleanup-related costs if contaminated property is identified, and non-owner lab-activity participants must reimburse those costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 7. Enforcement and Liability [25400.45 - 25400.47] ( Article 7 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.46. (a) A property owner who receives an order issued by a local health officer pursuant to Section 25400.22, or a property owner who owns property that is the subject of a notice posted pursuant to subdivision (i) of Section 25400.22, is liable for, and shall pay all of the following costs if it is determined that the property is contaminated: (1) The cost of any testing. (2) Any cost related to maintaining records with regard to the property. (3) The cost of remediating the property, including any decontamination or disposal expenses. (4) Any actual cost incurred by the local health officer or any other local or state agency resulting from the enforcement of this chapter and oversight of the implementation of the PSA work plan and the PSA report, with regard to that property. (b) A person who conducts methamphetamine or fentanyl laboratory activity on or at property subject to subdivision (a), and who is not the owner of that property, is liable for, and shall reimburse the owner of the property for, any cost that property owner may incur pursuant to subdivision (a). (c) The owner of a mobilehome, manufactured home, or recreational vehicle, in or about which a methamphetamine or fentanyl laboratory activity occurred, is liable for, and shall reimburse the owner of the real property on which the mobilehome, manufactured home, or recreational vehicle is located for, any cost the owner of the real property incurs pursuant to subdivision (a). (Amended by Stats. 2019, Ch. 691, Sec. 18. (AB 1596) Effective January 1, 2020.)
  32. 25400.47.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 7. Enforcement and Liability [25400.45 - 25400.47] ( Article 7 added by Stats. 2005, Ch. 570, Sec. 1. )

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    If a mobilehome, manufactured home, or recreational vehicle site involved methamphetamine or fentanyl lab activity is not cleaned up or paid for on time, the park owner may start eviction-related steps, abate the nuisance, remediate or remove the vehicle/home, enforce a lien, or treat unpaid costs as rent.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act [25400.10 - 25400.47] ( Heading of Chapter 6.9.1 amended by Stats. 2019, Ch. 691, Sec. 1. ) ## ARTICLE 7. Enforcement and Liability [25400.45 - 25400.47] ( Article 7 added by Stats. 2005, Ch. 570, Sec. 1. ) ## 25400.47. (a) If the registered owner of a mobilehome, manufactured home, or recreational vehicle, in or about which methamphetamine or fentanyl laboratory activity occurred, does not take the action required by subdivision (b) of Section 25400.25, within 30 days, as required by the order issued by a local health officer, or does not pay the city or county for the costs of remediation specified in subdivision (c) of Section 25400.30, the mobilehome park or special occupancy park owner may immediately initiate the actions authorized by paragraph (5) of subdivision (c) of Section 25400.28, including, but not limited to, terminating the tenancy of the owner of the mobilehome, manufactured home, or recreational vehicle, if any, by a written noncurable three-day notice to quit, and not later than 30 days after restitution of possession of the real property, or vacation or abandonment of the tenancy, the mobilehome park or special occupancy park owner or operator may abate any nuisance and take any of the following actions: (1) Remediate the mobilehome, manufactured home, or recreational vehicle in accordance with the requirements of this chapter, in compliance with the PSA work plan. (2) Immediately cause an authorized contractor to remove and dispose of the mobilehome, manufactured home, or recreational vehicle. (3) Remove and dispose of the mobilehome, manufactured home, or recreational vehicle. (4) In a special occupancy park, notwithstanding Section 3072 of the Civil Code or Sections 22851.3 or 22851.8 of the Vehicle Code, or in a mobilehome park, enforce a warehouseman’s lien in accordance with Sections 7209 and 7210 of the Commercial Code against the recreational vehicle. (b) If the owner of a mobilehome, manufactured home, or recreational vehicle, in or about which methamphetamine or fentanyl laboratory activity occurred, does not pay the city or county for the costs of remediation specified in subdivision (c) of Section 25400.30, or does not reimburse the mobilehome park or special occupancy park owner where the mobilehome, manufactured home, or recreational vehicle is located, for any cost that the mobilehome park owner incurs pursuant to this chapter to remediate the property, a mobilehome park owner may, in addition to any other remedy allowed by law, treat the amount due as rent and serve a notice and initiate an action for nonpayment of rent as allowed by Section 798.56 of the Civil Code and a special occupancy park owner may treat the amount due as rent and serve a notice and initiate any action permitted for nonpayment of rent pursuant to the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code). (c) (1) A warehouseman’s lien may be enforced pursuant to paragraph (4) of subdivision (a) only if the notification specified in paragraph (2) of subdivision (b) of Section 7210 of the Commercial Code, in addition to including the itemized statement of the claim of the mobilehome park or special occupancy park owner, also includes an itemized statement of the city or county, if the city or county submits to the mobilehome park or special occupancy park owner a claim for the costs of remediation specified in subdivision (c) of Section 25400.30 at least 10 days before service of the notification. (2) A mobilehome park or special occupancy park owner may satisfy a warehouseman’s lien first from the proceeds of the sale of the mobilehome, manufactured home, or recreational vehicle. (3) A warehouseman’s lien enforced pursuant to this section that does not include a claim submitted by the city or county pursuant to paragraph (1) shall be deemed to meet the notification requirements of paragraph (1), but any balance of the proceeds of any sale shall be held pursuant to subdivision (f) of Section 7210 of the Commercial Code, for delivery on demand to the city or county, and thereafter to any person to whom the mobilehome park or special occupancy park owner would have been bound to deliver the mobilehome, manufactured home, or recreational vehicle. (Amended by Stats. 2019, Ch. 691, Sec. 19. (AB 1596) Effective January 1, 2020.)
  33. 25403.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. )

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    This section defines terms used in the hazardous material release cleanup chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. ) ## 25403. For purposes of this chapter, the following terms shall have the following meanings: (a) “Blighted area” means an area in which the local agency determines there are vacancies, abandonment of property, or a reduction or lack of proper utilization of property, and the presence or perceived presence of a release or releases of hazardous material contributes to the vacancies, abandonment of property, or reduction or lack of proper utilization of property. (b) “Blighted property” means property with the presence or perceived presence of a release or releases of hazardous material that contributes to the vacancies, abandonment of property, or reduction or lack of proper utilization of property. (c) “Clean up” or “cleanup” means an action taken to remove, as defined in Section 78135, remediate, as described in subdivision (a) or (b) of Section 78125, or otherwise abate the effects of a release of hazardous material. (d) “Cleanup plan” means a document that details the actions to be taken to clean up a release of a hazardous material. (e) “CUPA” means the Certified Unified Program Agency certified to implement the unified program pursuant to Chapter 6.11 (commencing with Section 25404). (f) “Department” means the Department of Toxic Substances Control. (g) “Designated agency” means an agency designated by the local agency pursuant to paragraph (1) or (2) of subdivision (e) of Section 25403.1. (h) “Director” means the Director of Toxic Substances Control. (i) “Hazardous material” has the same meaning as defined in subdivision (d) of Section 25260. (j) “Investigation” means an action taken to determine the source, nature, and extent of a release of hazardous material with sufficient detail to provide a reasonable basis for decisions regarding the cleanup of the hazardous material. An investigation does not include a Phase I or Phase II environmental site assessment. (k) “Investigation plan” means a document that specifies actions to be taken to investigate a suspected release of hazardous material. An investigation plan does not include a Phase I or Phase II environmental site assessment. (l) “Local agency” means both of the following: (1) A county, a city, or a city and county. (2) A “housing authority,” as provided in Section 34240, if the housing authority is an entity assuming the housing functions of a former redevelopment agency pursuant to paragraph (2) of subdivision (a) of Section 34176 and the property subject to this chapter was transferred from that successor agency to the housing authority. (m) “Person” means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, and corporation, including, but not limited to, a government corporation. “Person” also includes any local agency, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. (n) “Phase I environmental assessment” means a preliminary assessment of a property to determine whether there has been, or may have been, a release of hazardous material based on reasonable available information about the property and general vicinity. A Phase I environmental assessment shall meet the most current requirements adopted by the American Society for Testing and Materials (ASTM) for Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process or meet the requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations. (o) “Phase II environmental assessment” means an intrusive study where actual physical environmental samples are collected and analyzed to characterize the type and distribution of hazardous material in the environment. A phase II environmental assessment shall meet the most current requirements adopted by the American Society for Testing and Materials (ASTM) for Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process. (p) “Qualified independent contractor” means an independent contractor who is any of the following: (1) An engineering geologist who is certified pursuant to Section 7842 of the Business and Professions Code. (2) A geologist who is registered pursuant to Section 7850 of the Business and Professions Code. (3) A civil engineer who is registered pursuant to Section 6762 of the Business and Professions Code. (q) “Regional board” means a California regional water quality control board. (r) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment on blighted property. (s) “Responsible party” means a person described in subdivision (a) of Section 78145 of this code or subdivision (a) of Section 13304 of the Water Code. (t) “Site designation committee” means the committee established pursuant to Section 25261. (u) “State board” means the State Water Resources Control Board. (Amended by Stats. 2022, Ch. 258, Sec. 90. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  34. 25403.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. )

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    Local agencies may investigate or clean up hazardous material releases on blighted property, but must follow notice, review, and public-participation steps, and may get a right of entry in limited circumstances.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. ) ## 25403.1. (a) (1) (A) A local agency may, in accordance with this chapter, take any action that the local agency determines is necessary and that is consistent with other state and federal laws to investigate or clean up a release on, under, or from blighted property that the local agency has found to be within a blighted area within the local agency’s boundaries due to the presence of hazardous materials following a Phase I or Phase II environmental assessment pursuant to subdivision (f), whether the local agency owns that property or not. When taking action pursuant to this chapter, if the local agency does not own property that is the subject of the investigation and cleanup activities, the local agency has the right to enter that property, if, upon providing notice to the owner of that property in accordance with subparagraph (A) of paragraph (2) of subdivision (b), the owner of the property does not respond to the notice or the local agency reasonably deems the response inadequate. (B) The local agency shall contact the department or the appropriate regional board prior to issuing a notice pursuant to paragraph (2) of subdivision (b) in connection with a property on the National Priority List or a property or release subject to any of the following: (i) Chapter 6.5 (commencing with Section 25100). (ii) A Cease and Desist Order issued under Section 13301 of the Water Code. (iii) A Cleanup and Abatement Order issued under Section 13304 of the Water Code. (iv) An existing voluntary cleanup agreement between the regional board or the department and a responsible party that requires a cleanup by a specified date. (v) An order issued by a regional board pursuant to Section 13267 of the Water Code, or an agreement entered into by the department pursuant to Article 1 (commencing with Section 78650) of Chapter 4 of Part 2 of Division 45 or Section 25187, 78870, or 79055, for the investigation or cleanup at a site. (vi) A remedial action order, an imminent or substantial endangerment order or agreement, a prospective purchase agreement, or an order on consent issued pursuant to Section 78660, 78870, 79020, or 79055, as applicable. (vii) An expedited remediation order issued pursuant to the Chapter 6.86 (commencing with Section 25396). (viii) An agreement entered into pursuant to the California Land Reuse and Revitalization Act (Chapter 6.82 (commencing with Section 25395.60)), as specified in Section 25395.92. (ix) An agreement for the environmental oversight of schools entered into pursuant to Section 17213.1 of the Education Code and in accordance with Sections 17201 and 17210.1 of the Education Code. (C) (i) If the department or the regional board objects within 30 days to the local agency issuing the notice, the local agency and the department or regional board shall promptly meet and confer to resolve the department’s or regional board’s concerns. If the local agency and the department or the regional board cannot reach a mutually acceptable resolution on sites identified in clause (iv) of subparagraph (B) of paragraph (1), the matter shall be submitted to the site designation committee created pursuant to Section 25261. (ii) Notwithstanding subdivision (a) of Section 25261, the designee of the department or the regional board on the site designation committee shall not participate in the review of a dispute involving the department or a regional board, respectively. The decision of the site designation committee shall resolve the matter impartially, by majority vote, and within 45 days of the date on which the matter is presented. Either party to the dispute may present the matter to the site designation committee, and each party shall be given a reasonable opportunity to be heard. (2) A local agency shall, before taking action to clean up the release, do all of the following: (A) If the investigation has not been completed or additional investigation is necessary, have an investigation plan prepared by an independent qualified contractor. (B) Submit an investigation plan and cost recovery agreement to the regional board or the department for review and approval. (C) After completion of the investigation plan, have a cleanup plan prepared by an independent qualified contractor. (D) Submit a cleanup plan and existing applicable documents required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) to the regional board or to the department for approval. (E) Comply with the public participation requirements specified in Section 25403.7. (3) The regional board or the department shall act on the investigation plan within 30 days of receipt of the investigation plan. (4) The regional board or the department shall respond to the local agency’s request for approval of a cleanup plan within 60 days of the receipt of the plan. (5) Within 60 days after approval of the cleanup plan, pursuant to applicable statutes and regulations, the director or the regional board, as appropriate, shall acknowledge, in writing, that upon proper completion of the cleanup in accordance with the cleanup plan, the immunity provided by Section 25403.2 shall apply. (6) The local agency shall notify the department and local health and building departments and the regional board of any cleanup activity pursuant to this section at least 30 days before the commencement of the activity. (7) If an action taken by a local agency or a responsible party to clean up a release of a hazardous material does not meet, or is not consistent with, a cleanup plan approved by the regional board or the department, the department or the regional board that approved the cleanup plan may require the responsible party or local agency to take, or cause the taking of, additional action to clean up the release, as provided by applicable law. (8) If an administering agency for the site has been designated pursuant to Section 25262, the department or the regional board may impose any requirements for additional action pursuant to paragraph (7) only as provided in Sections 26263 and 25265. (9) If methane or landfill gas is present, the local agency shall obtain written approval from the Department of Resources Recycling and Recovery prior to taking action authorized under this subdivision. (b) Except as provided in subdivision (c), a local agency may take the actions specified in subdivision (a) only under one of the following conditions: (1) There is no responsible party for the release identified by the local agency. (2) Both of the following apply: (A) A party determined by the local agency to be a responsible party for the release has been notified by the local agency, or has received adequate notice from the department, a regional board, the California Environmental Protection Agency, or other governmental agency with relevant authority, and has been given 60 days to respond and to propose an investigation plan and schedule if in the opinion of the responsible party’s qualified independent contractor there is not enough site-specific data to prepare a cleanup plan, and 60 days to propose a cleanup plan and schedule following completion of the investigation plan in accordance with the investigation plan schedule approved by the local agency. (B) The responsible party specified in subparagraph (A) has not agreed within an additional 60 days to implement an investigation plan and schedule to investigate or clean up the release that meets both of the following requirements: (i) The investigation plan and schedule and the cleanup plan and schedule are acceptable to the local agency. (ii) The local agency makes a finding that the investigation plan and schedule and the cleanup plan and schedule are consistent with the intended development schedule and use of the property. (3) (A) The party determined by the local agency to be the responsible party for the hazardous material release entered into an agreement with the local agency to prepare an investigation plan or cleanup plan for approval by the department, the regional board, or the appropriate local agency, and to implement the investigation plan or cleanup plan in accordance with an agreed schedule, but failed to do any of the following: (i) Prepare the investigation plan or cleanup plan. (ii) Implement the investigation plan or cleanup plan in accordance with the agreed schedule. (iii) Otherwise failed to carry out the investigation in an appropriate and timely manner. (B) An action taken by the local agency pursuant to this paragraph shall be consistent with any agreement between the local agency and the responsible party and with the requirements of the state agency or the designated agency that approved or will approve the cleanup plan and is overseeing or will oversee the preparation and implementation of the cleanup plan. (c) The responsible party specified in subparagraph (A) of paragraph (2) of subdivision (b) may appeal a 60-day notice issued pursuant to this section to the local agency’s governing body by filing a written request to appeal the notice with the clerk of the local agency within 30 days of receipt of the notice. Filing an appeal to the local agency’s governing body tolls the 60-day notice period until the appeal is heard and decided by the local agency’s governing body. Any challenge to the decision reached by the local agency’s governing body shall be presented only as part of a cost recovery or injunctive proceeding initiated by the local agency under Section 25403.5. The local agency’s decision shall be upheld if supported by substantial evidence presented in the action commenced under Section 25403.5, and shall not be invalidated on the grounds that the local agency failed to include all responsible parties in a 60-day notice issued pursuant to this section. A claim of failure to include all responsible parties in a 60-day notice issued pursuant to this section shall not be a defense to the liability provided for in Section 25403.5. (d) Subdivision (b) does not apply to either of the following: (1) A local agency taking actions to conduct a Phase I or Phase II environmental assessment in accordance with standard real estate practices. (2) A local agency taking the actions specified in subdivision (a) if the local agency determines that conditions require immediate action due to an imminent threat to human health or the environment. (e) (1) A local agency may designate another agency, in lieu of the department or the regional board, to review and approve a cleanup plan and to oversee the cleanup of hazardous materials from a specific hazardous material release site if the agency is designated as the administering agency under Section 25262. In that event, the designated agency shall conduct the oversight of the cleanup in accordance with Chapter 6.65 (commencing with Section 25260), and all provisions of that chapter shall apply to the cleanup. (2) A local agency may designate another agency to review and approve a cleanup plan for a site and oversee the cleanup at the site if all of the following conditions exist: (A) The designated agency is certified as a CUPA. (B) The site is an underground storage tank site subject to Chapter 6.7 (commencing with Section 25280). (C) The designated agency is certified pursuant to Section 25297.01 and the state board has entered into an agreement with the designated agency pursuant to Section 25297.1. (D) The designated agency determines that the site is within the guidelines and protocols established in, and pursuant to, the agreement specified in subparagraph (C). (E) The designated agency consents to the designation. (3) Within 60 days after approving a cleanup plan pursuant to paragraph (1) or (2), the designated agency shall issue a notice that, upon proper completion of the cleanup plan, the immunity specified in Section 25403.2 shall apply. If the designated agency was formed by the local agency, the cleanup plan shall also be subject to the approval of the department or regional board. (4) (A) An agency may not consent to the designation pursuant to paragraph (1) or (2) unless the designated agency determines that it has adequate staff resources and the requisite technical expertise and capabilities available to adequately supervise the cleanup. (B) If an agency has been designated pursuant to paragraph (2), the department or a regional board may require the designated agency to withdraw from the designation or stop taking action pursuant to that designation, after providing the designated agency with adequate notice, if both of the following conditions are met: (i) The department or a regional board determines that the agency’s designation was not consistent with paragraph (2), or makes one of the findings specified in subdivision (d) of Section 101480. (ii) The department or a regional board determines that it has adequate staff resources and capabilities available to adequately supervise the cleanup, and assumes that responsibility. (C) This paragraph does not prevent a regional board from taking an action pursuant to Division 7 (commencing with Section 13000) of the Water Code. (5) If an agency has been designated pursuant to paragraph (1) or (2), the designated agency may, after providing the local agency with adequate notice, withdraw from its designation or stop taking action pursuant to that designation after making one of the findings specified in subdivision (d) of Section 101480. (f) (1) To facilitate remedial planning, the local agency may require the owner or operator of a site within the local agency’s jurisdictional boundaries to provide the local agency with all existing environmental information pertaining to the site, including the results of any phase I or subsequent environmental assessment, any assessment conducted pursuant to an order from, or agreement with, any federal, state, or local agency, and any other environmental assessment information, except that which is determined to be privileged. (2) A person requested to furnish the information pursuant to paragraph (1) shall be required only to furnish that information that may be within that person’s possession or control, including actual knowledge of information within the possession or control of any other party. If environmental assessment information is not available, the local agency may require the owner of the property to conduct, and to pay the expenses of conducting, an assessment in accordance with standard real estate practices for conducting phase I or phase II environmental assessments. If the local agency conducts the phase I or phase II environmental assessment because the owner or operator failed to provide this information, the local agency shall have a right of entry, upon reasonable notice, to enter the property and conduct the phase I or phase II environmental assessment. The local agency may recover the costs of the phase I or phase II environmental assessment in accordance with Section 25403.5. (Amended (as amended by Stats. 2022, Ch. 258, Sec. 91) by Stats. 2023, Ch. 131, Sec. 115. (AB 1754) Effective January 1, 2024.)
  35. 25403.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. )

    Verify source ↗

    A local agency can get immunity for a qualifying hazardous-material cleanup, and the department, regional board, or designated agency must send written notice of that immunity after completion is found.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. ) ## 25403.2. (a) (1) Notwithstanding any other law, except as otherwise provided in this chapter, a local agency that undertakes and completes an action, or causes another person to undertake and complete an action pursuant to Section 25403.1 for which a finding of completion is made pursuant to subdivision (b), to clean up a hazardous material release on, under, or from property within the local agency’s boundaries, in accordance with a cleanup plan prepared by a qualified independent contractor and approved by the department, a regional board, or the designated agency, in accordance with Section 25403.1, is not liable, with respect to that release only, pursuant to any of the following: (A) Division 7 (commencing with Section 13000) of the Water Code. (B) Chapter 6.5 (commencing with Section 25100), Chapter 6.7 (commencing with Section 25280), or Chapter 6.75 (commencing with Section 25299.10), of Division 20, or Part 2 (commencing with Section 78000) of Division 45. (C) Any other state or local law imposing liability for cleanup of releases of hazardous materials. (2) If the cleanup was also performed pursuant to Chapter 6.65 (commencing with Section 25260) of Division 20, and a certificate of completion is issued pursuant to subdivision (b) of Section 25264, the immunity from local agency action provided by the certificate of completion, as specified in subdivision (c) of Section 25264, shall apply to the local agency, in addition to the immunity conferred by this section. (3) In the case of a cleanup performed pursuant to Chapter 6.65 (commencing with Section 25260) of Division 20, and for which the administering agency is a local agency, the limitations on the certificate of completion set forth in paragraphs (1) to (6), inclusive, of subdivision (c) of Section 25264 are limits on any immunity provided for by this section and subdivision (c) of Section 25264. (b) Notwithstanding any provision of law or policy providing for certification by a person conducting a cleanup that the action has been properly completed, a determination that a cleanup has been properly completed pursuant to this section shall be made only upon the affirmative approval of the director, the regional board, or the designated agency, as appropriate. The department or regional board, as appropriate, shall, within 60 days of the date it finds that a cleanup has been completed, notify the local agency in writing that the immunity provided by this section is in effect. If another agency is designated to oversee the cleanup pursuant to paragraph (1) or (2) of subdivision (d) of Section 25403.1, the designated agency shall issue a notice within 60 days of the date it finds that a cleanup has been completed. (c) Upon proper completion of a cleanup, as specified in subdivision (b), the immunity from action provided by the certificate of completion provided pursuant to subdivision (c) of Section 25264 and the immunity provided by this section extends to all of the following, but only for the release or releases specifically identified in the approved cleanup plan and not for any subsequent release or any release not specifically identified in the approved cleanup plan: (1) An employee or agent of the local agency, including an instrumentality of the local agency authorized to exercise some, or all, of the powers of a local agency within, or for the benefit of, a local agency and an employee or agent of the instrumentality. (2) A person that enters into an agreement with a local agency for the development of property, if the agreement requires the person to acquire property affected by a hazardous material release or to clean up a hazardous material release with respect to that property. (3) A person that acquires the property after a person has entered into an agreement with a local agency for development of the property, as described in paragraph (2). (4) A person that provides financing to a person specified in paragraph (2) or (3). (d) Notwithstanding any other law, the immunity provided by this section does not extend to any of the following: (1) A person that was a responsible party for the release before entering into an agreement, acquiring property, or providing financing, as specified in subdivision (c). (2) A person specified in subdivision (a) or (c) for any subsequent release of a hazardous material or any release of a hazardous material not specifically identified in the approved cleanup plan. (3) A contractor who prepares the cleanup plan or conducts the cleanup. (4) A person that obtains an approval of a cleanup plan pursuant to Section 25403.1, or pursuant to a finding, as specified in subdivision (b), by fraud, negligent or intentional nondisclosure, or misrepresentation, and a person that knows before the approval or determination is obtained or before the person enters into an agreement, acquires the property, or provides financing, as specified in subdivision (c), that the approval or determination was obtained by these means. (e) The immunity provided by this section is in addition to any other immunity provided by law to a local agency. (f) This section does not impair any cause of action by a local agency or any other party against the person responsible for the hazardous material release that is the subject of the cleanup taken by the local agency or other person immune from liability pursuant to this section. (g) This section does not apply to, or limit, alter, or restrict, an action for personal injury or wrongful death. (h) This section does not limit liability of a person described in paragraph (3) or (4) of subdivision (d) for damages under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.). (i) This section does not establish, limit, or affect the liability of a local agency for a release of a hazardous material that is not investigated or cleaned up pursuant to this section or Chapter 6.65 (commencing with Section 25260). (Amended by Stats. 2022, Ch. 258, Sec. 92. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  36. 25403.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. )

    Verify source ↗

    Immunity under Section 25403.2 applies only if both stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. ) ## 25403.3. The immunity provided for by Section 25403.2 is only conferred if both of the following apply: (a) The action is in accordance with a cleanup plan prepared by a qualified independent contractor and approved by the department, a regional board, or the designated agency, as appropriate, pursuant to Section 25403.1. (b) The cleanup is found to have been undertaken and properly completed, as specified in subdivision (b) of Section 25403.2. (Added by Stats. 2013, Ch. 588, Sec. 1. (AB 440) Effective January 1, 2014.)
  37. 25403.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. )

    Verify source ↗

    A local agency must reimburse the department or regional board within 60 days after receiving a bill for review or approval costs for investigation and cleanup plans.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. ) ## 25403.4. Within 60 days of being presented with a bill from the department or regional board, the local agency shall reimburse the department or the regional board for costs incurred in reviewing or approving investigation plans and cleanup plans pursuant to this chapter. The department or regional board may develop a payment plan, consistent with Section 25269, with the local agency to repay costs over a longer period of time. In the event of any dispute over the costs, the local agency shall pay any undisputed costs and meet and confer with the department or regional board to resolve the disputed items. In connection with any disputes not resolved through meet and confer efforts, the local agency may utilize any review processes maintained by the department or the regional board. (Added by Stats. 2013, Ch. 588, Sec. 1. (AB 440) Effective January 1, 2014.)
  38. 25403.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. )

    Verify source ↗

    A responsible party must pay a local agency’s cleanup and investigation costs, and the local agency cannot recover improperly procured goods and services costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. ) ## 25403.5. (a) Except as otherwise provided in this chapter, if a local agency undertakes action to investigate property or clean up, or to require others to investigate or clean up, including compelling a responsible party through a civil injunctive action, a release of hazardous material, the responsible party shall be liable to the local agency for the costs incurred in the action. A local agency may not recover the costs of goods and services that were not procured in accordance with procurement procedures, where applicable. The amount of the costs shall include the interest on the costs accrued from the date of expenditure and reasonable attorney’s fees and shall be recoverable in a civil action. Interest shall be calculated based on the average annual rate of return on a local agency’s investment of surplus funds for the fiscal year in which costs were incurred. (b) The only defenses available to a responsible party shall be the defenses specified in subdivision (b) of Section 78145. (c) A local agency may recover any costs incurred to develop and to implement a cleanup plan approved pursuant to this chapter, to the same extent the department is authorized to recover those costs. The scope and standard of liability for cost recovery pursuant to this section shall be the scope and standard of liability under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.) as that act would apply to the department. However, any reference to hazardous substance in that act shall be deemed to refer to hazardous material as defined in Section 25403. It is the intent of the Legislature that local agencies diligently pursue reimbursement for investigation and cleanup costs incurred pursuant to this chapter, but each local agency is authorized to assess whether and to what extent cost recovery is practicable. (d) An action for recovery of the costs of a cleanup undertaken by a local agency under this section shall be commenced within three years after completion of the cleanup. (e) The action to recover costs provided by this section is in addition to, and is not to be construed as restricting, any other cause of action available to a local agency. (Amended by Stats. 2022, Ch. 258, Sec. 93. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  39. 25403.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. )

    Verify source ↗

    A local agency that completes a cleanup under this chapter is not liable for certain costs tied to the release, subject to stated exceptions. The section also preserves state board and regional board enforcement powers under the Water Code.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. ) ## 25403.6. (a) Except as provided in Section 25403.4, notwithstanding any other state law or policy, a local agency that undertakes and completes a cleanup, or otherwise causes a cleanup to be undertaken and completed pursuant to this chapter shall not be liable based on its ownership of property after a release occurred, for any costs that any responsible party for that release incurs to investigate or clean up the release or to compensate others for the effects of that release. (b) Except as provided in Section 25403. 2, this article does not limit the powers of the state board or a regional board to enforce Division 7 (commencing with Section 13000) of the Water Code. (Added by Stats. 2013, Ch. 588, Sec. 1. (AB 440) Effective January 1, 2014.)
  40. 25403.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. )

    Verify source ↗

    A local agency must follow public-participation rules when preparing and submitting a cleanup plan.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. ) ## 25403.7. A local agency shall comply with all the following requirements with regard to providing public participation when taking action pursuant to this chapter: (a) The local agency shall provide an opportunity, when preparing the cleanup plan, for the public and for other public agencies to participate in decisions regarding the cleanup plan, taking into consideration the nature of the community interest. (b) Thirty days before submitting the cleanup plan for approval, the local agency shall take all of the following actions: (1) Notify all other appropriate public agencies, including, but not limited to, the department or the regional board, if not required to approve the plan, regarding the proposed cleanup plan. (2) Place a notice in a newspaper of general circulation in the area of the property, including, but not limited to, a community-based newspaper, as appropriate. (3) Post notice of the proposed cleanup plan on the property. (c) All of the following methods for public participation shall be used to notify the public of the proposed cleanup plan: (1) Thirty days’ prior public notice in a factsheet format of the proposed cleanup plan, in English and in any other language commonly spoken in the area of the property. (2) Access, at both the local agency and at local repositories, to the proposed cleanup plan, property assessment, addenda, and any other supporting documentation, including materials listed as references in the cleanup plan and property assessment. (3) Procedures for providing a reasonable opportunity to comment on the plan and related documents specified in paragraph (2). (d) If a public meeting is requested, the local agency shall hold a public meeting in the area of the property to receive comments. (e) The local agency shall consider any comments received before submitting the proposed cleanup plan for approval. (f) The local agency may also provide for, but is not limited to, the use of other methods for public participation, including public notices, direct notification of interested parties, distribution of electronic copies of the cleanup plan, property assessment addenda, and other supporting documentation, including materials listed as references in the cleanup plan and property assessment, electronic comment forms, and forming advisory groups, as appropriate, to disseminate information and assist the local agency in gathering public input, holding additional public meetings or public hearings, and providing an opportunity to comment on the proposed cleanup plan prior to approval. (g) The local agency, as part of its communications with affected communities, shall provide information regarding the process by which decisions about the property are made and the recourse that is available for those who may disagree with an agency decision. (h) The local agency shall consider the issue of environmental justice, as defined in subdivision (e) of Section 65040.12 of the Government Code, for communities most impacted, including low-income and racial minority populations, before submitting the cleanup plan for approval. (i) To the extent possible, the local agency shall coordinate its public participation activities with those undertaken by other jurisdictions and agencies associated with the property, to avoid duplication. (j) It is the intent of the Legislature that the public participation process established pursuant to this section ensures full and robust participation of a community affected by this chapter. (Added by Stats. 2013, Ch. 588, Sec. 1. (AB 440) Effective January 1, 2014.)
  41. 25403.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. )

    Verify source ↗

    This section says Chapter 6.10 follows the Polanco Redevelopment Act and should be interpreted and implemented consistently with it.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.10. Hazardous Material Release Cleanup [25403 - 25403.8] ( Chapter 6.10 added by Stats. 2013, Ch. 588, Sec. 1. ) ## 25403.8. The Legislature finds and declares that this chapter is the policy successor to the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Part 1 of Chapter 4 of Division 24) and shall be interpreted and implemented consistent with that act. It is further the intent of the Legislature that any judicial construction or interpretation of the Polanco Redevelopment Act also apply to this chapter. (Added by Stats. 2013, Ch. 588, Sec. 1. (AB 440) Effective January 1, 2014.)
  42. 25404.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    This section defines key program terms and requires the secretary to set up and manage the unified hazardous waste and hazardous materials program, including reporting systems and electronic data transfer rules.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404. (a) For purposes of this chapter, the following terms shall have the following meanings: (1) (A) “Certified Unified Program Agency” or “CUPA” means the agency certified by the secretary to implement the unified program specified in this chapter within a jurisdiction. (B) “Participating Agency” or “PA” means a state or local 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 subdivision (c), in accordance with Sections 25404.1 and 25404.2. (C) “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 subdivision (c). The UPAs have the responsibility and authority to implement and enforce the requirements listed in subdivision (c), and the regulations adopted to implement the requirements listed in subdivision (c), to the extent provided by Chapter 6.5 (commencing with Section 25100), Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing with Section 25280), Chapter 6.95 (commencing with Section 25500), and Sections 25404.1 to 25404.2, inclusive. After a CUPA has been certified by the secretary, the unified program agencies and the state agencies carrying out responsibilities under this chapter shall be the only agencies authorized to enforce the requirements listed in subdivision (c) within the jurisdiction of the CUPA. (2) “Department” means the Department of Toxic Substances Control. (3) “Minor violation” means the failure of a person to comply with a requirement or condition of an applicable law, regulation, permit, information request, order, variance, or other requirement, whether procedural or substantive, of the unified program that the UPA is authorized to implement or enforce pursuant to this chapter, and that does not otherwise include any of the following: (A) A violation that results in injury to persons or property, or that presents a significant threat to human health or the environment. (B) A knowing, willful, or intentional violation. (C) A violation that is a chronic violation, or that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the UPA shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements. (D) A violation that results in an emergency response from a public safety agency. (E) A violation that enables the violator to benefit economically from the noncompliance, either by reduced costs or competitive advantage. (F) A class I violation, as provided in Section 25110.8.5. (G) A violation that hinders the ability of the UPA to determine compliance with any other applicable local, state, or federal rule, regulation, information request, order, variance, permit, or other requirement. (4) “Secretary” means the Secretary for Environmental Protection. (5) “Unified program facility” means all contiguous land and structures, other appurtenances, and improvements on the land that are subject to the requirements listed in subdivision (c). (6) “Unified program facility permit” means a permit issued pursuant to this chapter. For purposes of this chapter, a unified program facility permit encompasses the permitting requirements of Section 25284, and permit or authorization requirements under a local ordinance or regulation relating to the generation or handling of hazardous waste or hazardous materials, but does not encompass the permitting requirements of a local ordinance that incorporates provisions of the California Fire Code or the California Building Code. (b) The secretary shall adopt implementing regulations and implement a unified hazardous waste and hazardous materials management regulatory program, which shall be known as the unified program, after holding an appropriate number of public hearings throughout the state. The unified program shall be developed in close consultation with the director, the Director of Emergency Services, the State Fire Marshal, the executive officers and chairpersons of the State Water Resources Control Board and the California regional water quality control boards, the local health officers, local fire services, and other appropriate officers of interested local agencies, and affected businesses and interested members of the public, including environmental organizations. (c) The unified program shall consolidate the administration of the following requirements and, to the maximum extent feasible within statutory constraints, shall ensure the coordination and consistency of any regulations adopted pursuant to those requirements: (1) (A) Except as provided in subparagraphs (B) and (C), the requirements of Chapter 6.5 (commencing with Section 25100), and the regulations adopted by the department pursuant to that chapter, that are applicable to all of the following: (i) Hazardous waste generators, persons operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption, pursuant to Chapter 6.5 (commencing with Section 25100) or the regulations adopted by the department. (ii) Persons managing perchlorate materials. (iii) Persons subject to Article 10.1 (commencing with Section 25211) of Chapter 6.5. (iv) Persons operating a collection location that has been established under a stewardship plan approved by the Department of Resources Recycling and Recovery pursuant to the paint product recovery program established pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code. (v) A transfer facility, as defined in paragraph (3) of subdivision (a) of Section 25123.3, that is operated by a door-to-door household hazardous waste collection program or household hazardous waste residential pickup service, as defined in subdivision (c) of Section 25218.1. (vi) Persons who receive used oil from consumers pursuant to Section 25250.11. (B) The unified program shall not include the requirements of paragraph (3) of subdivision (c) of Section 25200.3, the requirements of Sections 25200.10 and 25200.14, and the authority to issue an order under Sections 25187 and 25187.1, with regard to those portions of a unified program facility that are subject to one of the following: (i) A corrective action order issued by the department pursuant to Section 25187. (ii) An order issued by the department pursuant to Chapter 6.86 (commencing with Section 25396) of this division or Part 2 (commencing with Section 78000) of Division 45. (iii) A remedial action plan approved pursuant to Chapter 6.86 (commencing with Section 25396) of this division or Part 2 (commencing with Section 78000) of Division 45. (iv) A cleanup and abatement order issued by a California regional water quality control board pursuant to Section 13304 of the Water Code, to the extent that the cleanup and abatement order addresses the requirements of the applicable section or sections listed in this subparagraph. (v) Corrective action required under subsection (u) of Section 6924 of Title 42 of the United States Code or subsection (h) of Section 6928 of Title 42 of the United States Code. (vi) An environmental assessment pursuant to Section 25200.14 or a corrective action pursuant to Section 25200.10 or paragraph (3) of subdivision (c) of Section 25200.3, that is being overseen by the department. (C) The unified program shall not include the requirements of Chapter 6.5 (commencing with Section 25100), and the regulations adopted by the department pursuant to that chapter, applicable to persons operating transportable treatment units, except that any required notice regarding transportable treatment units shall also be provided to the CUPAs. (2) The requirements of Chapter 6.67 (commencing with Section 25270) concerning aboveground storage tanks. (3) (A) Except as provided in subparagraphs (B) and (C), the requirements of Chapter 6.7 (commencing with Section 25280) concerning underground storage tanks and the requirements of any underground storage tank ordinance adopted by a city or county. (B) The unified program shall not include the responsibilities assigned to the State Water Resources Control Board pursuant to Section 25297.1. (C) The unified program shall not include the corrective action requirements of Sections 25296.10 to 25296.40, inclusive. (4) The requirements of Article 1 (commencing with Section 25500) of Chapter 6.95 concerning hazardous material release response plans and inventories. (5) The requirements of Article 2 (commencing with Section 25531) of Chapter 6.95, concerning the accidental release prevention program. (6) The requirements for the hazardous materials plan and hazardous materials inventory statement of the California Fire Code, as adopted by the State Fire Marshal pursuant to Section 13143.9. (d) To the maximum extent feasible within statutory constraints, the secretary shall consolidate, coordinate, and make consistent these requirements of the unified program with other requirements imposed by other federal, state, regional, or local agencies upon facilities regulated by the unified program. (e) (1) The secretary shall establish standards applicable to CUPAs, participating agencies, state agencies, and businesses specifying the data to be collected and submitted by unified program agencies in administering the programs listed in subdivision (c). (2) (A) The secretary shall establish a statewide information management system capable of receiving all data collected by the unified program agencies and reported by regulated businesses pursuant to this subdivision, in a manner that is most cost efficient and effective for both the regulated businesses and state and local agencies. The secretary shall prescribe an XML or other compatible web-based format for the transfer of data from CUPAs and regulated businesses and make all nonconfidential data available on the internet. (B) The secretary shall establish milestones to measure the implementation of the statewide information management system and shall provide periodic status updates to interested parties. (3) (A) (i) Except as provided in subparagraph (B), in addition to any other funding that becomes available, the secretary shall increase the oversight surcharge provided for in subdivision (b) of Section 25404.5 by an amount necessary to meet the requirements of this subdivision for a period of three years, to establish the statewide information management system, consistent with paragraph (2). The increase in the oversight surcharge shall not exceed twenty-five dollars ($25) in any one year of the three-year period. The secretary shall thereafter maintain the statewide information management system, funded by the assessment the secretary is authorized to impose pursuant to Section 25404.5. (ii) No less than 75 percent of the additional funding raised pursuant to clause (i) shall be provided to CUPAs and PAs through grant funds or statewide contract services, in the amounts determined by the secretary to assist these local agencies in meeting these information management system requirements. (B) A facility that is owned or operated by the federal government and that is subject to the unified program shall pay the surcharge required by this paragraph to the extent authorized by federal law. (C) The secretary, or one or more of the boards, departments, or offices within the California Environmental Protection Agency, shall seek available federal funding for purposes of implementing this subdivision. (4) No later than three years after the statewide information management system is established, each CUPA, PA, and regulated business shall report program data electronically. The secretary shall work with the CUPAs to develop a phase-in schedule for the electronic collection and submittal of information to be included in the statewide information management system, giving first priority to information relating to those chemicals determined by the secretary to be of greatest concern. The secretary, in making this determination shall consult with the CUPAs, the California Emergency Management Agency, the State Fire Marshal, and the boards, departments, and offices within the California Environmental Protection Agency. (5) The secretary, in collaboration with the CUPAs, shall provide technical assistance to regulated businesses to comply with the electronic reporting requirements and may expend funds identified in clause (i) of subparagraph (A) of paragraph (3) for that purpose. (Amended by Stats. 2024, Ch. 989, Sec. 3. (SB 1143) Effective January 1, 2025.)
  43. 25404.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    This section assigns responsibility and authority within the unified hazardous waste and hazardous materials program, including which agencies handle standards, variances, orders, certifications, and related enforcement tasks.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.1. (a) (1) All aspects of the unified program related to the adoption and interpretation of statewide standards and requirements shall be the responsibility of the state agency which is charged with that responsibility under existing law. For underground storage tanks, that agency shall be the State Water Resources Control Board. The California regional water quality control boards shall have responsibility for the issuance of variances pursuant to subdivision (b) of Section 25299.4. The Department of Toxic Substances Control shall have the sole responsibility for the issuances of variances from the requirements of Chapter 6.5 (commencing with Section 25100) and the regulations adopted pursuant thereto, for the determination of whether or not a waste is hazardous or nonhazardous, for the determination of whether or not a person is eligible to be deemed to be operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption pursuant to Chapter 6.5 (commencing with Section 25100) or the regulations adopted by the department, and for the suspension and revocation of permits-by-rule, conditional authorizations, and conditional exemptions. (2) Except as provided in paragraphs (1) and (3), those aspects of the unified program related to the application of statewide standards to particular facilities, including the issuance of unified program facility permits, the review of reports and plans, environmental assessment, compliance and correction, and the enforcement of those standards and requirements against particular facilities, shall be the responsibility of the unified program agencies. (3) (A) Except in those jurisdictions for which the UPA has been determined by the department, in accordance with regulations adopted pursuant to subparagraph (C), to be qualified to implement the environmental assessment and removal and remediation corrective action aspects of the unified program, the department shall have sole responsibility and authority under the unified program for all of the following: (i) Implementing and enforcing the requirements of paragraph (3) of subdivision (c) of Section 25200.3 and Sections 25200.10 and 25200.14, and the regulations adopted by the department to implement those sections. As a pilot program in up to 10 counties, pending the adoption and implementation of regulations pursuant to subparagraph (C), the department may delegate to the CUPA, through a delegation agreement, responsibility and authority for implementing and enforcing the requirements of Section 25200.14. (ii) The issuance of orders under Section 25187 requiring removal or remedial action. (iii) The issuance of orders under Section 25187.1. (B) Notwithstanding subparagraph (A), a UPA may issue an order under Section 25187 specifying a schedule for compliance or correction and imposing an administrative penalty for any violation of the requirements of Chapter 6.5 (commencing with Section 25100) listed in paragraph (1) of subdivision (c) of Section 25404, or the requirements of any permit, rule, regulation, standard or requirement issued or adopted pursuant to the requirements of Chapter 6.5 (commencing with Section 25100) listed in paragraph (1) of subdivision (c) of Section 25404, if one of the following applies: (i) The order does not require removal or remedial action. (ii) The only removal or remedial actions required by the order are those actions determined to be necessary to address an imminent and substantial endangerment based upon a finding by the UPA pursuant to subdivision (f) of Section 25187. (C) The department shall adopt emergency regulations specifying the criteria and procedures for implementing paragraph (3) of subdivision (c) of Section 25200.3 and Sections 25200.10 and 25200.14, including criteria and procedures for determining whether or not a unified program agency is qualified to implement the environmental assessment and removal and remediation corrective action portions of the unified program under paragraph (3) of subdivision (c) of Section 25200.3 and Sections 25187, 25187.1, 25200.10, and 25200.14. The criteria for determining whether a unified program agency is qualified shall, at a minimum, include consideration of the following factors: (i) Adequacy of the technical expertise possessed by the unified program agency. (ii) Adequacy of staff resources. (iii) Adequacy of budget resources and funding mechanisms. (iv) Training requirements. (v) Past performance in implementing and enforcing requirements related to environmental assessments, and removal and remediation corrective actions. (vi) Recordkeeping and accounting systems. (D) The regulations adopted by the department pursuant to subparagraph (C) shall include provisions to ensure coordinated and consistent application of paragraph (3) of subdivision (c) of Section 25200.3 and Sections 25187, 25187.1, 25200.10, and 25200.14, when both the department and the unified program agency are, or will be, implementing and enforcing the requirements of one or more of these sections at the same facility. (E) For purposes of subparagraph (D), “facility” means the entire site that is under the control of the owner or operator. (F) If the department is designated as a unified program agency, the department is deemed qualified to implement all of the following: (i) The environmental assessment, removal and remedial action, and corrective action aspects of the unified program. (ii) Paragraph (3) of subdivision (c) of Section 25200.3, Sections 25200.10, 25200.14, 25187, and 25287.1, and the regulations adopted by the department to implement those provisions. (b) (1) On or before January 1, 1996, each county shall apply to the secretary to be certified as a unified program agency to implement the unified program within the unincorporated area of the county and within each city in the county, in which area or city, as of January 1, 1996, the city or other local agency has not applied to be the certified unified program agency. (2) (A) Any city or other local agency which, as of December 31, 1995, has been designated as an administering agency pursuant to Section 25502, or which has assumed responsibility for the implementation of Chapter 6.7 (commencing with Section 25280) pursuant to Section 25283, may apply to the secretary to become the certified unified program agency to implement the unified program within the jurisdictional boundaries of the city or local agency. (B) A city or other local agency which, as of December 31, 1995, has not been designated as an administering agency pursuant to Section 25502, or which has not assumed responsibility for the implementation of Chapter 6.7 (commencing with Section 25280) pursuant to Section 25283, may apply to the secretary to become the certified unified program agency within the jurisdictional boundaries of the city or local agency if it enters into an agreement with the county to become the certified unified program agency within those boundaries. A county shall not refuse to enter into an agreement unless it specifies in writing its reasons for failing to enter into the agreement. However, if the city does not enter into the agreement with the county, within 30 days of receiving a county’s reasons for failing to enter into agreement, a city may request that the secretary allow it to apply to be a certified unified program agency and the secretary may, in the secretary’s discretion, approve the request. (3) A city, county, or other local agency may propose, in its application for certification to the secretary, to allow other public agencies to implement certain elements of the unified program, but the secretary shall accept that proposal only if the secretary makes the findings specified in subdivision (d) of Section 25404.3. (4) If a city or other local agency which, as of December 31, 1995, has been designated as an administering agency pursuant to Section 25502, or has assumed responsibility for the implementation of Chapter 6.7 (commencing with Section 25280) pursuant to Section 25283, requests that the county propose in its application for certification to the secretary that the city or local agency implement, within the jurisdictional boundaries of the city or local agency, those elements of the unified program which, as of December 31, 1995, the city or local agency has authority to administer, the county shall grant that request. If an agency described in this paragraph is subsequently removed or withdraws from the unified program, the agency shall not act as an administering agency under Section 25502 or act as a local agency pursuant to Chapter 6.7 (commencing with Section 25280), except as provided in subdivision (c) of Section 25283. (Amended by Stats. 2022, Ch. 258, Sec. 95. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  44. 25404.1.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    This section lets a unified program agency issue an enforcement order for certain violations, require correction, and impose penalties.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.1.1. (a) If a unified program agency determines that a person has committed, or is committing, a violation of any law, regulation, permit, information request, order, variance, or other requirement that the UPA is authorized to enforce or implement pursuant to this chapter, the UPA may issue an administrative enforcement order requiring that the violation be corrected and imposing an administrative penalty, in accordance with any of the following: (1) Except as provided in paragraph (5), if the order is for a violation of Chapter 6.5 (commencing with Section 25100), the violator shall be subject to the applicable administrative penalties provided by that chapter. (2) If the order is for a violation of Chapter 6.7 (commencing with Section 25280), the violator shall be subject to the applicable civil penalties provided in subdivisions (a), (b), (c), and (e) of Section 25299. (3) If the order is for a violation of Article 1 (commencing with Section 25500) of Chapter 6.95, the violator shall be subject to a penalty that is consistent with the administrative penalties imposed pursuant to Section 25515.2. (4) If the order is for a violation of Article 2 (commencing with Section 25531) of Chapter 6.95, the violator shall be subject to a penalty that is consistent with the administrative penalties imposed pursuant to Section 25540 or 25540.5. (5) If the order is for a violation of Chapter 6.67 (commencing with Section 25270), the violator shall be liable for a penalty of not more than five thousand dollars ($5,000) for each day on which the violation continues. If the violator commits a second or subsequent violation, the violator may be liable for a penalty of not more than ten thousand dollars ($10,000) for each day on which the violation continues. (6) If the order is for a violation of this chapter, the violator shall be liable for a civil or administrative penalty of not more than five thousand dollars ($5,000) for each day on which the violation continues. (b) In establishing a penalty amount and ordering that a violation be corrected pursuant to this section, a UPA shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator’s ability to pay the penalty, and the deterrent effect that imposing the penalty would have on both the violator and the regulated community. (c) An order issued pursuant to this section shall be served by personal service or certified mail and shall inform the person served of the right to a hearing. If a UPA issues an order pursuant to this section, the order shall state whether the hearing procedure specified in paragraph (2) of subdivision (e) may be requested by the person receiving the order. (d) A person served with an order pursuant to this section who has been unable to resolve a violation with a UPA, may within 15 days after service of the order, request a hearing pursuant to subdivision (e) by filing with the UPA a notice of defense. The notice shall be filed with the office that issued the order. A notice of defense shall be deemed filed within the 15-day period provided by this subdivision if it is postmarked within that 15-day period. If no notice of defense is filed within the time limits provided by this subdivision, the order shall become final. (e) Except as provided in subparagraph (B) of paragraph (2), a person requesting a hearing on an order issued by a UPA under this section may select the hearing officer specified in either paragraph (1) or (2) in the notice of defense filed with the UPA pursuant to subdivision (d). If a notice of defense is filed, but no hearing officer is selected, the UPA may select the hearing officer. Within 90 days of receipt of the notice of defense by the UPA, the hearing shall be scheduled using one of the following: (1) An administrative law judge of the Office of Administrative Hearings of the Department of General Services, who shall conduct the hearing in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, and the UPA shall have all the authority granted to an agency by those provisions. (2) (A) A hearing officer designated by the UPA, who shall conduct the hearing in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, and the UPA shall have all the authority granted to an agency by those provisions. When a hearing is conducted by a UPA hearing officer pursuant to this paragraph, the UPA shall issue a decision within 60 days after the hearing is conducted. Each hearing officer designated by a UPA shall meet the requirements of Section 11425.30 of the Government Code and any other applicable restriction. (B) A UPA, or a person requesting a hearing on an order issued by a UPA, may select the hearing process specified in this paragraph in a notice of defense filed pursuant to subdivision (d) only if the UPA has, as of the date the order is issued pursuant to subdivision (c), selected a designated hearing officer and established a program for conducting a hearing in accordance with this paragraph. (f) A hearing decision issued pursuant to paragraph (2) of subdivision (e) shall be effective and final upon issuance by the UPA. A copy of the decision shall be served by personal service or by certified mail upon the party served with the order, or their representative, if any. (g) A provision of an order issued under this section, except the imposition of an administrative penalty, shall take effect upon issuance of the order by a UPA if the UPA finds that the violation or violations associated with that provision may pose an imminent and substantial endangerment to the public health or safety or the environment. A request for a hearing shall not stay the effect of that provision of the order pending a hearing decision. However, if the UPA determines that any or all provisions of the order are so related that the public health or safety or the environment can be protected only by immediate compliance with the order as a whole, the order as a whole, except the imposition of an administrative penalty, shall take effect upon issuance by the UPA. A request for a hearing shall not stay the effect of the order as a whole pending a hearing decision. (h) A hearing decision issued pursuant to paragraph (2) of subdivision (e) may be reviewed by a court pursuant to Section 11523 of the Government Code. In all proceedings pursuant to this section, the court shall uphold the decision of the UPA if the decision is based upon substantial evidence in the record as a whole. The filing of a petition for writ of mandate shall not stay any action required pursuant to this chapter or the accrual of any penalties assessed pursuant to this chapter. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction. (i) All administrative penalties collected from actions brought by a UPA pursuant to this section shall be paid to the UPA that imposed the penalty, and shall be deposited into a special account that shall be expended to fund the activities of the UPA in enforcing this chapter. (j) The UPA shall consult with the district attorney, county counsel, or city attorney on the development of policies to be followed in exercising the authority delegated pursuant to this section as it relates to the authority of the UPA to issue orders. (k) (1) A unified program facility shall pay a permit fee established by the UPA and any fine or penalty associated with the permit. (2) A unified program agency may withhold, suspend, or revoke any unified program facility permit, or an element of a unified program facility permit as outlined, for all of the following reasons: (A) Failing to pay a permit fee. (B) Failing to pay a fine or penalty associated with a permit. (C) Failing to comply with an order or written notice issued pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 25510. (3) (A) If a unified program facility does not comply with a written notice from the unified program agency to the permittee to make the payments specified in paragraph (1) by the required date provided in the notice, the UPA may withhold issuance of, suspend, or revoke the permit or permit element. (B) If the unified program facility does not have a valid unified program facility permit or if the permit or permit element is suspended or revoked, the unified program facility shall immediately discontinue operating the facility, as applicable, or function of the facility to which the permit or permit element applies until the UPA issues, reinstates, or reissues the permit or permit element. (C) Subparagraph (B) does not apply to the owner or operator of a facility who submits a timely application for a unified program facility permit, or for a renewal of a permit, and the facility is in compliance with the requirements of this chapter, but has not yet received the permit or renewed permit from the UPA. A submittal of facility information to the California Environmental Protection Agency’s California Environmental Reporting System (CERS) constitutes a submittal of a unified program facility permit or permit renewal application for purposes of this subparagraph. (D) Subparagraphs (A) and (B) do not apply to the United States Department of Defense or the United States Coast Guard only if nonpayment of the permit fee or fine or penalty associated with the permit is due to payment delays due to federal appropriations or federal payment process issues and the required payment will happen once the federal payment delay issue is resolved. (4) A unified program facility may request a hearing to appeal the withholding of the issuance of, or the suspension or revocation of, a permit or permit element pursuant to this subdivision by requesting a hearing using the procedures provided in subdivision (d). (l) This section does not do any of the following: (1) Otherwise affect the authority of a UPA to take any other action authorized by any other law, except the UPA shall not require a person to pay a penalty pursuant to this section and pursuant to a local ordinance for the same violation. (2) Restrict the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. (3) Prevent the UPA from cooperating with, or participating in, a proceeding specified in paragraph (2). (Amended by Stats. 2023, Ch. 207, Sec. 10. (AB 1716) Effective January 1, 2024.)
  45. 25404.1.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    The UPA must use a notice to comply to cite a minor violation, and the cited person must correct it within 30 days and return the signed notice after correction.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.1.2. (a) (1) An authorized representative of the UPA, who in the course of conducting an inspection, detects a minor violation, shall take an enforcement action as to the minor violation only in accordance with this section. (2) In any proceeding concerning an enforcement action taken pursuant to this section, there shall be a rebuttable presumption upholding the determination made by the UPA regarding whether the violation is a minor violation. (b) A notice to comply shall be the only means by which a UPA may cite a minor violation, unless the person cited fails to correct the violation or fails to submit the certification of correction within the time period prescribed in the notice, in which case the UPA may take any enforcement action, including imposing a penalty, as authorized by this chapter. (c) (1) A person who receives a notice to comply detailing a minor violation shall have not more than 30 days from the date of the notice to comply in which to correct any violation cited in the notice to comply. Within five working days of correcting the violation, the person cited or an authorized representative shall sign the notice to comply, certifying that any violation has been corrected, and return the notice to the UPA. (2) A false certification that a violation has been corrected is punishable as a misdemeanor. (3) The effective date of the certification that any violation has been corrected shall be the date that it is postmarked. (d) If a notice to comply is issued, a single notice to comply shall be issued for all minor violations noted during the inspection, and the notice to comply shall list all of the minor violations and the manner in which each of the minor violations may be brought into compliance. (e) If a person who receives a notice to comply pursuant to subdivision (a) disagrees with one or more of the alleged violations listed on the notice to comply, the person shall provide the UPA a written notice of disagreement along with the returned signed notice to comply. If the person disagrees with all of the alleged violations, the written notice of disagreement shall be returned in lieu of the signed certification of correction within 30 days of the date of issuance of the notice to comply. If the issuing agency takes administrative enforcement action on the basis of the disputed violation, that action may be appealed in the same manner as any other alleged violation under Section 25404.1.1. (f) This section may not be construed as doing any of the following: (1) Preventing the reinspection of a facility to ensure compliance with this chapter or to ensure that minor violations cited in a notice to comply have been corrected and that the facility is in compliance with those laws and regulations within the jurisdiction of the UPA. (2) Preventing the UPA from requiring a person to submit necessary documentation needed to support the person’s claim of compliance pursuant to subdivision (c). (3) Restricting the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. (4) Preventing the UPA from cooperating with, or participating in, a proceeding specified in paragraph (3). (Amended by Stats. 2005, Ch. 388, Sec. 3. Effective January 1, 2006.)
  46. 25404.1.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    A unified program agency may ask the court for a judgment to collect an administrative penalty, and the court clerk must enter that judgment immediately if the statutory conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.1.3. (a) A unified program agency may apply to the clerk of the appropriate court for a judgment to collect an administrative penalty for an administrative order or decision that has become final pursuant to subdivision (d) or (f) of Section 25404.1.1 and imposes a penalty pursuant to Section 25401.1.1, if a petition for judicial review of the final order or decision has not been filed within the time limits prescribed in Section 11523 of the Government Code. (b) The UPA’s application to the court clerk shall include a certified copy of the final administrative order or decision that copy of the order or decision constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. (Added by Stats. 2003, Ch. 696, Sec. 4. Effective January 1, 2004.)
  47. 25404.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    Unified program agencies must create and use a unified permit, coordinate inspections and enforcement, and can’t require a separate permit in certain operating circumstances.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.2. (a) The unified program agencies in each jurisdiction shall do all of the following: (1) (A) The certified unified program agency shall develop and implement a procedure for issuing, to a unified program facility, a unified program facility permit that would replace any permit required by Section 25284 and any permit or authorization required under any local ordinance or regulation relating to the generation or handling of hazardous waste or hazardous materials, but that would not replace a permit issued pursuant to a local ordinance that incorporates provisions of the California Fire Code and California Building Code. (B) The unified program facility permit, and, if applicable, an authorization to operate pursuant to a permit-by-rule, conditional authorization, or conditional exemption, pursuant to Chapter 6.5 (commencing with Section 25100) or the regulations adopted by the department, are the only grants of authorization required under the unified program elements specified in subdivision (c) of Section 25404. (C) The unified program agencies shall enforce the elements of a unified program facility permit in the same manner as the permits replaced by the unified program facility permit would be enforced. (D) If a unified program facility is operating pursuant to the applicable grants of authorization that would otherwise be included in a unified program facility permit for the activities in which the facility is engaged, the unified program agencies shall not require that unified program facility to obtain a unified program facility permit as a condition of operating pursuant to the unified program elements specified in subdivision (c) of Section 25404 and any permit or authorization required under any local ordinance or regulation relating to the generation or handling of hazardous waste or hazardous materials. (E) This subparagraph applies to unified program facilities that have existing, not yet expired, grants of authorization for some, but not all, of the authorization requirements encompassed in the unified program facility permit. When issuing a unified program facility permit to such a unified program facility, the unified program agency shall incorporate, by reference, into the unified program facility permit any of the facility’s existing, not yet expired, grants of authorization. (2) To the maximum extent feasible within statutory constraints, the certified unified program agency, in conjunction with participating agencies, shall consolidate, coordinate, and make consistent any local or regional regulations, ordinances, requirements, or guidance documents related to the implementation of subdivision (c) of Section 25404 or pursuant to any regional or local ordinance or regulation pertaining to hazardous waste or hazardous materials. This paragraph does not affect the authority of a unified program agency with regard to the preemption of the unified program agency’s authority under state law. (3) The certified unified program agency, in conjunction with participating agencies, shall develop and implement a single, unified inspection and enforcement program to ensure coordinated, efficient, and effective enforcement of subdivision (c) of Section 25404, and any local ordinance or regulation pertaining to the handling of hazardous waste or hazardous materials. (4) The certified unified program agency, in conjunction with participating agencies, shall coordinate, to the maximum extent feasible, the single, unified inspection and enforcement program with the inspection and enforcement program of other federal, state, regional, and local agencies that affect facilities regulated by the unified program. This paragraph does not prohibit the unified program agencies, or any other agency, from conducting inspections, or from undertaking any other enforcement-related activity, without giving prior notice to the regulated entity, except if the prior notice is otherwise required by law. (b) An employee or authorized representative of a unified program agency or a state agency acting pursuant to this chapter 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 inspections concerning hazardous material, in addition to hazardous waste. (c) Each air quality management district or air pollution control district, each publicly owned treatment works, and each office, board, and department within the California Environmental Protection Agency, shall coordinate, to the maximum extent feasible, those aspects of its inspection and enforcement program that affect facilities regulated by the unified program with the inspection and enforcement programs of each certified unified program agency. (d) The certified unified program agency, in conjunction with participating agencies, may incorporate, as part of the unified program within its jurisdiction, the implementation and enforcement of laws that the unified program agencies are authorized to implement and enforce, other than those specified in subdivision (c) of Section 25404, if that incorporation will not impair the ability of the unified program agencies to fully implement the requirements of subdivision (a). (e) (1) The withdrawal of an application for a unified program facility permit after it has been filed with the unified program agency shall not, unless the unified program agency consents in writing to the withdrawal, deprive the unified program agencies of their authority to institute or continue a proceeding against the applicant for the denial of the unified program facility permit upon any ground provided by law, and this withdrawal shall not affect the authority of the unified program agencies to institute or continue a proceeding against the applicant pertaining to any violation of the requirements specified in subdivision (c) of Section 25404 or of any local ordinance or regulation relating to the generation or handling of hazardous waste or hazardous materials. (2) The suspension, expiration, or forfeiture by operation of law of a unified program facility permit, or its suspension, forfeiture, or cancellation by the unified program agency or by order of a court, or its surrender or attempted or actual transfer without the written consent of the unified program agency shall not affect the authority of the unified program agencies to institute or continue a disciplinary proceeding against the holder of a unified program facility permit upon any ground, or otherwise taking an action against the holder of a unified program facility permit on these grounds. (Amended by Stats. 2011, Ch. 603, Sec. 12. (AB 408) Effective October 8, 2011.)
  48. 25404.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    The secretary must review certification applications, hear objections, and only certify agencies when required findings are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.3. (a) The secretary shall, within a reasonable time after submission of a complete application for certification pursuant to Section 25404.2, and regulations adopted pursuant to that section, but not to exceed 180 days, review the application, and, after holding a public hearing, determine if the application should be approved. Before disapproving an application for certification, the secretary shall submit to the applicant agency a notification of the secretary’s intent to disapprove the application, in which the secretary shall specify the reasons why the applicant agency does not have the capability or the resources to fully implement and enforce the unified program in a manner that is consistent with the regulations implementing the unified program adopted by the secretary pursuant to this chapter. The secretary shall provide the applicant agency with a reasonable time to respond to the reasons specified in the notification and to correct deficiencies in its application. The applicant agency may request a second public hearing, at which the secretary shall hear the applicant agency’s response to the reasons specified in the notification. (b) In determining whether an applicant agency should be certified, or designated as certified, the secretary, after receiving comments from the director, the Director of Emergency Services, the State Fire Marshal, and the Executive Officers and Chairpersons of the State Water Resources Control Board and the California regional water quality control boards, shall consider at least all of the following factors: (1) Adequacy of the technical expertise possessed by each unified program agency that will be implementing each element of the unified program, including, but not limited to, whether the agency responsible for implementing and enforcing the requirements of Chapter 6.5 (commencing with Section 25100) satisfies the requirements of Section 15260 of Title 27 of the California Code of Regulations. (2) Adequacy of staff resources. (3) Adequacy of budget resources and funding mechanisms. (4) Training requirements. (5) Past performance in implementing and enforcing requirements related to the handling of hazardous materials and hazardous waste. (6) Recordkeeping and cost accounting systems. (7) Compliance with the criteria in Section 15170 of Title 27 of the California Code of Regulations. (c) (1) In making the determination of whether or not to certify a particular applicant agency as a certified unified program agency, the secretary shall consider the applications of every other applicant agency applying to be a certified unified program agency within the same county, in order to determine the impact of each certification decision on the county. If the secretary identifies that there may be adverse impacts on the county if any particular agency in a county is certified, the secretary shall work cooperatively with each affected agency to address the secretary’s concerns. (2) The secretary shall not certify an agency to be a certified unified program agency unless the secretary finds both of the following: (A) The unified program will be implemented in a coordinated and consistent manner throughout the entire county in which the applicant agency is located. (B) The administration of the unified program throughout the entire county in which the applicant agency is located will be less fragmented between jurisdictions, as compared to before January 1, 1994, with regard to the administration of the provisions specified in subdivision (c) of Section 25404. (d) (1) The secretary shall not certify an applicant agency that proposes to allow participating agencies to implement certain elements of the unified program unless the secretary makes all of the following findings: (A) The applicant agency has adequate authority, and has in place adequate systems, protocols, and agreements, to ensure that the actions of the other agencies proposed to implement certain elements of the unified program are fully coordinated and consistent with each other and with those of the applicant agency, and to ensure full compliance with the regulations implementing the unified program adopted by the secretary pursuant to this chapter. (B) An agreement between the applicant and other agencies proposed to implement any elements of the unified program contains procedures for removing any agencies proposed and engaged to implement any element of the unified program. The procedures in the agreement shall include, at a minimum, provisions for providing notice, stating causes, taking public comment, making appeals, and resolving disputes. (C) The other agencies proposed to implement certain elements of the unified program have the capability and resources to implement those elements, taking into account the factors designated in subdivision (b). (D) All other agencies proposed to implement certain elements of the unified program shall maintain an agreement with the applicant agency that ensures that the requirements of Section 25404.2 will be fully implemented. (E) If the applicant agency proposes that any agency other than itself will be responsible for implementing aspects of the single fee system imposed pursuant to Section 25404.5, the applicant agency maintains an agreement with that agency that ensures that the fee system is implemented in a fully consistent and coordinated manner, and that ensures that each participating agency receives the amount that it determines to constitute its necessary and reasonable costs of implementing the element or elements of the unified program that it is responsible for implementing. (2) After the secretary has certified an applicant agency pursuant to this subdivision, that agency shall obtain the approval of the secretary before removing and replacing a participating agency that is implementing an element of the unified program. (3) Any state agency, including, but not limited to, the State Department of Health Care Services, acting as a participating agency, may contract with a unified program agency to implement or enforce the unified program. (e) Until a city’s or county’s application for certification to implement the unified program is acted upon by the secretary, the roles, responsibilities, and authority for implementing the programs identified in subdivision (c) of Section 25404 that existed in that city or county pursuant to statutory authorization as of December 31, 1993, shall remain in effect. (f) (1) Except as provided in subparagraph (C) of paragraph (2) or in Section 25404.8, if no local agency has been certified by January 1, 1997, to implement the unified program within a city, the secretary shall designate either the county in which the city is located or another agency pursuant to subparagraph (A) of paragraph (2) as the unified program agency. (2) (A) Except as provided in subparagraph (C), if no local agency has been certified by January 1, 2001, to implement the unified program within the unincorporated or an incorporated area of a county, the secretary shall determine how the unified program shall be implemented in the unincorporated area of the county, and in any city in which there is no agency certified to implement the unified program. In such an instance, the secretary shall work in consultation with the county and cities to determine which state or local agency or combination of state and local agencies should implement the unified program, and shall determine which state or local agency shall be designated as the certified unified program agency. (B) The secretary shall determine the method by which the unified program shall be implemented throughout the county and may select any combination of the following implementation methods: (i) The certification of a state or local agency as a certified unified program agency. (ii) The certification of an agency from another county as the certified unified program agency. (iii) The certification of a joint powers agency as the certified unified program agency. (C) Notwithstanding paragraph (1) and subparagraphs (A) and (B), if the Cities of Sunnyvale, Anaheim, and Santa Ana prevail in litigation filed in 1997 against the secretary, and, to the extent the secretary determines that these three cities meet the requirements for certification, the secretary may certify these cities as certified unified program agencies. (g) (1) If a certified unified program agency wishes to withdraw from its obligations to implement the unified program and is a city or a joint powers agency implementing the unified program within a city, the agency may withdraw after providing 180 days’ notice to the secretary and to the county within which the city is located, or to the joint powers agency with which the county has an agreement to implement the unified program. (2) Whenever a certified unified program agency withdraws from its obligations to implement the unified program, or the secretary withdraws an agency’s certification pursuant to Section 25404.4, the successor certified unified program agency shall be determined in accordance with subdivision (f). (Amended by Stats. 2013, Ch. 352, Sec. 353. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  49. 25404.3.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    A qualifying city or local agency that wants to administer the unified program must ask the secretary to include it in the implementation structure, and the secretary may approve the request if the agency remains qualified.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.3.1. A city or other local agency, which, as of December 31, 1999, has been designated as an administering agency pursuant to Section 25502, or has assumed responsibility for the implementation of Chapter 6.7 (commencing with Section 25280) pursuant to Section 25283, and that wishes to administer the unified program or an element of the unified program identified in subdivision (c) of Section 25404, shall request the secretary to include the agency in the implementation structure established by paragraph (2) of subdivision (f) of Section 25404.3. The secretary may grant the request for as long as the agency remains qualified to implement the unified program or an element of the program. (Added by Stats. 2000, Ch. 730, Sec. 2. Effective January 1, 2001.)
  50. 25404.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    The secretary must review certified unified program agencies and may withdraw certification or use a program improvement agreement if an agency fails to properly implement the unified program.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.4. (a) (1) The secretary shall periodically review the ability of each certified unified program agency to carry out this chapter. In conducting this review, the secretary shall review both the elements of each CUPA’s enforcement program and the efficacy of the program in ensuring compliance with the unified program’s requirements. If a certified unified program agency fails to meet its obligations to adequately implement the unified program, the secretary may withdraw the certified unified program agency’s certification, or may enter into a program improvement agreement with the certified unified program agency to make the necessary improvements. A certified unified program agency with which the secretary has entered into a program improvement agreement may continue to implement the unified program while the program improvement agreement is in effect and the certified unified program agency is in compliance with the agreement. If the secretary finds that a CUPA has not met the enforcement performance standards adopted pursuant to Section 25404.6 and the secretary enters into a program improvement agreement with the CUPA, the agreement shall make the improvement of enforcement the highest priority. (2) Before withdrawing a certified unified program agency’s certification, the secretary shall submit to the certified unified program agency a notification of the secretary’s intent to withdraw certification, in which the secretary shall specify the reasons why the certified unified program agency has failed to meet its obligations to adequately implement the unified program. The secretary shall provide the certified unified program agency with a reasonable time to respond to the reasons specified in the notification and to correct the deficiencies specified in the notification. The certified unified program agency may request a public hearing, at which the secretary shall hear the agency’s response to the reasons specified in the notification. (b) (1) If the secretary finds that a certified unified program agency has failed to adequately enforce the requirements of the unified program with respect to a particular facility, the secretary may direct the appropriate state agency to take any necessary actions and to issue necessary orders to the facility. (2) If the secretary finds that the failure to adequately enforce the requirements of the unified program may result in an imminent and substantial endangerment to the environment or to the public health and safety, the secretary shall direct the appropriate state agency to take any necessary actions and to issue the necessary orders to the facility. (3) This chapter does not prevent any appropriate state agency from issuing an order or taking any other action pursuant to state law. (Amended by Stats. 2000, Ch. 144, Sec. 8. Effective July 19, 2000.)
  51. 25404.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    Certified unified program agencies must use a single fee system, and the secretary can waive or adjust certain surcharge requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.5. (a) (1) Each certified unified program agency shall institute a single fee system, which shall replace the fees levied pursuant to Sections 25201.14 and 25205.2, except for transportable treatment units permitted under Section 25200.2, and which shall also replace any fees levied by a local agency pursuant to Sections 25143.10, 25287, 25513, and 25535.5, or any other fee levied by a local agency specifically to fund the implementation of the provisions specified in subdivision (c) of Section 25404. The single fee system shall additionally include the fee established pursuant to Section 25270.6. Notwithstanding Sections 25143.10, 25201.14, 25287, 25513, and 25535.5, a person who complies with the certified unified program agency’s “single fee system” fee shall not be required to pay any fee levied pursuant to those sections, except for transportable treatment units permitted under Section 25200.2. (2) (A) The governing body of the local certified unified program agency shall establish the amount to be paid by each person regulated by the unified program under the single fee system at a level sufficient to pay the necessary and reasonable costs incurred by the certified unified program agency and by any participating agency pursuant to the requirements of subparagraph (E) of paragraph (1) of subdivision (d) of Section 25404.3. (B) The secretary shall establish the amount to be paid when the unified program agency is a state agency. (3) The fee system may also be designed to recover the necessary and reasonable costs incurred by the certified unified program agency, or a participating agency pursuant to the requirements of subparagraph (E) of paragraph (1) of subdivision (d) of Section 25404.3, in administering provisions other than those specified in subdivision (c) of Section 25404, if the implementation and enforcement of those provisions has been incorporated as part of the unified program by the certified unified program agency pursuant to subdivision (b) of Section 25404.2, and if the single fee system replaces any fees levied as of January 1, 1994, to fund the implementation of those additional provisions. (4) The amount to be paid by a person regulated by the unified program may be adjusted to account for the differing costs of administering the unified program with respect to that person’s regulated activities. (b) (1) Except as provided in subdivision (d), the single fee system instituted by each certified unified program agency shall include an assessment on each person regulated by the unified program of a surcharge, the amount of which shall be determined by the secretary annually, to cover the necessary and reasonable costs of the state agencies in carrying out their responsibilities under this chapter. The secretary may adjust the amount of the surcharge to be collected by different certified unified program agencies to reflect the different costs incurred by the state agencies in supervising the implementation of the unified program in different jurisdictions, and in supervising the implementation of the unified program in those jurisdictions for which the secretary has waived the assessment of the surcharge pursuant to subdivision (d). The certified unified program agency may itemize the amount of the surcharge on any bill, invoice, or return that the agency sends to a person regulated by the unified program. Each certified unified program agency shall transmit all surcharge revenues collected to the secretary on a quarterly basis. The surcharge shall be deposited in the Unified Program Account, which is hereby created in the General Fund and which may be expended, upon appropriation by the Legislature, by state agencies for the purposes of implementing this chapter. (2) On or before January 10, 2001, the secretary shall report to the Legislature on whether the number of persons subject to regulation by the unified program in any county is insufficient to support the reasonable and necessary cost of operating the unified program using only the revenues from the fee. The secretary’s report shall consider whether the surcharge required by subdivision (a) should include an assessment to be used to supplement the funding of unified program agencies that have a limited number of entities regulated under the unified program. (c) Each certified unified program agency and the secretary shall, before the institution of the single fee system and the assessment of the surcharge, implement a fee accountability program designed to encourage more efficient and cost-effective operation of the program for which the single fee and surcharge are assessed. The fee accountability programs shall include those elements of the requirements of the plan adopted pursuant to former Section 25206, as it read on January 1, 1995, that the secretary determines are appropriate. (d) The secretary may waive the requirement for a county to assess a surcharge pursuant to subdivision (b), if both of the following conditions apply: (1) The county meets all of the following conditions: (A) The county submits an application to the secretary for certification on or before January 1, 1996, that incorporates all of the requirements of this chapter, and includes the county’s request for a waiver of the surcharge, and contains documentation that demonstrates, to the satisfaction of the secretary, both of the following: (i) That the assessment of the surcharge will impose a significant economic burden on most businesses within the county. (ii) That the combined dollar amount of the surcharge and the single fee system to be assessed by the county pursuant to subdivision (a) exceeds the combined dollar amount of all existing fees that are replaced by the single fee system for most businesses within the county. (B) The application for certification, including the information required by subparagraph (A), is determined by the secretary to be complete, on or before April 30, 1996. The secretary, for good cause, may grant an extension of that deadline of up to 90 days. (C) The county is certified by the secretary on or before December 31, 1996. (D) On or before January 1, 1994, the county completed the consolidation of the administration of the hazardous waste generator program, the hazardous materials release response plans and inventories program, and the underground storage tank program, referenced in paragraphs (1), (3), and (4) of subdivision (c) of Section 25404, into a single program within the county’s jurisdiction. (E) The county demonstrates that it will consolidate the administration of all programs specified in subdivision (c) of Section 25404, and that it will also consolidate the administration of at least one additional program that regulates hazardous waste, hazardous substances, or hazardous materials, as specified in subdivision (d) of Section 25404.2, other than the programs specified in subdivision (c) of Section 25404, into a single program to be administered by a single agency in the county’s jurisdiction at the time that the county’s certification by the secretary becomes effective. (2) The secretary makes all of the following findings: (A) The county meets all of the criteria specified in paragraph (1). (B) The assessment of the surcharge would impose a significant economic burden on most businesses within the county. (C) The combined dollar amount of the surcharge and the single fee system to be assessed by the county pursuant to subdivision (a) would exceed the combined dollar amount of all existing fees that are replaced by the single fee system for most businesses within the county. (D) The waiver of the surcharge for those counties applying for and qualifying for a waiver, and the resulting increase in the surcharge for other counties, would not, when considered cumulatively, impose a significant economic burden on businesses in any other county that does not apply for, or does not meet the criteria for, a waiver of the surcharge. (e) The secretary shall review all of the requests for a waiver of the surcharge made pursuant to subdivision (d) simultaneously, so as to adequately assess the cumulative impact of granting the requested waivers on businesses in those counties that have not applied, or do not qualify, for a waiver, and shall grant or deny all requests for a waiver of the surcharge within 30 days from the date that the secretary certifies all counties applying, and qualifying, for a waiver. If the secretary finds that the grant of a waiver of the surcharge for all counties applying and qualifying for the waiver will impose a significant economic burden on businesses in one or more other counties, the secretary shall take either of the following actions: (1) Deny all of the applications for a waiver of the surcharge. (2) Approve only a portion of the waiver requests for counties meeting the criteria set forth in subdivision (d), to the extent that the approved waivers, when taken as a whole, meet the condition specified in subparagraph (D) of paragraph (2) of subdivision (d). In determining which of the counties’ waiver requests to grant, the secretary shall consider all of the following factors: (A) The relative degree to which the assessment of the surcharge will impose a significant economic burden on most businesses within each county applying and qualifying for a waiver. (B) The relative degree to which the combined dollar amount of the surcharge and the single fee system to be assessed, pursuant to subdivision (a), by each county applying and qualifying for a waiver exceeds the combined dollar amount of all existing fees that are replaced by the single fee system for most businesses within the county. (C) The relative extent to which each county applying and qualifying for a waiver has incorporated, or will incorporate, upon certification, additional programs pursuant to subdivision (d) of Section 25404.2, into the unified program within the county’s jurisdiction. (f) The secretary may, at any time, terminate a county’s waiver of the surcharge granted pursuant to subdivisions (d) and (e) if the secretary determines that the criteria specified in subdivision (d) for the grant of a waiver are no longer met. (g) This section shall become operative on July 1, 2022. (Repealed (in Sec. 80) and added by Stats. 2021, Ch. 73, Sec. 81. (SB 158) Effective July 12, 2021. Operative July 1, 2022, by its own provisions.)
  52. 25404.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    The secretary may start implementing parts of the unified hazardous waste and hazardous materials program right away, and must adopt regulations and work with the EPA while avoiding loss of federal authorization.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.6. (a) The secretary may immediately implement those aspects of the unified program which do not require statutory changes. If the secretary determines that statutory changes are needed to fully implement the program, the secretary shall recommend those changes to the Legislature on or before March 1, 1995, so that the changes, if approved by the Legislature, can be implemented as part of the program by January 1, 1996. (b) The secretary shall work in close consultation with the Environmental Protection Agency, and shall implement this chapter only to the extent that doing so will not result in this state losing its authorization or delegation to implement the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.), the Federal Water Pollution Control Act, (33 U.S.C. Sec. 1251 et seq.), the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Sec. 11001 et seq.), and any other applicable federal laws. (c) The secretary shall adopt regulations necessary for the orderly administration and implementation of the unified program. The regulations shall include, but are not limited to, performance standards to guide the secretary in evaluating unified program agencies including evaluation of fee accountability and enforcement activities. The secretary shall adopt those regulations as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. (Amended by Stats. 2000, Ch. 144, Sec. 10. Effective July 19, 2000.)
  53. 25404.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    This section requires CUPAs to create a single fee system, lets the secretary allocate Rural CUPA Reimbursement Account money to eligible counties, and caps certain county allocations by population size.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.8. (a) (1) In a county for which a CUPA has not been certified on or before January 1, 2000, and where the unified program is implemented pursuant to paragraph (2) of subdivision (f) of Section 25404.3, the CUPA is eligible for an allocation pursuant to subdivision (d). (2) The CUPA shall institute a single fee system that meets the requirements of Section 25404.5, except that the amounts to be paid by each person regulated by the unified program under the single fee system shall be set at a level so that the revenues collected under the single fee system and the amount allocated pursuant to subdivision (d) are sufficient to pay the necessary costs incurred by the CUPA in implementing the unified program. The CUPA shall determine the level to be paid by persons regulated under the unified program by conducting a workload analysis that establishes the direct and indirect costs to the CUPA of implementing the unified program. (b) A CUPA that implements the unified program pursuant to paragraph (2) of subdivision (f) of Section 25404.3 shall use the funding allocated pursuant to subdivision (d) to implement the unified program within the jurisdiction of the CUPA in accordance with the implementation agreement reached with the secretary pursuant to paragraph (2) of subdivision (f) of Section 25404.3. (c) The Rural CUPA Reimbursement Account is hereby established in the General Fund and the secretary may expend the money in the account to make the allocations specified in subdivision (d). (d) (1) Except as provided in paragraph (2), the secretary shall allocate the following amounts from the Rural CUPA Reimbursement Account to an eligible county: (A) If the county has a population of less than 70,000 persons, the amount of the funds allocated from the account shall not exceed 75 percent of the budgeted costs as approved by the local governing body for implementation of the unified program. (B) If the county has a population of more than 70,000, but less than 100,000 persons, the amount of the funds allocated from the account shall not exceed 50 percent of the budgeted costs as approved by the local governing body for implementation of the unified program. (C) If the county has a population of more than 100,000, but less than 150,000 persons, the amount of the funds allocated from the account shall not exceed 35 percent of the budgeted costs as approved by the local governing body for implementation of the unified program. (2) The secretary shall not allocate more than sixty thousand dollars ($60,000) for all CUPAs in an eligible county. (e) Contingent upon an appropriation by the Legislature for these purposes, notwithstanding paragraph (1) of subdivision (a), every county that has a population of less than 150,000 shall be eligible for funding pursuant to subdivision (d). (Amended by Stats. 2025, Ch. 176, Sec. 1. (AB 993) Effective January 1, 2026.)
  54. 25404.9.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. )

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    The SCUPA Account is created in the General Fund and administered by the department; the department may spend the account’s funds only after legislative appropriation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.11. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program [25404 - 25404.9] ( Chapter 6.11 added by Stats. 1993, Ch. 418, Sec. 3. ) ## 25404.9. (a) The State Certified Unified Program Agency Account (SCUPA Account) is hereby established in the General Fund and shall be administered by the department. In addition to any other money that may be appropriated by the Legislature to the SCUPA Account, all of the following funds shall be deposited in the SCUPA Account: (1) The fees collected pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 25404.5. (2) All reimbursements received for costs of enforcement actions taken by the department acting as a CUPA pursuant to this chapter. (3) Funds received for the counties in which the department acts as a CUPA from the Rural CUPA Reimbursement Account established pursuant to subdivision (c) of Section 25404.8. (4) Civil and criminal penalties collected pursuant to paragraph (3) of subdivision (a) of Section 25192, as appropriate. (5) Administrative penalties collected pursuant to subdivision (i) of Section 25404.1.1, as appropriate. (6) All interest earned upon money deposited in the SCUPA Account. (b) The funds deposited in the SCUPA Account may be expended by the department, upon appropriation by the Legislature, for the department’s costs of implementing the unified program in those counties for which the secretary has designated the department as a CUPA pursuant to paragraph (2) of subdivision (f) of Section 25404.3. (Added by Stats. 2005, Ch. 81, Sec. 3. Effective July 19, 2005.)
  55. 25410.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. )

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    The Legislature declares that hazardous materials in the state pose health risks, that people have a need and right to know about them, and that better information sharing is needed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. ) ## 25410. The Legislature finds and declares the following: (a) Hazardous materials, including hazardous substances and hazardous wastes, are present in the state and pose acute and chronic health risks to individuals who live and work in this state, and who are exposed to these substances as a result of fires, spills, industrial accidents, or other types of releases or emissions. (b) The people who live and work in this state have a right and a need to know of the use and dangers of hazardous materials in their communities in order to plan for, and respond to, potential exposure to these materials. (c) Basic information on the location, type, characteristics, and health risks of hazardous materials used, stored, or disposed of in the state is not currently available to firefighters, health officials, planners, elected officials, and residents. There are gaps in the information collected and the data is stored in various formats, thereby limiting its effective use to protect the public health and safety. (d) Existing state data base computer systems are not capable of effectively exchanging hazardous material information nor are they accessible to state and local agencies which have a need for the information. (Added by Stats. 1985, Ch. 1559, Sec. 1. Effective October 2, 1985.)
  56. 25411.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. )

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    This section defines “handle,” “hazardous material,” and “release.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. ) ## 25411. As used in this chapter: (a) “Handle” means to use, generate, process, produce, package, treat, store, or dispose of a hazardous material in any fashion. (b) “Hazardous material” means any of the following materials: (1) A material listed in subdivision (b) of Section 6382 of the Labor Code. (2) A material defined in Section 25115, 25117, or subdivision (a) of Section 78075. (3) Any other material which the director determines, 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 community. (c) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. (Amended by Stats. 2022, Ch. 258, Sec. 96. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  57. 25416.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. )

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    The department must conditionally conduct or fund hazardous materials studies and community information programs, work with specified health authorities, and respond to local health officer requests within 90 days.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. ) ## 25416. (a) All studies and community information programs conducted pursuant to this section shall be done only if either subdivision (b) applies or if funds are available without restructuring the department’s funding priorities. The department shall conduct these studies and information programs in the following manner: (1) The department shall, except as provided in subdivision (b), and in conjunction with the local health officer, the State Department of Health Services, and the Office of Environmental Health Hazard Assessment, conduct or contract for epidemiological studies to identify and monitor health effects related to exposure to hazardous materials, as defined in Section 66084 of Title 22 of the California Code of Regulations. A study may be conducted in any area of the state identified by the department or the local health officer as a site of potential exposure to hazardous materials, including, but not limited to, any of the following areas: (A) All communities located near hazardous waste disposal facilities. (B) In all communities containing hazardous substance release sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 or listed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). (C) In all areas around the location of major generators of hazardous waste. (D) In all other areas identified by local health officers or the State Department of Health Services as possible locations of public exposure to hazardous materials. (2) The department, in consultation with the State Department of Health Services and the Office of Environmental Health Hazard Assessment, shall determine which epidemiological studies are to be conducted pursuant to this section based on the potential for public exposure to hazardous materials. Studies in areas near Class I hazardous waste disposal facilities, as defined in Section 2531 of Title 23 of the California Code of Regulations, shall be given the highest priority for funding. If a hearing is conducted pursuant to Section 25149 and the hearing officer determines that there is a significant potential for endangerment to the public as a result of the suspected or actual release of a hazardous material, the department shall give priority to conducting an epidemiological study for that facility. (3) If a local health officer determines that a study should be conducted pursuant to this section because of a potential public exposure to hazardous materials, the local health officer may request that the department initiate or contract for a study pursuant to this section by demonstrating to the department that there is sufficient evidence that justifies the need for a study. The department shall respond to the local health officer’s request within 90 days. (4) A local health officer may contract with qualified persons or firms to produce the epidemiological studies specified in paragraph (1). (5) The design and methodology of any study conducted pursuant to this section shall be reviewed and approved by the department, the State Department of Health Services, and the Office of Environmental Health Hazard Assessment prior to the initiation of the study. (6) In any county in which hazardous waste disposal facilities are located and in all other counties in which the State Department of Health Services identifies significant actual or potential public exposure to hazardous materials, the department shall, in conjunction with the local health officer, conduct or contract for a community information program with respect to sites of potential exposure to hazardous materials identified under paragraph (1) to do all of the following: (A) Organize and conduct educational programs for local physicians and other health professionals on the effects of exposure to hazardous materials and reporting requirements. (B) Disseminate information to high risk populations on the health effects of exposure to hazardous materials. (C) Conduct public forums on the health effects of exposure to hazardous substances and methods of limiting exposure. (7) Paragraph (6) does not apply to hazardous substance release sites listed on the National Priorities List for which the Environmental Protection Agency has assumed lead responsibility for community relations. (b) If a county is authorized to impose a license tax pursuant to Section 25149.5 for revenue purposes, the department may require the county to provide funding for carrying out epidemiological studies or the community information program concerning the hazardous waste facility subject to the license tax. The department shall provide the county with technical assistance to conduct an epidemiological study pursuant to this subdivision. The department may exempt a county from the requirements of this subdivision if the county demonstrates to the department that the revenue potential from the facility would not be adequate to conduct an epidemiological study or community information program. When considering a county request for an exemption, the department shall consider the regulatory costs and responsibilities of the county related to that facility. (c) The department shall expend funds from the Toxic Substances Control Account, upon appropriation by the Legislature, to conduct studies and community information programs in counties containing a hazardous substance release site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45. The department shall expend funds from the Hazardous Waste Control Account, upon appropriation by the Legislature, to conduct all other studies and community information programs conducted pursuant to this section, except as provided in subdivision (b). (Amended by Stats. 2022, Ch. 258, Sec. 97. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  58. 25417.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. )

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    The department must publish and, on request, distribute the consumer information booklet, and it may charge a fee to cover related costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. ) ## 25417. The department shall publish the consumer information booklet described in Section 10084.1 of the Business and Professions Code and distribute the booklet to the public, upon request. The department may charge a fee for the booklet to defray the publication, mailing, distribution, and administrative costs necessary to implement this section and its ongoing administrative costs resulting from inquiries by the public about the contents of the booklet. (Added by Stats. 1989, Ch. 969, Sec. 3.)
  59. 25417.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. )

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    The department must publish a new edition of the consumer information booklet and make it available to the public by the stated federal-report date.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. ) ## 25417.1. The department shall publish a new edition of the consumer information booklet described in Section 10084.1 of the Business and Professions Code. The booklet shall, among other things, be in substantial compliance with the federal disclosure requirements regarding the safe management of lead and radon gas in housing, and shall be made available to the public on or before the date on which the Secretary of Housing and Urban Development submits to Congress the report required pursuant to subpart (B) of subdivision (d) of Section 4822 of Title 42 of the United States Code. (Added by Stats. 1994, Ch. 264, Sec. 1. Effective January 1, 1995.)
  60. 25417.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. )

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    This section defines “thirdhand smoke” and requires the Department of Toxic Substances Control to update the homeowners’ hazard guide to add a thirdhand smoke section.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.91. Hazardous Materials Data [25410 - 25417.2] ( Chapter 6.91 added by Stats. 1985, Ch. 1559, Sec. 1. ) ## 25417.2. (a) For purposes of this section, “thirdhand smoke” means the toxic chemical residue left behind by tobacco smoke. (b) The Department of Toxic Substances Control shall update the Homeowners’ Guide to Environmental Hazards created pursuant to Section 10084.1 of the Business and Professions Code, updated pursuant to Sections 13261, 25417, and 25417.1, and as required to be updated pursuant to Section 10084.2 of the Business and Professions Code, to include a new section on thirdhand smoke, in accordance with both of the following: (1) To offset the costs associated with updating the guide, the Department of Toxic Substances Control shall delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, which shall use existing center personnel and research resources, to the extent those resources are available. (2) The Department of Toxic Substances Control shall review the update proposed by the Center for Tobacco and the Environment at San Diego State University to ensure the update adequately educates and informs consumers on all of the following: (A) Thirdhand smoke as a common environmental hazard that is located on, and affects, real property. (B) The significance of thirdhand smoke as a common environmental hazard and what can be done to mitigate this hazard. (C) Sources that can provide more information on thirdhand smoke as a common environmental hazard for the consumer. (Added by Stats. 2025, Ch. 263, Sec. 4. (AB 455) Effective January 1, 2026.)
  61. 25420.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.92. Landfill Gas [25420 - 25422] ( Chapter 6.92 added by Stats. 1988, Ch. 932, Sec. 2. )

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    This section defines terms used in the landfill gas chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.92. Landfill Gas [25420 - 25422] ( Chapter 6.92 added by Stats. 1988, Ch. 932, Sec. 2. ) ## 25420. For purposes of this chapter, the following definitions apply: (a) “Biogas” means gas that is produced from the anaerobic decomposition of organic material. (b) “Biomethane” means biogas that meets the standards adopted pursuant to subdivisions (c) and (d) of Section 25421 for injection into a common carrier pipeline. (c) “Board” means the State Air Resources Board. (d) “CalRecycle” means the Department of Resources Recycling and Recovery. (e) “Commission” means the Public Utilities Commission. (f) “Common carrier pipeline” means a gas conveyance pipeline, located in California, that is owned or operated by a utility or gas corporation, excluding a dedicated pipeline. (g) “Dedicated pipeline” means a conveyance of biogas or biomethane that is not part of a common carrier pipeline system, and which conveys biogas from a biogas producer to a conditioning facility or an electrical generation facility. (h) “Department” means the Department of Toxic Substances Control. (i) “Gas corporation” has the same meaning as defined in Section 222 of the Public Utilities Code and is subject to rate regulation by the commission. (j) “Hazardous waste landfill” means a landfill that is a hazardous waste facility, as defined in Section 25117.1. (k) “Office” means the Office of Environmental Health Hazard Assessment. (l) “Person” means an individual, trust, firm, joint stock company, partnership, association, business concern, limited liability company, or corporation. “Person” also includes any city, county, district, and the state or any department or agency thereof, or the federal government or any department or agency thereof to the extent permitted by law. (Amended by Stats. 2012, Ch. 602, Sec. 1. (AB 1900) Effective January 1, 2013.)
  62. 25421.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.92. Landfill Gas [25420 - 25422] ( Chapter 6.92 added by Stats. 1988, Ch. 932, Sec. 2. )

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    This section requires the office, board, and commission to create, update, and adopt biogas health and pipeline-safety standards, and it prohibits certain biogas injections, sales, purchases, and transports unless the standards are met.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.92. Landfill Gas [25420 - 25422] ( Chapter 6.92 added by Stats. 1988, Ch. 932, Sec. 2. ) ## 25421. (a) On or before May 15, 2013, all of the following shall be completed: (1) The office, in consultation with the board, the department, CalRecycle, and the California Environmental Protection Agency, shall compile a list of constituents of concern that could pose risks to human health and that are found in biogas at concentrations that significantly exceed the concentrations of those constituents in natural gas. The office, in consultation with the board, the department, CalRecycle, and the California Environmental Protection Agency, shall update this list at least every five years. (2) The office shall determine health protective levels for the list of constituents of concern identified pursuant to paragraph (1). In determining those health protective levels, the office shall consider potential health impacts and risks, including, but not limited to, health impacts and risks to utility workers and gas end users. The office shall update these levels at least every five years. (3) The board shall identify realistic exposure scenarios and, in consultation with the office, shall identify the health risks associated with the exposure scenarios for the constituents of concern identified by the office pursuant to paragraph (1). The board shall update the exposure scenarios, and, in consultation with the office, the health risks associated with the exposure scenarios, at least every five years. (4) Upon completion of the responsibilities required pursuant to paragraphs (1) through (3), the board, in consultation with the office, the department, CalRecycle, and the California Environmental Protection Agency shall determine the appropriate concentrations of constituents of concern. In determining those concentrations, the board shall use the health protective levels identified pursuant to paragraph (2) and the exposure scenarios identified pursuant to paragraph (3). The concentrations shall be updated at least every five years by the board in consultation with the office, the department, CalRecycle, and the California Environmental Protection Agency. (5) The board, in consultation with the office, the department, CalRecycle, and the California Environmental Protection Agency, shall identify reasonable and prudent monitoring, testing, reporting, and recordkeeping requirements, separately for each source of biogas, that are sufficient to ensure compliance with the health protective standards adopted pursuant to subdivision (d). The board, in consultation with the office, the department, CalRecycle and the California Environmental Protection Agency shall update the monitoring, testing, reporting, and recordkeeping requirements at least every five years. (b) Actions taken pursuant to subdivision (a) shall not constitute regulations and shall be exempt from the administrative regulations and rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 2 of Title 2 of the Government Code). (c) On or before December 31, 2013, for biomethane that is to be injected into a common carrier pipeline, the commission shall, by rule or order, adopt standards that specify, for constituents that may be found in that biomethane, concentrations that are reasonably necessary to ensure both of the following: (1) The protection of human health. In making this specification, the commission shall give due deference to the determinations of the board pursuant to paragraph (4) of subdivision (a). (2) Pipeline and pipeline facility integrity and safety. (d) To ensure pipeline and pipeline facility integrity and safety, on or before December 31, 2013, the commission, giving due deference to the board’s determinations, shall, by rule or order, adopt the monitoring, testing, reporting, and recordkeeping requirements identified pursuant to paragraph (5) of subdivision (a). (e) Every five years, or earlier if new information becomes available, the commission shall review and update the standards for the protection of human health and pipeline integrity and safety adopted pursuant to subdivision (c), as well as the monitoring, testing, reporting, and recordkeeping requirements adopted pursuant to subdivision (d). (f) (1) A person shall not inject biogas into a common carrier pipeline unless the biogas satisfies both the standards set by the commission pursuant to subdivision (c), as well as the monitoring, testing, reporting, and recordkeeping requirements of subdivision (d). (2) The commission shall require gas corporation tariffs to condition access to common carrier pipelines on the applicable customer meeting the standards and requirements adopted by the commission pursuant to subdivisions (c) and (d). (g) (1) A person shall not knowingly sell, supply, or transport, or knowingly cause to be sold, supplied, or transported, biogas collected from a hazardous waste landfill to a gas corporation through a common carrier pipeline. (2) A gas corporation shall not knowingly purchase gas collected from a hazardous waste landfill through a common carrier pipeline. (Repealed and added by Stats. 2012, Ch. 602, Sec. 3. (AB 1900) Effective January 1, 2013.)
  63. 25422.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.92. Landfill Gas [25420 - 25422] ( Chapter 6.92 added by Stats. 1988, Ch. 932, Sec. 2. )

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    People who violate or threaten to violate Section 25421 can be enjoined, and people who violate it can face a civil penalty of up to $2,500 per day for each violation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.92. Landfill Gas [25420 - 25422] ( Chapter 6.92 added by Stats. 1988, Ch. 932, Sec. 2. ) ## 25422. (a) Any person violating, or threatening to violate, Section 25421 may be enjoined in any court of competent jurisdiction. (b) Any person who has violated Section 25421 shall be liable for a penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation. The civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. The actions may be brought by the Attorney General in the name of the people of the State of California or by any district attorney or by any city attorney of a city having a population in excess of 750,000 or with the consent of the district attorney by a city prosecutor. The penalties may also be assessed administratively pursuant to Section 25187. (Amended by Stats. 1992, Ch. 1344, Sec. 18. Effective January 1, 1993.)
  64. 25500.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    This section establishes business and area plans for hazardous materials and a statewide reporting system, and it says local rules may add or increase requirements for hazardous materials suppliers and businesses that handle hazardous materials.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25500. (a) The Legislature declares that, in order to protect the public health and safety and the environment, it is necessary to establish business and area plans relating to the handling and release or threatened release of hazardous materials. The establishment of a statewide environmental reporting system for these plans is a statewide requirement. Basic information on the location, type, quantity, and health risks of hazardous materials handled, used, stored, or disposed of in the state, which could be accidentally released into the environment, is required to be submitted to firefighters, health officials, planners, public safety officers, health care providers, regulatory agencies, and other interested persons. The information provided by business and area plans is necessary in order to prevent or mitigate the damage to the health and safety of persons and the environment from the release or threatened release of hazardous materials into the workplace and environment. (b) The Legislature further finds and declares that this article and Article 2 (commencing with Section 25531) do not occupy the whole area of regulating the inventorying of hazardous materials and the preparation of hazardous materials response plans by businesses, and the Legislature does not intend to preempt any local actions, ordinances, or regulations that impose additional or more stringent requirements on suppliers of hazardous materials or businesses that handle hazardous materials. Thus, in enacting this article and Article 2 (commencing with Section 25531), it is not the intent of the Legislature to preempt or otherwise nullify any other statute or local ordinance containing the same or greater standards and protections. (Amended by Stats. 2022, Ch. 278, Sec. 1. (AB 2059) Effective January 1, 2023.)
  65. 25501.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    This section defines many terms used in the hazardous materials response plans article and says handlers or unified program agencies must notify the secretary within 30 days after certain local ordinances are adopted.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 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 that is used for personal, family, or household purposes, or that is present in the same form, concentration, and quantity as a product prepackaged for distribution to a consumer for personal, family, or household purposes. A product that is not sold for personal, family, or household use is not a “consumer product.” (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 described in Title 49 of the Code of Federal Regulations, with regard to the inventory requirements of Section 25506. (2) (A) The use or potential 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 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) A substance listed as a radioactive material in Appendix B of Part 30 (commencing with Section 30.1) of Title 10 of the Code of Federal Regulations, as maintained and updated by the United States 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 an extremely hazardous waste, as defined in Section 25115, a hazardous waste, as defined in Section 25117, or a hazardous substance, as defined in subdivision (a) of Section 78075. (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) “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. (p) “Retail establishment” means a business that sells consumer products prepackaged for direct distribution to, and intended for use by, the end user. 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 establishment. A retail establishment does not include a pest control dealer, as defined in Section 11407 of the Food and Agricultural Code. (q) “Secretary” means the Secretary for Environmental Protection. (r) “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. (s) “Supplier” means a manufacturer, distributor, wholesaler, or retailer in the state that sells or provides hazardous materials to a business in the state. (t) “Threatened release” means a condition, circumstance, or incident making it necessary to take immediate action to prevent, reduce, or mitigate a release that has the potential to cause damage or harm to persons, property, or the environment. (u) “Trade secret” means trade secrets as defined in either subdivision (f) of Section 7924.510 of the Government Code or paragraph (1) of subdivision (a) of 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. (Amended by Stats. 2023, Ch. 131, Sec. 117. (AB 1754) Effective January 1, 2024.)
  66. 25502.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    This section assigns who may implement the article and requires the implementing agency to give emergency responders and certain government entities access to submitted information.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25502. (a) (1) Notwithstanding any other law, 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, may be implemented by a duly authorized designee of the secretary and shall be implemented by either of the following: (A) If there is a CUPA, the unified program agency. (B) If there is no CUPA, the agency authorized pursuant to subdivision (f) of Section 25404.3. (2) To carry out the purposes of this chapter, any duly authorized designee of the secretary shall have all of the same authorities as those provided to a unified program agency in a unified program agency’s implementation of this article and Article 2 (commencing with Section 25531). (b) The agency identified in subparagraphs (A) and (B) of paragraph (1) of subdivision (a) 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. (Amended by Stats. 2023, Ch. 51, Sec. 12. (SB 122) Effective July 10, 2023.)
  67. 25503.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    The secretary must adopt minimum standards for business and area plans, and the unified program agency must create, submit, review, and update area plans on the timelines stated here.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25503. (a) The secretary 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. The secretary shall adopt, after public hearing and consultation with the appropriate public entities, regulations for minimum standards for area plans. All business plans and area plans shall meet the standards adopted by the secretary. (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. (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 Emergency Services of reports made pursuant to Section 25510. (d) (1) The unified program agency shall submit to the secretary for the secretary’s review a copy of the proposed area plan within 180 days after adoption of regulations by the secretary. The secretary 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 secretary 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 secretary 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 subdivision do not alter or affect the immunity provided to a public entity pursuant to Section 818.6 of the Government Code. (Amended by Stats. 2021, Ch. 115, Sec. 26. (AB 148) Effective July 22, 2021.)
  68. 25504.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    This section coordinates hazardous materials reporting and requires agencies to share information, adopt a standard addendum, and use that addendum in certain filings.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 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 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 fire code official, 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 fire code official 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 secretary shall, in consultation with the unified program agencies and the Office of 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 fire code official 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 fire code official to enforce the California Fire Code. (Amended by Stats. 2021, Ch. 115, Sec. 27. (AB 148) Effective July 22, 2021.)
  69. 25505.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    Businesses covered by this section must include specified hazardous-materials planning information in their business plans, keep training records, and make certain plans and maps available to relevant personnel. The unified program agency also has notice duties when local map or information requirements are adopted.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 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 the 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, adjacent streets, access and exit points, evacuation staging areas, hazardous material handling and storage areas, emergency response equipment, and, if present, loading areas, internal roads, storm and sewer drains, and emergency shutoffs, as well as additional map requirements the governing body of the unified program agency finds necessary. Any locally required additional map requirements shall be adopted by local ordinance. This ordinance and related public processes are subject to the limitations on the disclosure of hazardous material location information specified in subdivision (b) of Section 25509. The unified program agency shall notify the secretary both before publishing a proposed ordinance to require additional map requirements and within 30 days after those requirements are adopted. A site map shall be updated to include the additional information required pursuant to the local ordinance no later than one year after the adoption of the local ordinance. (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 to mitigate 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. (Amended by Stats. 2023, Ch. 207, Sec. 11. (AB 1716) Effective January 1, 2024.)
  70. 25505.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    A covered business on leased or rented property must notify the property owner in writing that it is subject to Section 25507 and has complied with it, and must give the owner or agent a copy of the business plan within five working days after a request.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25505.1. A business that is required to establish and implement a business plan pursuant to Section 25507 and is located on leased or rented real property shall notify, in writing, the owner of the property that the business is subject to Section 25507 and has complied with its provisions, and shall provide a copy of the business plan to the owner or the owner’s agent within five working days after receiving a request for a copy from the owner or the owner’s agent. (Repealed and added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  71. 25506.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    This section requires the secretary to specify hazardous materials inventory reporting requirements, and it can require businesses and handlers to submit related inventory or addendum filings, with some exceptions and a federal-equivalency fallback.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25506. (a) The secretary, in coordination with the Office of Emergency Services, 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 fire code official, the business shall also file the addendum required by paragraph (4) of subdivision (e) of Section 25504. (c) 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. (d) If, pursuant to federal law or regulation, as it currently exists or as it may be amended, the secretary determines that the inventory information required by subdivisions (a) and (c) is substantially equivalent to the inventory information required under the federal 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. (Amended by Stats. 2021, Ch. 115, Sec. 28. (AB 148) Effective July 22, 2021.)
  72. 25507.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    A business meeting certain hazardous-material thresholds at a unified program facility must establish and implement an emergency response business plan, unless an exemption applies.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25507. (a) Except as provided in this article, a business 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 meets any of the following conditions at any unified program facility: (1) (A) It 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. 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) It is required to submit chemical inventory information pursuant to Section 11022 of Title 42 of the United States Code. (3) It 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) It 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, except as provided in subparagraph (B). (B) If the hazardous material handled by the facility is a paint that will be recycled or otherwise managed under a paint product recovery program approved by the Department of Resources Recycling and Recovery pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code, the business is required to establish and implement a business plan only if the business 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) It 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, or nitrous oxide ordinarily maintained by a physician, dentist, podiatrist, veterinarian, pharmacist, or emergency medical service provider at their place of business. (C) Carbon dioxide or carbon dioxide mixed with simple asphyxiation gases that are classified as a hazard for purposes of Section 5194 of Title 8 of the California Code of Regulations. (D) A nonflammable refrigerant gas, as defined in the California Fire Code, that is used in a refrigeration system. (E) A gas that is used in a closed fire suppression system. (6) It handles a radioactive material at any one time during the reporting year in quantities for which an emergency plan is required to be 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 I of Title 10 of the Code of Federal Regulations, or pursuant to any regulations adopted by the state in accordance with these federal regulations. (7) It 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). (8) (A) It handles a combustible metal or metal alloy that is defined as a pyrophoric or water-reactive material in the California Fire Code, in any quantity in raw stock, scrap, or powder form at any time during the reporting year. (B) It handles a combustible metal or metal alloy that is defined as a combustible dust, flammable solid, or magnesium in the California Fire Code, in a quantity in raw stock, scrap, or powder form at any one time during the reporting year that is equal to, or greater than, 100 pounds. (C) It handles a combustible metal or metal alloy that poses an explosive potential, when in molten form, in a quantity at any one time during the reporting year that is equal to, or greater than, 500 pounds. (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 cooling for occupancies 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. (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 and a spill prevention control and countermeasure plan is not required pursuant to Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations: (A) Fluid in a hydraulic system. (B) Oil-filled electrical equipment that is not contiguous to an electric facility. (5) (A) A hazardous material that meets the definition of a consumer product and is handled at, and found in, a retail establishment and intended for direct sale to the end user. (B) The exemption provided for in subparagraph (A) shall not apply to either of the following: (i) A consumer product handled at a facility that manufactures that product, or a separate warehouse or distribution center where there are no direct sales to consumers, or where a product is dispensed on the retail premises. (ii) A consumer product sold at a retail establishment that has a National Fire Protection Association or “NFPA” or Hazardous Materials Identification System or “HMIS” rating of 3 or 4 and is stored, at any time, in quantities equal to, or greater than, 165 gallons for a liquid, 600 cubic feet for a gas, and 1,500 pounds for a solid. If a unified program agency determines that a consumer product stored at a retail establishment is stored at or above a reportable threshold listed in subdivision (a), and poses a significant potential hazard, the unified program agency may require the product to be reported in accordance with this chapter. (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 facility, unless the unified program agency finds, and provides notice to the business handling the propane, that the handling of the on-premises propane requires the submission of a business plan, or any portion of a business plan, in response to public health, safety, or environmental concerns. (7) Liquid or gaseous fuel in fuel tanks on vehicles or motorized equipment. For purposes of this section, the fuel tank shall be integral to the operation of the vehicle or motorized equipment. (8) Treated wood and treated wood waste, unless the requirement that the facility submit chemical inventory information pursuant to Section 11022 of Title 42 of the United States Code applies. For the purposes of this section, the definition of “treated wood” set forth in subdivision (c) of Section 25230.1 applies. For the purposes of this section, the definition of “treated wood waste” set forth in subdivision (d) of Section 25230.1 applies. Treated wood or treated wood waste that would otherwise be subject to the requirements of this section pursuant to subparagraph (B) of paragraph (5), is exempt if it satisfies the requirements of this paragraph. (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 from Section 25506 a hazardous material, as defined in subdivision (n) of Section 25501, if the unified program agency finds 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 secretary within 15 days from the effective date of any exemption granted pursuant to this subdivision. (d) A 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) A 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 or 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) A unified program agency shall adopt procedures to provide for public input when approving applications submitted pursuant to subdivisions (d) and (e). (Amended by Stats. 2024, Ch. 989, Sec. 4. (SB 1143) Effective January 1, 2025.)
  73. 25507.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    A qualifying farm business can be exempted from certain business-plan filing requirements if it meets specified reporting, signage, and training conditions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 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 secretary 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. (Amended by Stats. 2021, Ch. 115, Sec. 30. (AB 148) Effective July 22, 2021.)
  74. 25507.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    A qualifying unstaffed facility may be exempted from certain hazardous-materials plan requirements, and the business must resubmit its plan within 30 days if the reported information changes for more than 30 days.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25507.2. Except as specified in this section, unless required by a local ordinance, the unified program agency shall exempt a business from application of Sections 25506, 25507, 25508.2, and 25511 to an unstaffed facility located at least one-half mile from the nearest occupied structure 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. (Amended by Stats. 2015, Ch. 452, Sec. 13. (SB 612) Effective January 1, 2016.)
  75. 25507.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Suppliers of certain hazardous materials must keep sales or provision records, keep them for at least one year, and provide them to a unified program agency within five days of request.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25507.5. (a) A supplier of hazardous materials that are listed by the United States Department of Transportation and that are classified in two or more federal hazard categories in the California Environmental Reporting System, not including the “Hazard Not Otherwise Classified” category, shall maintain records for the sale or provision of those hazardous materials to a business in the state in quantities equal to, or greater than, within any 30-day period, 165 gallons of a liquid, 600 cubic feet of a gas at standard temperature and pressure, or 1,500 pounds of a solid. A record shall be maintained by the supplier for a minimum of one year and shall be made available to a unified program agency within five days of a request. (b) Records required to be maintained pursuant to subdivision (a) shall contain all of the following information about each hazardous material and the business that is purchasing or being provided with the hazardous materials: (1) Common name of the hazardous material. (2) United Nations number (UN number) of the hazardous material. (3) Quantity of the hazardous material. (4) Name of business. (5) Business address. (6) Destination address of where the hazardous material will be handled. (7) Date of purchase or provision. (8) Name of the individual conducting the transaction on behalf of the business. (Added by Stats. 2022, Ch. 278, Sec. 4. (AB 2059) Effective January 1, 2023.)
  76. 25508.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Handlers must electronically submit and certify business plans, usually on a schedule set by the unified program agency or otherwise by March 1, and correct deficient plans within 30 days after notice.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25508. (a) (1) A handler shall electronically submit its business plan 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. Except as provided in Section 25508.1, a handler shall submit its business plan in accordance with the following: (A) The handler of a facility that is required to submit tier II information pursuant to Section 11022 of Title 42 of the United States Code shall submit its business plan annually. (B) The handler of a facility that is subject to Chapter 6.67 (commencing with Section 25270) shall submit its business plan annually. (C) The handler of a facility that is not required to submit tier II information pursuant to Section 11022 of Title 42 of the United States Code and is not subject to Chapter 6.67 (commencing with Section 25270) shall submit its business plan once every three years. (2) The unified program agency shall establish a date by which a handler shall electronically submit the business plan. If a unified program agency does not otherwise establish a date, the handler shall submit the business plan on or before March 1 of every year that the plan is required to be submitted pursuant to paragraph (1). (3) 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. (4) 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. (5) 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. (Amended by Stats. 2019, Ch. 66, Sec. 1. (AB 1429) Effective January 1, 2020.)
  77. 25508.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Businesses covered by this article must update submitted hazard information electronically within 30 days after certain changes happen.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 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 or facility 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 purpose of this subdivision, “substantial change” means any change in a 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. (Amended by Stats. 2015, Ch. 452, Sec. 14. (SB 612) Effective January 1, 2016.)
  78. 25508.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Certain business representatives must annually review and certify that information in the statewide information management system is complete, accurate, and compliant.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25508.2. On or before the due date established pursuant to paragraph (2) of subdivision (a) of Section 25508, the business owner, business operator, or officially designated representative of the business shall annually 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 electronic submittal to the statewide information management system that meets the requirements of paragraph (1) of subdivision (a) of Section 25508 satisfies the certification requirement of this section. (Amended by Stats. 2019, Ch. 66, Sec. 2. (AB 1429) Effective January 1, 2020.)
  79. 25508.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    A covered hazardous-materials handler must notify the unified program agency before certain large quantities are moved and must provide listed transfer details when directed during an inspection or investigation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25508.3. Except for a household hazardous waste collection facility, as defined in Section 25218.1, a handler subject to the requirements of this chapter, if directed by a unified program agency during an investigation or inspection, including a complaint inspection, shall notify the unified program agency if hazardous materials in quantities equal to, or greater than, 165 gallons of a liquid, 600 cubic feet of a gas at standard temperature and pressure, or 1,500 pounds of a solid, are to be removed from the storage or handling location and transferred to another location. The handler shall disclose all of the following information as directed by the unified program agency: (a) Common name of the hazardous material. (b) United Nations number (UN number) of the hazardous material. (c) Quantity of hazardous material. (d) Expected date of transfer. (e) Actual date of transfer. (f) Destination address. (g) Method of shipping. (h) Shipping documentation. (Added by Stats. 2022, Ch. 278, Sec. 5. (AB 2059) Effective January 1, 2023.)
  80. 25509.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    The unified program agency must keep certain records procedures, disclose most submitted information to the public during working hours, and provide it to authorized government agencies, but not the precise on-site location of hazardous materials or related maps.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 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. (Amended by Stats. 2014, Ch. 715, Sec. 15. (SB 1261) Effective January 1, 2015.)
  81. 25510.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Handlers must report certain hazardous material, hazardous waste, or hazardous substance releases or threatened releases, and must give responders access to the facility when those events occur, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25510. (a) (1) Except as provided in subdivision (b), a hazardous material, hazardous waste, or hazardous substance release or threatened release shall be reported by the handler, or an employee, authorized representative, agent, or designee of the handler, to the UPA and to the Office of Emergency Services in accordance with the regulations adopted pursuant to this section, as follows: (A) For facilities subject to this chapter, the reporting shall be made immediately upon the discovery of a release or threatened release. (B) (i) For facilities not subject to this chapter, the reporting shall be made upon the discovery of an actual release that results in an emergency response. (ii) For purposes of this subparagraph, “emergency response” means the activation of any public emergency response personnel, as defined in Section 25501, who are responsible for response, mitigation, or recovery activities in a hazardous material incident where public health, public safety, or the environment may be affected. (2) Except as provided in subdivision (b), the handler, or an employee, authorized representative, agent, or designee of those entities, shall provide state, city, or county fire or public health or safety personnel and emergency response personnel with access to the handler’s facility if there is a release or threatened release of a hazardous material, hazardous waste, or hazardous substance. (b) Subdivision (a) does not apply to a person engaged in the transportation of a hazardous material on a highway that is subject to Sections 2453 and 23112.5 of the Vehicle Code. (c) On or before January 1, 2022, the Office of Emergency Services shall adopt regulations to implement this section. In developing these regulations, the Office of Emergency Services shall closely consult with representatives from regulated entities, appropriate trade associations, fire service organizations, federal, state, and local organizations, including UPAs, and other interested parties. The Office of Emergency Services shall define what releases and threatened releases are required to be reported pursuant to this section and consider the existing federal reporting requirements in determining a definition of reporting releases. (d) A UPA shall maintain one or more nonemergency contact numbers for release reports that do not require immediate agency response. The UPA shall promptly communicate changes to this information to regulated facilities, to the secretary, and to the Office of Emergency Services. (e) (1) Notwithstanding any other law, and except as provided in paragraph (2), if a release, spill, escape, or entry, as described in paragraph (2) of subdivision (b) of Section 101075, of a hazardous material, hazardous waste, as defined in Section 101075, or hazardous substance, as defined in subdivision (a) of Section 78075, occurs and a UPA, in consultation with the local health officer, reasonably determines that the release, spill, escape, or entry poses an imminent and substantial endangerment to public health due to factors, including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the air or environment, the UPA may take either or both of the following actions to protect the health and safety of the public: (A) Issue an order to the responsible party to immediately suspend or discontinue the activity causing or contributing to the release, spill, escape, or entry of the hazardous material, hazardous waste, or hazardous substance. The order shall remain in effect until the UPA determines that the imminent and substantial endangerment to public health has been abated or the order is overturned pursuant to the appeal procedures described in subdivision (g). (B) Coordinate with other appropriate regulatory agencies that may take any other action necessary to protect the public health, including, but not limited to, environmental investigations and temporary relief to, or relocation of, affected individuals. (2) (A) The UPA shall not issue an order pursuant to paragraph (1) if the release, spill, escape, or entry of the hazardous material, hazardous waste, or hazardous substance falls below a reporting threshold established by the Office of Emergency Services in any regulation. (B) If the Office of Emergency Services has not established a reporting threshold in any regulation, the UPA shall be guided by Section 5192, and the appendices to that section, of Title 8 of the California Code of Regulations. (f) An order issued by the UPA pursuant to subparagraph (A) of paragraph (1) of subdivision (e) shall be supported by written findings, including evidence of local health officer consultation, and be consistent with criteria developed by UPAs to determine whether an imminent and substantial endangerment to public health has occurred. (g) (1) Any order issued by a UPA pursuant to subparagraph (A) of paragraph (1) of subdivision (e) shall be served by personal service or certified mail and shall inform the person served of the right to a hearing. The order shall state whether the hearing procedure specified in subparagraph (B) of paragraph (3) may be requested by the person receiving the order. (2) A person served with an order issued by a UPA pursuant to subparagraph (A) of paragraph (1) of subdivision (e) who has been unable to resolve any violation with the UPA, may, within 15 days after service of the order, request a hearing pursuant to this subdivision by filing with the UPA a notice of defense. The notice shall be filed with the UPA office that issued the order. A notice of defense shall be deemed filed within the 15-day period provided by this paragraph if it is postmarked within that 15-day period. If no notice of defense is filed within the time limits provided by this paragraph, the order shall become final. (3) Except as provided in clause (ii) of subparagraph (B), a person requesting a hearing on an order issued pursuant to subparagraph (A) of paragraph (1) of subdivision (e) may select the hearing officer specified in either subparagraph (A) or (B) in the notice of defense filed with the UPA pursuant to this subdivision. If a notice of defense is filed, but no hearing officer is selected, the UPA may select the hearing officer. Within 90 days of receipt of the notice of defense by the UPA, the hearing shall be scheduled using one of the following: (A) An administrative law judge of the Office of Administrative Hearings of the Department of General Services, who shall conduct the hearing in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, and the UPA shall have all the authority granted to an agency by those provisions. (B) (i) A hearing officer designated by the UPA, who shall conduct the hearing in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, and the UPA shall have all the authority granted to an agency by those provisions. When a hearing is conducted by a UPA hearing officer pursuant to this clause, the UPA shall issue a decision within 60 days after the hearing is conducted. Each hearing officer designated by a UPA shall meet the requirements of Section 11425.30 of the Government Code and any other applicable restriction. (ii) A UPA, or a person requesting a hearing on an order issued by a UPA, may select the hearing process specified in this subparagraph in a notice of defense filed pursuant to this subdivision only if the UPA has, as of the date the order is issued pursuant to subparagraph (A) of paragraph (1) of subdivision (e), selected a designated hearing officer and established a program for conducting a hearing in accordance with this subparagraph. (4) The hearing decision issued pursuant to subparagraph (B) of paragraph (3) shall be effective and final upon issuance by the UPA. A copy of the decision shall be served by personal service or by certified mail upon the party served with the order, or their representative, if any. (5) The order issued pursuant to subparagraph (A) of paragraph (1) of subdivision (e), or a provision of the order, shall take effect upon issuance by the UPA if the UPA finds that the violation or violations of law associated with the order, or a provision of the order, may pose an imminent and substantial endangerment to the public health or safety or the environment. A request for a hearing shall not stay the effect of the order or that provision of the order pending a hearing decision. However, if the UPA determines that any or all provisions of the order are so related that the public health or safety or the environment can be protected only by immediate compliance with the order as a whole, the order as a whole shall take effect upon issuance by the UPA. A request for a hearing shall not stay the effect of the order as a whole pending a hearing decision. (6) A decision issued pursuant to subparagraph (B) of paragraph (3) may be reviewed by a court pursuant to Section 11523 of the Government Code. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the UPA if the decision is based upon substantial evidence in the record as a whole. The filing of a petition for writ of mandate shall not stay any action required pursuant to this section. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction. (Amended by Stats. 2022, Ch. 258, Sec. 99. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  82. 25510.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    A business that must file a followup emergency notice must submit it on a form approved by the Office of Emergency Services.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25510.1. (a) A business required to submit a followup emergency notice pursuant to Section 11004(c) of Title 42 of the United States Code shall submit the notice on a form approved by the Office of Emergency Services. (b) The Office of Emergency Services may adopt guidelines for the use of the forms required by subdivision (a). (Amended by Stats. 2021, Ch. 115, Sec. 32. (AB 148) Effective July 22, 2021.)
  83. 25510.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    A unified program agency may train for and respond to hazardous material releases or threatened releases.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25510.2. In order to carry out the purposes of this chapter, a unified program agency may train for, and respond to, the release, or threatened release, of a hazardous material. (Added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  84. 25510.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Emergency response personnel must immediately advise the superintendent of the local school district when a qualifying hazardous-material release, threatened release, fire, or explosion is within one-half mile of a school.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 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, if the location of the release or threatened release is within one-half mile of a school. (Amended by Stats. 2014, Ch. 715, Sec. 17. (SB 1261) Effective January 1, 2015.)
  85. 25511.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    The unified program agency must inspect covered businesses at least every three years and may use a county agricultural commissioner under a written agreement for certain agricultural handler inspections.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 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, 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. (Amended by Stats. 2014, Ch. 715, Sec. 18. (SB 1261) Effective January 1, 2015.)
  86. 25512.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Businesses must give trade-secret inventory information to the unified program agency and tell the agency in writing if they believe it is a trade secret. The agency must protect designated trade-secret information, notify the business of public requests, and generally release the information after 30 days unless the business goes to court first.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25512. (a) As used in this section, “trade secret” means a trade secret as defined in either subdivision (f) of Section 7924.510 of the Government Code or Section 1061 of the Evidence Code. (b) (1) If a business believes that the inventory required by this article involves the release of a trade secret, the business shall nevertheless provide this information to the unified program agency, and shall notify the unified program agency in writing of that belief on the inventory form. (2) Subject to subdivisions (d) and (e), the unified program agency shall protect from disclosure any information designated as a trade secret by the business pursuant to paragraph (1). (c) (1) Upon the receipt of a request for the release of information to the public that includes information that the business has notified the unified program agency is a trade secret pursuant to paragraph (1) of subdivision (b), the unified program agency shall notify the business in writing of the request by certified mail, return receipt requested. (2) The unified program agency shall release the requested information to the public 30 days or more after the date of mailing to the business the notice of the request for information, unless, prior to the expiration of the 30-day period, the business files an action in an appropriate court for a declaratory judgment that the information is subject to protection under subdivision (b) or for an injunction prohibiting disclosure of the information to the public, and promptly notifies the unified program agency of that action. (3) This subdivision does not permit a business to refuse to disclose the information required pursuant to this section to the unified program agency. (d) Except as provided in subdivision (c), any information that has been designated as a trade secret by a business is confidential information for purposes of this section and shall not be disclosed to anyone except the following: (1) An officer or employee of the county, city, state, or the United States, in connection with the official duties of that officer or employee under any law for the protection of health, or contractors with the county, city, or state and their employees if, in the opinion of the unified program agency, disclosure is necessary and required for the satisfactory performance of a contract, for performance of work, or to protect the health and safety of the employees of the contractor. (2) A physician if the physician certifies in writing to the unified program agency that the information is necessary to the medical treatment of the physician’s patient. (e) A physician who, by virtue of having obtained possession of, or access to, confidential information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to a person not entitled to receive it, is guilty of a misdemeanor. (f) An officer or employee of the county or city, or former officer or employee who, by virtue of that employment or official position, has possession of, or has access to, confidential information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to a person not entitled to receive it, is guilty of a misdemeanor. A contractor with the county or city and an employee of the contractor, who has been furnished information as authorized by this section, shall be considered an employee of the county or city for purposes of this section. (Amended by Stats. 2021, Ch. 615, Sec. 254. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  87. 25512.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Information certified by U.S. officials as needed to stay secret for national defense must be given full protection against disclosure.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25512.1. Notwithstanding Section 25512, information certified by appropriate officials of the United States as necessary to be kept secret for national defense purposes shall be accorded the full protections against disclosure as specified by those officials or in accordance with the laws of the United States. (Added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  88. 25513.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Counties and cities may adopt fee schedules for businesses that must submit business plans, and they may waive fees in some cases. A unified program agency may not charge a fee to a business meeting the specified paint product recovery program exemption.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25513. (a) Each administering county or city may, upon a majority vote of the governing body, adopt a schedule of fees to be collected from each business required to submit a business plan pursuant to this article that is within its jurisdiction. The governing body may provide for the waiver of fees when a business, as defined in paragraph (3), (4), or (5) of subdivision (c) of Section 25501, submits a business plan. The fee shall be set in an amount sufficient to pay only those costs incurred by the unified program agency in carrying out this article. In determining the fee schedule, the unified program agency shall consider the volume and degree of hazard potential of the hazardous materials handled by the businesses subject to this article. (b) A unified program agency shall not impose a fee upon a business that is implementing a paint product recovery program approved by the Department of Resources Recycling and Recovery pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code and that is exempt from the business plan requirements pursuant to subparagraph (B) of paragraph (4) of subdivision (a) of Section 25507, for the cost of processing that exemption. (Amended by Stats. 2024, Ch. 989, Sec. 5. (SB 1143) Effective January 1, 2025.)
  89. 25514.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    A public entity cannot be held liable for injury or damages caused by an inadequate or negligent review of a business plan under Section 25508.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25514. Notwithstanding any other law, a public entity shall not be held liable for any injury or damages resulting from an inadequate or negligent review of a business plan conducted pursuant to Section 25508. (Repealed and added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  90. 25514.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Submitting information under this article does not limit a business’s other liability or duty of care.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25514.1. (a) The submission of any information required under this article does not affect any other liability or responsibility of a business with regard to safeguarding the health and safety of an employee or any other person. (b) Compliance with this article shall not be deemed to be compliance with the duty of care required of any business for purposes of any judicial or administrative proceeding conducted pursuant to any other provision of law. (Added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  91. 25515.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Businesses that violate specified hazardous materials response sections can be fined by the unified program agency, with higher daily liability for knowing violations after notice and added costs if an emergency results.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25515. (a) A business that violates Sections 25504 to 25508.2, inclusive, or Section 25511, shall be civilly liable to the unified program agency in an amount of not more than two thousand dollars ($2,000) for each day in which the violation occurs. If the violation results in, or significantly contributes to, an emergency, including a fire, the business shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the hazardous materials. (b) A business that knowingly violates Sections 25504 to 25508.2, inclusive, or Section 25510.1, after reasonable notice of the violation shall be civilly liable to the unified program agency in an amount not to exceed five thousand dollars ($5,000) for each day in which the violation occurs. (Repealed and added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  92. 25515.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    A person who knowingly violates certain hazardous materials sections after reasonable notice commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25515.1. A person that knowingly violates Sections 25504 to 25508.2, inclusive, or Section 25510.1, after reasonable notice of the violation, is, upon conviction, guilty of a misdemeanor. This section does not preempt any other applicable criminal or civil penalties. (Repealed and added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  93. 25515.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Businesses that violate this article can face daily administrative penalties, with higher penalties for knowing violations after reasonable notice, and may also have to cover emergency response and cleanup costs if the violation causes or contributes to an emergency.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25515.2. (a) Notwithstanding Section 25515, a business that violates this article is liable to a unified program agency for an administrative penalty not greater than two thousand dollars ($2,000) for each day in which the violation occurs. If the violation results in, or significantly contributes to, an emergency, including a fire or health or medical problem requiring toxicological, health, or medical consultation, the business shall also be assessed the full cost of the county, city, fire district, local EMS agency designated pursuant to Section 1797.200, or poison control center as defined by Section 1797.97, emergency response, as well as the cost of cleaning up and disposing of the hazardous materials. (b) Notwithstanding Section 25515, a business that knowingly violates this article after reasonable notice of the violation is liable for an administrative penalty, not greater than five thousand dollars ($5,000) for each day in which the violation occurs. (c) When a unified program agency issues an enforcement order or assesses an administrative penalty, or both, for a violation of this article, the unified program agency shall utilize the administrative enforcement procedures, including the hearing procedures, specified in Sections 25404.1.1 and 25404.1.2. (Repealed and added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  94. 25515.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Violating Section 25510 can trigger criminal fines, jail time, and, in some cases, reimbursement of emergency and cleanup costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25515.3. (a) A person or business that violates Section 25510 shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment. If the conviction is for a violation committed after a first conviction under this section, the person shall be punished by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months or in a county jail for not more than one year, or by both the fine and imprisonment. Furthermore, if the violation results in, or significantly contributes to, an emergency, including a fire, to which the county or city is required to respond, the person shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the hazardous materials. (b) Notwithstanding subdivision (a), a person who knowingly fails to report, pursuant to Section 25510, an oil spill occurring in waters of the state, other than marine waters, shall, upon conviction, be punished by a fine of not more than fifty thousand dollars ($50,000), by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (c) Notwithstanding subdivision (a), a person who knowingly makes a false or misleading report on an oil spill occurring in waters of the state, other than marine waters, shall, upon conviction, be punished by a fine of not more than fifty thousand dollars ($50,000), by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (d) This section does not preclude prosecution or sentencing under other provisions of law. (Added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  95. 25515.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    A person may not willfully interfere with or try to stop enforcement of this article by an authorized representative of a unified program agency.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25515.4. A person who willfully prevents, interferes with, or attempts to impede the enforcement of this article by any authorized representative of a unified program agency is, upon conviction, guilty of a misdemeanor. (Added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  96. 25515.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    Criminal and civil penalties collected under this provision are split: half goes to the prosecuting office and half to the investigating agency. If a reward is paid under Section 25516, that reward is deducted first.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 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 the Attorney General, whichever office brought the action. (2) Fifty percent shall be paid to the agency that 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, county counsel, district attorney, or the 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). (Amended by Stats. 2023, Ch. 154, Sec. 10. (SB 642) Effective January 1, 2024.)
  97. 25515.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

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    When the unified program agency identifies a likely violation, the city attorney, county counsel, or district attorney must go to superior court for injunctive or compliance relief if requested. A county counsel or district attorney who files such an action must also give notice within seven days. The local prosecutor may also seek the same relief on its own motion.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25515.6. (a) (1) If the unified program agency determines that a business has engaged in, is engaged in, or is about to engage in acts or practices that constitute or will constitute a violation of this article or a regulation or order adopted or issued pursuant to this article, and when requested by the unified program agency, the city attorney of the city or the county counsel or the district attorney of the county in which those acts or practices have occurred, are occurring, or will occur shall apply to the superior court for an order enjoining the acts or practices for an order directing compliance, and, upon a showing that the person or business has engaged in, is engaged in, or is about to engage in the acts or practices, a permanent or temporary injunction, restraining order, or other appropriate order may be granted. (2) If a county counsel or the district attorney brings an action pursuant to paragraph (1), the county counsel or the district attorney shall, within seven days of the filing of the action, notify the district attorney or county counsel, as applicable, of the county in which the acts or practices have occurred, are occurring, or will occur. (b) This section does not prohibit a city attorney, county counsel, or district attorney from seeking the same relief upon the city attorney’s, county counsel’s, or district attorney’s own motion. (Amended by Stats. 2023, Ch. 154, Sec. 11. (SB 642) Effective January 1, 2024.)
  98. 25515.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    Civil actions under this provision or Article 2 must be brought by specified public prosecutors or attorneys for the people of California.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25515.7. Every civil action brought under this article or Article 2 (commencing with Section 25531) shall be brought by the city attorney, county counsel, district attorney, or the Attorney General in the name of the people of the State of California, and any actions relating to the same violation may be joined or consolidated. (Amended by Stats. 2023, Ch. 154, Sec. 12. (SB 642) Effective January 1, 2024.)
  99. 25515.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    In certain civil actions under this article or Article 2, the court must issue requested restraining orders or injunctions without requiring proof of irreparable harm or an inadequate legal remedy.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25515.8. (a) In a civil action brought pursuant to this article or Article 2 (commencing with Section 25531) in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding any of the following: (1) Irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued. (2) The remedy at law is inadequate. (b) The court shall issue a temporary restraining order, preliminary injunction, or permanent injunction in a civil action brought pursuant to this article or Article 2 (commencing with Section 25531) without the allegations and without the proof specified in subdivision (a). (Added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  100. 25516.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    This section pays rewards to informants who provide information that leads to civil penalties or convictions, and it sets rules, deadlines, limits, and confidentiality protections for those rewards.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25516. (a) A person who provides information that materially contributes to the imposition of a civil penalty, whether by settlement or court order, under Section 25515 or 25515.2, as determined by the city attorney, county counsel, district attorney, or the Attorney General filing the action, shall be paid a reward by the unified program agency or the state equal to 10 percent of the amount of the civil penalty collected. The reward shall be paid from the amount of the civil penalty collected. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000). (b) A person who provides information that materially contributes to the conviction of a person or business under Section 25515.1 or 25515.3, as determined by the city attorney, county counsel, district attorney, or the Attorney General filing the action, shall be paid a reward by the unified program agency or the state equal to 10 percent of the amount of the fine collected. The reward shall be paid from the amount of the fine collected. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000). (c) An informant shall not be eligible for a reward for a violation known to the unified program agency, unless the information materially contributes to the imposition of criminal or civil penalties for a violation specified in this section. (d) If there is more than one informant for a single violation, the person making the first notification received by the city attorney, district attorney, or the Attorney General that brought the action shall be eligible for the reward, except that, if the notifications are postmarked on the same day or telephoned notifications are received on the same day, the reward shall be divided equally among those informants. (e) Public officers and employees of the United States, the State of California, or counties and cities in this state are not eligible for the reward pursuant to subdivision (a) or (b), unless the providing of the information does not relate in any manner to their responsibilities as public officers or employees. (f) An informant who is an employee of a business and who provides information that the business has violated this chapter is not eligible for a reward if the employee intentionally or negligently caused the violation or if the employee’s primary and regular responsibilities included investigating the violation, unless the business knowingly caused the violation. (g) The unified program agency or the state shall pay rewards under this section pursuant to the following procedures: (1) An application shall be signed by the informant and presented to the unified program agency or the state within 60 days after a final judgment has been entered or the period for an appeal of a judgment has expired. (2) The determination by the district attorney, city attorney, county counsel, or the Attorney General as to whether the information provided by the applicant materially contributed to the imposition of a judgment under Section 25515.1 or 25515.3 shall be final. (3) The unified program agency or the state shall notify the applicant in writing of its decision to grant or deny a reward within a reasonable time period following the filing of an application. (4) Approved reward claims shall be paid by the unified program agency or the state within 30 days of the collection and deposit of the penalties specified in subdivisions (a) and (b). (h) The names of reward applicants or informants shall not be disclosed by the unified program agency or the state unless the names are otherwise publicly disclosed as part of a judicial proceeding. (i) Notwithstanding any other provision of this section, rewards paid by the state shall only be paid after appropriation by the Legislature. (Amended by Stats. 2023, Ch. 154, Sec. 13. (SB 642) Effective January 1, 2024.)
  101. 25517.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    The secretary may develop materials, including guidelines and informational pamphlets, to help businesses meet their obligations under this article.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25517. The secretary may develop materials, including guidelines and informational pamphlets, to assist businesses to fulfill their obligations under this article. (Amended by Stats. 2021, Ch. 115, Sec. 34. (AB 148) Effective July 22, 2021.)
  102. 25518.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    This article must be interpreted broadly to carry out the Legislature’s intent to protect public health, safety, and the environment.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25518. This article shall be construed liberally so as to accomplish the intent of the Legislature in protecting the public health, safety, and the environment. (Repealed and added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  103. 25519.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )

    Verify source ↗

    If part of this article is invalid, the rest still applies if it can work without the invalid part.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 1. Business and Area Plans [25500 - 25519] ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. ) ## 25519. If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to that end the provisions of this article are severable. (Repealed and added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)
  104. 25531.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

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    This section explains that hazardous materials facilities can threaten public health and safety, and says the state should implement the federal accidental-release prevention program, with certain state-specific amendments.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25531. (a) The Legislature finds and declares that a significant number of chemical manufacturing and processing facilities generate, store, treat, handle, refine, process, and transport hazardous materials. The Legislature further finds and declares that, because of the nature and volume of chemicals handled at these facilities, some of those operations may represent a threat to public health and safety if chemicals are accidentally released. (b) The Legislature recognizes that the potential for explosions, fires, or releases of toxic chemicals into the environment exists. The protection of the public from uncontrolled releases or explosions of hazardous materials is of statewide concern. (c) There is an increasing capacity to both minimize and respond to releases of toxic air contaminants and hazardous materials once they occur, and to formulate efficient plans to evacuate citizens if these discharges or releases cannot be contained. However, programs designed to prevent these accidents are the most effective way to protect the community health and safety and the environment. These programs should anticipate the circumstances that could result in their occurrence and require the taking of necessary precautionary and preemptive actions, consistent with the nature of the hazardous materials handled by the facility and the surrounding environment. (d) As required by Clean Air Act amendments enacted in 1990 (P.L. 101-549), the Environmental Protection Agency has developed a program for the prevention of accidental releases of regulated substances. In developing the program, the Environmental Protection Agency thoroughly reviewed a wide variety of chemical and hazardous substances to identify substances that might pose a risk to public health or safety or to the environment in the event of an accidental release. The Environmental Protection Agency developed a program to prevent accidental releases of those substances determined to potentially pose the greatest risk of immediate harm to the public and the environment. The federal program provides no options for implementing agencies to diminish the requirements or applicability of the federal program. (e) In light of this new federal program, the Legislature finds and declares that the goals of reducing regulated substances accident risks and eliminating duplication of regulatory programs can best be accomplished by implementing the federal risk management program in the state, with certain amendments that are specific to the state. Therefore, it is the intent of the Legislature that the state seek and receive delegation of the federal program for prevention of accidental releases of regulated substances established pursuant to Section 112(r) of the federal Clean Air Act (42 U.S.C. Section 7412(r)), by implementing the federal program as promulgated by the Environmental Protection Agency, with certain amendments that are specific to the state. (Amended by Stats. 1996, Ch. 715, Sec. 2. Effective January 1, 1997.)
  105. 25531.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

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    The public has rights to know about certain hazardous materials accident risks and to participate in decisions about risk reduction.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25531.1. The Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and safety, and that this right includes full and timely access to hazard assessment information, including offsite consequence analysis for the most likely hazards, which identifies the offsite area which may be required to take protective action in the event of an acutely hazardous materials release. The Legislature further finds and declares that the public has a right to participate in decisions about risk reduction options and measures to be taken to reduce the risk or severity of acutely hazardous materials accidents. (Added by Stats. 1991, Ch. 816, Sec. 1.)
  106. 25531.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

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    Owners and operators of certain stationary hazardous-materials sources have a general duty to identify hazards, maintain safe facilities, and reduce the consequences of accidental releases. The agency must use federal assistance to offset fees or charges tied to implementing the article.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25531.2. (a) The Legislature finds and declares that as the state implements the federal accidental release prevention program pursuant to this article, the agency will play a vital and increased role in preventing accidental releases of extremely hazardous substances. The Legislature further finds and declares that as an element of the unified program established pursuant to Chapter 6.11 (commencing with Section 25404), a single fee system surcharge mechanism is established by Section 25404.5 to cover the costs incurred by the agency pursuant to this article. It is the intent of the Legislature that this existing authority, together with any federal assistance that may become available to implement the accidental release program, be used to fully fund the activities of the agency necessary to implement this article. (b) The Legislature further finds and declares that the owners and operators of stationary sources producing, processing, handling, or storing hazardous materials have a general duty, in the same manner and to the same extent as is required by Section 654 of Title 29 of the United States Code, to identify hazards that may result from releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking those steps as are necessary to prevent releases, and to minimize the consequences of accidental releases that do occur. (c) The agency shall use any federal assistance received to implement Chapter 6.11 (commencing with Section 25404) to offset any fees or charges levied to cover the costs incurred by the agency pursuant to this article. (Amended by Stats. 2021, Ch. 115, Sec. 35. (AB 148) Effective July 22, 2021.)
  107. 25532.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    This section defines key terms used in this article, including hazardous-materials terms, and gives the agency power and duty to identify and list certain regulated substances.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25532. Unless the context indicates otherwise, the following definitions govern the construction of this article: (a) “Accidental release” means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source. (b) “Agency” means the California Environmental Protection Agency. (c) “Covered process” means a process that has a regulated substance present in more than a threshold quantity. (d) “Local implementing agency” means the entity that has been designated by a local governing body to develop, implement, and maintain an integrated alerting and notification system, which may include a local law enforcement or fire agency, joint powers agency, authority, or entity, or other local agency. (e) “Modified stationary source” means an addition or change to a stationary source that qualifies as a “major change,” as defined in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations. “Modified stationary source” does not include an increase in production up to the source’s existing operational capacity or an increase in production level, up to the production levels authorized in a permit granted pursuant to Section 42300. (f) “Person” means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation, including, but not limited to, a government corporation. “Person” also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. (g) “Process” means any activity involving a regulated substance, including any use, storage, manufacturing, handling, or onsite movement of the regulated substance or any combination of these activities. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located so that a regulated substance could be involved in a potential release, shall be considered a single process. (h) “Qualified person” means a person who is qualified to attest, at a minimum, to the completeness of an RMP. (i) “Regulated substance” means any substance that is either of the following: (1) A regulated substance listed in Section 68.130 of Title 40 of the Code of Federal Regulations pursuant to paragraph (3) of subsection (r) of Section 112 of the federal Clean Air Act (42 U.S.C. Sec. 7412(r)(3)). (2) (A) An extremely hazardous substance listed in Appendix A of Part 355 (commencing with Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations that is any of the following: (i) A gas at standard temperature and pressure. (ii) A liquid with a vapor pressure at standard temperature and pressure equal to or greater than 10 millimeters mercury. (iii) A solid that is one of the following: (I) In solution or in molten form. (II) In powder form with a particle size less than 100 microns. (III) Reactive with a National Fire Protection Association rating of 2, 3, or 4. (iv) A substance that the office determines may pose a regulated substances accident risk pursuant to subclause (II) of clause (i) of subparagraph (B) or pursuant to Section 25543.3. (B) (i) The agency shall, in consultation with the Office of Environmental Health Hazard Assessment, determine which of the extremely hazardous substances listed in Appendix A of Part 355 (commencing with Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations do either of the following: (I) Meet one or more of the criteria specified in clause (i), (ii), or (iii) of subparagraph (A). (II) May pose a regulated substances accident risk, in consideration of the factors specified in subdivision (g) of Section 25543.1, and, therefore, should remain on the list of regulated substances until completion of the review conducted pursuant to subdivision (a) of Section 25543.3. (ii) The agency shall adopt, by regulation, a list of the extremely hazardous substances identified pursuant to clause (i). Extremely hazardous substances placed on the list are regulated substances for the purposes of this article. (j) “Regulated substances accident risk” means a potential for the accidental release of a regulated substance into the environment that could produce a significant likelihood that persons exposed may suffer acute health effects resulting in significant injury or death. (k) “RMP” means the risk management plan required under Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations and by this article. (l) “Special needs population” means individuals who may have additional response assistance needs before, during, and after an incident in functional areas, including, but not limited to, maintaining independence, communication, transportation, supervision, or medical care. Individuals in need of additional response assistance may include those who have disabilities, live in institutionalized settings, are elderly, are children, are from diverse cultures, have limited English proficiency or are non-English speaking, or are transportation disadvantaged. (m) “State threshold quantity” means the quantity of a regulated substance described in subparagraph (A) of paragraph (2) of subdivision (i), as adopted by the agency pursuant to Section 25543.1 or 25543.3. Until the agency adopts a state threshold quantity for a regulated substance, the state threshold quantity shall be the threshold planning quantity for the regulated substance specified in Appendix A of Part 355 (commencing with Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations. (n) “Stationary source” means any stationary source, as defined in Section 68.3 of Title 40 of the Code of Federal Regulations. (o) “Threshold quantity” means the quantity of a regulated substance that is determined to be present at a stationary source in the manner specified in Section 68.115 of Title 40 of the Code of Federal Regulations and that is the lesser of either of the following: (1) The threshold quantity for the regulated substance specified in Section 68.130 of Title 40 of the Code of Federal Regulations. (2) The state threshold quantity. (p) “Transient population” means individuals in a location in which they do not normally reside, including, but not limited to, train stations, office buildings, shopping malls, and colleges, and individuals who are homeless. (q) “Unified program agency” has the same meaning specified in Section 25501. (Amended by Stats. 2021, Ch. 115, Sec. 36. (AB 148) Effective July 22, 2021.)
  108. 25533.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    This section sets the state accidental release prevention program, assigns implementation and enforcement roles to the agency and unified program agency, and lets the agency step in if a local agency is not enforcing the rules reasonably.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25533. (a) The program for prevention of accidental releases of regulated substances adopted by the United States Environmental Protection Agency pursuant to subsection (r) of Section 112 of the federal Clean Air Act (42 U.S.C. Sec. 7412(r)), with the additional provisions specified in this article, is the accidental release prevention program for the state. The program shall be implemented by the agency and the unified program agency. The state’s implementation of the federal program adopted by the United States Environmental Protection Agency is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Notwithstanding this article or Division 26 (commencing with Section 39000), the accidental release prevention program submitted by the agency to the United States Environmental Protection Agency to receive delegation of federal authority to implement the federal program shall include only those regulated substances and threshold quantities specified in the regulations adopted by the United States Environmental Protection Agency. (b) The agency and the unified program agency shall, to the maximum extent feasible, coordinate implementation of the accidental release prevention program with the United States Chemical Safety and Hazard Investigation Board, the state emergency response commission and local emergency planning committees, the unified program elements specified in subdivision (c) of Section 25404, the permitting programs implemented by the air quality management districts and air pollution control districts pursuant to Subchapter V of the federal Clean Air Act (42 U.S.C. Sec. 7661 et seq.), and with other agencies, as specified in Section 25404.2. (c) Section 39602 does not apply to the accidental release prevention program promulgated and implemented pursuant to subsection (r) of Section 112 of the federal Clean Air Act (42 U.S.C. Sec. 7412(r)). (d) The unified program agency in each jurisdiction is the agency designated to implement and enforce any requirements specified by the United States Environmental Protection Agency and pertaining to any of the following: (1) Verification of stationary source registration and submission of an RMP or revised RMP. (2) Verification of source submission of stationary certifications or compliance schedules. (3) Mechanisms for ensuring that stationary sources permitted pursuant to Subchapter V of the federal Clean Air Act (42 U.S.C. Sec. 7661 et seq.) are in compliance with the requirements of this article. (e) Notwithstanding subdivision (d) and paragraph (2) of subdivision (a) of Section 25404.1, if, after a public hearing, the agency determines that a unified program agency is not taking reasonable actions to enforce the statutory provisions and regulations pertaining to accidental releases of regulated substances, the agency may exercise any of the powers of that unified program agency as necessary to implement this article. (Amended by Stats. 2021, Ch. 115, Sec. 37. (AB 148) Effective July 22, 2021.)
  109. 25534.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    The unified program agency may assess risk at a stationary source, reclassify covered processes, exempt sources, revoke exemptions, and require compliance within 12 months after notice or revocation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25534. (a) For any stationary source with one or more covered processes, the unified program agency may make a determination as to whether there is a significant likelihood that the use of regulated substances by a stationary source may pose a regulated substances accident risk. (b) (1) (A) If the unified program agency determines that there is a significant likelihood of a regulated substances accident risk pursuant to this subdivision, it may reclassify the covered process from program 2 to program 3, as specified in Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations. (B) If the unified program agency reclassifies a covered process to a higher program level, the stationary source shall comply with all of the requirements applicable to the higher program level within 12 months of being notified by the unified program agency of the reclassification. (2) If the unified program agency determines that there is not a significant likelihood of a regulated substances accident risk pursuant to this subdivision, it may do either of the following: (A) (i) Exempt the stationary source from this article. (ii) The unified program agency may revoke the exemption provided pursuant to this subparagraph at any time if the unified program agency determines there is a likelihood of a regulated substances accident risk. (iii) If the unified program agency revokes the exemption provided pursuant to this subparagraph, the stationary source shall comply with all applicable requirements of this article and Chapter 4.5 (commencing with Section 2735.1) of Division 2 of Title 19 of the California Code of Regulations within 12 months. (B) Reclassify a covered process from program 3 to program 2 or from program 2 to program 1, as specified in Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations, unless the classification of the covered process is specified in those regulations. (3) If the unified program agency determines that a pesticide, as defined in Section 12753 of the Food and Agricultural Code, used on a farm or nursery may pose a regulated substances accident risk pursuant to this article, the unified program agency shall first consult with the Department of Food and Agriculture or the county agricultural commissioner to evaluate the reasonable likelihood that the use of the pesticide by a farm or nursery may pose a regulated substances accident risk. This paragraph does not limit the authority of a unified program agency to conduct its duties under this article, or prohibit the exercise of that authority. (c) The requirements of this section apply to a stationary source that is not otherwise required to submit an RMP pursuant to Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations. (Amended by Stats. 2023, Ch. 207, Sec. 13. (AB 1716) Effective January 1, 2024.)
  110. 25534.05.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    The agency must adopt regulations covering hazardous materials release response plan registration, RMP review, dispute resolution, public access, and technical assistance, and those regulations must require stationary sources and unified program agencies to coordinate on review and implementation tasks.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25534.05. (a) The agency, in consultation with the unified program agencies, industry, the public, and other interested parties, shall adopt regulations for all of the following activities: (1) The registration of stationary sources subject to this article. (2) The receipt, review, revision, and audit of RMPs. (3) The resolution of disagreements between stationary source operators and unified program agencies. (4) Providing for the public availability of RMPs, consistent with subsection (c) of Section 114 of the federal Clean Air Act (42 U.S.C. Sec. 7414(c)). (5) The provision of technical assistance to stationary sources subject to the accidental release prevention program. (b) The regulations shall also require each stationary source to work closely with the unified program agency in deciding which process hazard review technique is best suited for each stationary source’s covered processes. (c) The regulations shall provide that the process hazard analysis shall include the consideration of external events, including seismic events, if applicable. (d) The regulations shall also require each stationary source to work closely with the unified program agency in determining for each RMP an appropriate level of detail for the document elements specified in Section 68.150(a) of Title 40 of the Code of Federal Regulations and for documentation of the external events analysis. (e) A unified program agency shall implement the regulations adopted pursuant to this section. (Amended by Stats. 2021, Ch. 115, Sec. 39. (AB 148) Effective July 22, 2021.)
  111. 25534.06.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    Cities and counties that change certain hazardous-substances ordinances must do so at a public meeting with newspaper notice and must state their reasons in the ordinance.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25534.06. (a) A city or county that adopts, amends, or repeals an ordinance related to the regulation of regulated substances pursuant to this article shall do so at a public meeting for which notice has been given in a newspaper of general circulation that is published and circulated in the affected city or county, and the city or county shall state in the ordinance the reasons for adopting, amending, or repealing the ordinance. (b) A city or county required to provide notice pursuant to subdivision (a) may, in addition to publishing the notice in a newspaper of general circulation, submit the notice to the agency, which shall post that notice on the internet at a location established for notices that may be posted pursuant to this subdivision. (c) A city or county required to provide notice pursuant to subdivision (a) may also submit the full text of the ordinance and a summary of any violations of the ordinance to the agency, which shall post the full text of the ordinance and the summary of any violations of the ordinance, or a link to the full text of the ordinance and the summary of any violations of the ordinance, on the agency’s internet website. (Amended by Stats. 2021, Ch. 115, Sec. 40. (AB 148) Effective July 22, 2021.)
  112. 25534.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    RMPs prepared under this article must consider how close the facility or proposed facility is to nearby schools, residential areas, hospitals, long-term care facilities, and child day care facilities.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25534.1. Each RMP required to be prepared pursuant to this article shall give consideration to the proximity of the facility or proposed facility to populations located in schools, residential areas, general acute care hospitals, long-term health care facilities, and child day care facilities. For purposes of this section, “general acute care hospital” has the meaning provided by subdivision (a) of Section 1250, “long-term health care facility” has the meaning provided by subdivision (a) of Section 1418, and “child day care facility” has the meaning provided by Section 1596.750. “School” means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive. (Amended by Stats. 1996, Ch. 715, Sec. 10. Effective January 1, 1997.)
  113. 25534.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    New or modified stationary sources that must prepare an RMP under this article are subject to Government Code Section 65850.2 requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25534.2. Any new or modified stationary source which is required to prepare an RMP pursuant to this article shall be subject to the requirements of Section 65850.2 of the Government Code. (Repealed and added by Stats. 1996, Ch. 715, Sec. 12. Effective January 1, 1997.)
  114. 25534.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    A unified program agency may inspect a stationary source and review necessary information, and the stationary source must provide compliance information on request.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25534.5. The unified program agency with jurisdiction over a stationary source or facility may have access to inspect the stationary source and review all technical and other information in the stationary source’s possession that is reasonably necessary to allow the unified program agency to make a determination regarding the stationary source’s compliance with this article. Upon request of the unified program agency, the stationary source shall provide to the unified program agency information regarding the stationary source’s compliance with this article. (Amended by Stats. 2021, Ch. 115, Sec. 41. (AB 148) Effective July 22, 2021.)
  115. 25535.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    Owners or operators of a stationary source must submit an RMP to the unified program agency after it is certified complete, and the source must later implement and keep carrying out the RMP steps.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25535. (a) An owner or operator of a stationary source submitting an RMP pursuant to this article shall submit the RMP to the unified program agency after the RMP is certified as complete by a qualified person and the stationary source owner or operator. The unified program agency shall review the RMP and may authorize the air pollution control district or air quality management district in which the stationary source is located to conduct a technical review of the RMP. If, after review by the unified program agency and technical review, if any, by the air pollution control district or air quality management district, the unified program agency determines that the stationary source’s RMP is deficient in any way, the unified program agency shall notify the stationary source of these defects. The stationary source shall submit a corrected RMP within 60 days of the notification of defects, unless granted a one-time extension of no more than 30 days, of the notice to correct the RMP by the unified program agency. Failure to fully comply with this notice or the unified program of this section shall be deemed a violation of this article for purposes of Section 25540. (b) Upon implementation of an RMP, the stationary source shall notify the unified program agency that the RMP has been implemented and shall summarize the steps taken in preparation and implementation of the RMP. (c) The stationary source shall continue to carry out the program and activities specified in the RMP at the stationary source after the unified program agency has been notified pursuant to subdivision (b). (d) The owner or operator of the stationary source shall implement all programs and activities in the RMP before operations commence, in the case of a new stationary source, or before any new activities involving regulated substances are taken, in the case of a modified stationary source. (Amended by Stats. 2021, Ch. 115, Sec. 42. (AB 148) Effective July 22, 2021.)
  116. 25535.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    An owner or operator of a stationary source must prepare an RMP when required by federal rules or by the unified program agency, and must submit it to the EPA and the unified program agency unless the requirement comes only from the agency’s Section 25534 determination.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25535.1. (a) Except as otherwise provided in this article, an owner or operator of a stationary source shall prepare an RMP if an RMP is required pursuant to Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations or if the unified program agency makes a determination pursuant to Section 25534 that an RMP is required. (b) An owner or operator of a stationary source required to prepare an RMP pursuant to this article shall submit the RMP to the United States Environmental Protection Agency and to the unified program agency. (c) Notwithstanding subdivision (b), if an RMP is required only because the unified program agency has determined, pursuant to Section 25534, that an RMP is required, the RMP shall be submitted only to the unified program agency. (Amended by Stats. 2021, Ch. 115, Sec. 43. (AB 148) Effective July 22, 2021.)
  117. 25535.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    The unified program agency must make a complete RMP available for public review within 15 days, keep it open for at least 45 days, and give public notice by newspaper, website, and mail.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25535.2. Within 15 days after the unified program agency determines that an RMP is complete, the unified program agency shall make the RMP available to the public for review and comment for a period of at least 45 days. A notice briefly describing and stating that the RMP is available for public review at a certain location shall be placed in a daily local newspaper or placed on a unified program agency’s internet website, and mailed to interested persons and organizations. The unified program agency shall review the RMP, and any comments received, following the regulations adopted pursuant to subdivision (a) of Section 25534.05. (Amended by Stats. 2021, Ch. 115, Sec. 44. (AB 148) Effective July 22, 2021.)
  118. 25535.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    A fee on a stationary source for the accidental release prevention program must be imposed only through the single fee system in Section 25404.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25535.5. Any fee imposed on any stationary source to cover the unified program agency’s cost of implementing the accidental release prevention program pursuant to this article shall be imposed only through the single fee system established pursuant to Section 25404.5. (Amended by Stats. 2021, Ch. 115, Sec. 45. (AB 148) Effective July 22, 2021.)
  119. 25536.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    Certain persons and stationary sources with covered processes must comply with this article, and some stationary sources must also submit an RMP to the unified program agency by the stated deadline.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25536. (a) A person or a stationary source with one or more covered processes shall comply with the requirements of this article no later than the latest date specified in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations. (b) A stationary source with one or more covered processes shall comply with this article and shall submit an RMP to the unified program agency before the date on which the regulated substance is first present in a process above the listed threshold quantity, as listed in Section 2770.5 of Title 19 of the California Code of Regulations, except as provided in Section 25534. (Amended by Stats. 2023, Ch. 207, Sec. 14. (AB 1716) Effective January 1, 2024.)
  120. 25536.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    Some persons or stationary sources must keep implementing an old risk management and prevention program until they submit an RMP, and certain businesses must submit and implement an RMP by the federal deadlines.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25536.5. (a) A person or a stationary source that was required to prepare, submit, and implement a risk management and prevention program pursuant to this article as it read on December 31, 1996, and which is required to prepare and submit an RMP pursuant to this article, shall continue to implement the risk management and prevention program until the business has submitted an RMP as specified in this article. (b) A person or a stationary source that was required to prepare, submit, and implement a risk management and prevention program pursuant to this article as it read on December 31, 1996, and which is not required to prepare an RMP pursuant to this article is required to comply only with those requirements of this chapter that apply to the business. (c) A person or a stationary source that was not required to prepare, submit, and implement a risk management and prevention program pursuant to this article as it read on December 31, 1996, but which is required to prepare and submit an RMP pursuant to this article, shall submit and implement an RMP not later than the deadlines specified in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter 7 of Title 40 of the Code of Federal Regulations. (Amended by Stats. 2013, Ch. 419, Sec. 7. (SB 483) Effective January 1, 2014.)
  121. 25536.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    Local agencies, refinery-related agencies, and refineries must set up and maintain an integrated alerting and notification system for refinery incidents, and refineries must immediately notify emergency and agency contacts when an incident occurs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25536.6. (a) Each local implementing agency shall develop an integrated alerting and notification system, in coordination with local emergency management agencies, unified program agencies, local first response agencies, petroleum refineries, and the public, to be used to notify the community surrounding a petroleum refinery in the event of an incident at the refinery warranting the use of the automatic notification system. The integrated alerting and notification system shall include the following when determined to be appropriate and consistent with the unified program agency area plan: (1) Text messaging. (2) Calls to landline and cellular telephones. (3) Activation of the Emergency Alert System. (4) National Weather Service alerts to National Oceanic and Atmospheric Administration radios. (5) Social media communications. (6) New technologies when developed. (7) An audible alarm. (b) (1) The integrated alerting and notification system shall alert and notify the communities surrounding a petroleum refinery, including schools, public facilities, hospitals, transient and special needs populations, and residential care homes. (2) The area of the community that is to be alerted and notified shall be determined by the local implementing agency in coordination with unified program agencies, local first response agencies, petroleum refineries, and the public. (c) If an integrated alerting and notification system has not been developed and implemented by January 1, 2018, the local implementing agency shall, in coordination with the unified program agency, local first response agencies, petroleum refineries, and the public, determine an appropriate integrated alerting and notification system to be developed consistent with subdivisions (a) and (b) and, on or before January 1, 2019, shall develop a schedule for developing and implementing the integrated alerting and notification system. (d) The local implementing agency, through an interagency agreement or memorandum of understanding with the unified program agency and the county’s operational area coordinator, shall manage, operate, coordinate, and maintain the integrated alerting and notification system developed pursuant to subdivisions (a) and (b). (e) A unified program agency shall ensure that the integrated alerting and notification system required pursuant to subdivisions (a) and (b) is included in, or consistent with, the unified program agency area plan and Chapter 4.5 (commencing with Section 2735.1) of Division 2 of Title 19 of the California Code of Regulations. (f) A petroleum refinery shall immediately call the emergency 9-1-1 telephone number and notify the unified program agency, pursuant to Section 25510, in the event of an incident warranting the use of the integrated alerting and notification system. (g) A unified program agency shall make the RMP of a petroleum refinery available to the public at the unified program agency’s office during normal business hours or by appointment, or both, consistent with Section 2775.5 of Title 19 of the California Code of Regulations. (h) A unified program agency, in coordination with the local implementing agency, shall establish a fee that a petroleum refinery shall pay in an amount to cover the reasonable and necessary costs for the design, building, and installation of the integrated alerting and notification system developed pursuant to subdivisions (a) and (b). This fee shall be separate from the unified program single fee system levied pursuant to Section 25404.5 and shall be approved by the governing body of the local implementing agency. The money received from this fee shall be transferred to the local implementing agency for the design, building, and installation of the integrated alerting and notification system developed pursuant subdivisions (a) and (b). (i) A unified program agency, in coordination with the local implementing agency, shall establish a fee, as part of the unified program single fee system levied on a petroleum refinery pursuant to Section 25404.5, in an amount sufficient to cover the reasonable and necessary costs for the ongoing operation and maintenance of the integrated alerting and notification system developed pursuant to subdivisions (a) and (b). The moneys collected from this fee shall be transferred to the local implementing agency for operating and maintaining the integrated alerting and notification system developed pursuant to subdivisions (a) and (b). (j) The agency shall work with the local implementing agencies and the unified program agencies to develop a model memorandum of understanding between adjacent jurisdictions for integration of alerting and notification systems that will operate across jurisdictional boundaries. (k) The local implementing agency shall ensure that there are agreements with adjacent jurisdictions to coordinate alerts, notifications, and messaging when a release crosses or threatens to cross jurisdictional boundaries. The agreements shall be documented in the unified program agency area plan. (Amended by Stats. 2021, Ch. 115, Sec. 47. (AB 148) Effective July 22, 2021.)
  122. 25536.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    Certain stationary-source owners or operators must require contractors and subcontractors to use a skilled and trained workforce for covered onsite construction-related work, subject to listed exceptions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25536.7. (a) (1) An owner or operator of a stationary source that is engaged in activities described in Code 324110 or 325110 of the North American Industry Classification System (NAICS), as that code read on January 1, 2014, and with one or more covered processes that is required to prepare and submit an RMP pursuant to this article, when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work at the stationary source, shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades. This section shall not apply to oil and gas extraction operations. (2) The Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations may approve a curriculum of in-person classroom and laboratory instruction for approved advanced safety training for workers at high hazard facilities. That safety training may be provided by an apprenticeship program approved by the chief or by instruction provided by the Chancellor of the California Community Colleges. The chief shall approve a curriculum in accordance with this paragraph by January 1, 2016, and shall periodically revise the curriculum to reflect current best practices. Upon receipt of certification from the apprenticeship program or community college, the chief shall issue a certificate to a worker who completes the approved curriculum. (3) For purposes of paragraph (2) of subdivision (b) of Section 3075 of the Labor Code, a stationary source covered by this section shall be considered in determining whether existing apprenticeship programs do not have the capacity, or have neglected or refused, to dispatch sufficient apprentices to qualified employers who are willing to abide by the applicable apprenticeship standards. (4) This section does not apply to contracts awarded before January 1, 2014, unless the contract is extended or renewed after that date. (5) (A) This section does not apply to the employees of the owner or operator of the stationary source or prevent the owner or operator of the stationary source from using its own employees to perform any work that has not been assigned to contractors while the employees of the contractor are present and working. (B) An apprenticeship program approved by the chief may enroll, with advanced standing, applicants with relevant prior work experience at a stationary source that is subject to this section, in accordance with the approved apprenticeship standards of the program. (6) The criteria of subparagraph (A) of paragraph (10) of subdivision (b), subparagraph (C) of paragraph (10) of subdivision (b), and subparagraph (B) of paragraph (11) of subdivision (b) shall not apply to either of the following: (A) To the extent that the contractor has requested qualified workers from the local hiring halls that dispatch workers in the apprenticeable occupation and, due to workforce shortages, the contractor is unable to obtain sufficient qualified workers within 48 hours of the request, Saturdays, Sundays, and holidays excepted. This section does not prevent contractors from obtaining workers from any source. (B) To the extent that compliance is impracticable because an emergency requires immediate action to prevent harm to public health or safety or to the environment, but the criteria applies as soon as the emergency is over or it becomes practicable for contractors to obtain a qualified workforce. (7) The requirement specified in paragraph (1) for a skilled and trained workforce, as defined in paragraph (11) of subdivision (b), apply to each individual contractor’s and subcontractor’s onsite workforce. (8) This section does not make the construction, alteration, demolition, installation, repair, or maintenance work at a stationary source that is subject to this section a public work, within the meaning of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. This section does not preclude the use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (b) As used in this section: (1) “Apprenticeable occupation” means an occupation for which the chief has approved an apprenticeship program pursuant to Section 3075 of the Labor Code. (2) “Approved advanced safety training for workers at high hazard facilities” means a curriculum approved by the chief pursuant to paragraph (2) of subdivision (a). (3) “Building and construction trades” has the same meaning as in Section 3075.5 of the Labor Code. (4) “Chief” means the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations. (5) “Construction,” “alteration,” “demolition,” “installation,” “repair,” and “maintenance” have the same meanings as in Sections 1720 and 1771 of the Labor Code. (6) “Graduate of an apprenticeship program” means either of the following: (A) An individual that has been issued a certificate of completion under the authority of the California Apprenticeship Council or the chief for completing an apprenticeship program approved by the chief pursuant to Section 3075 of the Labor Code. (B) An individual that has completed an apprenticeship program located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (7) “Onsite work” shall not include catalyst handling and loading, chemical cleaning, or inspection and testing that was not within the scope of a prevailing wage determination issued by the Director of Industrial Relations as of January 1, 2013. (8) “Prevailing hourly wage rate” means the general prevailing rate of per diem wages, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, but does not include shift differentials, travel and subsistence, or holiday pay. Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. (9) “Registered apprentice” means an apprentice registered in an apprenticeship program approved by the chief pursuant to Section 3075 of the Labor Code who is performing work covered by the standards of that apprenticeship program and receiving the supervision required by the standards of that apprenticeship program. (10) “Skilled journeyperson” means a worker who meets all of the following criteria: (A) The worker either graduated from an apprenticeship program for the applicable occupation that was approved by the chief, or has at least as many hours of on-the-job experience in the applicable occupation that would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. (B) The worker is being paid at least a rate equivalent to the prevailing hourly wage rate for a journeyperson in the applicable occupation and geographic area. (C) The worker has completed within the prior three calendar years at least 20 hours of approved advanced safety training for workers at high hazard facilities. This requirement applies only to work performed on or after July 1, 2018. (11) “Skilled and trained workforce” means a workforce that meets both of the following criteria: (A) All the workers are either registered apprentices or skilled journeypersons. (B) (i) As of January 1, 2014, at least 30 percent of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation. (ii) As of January 1, 2015, at least 45 percent of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation. (iii) As of January 1, 2016, at least 60 percent of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation. (Amended by Stats. 2019, Ch. 497, Sec. 165. (AB 991) Effective January 1, 2020.)
  123. 25536.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    An owner or operator of a covered stationary source must require contractors and subcontractors to use a skilled and trained workforce for qualifying onsite construction-related work.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25536.8. (a) Subject to subdivision (e), the definitions in subdivision (b) of Section 25536.7 shall apply for purposes of this section, except that the criterion described in subparagraph (C) of paragraph (10) of subdivision (b) of Section 25536.7 shall not be applicable. (b) An owner or operator of a stationary source that is engaged in activities described in subdivision (c), and with one or more covered processes that require the preparation and submission of an RMP pursuant to this article, when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work at the stationary source, shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades. (c) This section shall apply to the following activities, when undertaken for commercial purposes: (1) Hydrogen manufacturing. (2) Biofuels manufacturing. (3) Carbon dioxide (CO2) capture and sequestration in either saline or depleted oil and gas reservoirs, or oil and gas reservoirs used for CO2-enhanced oil recovery. (4) Manufacturing of any of the following chemicals, whether as an intermediary or an end product: ammonia, chlorine, hydrogen fluoride, sulfur dioxide, or hydrogen chloride. (d) For purposes of paragraph (2) of subdivision (b) of Section 3075 of the Labor Code, a stationary source covered by this section shall be considered in determining whether an existing apprenticeship program does not have the capacity, or has neglected or refused, to dispatch sufficient apprentices to qualified employers who are willing to abide by the applicable apprenticeship standards. (e) The provisions of paragraphs (5), (6), (7), and (8) of subdivision (a) of Section 25536.7 shall apply for purposes of this section. (f) This section shall apply to contracts awarded, extended, or renewed on or after January 1, 2024. (Added by Stats. 2023, Ch. 293, Sec. 2. (SB 740) Effective January 1, 2024.)
  124. 25536.9.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    An owner or operator claiming this exemption must file specified contract copies with the unified program agency by February 1, 2018, and the agency must keep the complete copy confidential while allowing inspection of the redacted copy.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25536.9. On or before February 1, 2018, an owner or operator of a stationary source that claims that it is exempt from the requirement in paragraph (1) of subdivision (a) of Section 25536.7 pursuant to the exception in paragraph (4) of subdivision (a) of Section 25536.7 shall file with the unified program agency a complete copy of the contract described in paragraph (4) of subdivision (a) of Section 25536.7 and a second copy of that contract that has been redacted only to the extent necessary to protect sensitive information and that shall include the identity of the contractor, the scope of the work covered by the contract, the date of execution of the contract, and the term of the contract. The complete copy of the contract that is not redacted is not a public record and shall be kept confidential by the unified program agency. The redacted copy of the contract shall be a public record available for inspection from the unified program agency. (Amended by Stats. 2021, Ch. 115, Sec. 48. (AB 148) Effective July 22, 2021.)
  125. 25537.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    The unified program agency must inspect registered stationary sources at least once every three years.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25537. (a) (1) The unified program agency shall inspect every stationary source required to be registered pursuant to this article at least once every three years to determine whether the stationary source is in compliance with this article. (2) The requirements of this section do not alter or affect the immunity provided a public entity pursuant to Section 818.6 of the Government Code. (b) Subdivision (a) shall not be construed to affect the exemption from audit requirements established pursuant to Section 68.220(c) of Title 40 of the Code of Federal Regulations. (Amended by Stats. 2021, Ch. 115, Sec. 49. (AB 148) Effective July 22, 2021.)
  126. 25537.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    A stationary source with covered processes may treat compliance with this article as compliance with Article 1 for the same substance, subject to federal law and consistency limits. If it relies on that rule, it must file an annual statement with the unified program agency.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25537.5. (a) Where a stationary source has one or more covered processes, and is subject to the requirements of Article 1 (commencing with Section 25500) for the same substance, compliance with this article shall be deemed compliance with Article 1 (commencing with Section 25500) for that substance, to the extent not inconsistent with federal law and with Article 1 (commencing with Section 25500). (b) Any stationary source that relies on subdivision (a) for compliance with the applicable requirements of Article 1 (commencing with Section 25500) shall annually submit to the unified program agency a statement that the stationary source has made no changes required to be reported pursuant to Article 1 (commencing with Section 25500), or identifying all reportable changes. (Amended by Stats. 2021, Ch. 115, Sec. 50. (AB 148) Effective July 22, 2021.)
  127. 25538.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    A stationary source claiming trade-secret protection must submit the information to the unified program agency and notify it in writing; the agency reviews the claim, limits disclosure of properly substantiated trade secrets, and certain unauthorized disclosures can be punished.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25538. (a) If a stationary source believes that any information required to be reported, submitted, or otherwise provided to the unified program agency pursuant to this article involves the release of a trade secret, the stationary source shall provide the information to the unified program agency and shall notify the unified program agency in writing of that belief. Upon receipt of a claim of trade secret related to an RMP, the unified program agency shall review the claim and shall segregate properly substantiated trade secret information from information that shall be made available to the public upon request in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). As used in this section, “trade secret” has the same meaning as in subdivision (f) of Section 7924.510 of the Government Code and Section 1061 of the Evidence Code. (b) Except as otherwise specified in this section, the unified program agency shall not disclose any properly substantiated trade secret that is so designated by the owner or operator of a stationary source. (c) The unified program agency may disclose trade secrets received by the unified program agency pursuant to this article to authorized officers or employees of other governmental agencies only in connection with the official duties of that officer or employee pursuant to any law for the protection of health and safety. (d) Any officer or employee or former officer or employee of the unified program agency or any other government agency who, because of that employment or official position, has possession of or access to information designated as a trade secret pursuant to this section shall not knowingly and willfully disclose the information in any manner to any person not authorized to receive the information pursuant to this section. Notwithstanding Section 25515, any person who violates this subdivision, and who knows that disclosure of this information to the general public is prohibited by the section, shall, upon conviction, be punished by imprisonment in the county jail for not more than six months or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. (e) Any information prohibited from disclosure pursuant to any federal statute or regulation shall not be disclosed. (f) This section does not authorize any stationary source to refuse to disclose to the unified program agency any information required pursuant to this article. (g) (1) Upon receipt of a request for the release of information to the public that includes information that the stationary source has notified the unified program agency is a trade secret pursuant to subdivision (a), the unified program agency shall notify the stationary source in writing of the request by certified mail, return receipt requested. The owner or operator of the stationary source shall have 30 days from receipt of the notification to provide the unified program agency with any materials or information intended to supplement the information submitted pursuant to subdivision (a) and needed to substantiate the claim of trade secret. The unified program agency shall review the claim of trade secret and shall determine whether the claim is properly substantiated. (2) The unified program agency shall inform the stationary source in writing, by certified mail, return receipt requested, of any determination by the unified program agency that some, or all, of a claim of trade secret has not been substantiated. Not earlier than 30 days after the receipt by a stationary source of notice of the determination, the unified program agency shall release the information to the public, unless, prior to the expiration of the 30-day period, the stationary source files an action in an appropriate court for a declaratory judgment that the information is subject to protection under subdivision (b) or for an injunction prohibiting disclosure of the information to the public, and promptly notifies the unified program agency of that action. (Amended by Stats. 2022, Ch. 28, Sec. 94. (SB 1380) Effective January 1, 2023.)
  128. 25539.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    The agency and each unified program agency must, when implementing this article and upon request, involve and cooperate with specified local and state officials and organizations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25539. The agency and each unified program agency, in implementing this article, shall, upon request, involve and cooperate with local and state government officials, emergency planning committees, and professional associations. (Amended by Stats. 2021, Ch. 115, Sec. 52. (AB 148) Effective July 22, 2021.)
  129. 25540.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    A violator of this article can be liable to the unified program agency for daily civil or administrative penalties, plus emergency response and cleanup costs in some cases.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25540. (a) A person or stationary source that violates this article shall be civilly or administratively liable to the unified program agency in one of the following amounts, as applicable: (1) For a violation that occurs on or before December 31, 2018, not more than two thousand dollars ($2,000) for each day in which the violation occurs, unless paragraph (3) applies. (2) For a violation that occurs on or after January 1, 2019, not more than five thousand dollars ($5,000) for each day in which the violation occurs, unless paragraph (4) applies. (3) For a violation committed knowingly after reasonable notice on or before December 31, 2018, not more than twenty-five thousand dollars ($25,000) for each day in which the violation occurs. (4) For a violation committed knowingly on or after January 1, 2019, not more than twenty-five thousand dollars ($25,000) for each day in which the violation occurs. (b) If a violation of this article results in, or significantly contributes to, an emergency, including a fire, the person or stationary source shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of any hazardous materials, in addition to the applicable amount require pursuant to subdivision (a). (c) Subdivisions (a) and (b) shall not apply for a violation of Section 25536.6, 25536.7, or 25536.9 that occurs on or after January 1, 2019. (d) When a unified program agency issues an enforcement order or assesses an administrative penalty, or both, for a violation of this article, the unified program agency shall utilize the administrative enforcement procedures, including the hearing procedures, specified in Sections 25404.1.1 and 25404.1.2. (Amended by Stats. 2018, Ch. 308, Sec. 1. (AB 3138) Effective January 1, 2019.)
  130. 25540.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    A person or stationary source that knowingly violates this article after reasonable notice commits a misdemeanor and may be jailed for up to one year. If the violation causes or significantly contributes to an emergency, the person or source must also pay emergency response and hazardous-material cleanup costs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25540.1. A person or stationary source that knowingly violates this article after reasonable notice of the violation is guilty of a misdemeanor and may, upon conviction, be punished by imprisonment in a county jail not to exceed one year. If the violation results in, or significantly contributes to, an emergency, including a fire, the person or stationary source shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of any hazardous materials. (Added by Stats. 2007, Ch. 623, Sec. 3. Effective January 1, 2008.)
  131. 25540.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    Any person or stationary source that violates listed rules or requirements under this article is strictly liable for a civil penalty of up to $10,000 for each day the violation occurs.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25540.5. Any person or stationary source who violates any rule or regulation, emission limitation, permit condition, order, fee requirement, filing requirement, duty to allow or carry out inspection or monitoring activities, or duty to allow entry, established pursuant to this article and for which delegation or approval of implementation and enforcement authority has been obtained pursuant to subsections (l) and (r) of Section 112 of the Clean Air Act (42 U.S.C. Sections 7412(l) and 7412(r)) or the regulations adopted pursuant thereto, is strictly liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each day in which the violation occurs. (Added by Stats. 1996, Ch. 715, Sec. 28. Effective January 1, 1997.)
  132. 25541.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    A person or stationary source may be penalized for knowingly making false material statements or for destroying, altering, or concealing compliance records.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25541. Any person or stationary source who knowingly makes any false material statement, representation or certification in any record, report, or other document filed, maintained, or used for the purpose of compliance with this article, or destroys, alters, or conceals any such record, report, or other document filed, maintained, or used for the purpose of compliance with this article, shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, or by imprisonment in the county jail for not more than one year, or by both the fine and the imprisonment. If the conviction is for a violation committed after a first conviction under this section, the person or stationary source shall be punished by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three years or in a county jail for not more than one year, or both the fine and imprisonment. Furthermore, if the violation results in, or significantly contributes to, an emergency, including a fire, to which the county or city is required to respond, the person or stationary source shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the acutely hazardous materials. (Amended by Stats. 2011, Ch. 15, Sec. 195. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  133. 25541.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    Any person or stationary source that knowingly violates an article requirement, or knowingly makes a federally required monitoring device or method inaccurate, can be fined up to $10,000 per day of violation.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25541.3. Any person or stationary source who knowingly violates any requirement of this article, including any fee or filing requirement, for which delegation of federal implementation and enforcement authority has been obtained pursuant to subsections (l) and (r) of Section 112 of the federal Clean Air Act (42 U.S.C. Sections 7412(l) and 7412(r)), or who knowingly renders inaccurate any federally required monitoring device or method, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000) for each day of violation. (Added by Stats. 1996, Ch. 715, Sec. 30. Effective January 1, 1997.)
  134. 25541.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    If civil penalties are recovered for an offense, the same offense cannot also be criminally prosecuted; and if a violation is referred for prosecution and a criminal complaint is filed, any related civil action under this article must be dismissed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25541.5. If civil penalties are recovered pursuant to Section 25540 or 25540.5, the same offense shall not be the subject of a criminal prosecution pursuant to Section 25541 or 25541.3. When a unified program agency refers a violation to a prosecuting agency and a criminal complaint is filed, any civil action brought pursuant to this article for that offense shall be dismissed. (Amended by Stats. 2021, Ch. 115, Sec. 53. (AB 148) Effective July 22, 2021.)
  135. 25542.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    For certain facilities with an RMP, the Department of Industrial Relations’ Division of Occupational Safety and Health should coordinate with the unified program agency and other agencies as far as feasible.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25542. (a) It is the intent of the Legislature that for those facilities with an RMP incorporating some, or all, of the federal or state process safety management program under the federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 651 et seq.) and the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code), where a violation may be penalized pursuant to this article and the process safety management program, penalties shall be imposed under only one program. (b) It is the further intent of the Legislature that for any facility described in subdivision (a), the Division of Occupational Safety and Health of the Department of Industrial Relations shall, to the maximum extent feasible, coordinate with the unified program agency and other agencies in accordance with paragraph (4) of subdivision (a) of Section 25404.2. (Amended by Stats. 2021, Ch. 115, Sec. 54. (AB 148) Effective July 22, 2021.)
  136. 25543.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    The agency must obtain and keep state delegation for the federal accidental release prevention program. Some substances are excluded from the state program for this delegation request.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25543. The agency shall obtain and maintain state delegation of the federal accidental release prevention program established pursuant to subsection (r) of Section 7412 of Title 42 of the United States Code. Substances that are regulated under this article only because they are regulated substances pursuant to paragraph (2) of subdivision (i) of Section 25532 and state threshold quantities shall not be a part of the state program for which delegation of federal implementation and enforcement authority is sought pursuant to this section and subdivision (a) of Section 25533. (Amended by Stats. 2021, Ch. 115, Sec. 55. (AB 148) Effective July 22, 2021.)
  137. 25543.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    Any person may petition the agency to add or delete a regulated substance or revise threshold quantities; the agency must publish and handle comments, and the owner or operator of a stationary source may not delay implementation while a petition is pending.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25543.1. (a) Any person may submit a petition to the agency for the addition of a material to, or for the deletion of a material from, the regulated substances list adopted pursuant to subparagraph (B) of paragraph (2) of subdivision (i) of Section 25532 or to revise the existing state threshold quantities that are used as the standards for registration and RMP compliance. (b) A petition submitted pursuant to subdivision (a) shall be accompanied by a submission fee, to be established by the agency, in consultation with the Office of Environmental Health Hazard Assessment. The fee shall be in an amount that is sufficient to pay for the reasonable costs incurred by the agency and the Office of Environmental Health Hazard Assessment necessary to carry out this section. Upon the receipt of the petition and fee, the agency shall transmit to the Office of Environmental Health Hazard Assessment funds sufficient to pay for the reasonable costs incurred by the Office of Environmental Health Hazard Assessment to carry out this section. (c) An owner or operator of a stationary source shall not delay implementation of this article in anticipation of a ruling on a petition to delist a regulated substance or to change a state threshold quantity. (d) The agency shall notify unified program agencies of petitions for adding or delisting regulated substances or for changing state threshold quantities and shall take comments from unified program agencies on the petitions. All comments shall be responded to in writing. (e) The agency shall notify the public of petitions for adding or delisting regulated substances or for changing state threshold quantities and shall take public comment on the petitions. All comments shall be responded to in writing. (f) (1) The agency shall request the Office of Environmental Health Hazard Assessment to review the petitions and make recommendations to the agency regarding the petitions. (2) Each recommendation made pursuant to paragraph (1) shall be based on current scientific knowledge and a sound and open scientific review and shall contain a finding whether a substance should be added to, or deleted from, the regulated substance list, or whether the state threshold quantity for a regulated substance should be revised. (g) The petition review by the Office of Environmental Health Hazard Assessment shall take into consideration all of the following factors: (1) The severity of any acute adverse health effect associated with an accidental release of the substance. (2) The likelihood of an accidental release of the substance. (3) The potential magnitude of human exposure to an accidental release of the substance. (4) The results of other preexisting evaluations of the substances potential risks which take into account the factors specified in paragraphs (1), (2), and (3), including, but not limited to, studies or research undertaken by, or on behalf of, the United States Environmental Protection Agency for the purpose of complying with paragraph (3) of subsection (r) of Section 112 of the federal Clean Air Act (42 U.S.C. Sec. 7412 (r)(3)). (5) The likelihood of the substance being handled in this state. (6) The accident history of the substance. (h) Upon receipt of a recommendation made pursuant to subdivision (f), the agency may add or remove a substance or change an existing state threshold quantity as a requirement for this article. (i) In reviewing a petition under this section, the agency shall consider the views of unified program agencies that have indicated support or opposition to the petition. (Amended by Stats. 2021, Ch. 115, Sec. 56. (AB 148) Effective July 22, 2021.)
  138. 25543.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    A stationary source planning certain facility modifications must give advance notice to the unified program agency, manage the modification with established procedures, and update required documents on time.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25543.2. (a) A stationary source that intends to modify a facility that may result either in a significant increase in the amount of regulated substances handled by the facility or in a significantly increased risk in handling a regulated substance, as compared to the amount of substances and the amount of risk identified in the facility’s RMP relating to the covered process proposed for modification, shall do all the following, prior to operating the modified facility: (1) Where reasonably possible, notify the unified program agency in writing of the stationary source’s intent to modify the facility at least five calendar days before implementing any modifications. As part of the notification process, the stationary source shall consult with the unified program agency when determining whether the RMP should be reviewed and revised. Where prenotification is not reasonably possible, the stationary source shall provide written notice to the unified program agency no later than 48 hours following the modification. (2) Establish procedures to manage the proposed modification, which shall be substantially similar to the procedures specified in Section 1910.119 of Title 29 of the Code of Federal Regulations pertaining to process safety management, and notify the unified program agency that the procedures have been established. (b) The stationary source shall revise the appropriate documents, as required pursuant to subdivision (a), expeditiously, but not later than 60 days from the date of the facility modification. (Amended by Stats. 2021, Ch. 115, Sec. 57. (AB 148) Effective July 22, 2021.)
  139. 25543.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. )

    Verify source ↗

    The agency must periodically review regulated substances and threshold quantities, then adopt regulations and threshold quantities based on those reviews.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 2. Hazardous Materials Management [25531 - 25543.3] ( Article 2 added by Stats. 1986, Ch. 1260, first Sec. 3. ) ## 25543.3. The agency, in consultation with the Office of Environmental Health Hazard Assessment, shall periodically do all of the following: (a) Review each regulated substance on the list established pursuant to subparagraph (B) of paragraph (2) of subdivision (i) of Section 25532 and, taking into consideration the factors specified in subdivision (g) of Section 25543.1, determine if the regulated substance should remain subject to regulation under this article or should be deleted from that list of regulated substances. (b) Review the state threshold quantity for each regulated substance that the agency determines should remain on the list of regulated substances, and determine, taking into consideration the factors specified in subdivision (g) of Section 25543.1, if the state threshold quantity should be revised. (c) Adopt regulations, which amend the list of regulated substances adopted pursuant to subparagraph (B) of paragraph (2) of subdivision (i) of Section 25532, and adopt state threshold quantities for regulated substances, based on the determinations of the agency under subdivisions (a) and (b). (Amended by Stats. 2021, Ch. 115, Sec. 58. (AB 148) Effective July 22, 2021.)
  140. 25545.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 3. Emergency Planning and Community Right to Know Act of 1986 Implementation [25545- 25545.] ( Article 3 added by Stats. 1988, Ch. 558, Sec. 1. )

    Verify source ↗

    The Office of Emergency Services must develop informational guidelines for covered facilities and help unified program agencies distribute them.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 3. Emergency Planning and Community Right to Know Act of 1986 Implementation [25545- 25545.] ( Article 3 added by Stats. 1988, Ch. 558, Sec. 1. ) ## 25545. The Office of Emergency Services shall develop informational guidelines for facilities required to comply with Chapter 116 (commencing with Section 11001) of Title 42 of the United States Code and with this chapter, and shall assist the unified program agencies in ensuring full distribution of these guidelines to those facilities. (Amended by Stats. 2021, Ch. 115, Sec. 59. (AB 148) Effective July 22, 2021.)
  141. 25546.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. )

    Verify source ↗

    This section states that Californians have a right to know about toxic release hazards and pollution, and says the Legislature intends to preserve access to Toxics Release Inventory information.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. ) ## 25546. The Legislature finds and declares all of the following: (a) The people of California have the right to know the hazards posed by toxic releases near their homes, schools, and workplaces. They have the right to know how much pollution is being released into the water, air, and soil. (b) Since its inception in 1986, as part of the federal Emergency Planning and Community Right-to-Know Act of 1986, (EPCRA; Chapter 116 (commencing with Section 11001) of Title 42 of the United States Code), the Toxics Release Inventory (TRI) has supplied this essential information on toxic chemical releases to the public. The goal of the TRI is to empower citizens, through information, to hold companies and local governments accountable for how toxic chemicals are managed. (c) It is the intent of the Legislature that California citizens do not lose access to the information necessary to understand the potential threats to public health and safety and the environment that is available through the Toxics Release Inventory as it existed on January 1, 2006, including the ease of accessibility. (Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)
  142. 25546.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. )

    Verify source ↗

    This article is named the “California Toxic Release Inventory Program Act of 2007.”

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. ) ## 25546.1. This article shall be known, and may be cited, as the “California Toxic Release Inventory Program Act of 2007.” (Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)
  143. 25546.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the California Toxic Release Inventory Program article.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. ) ## 25546.2. For purposes of this article, the following definitions shall apply: (a) “Department” means the Department of Toxic Substances Control. (b) “Facility” means a facility subject to the federal act, as provided by Section 11002 of Title 42 of the United States Code, as that section read on January 1, 2006, and that is subject to the existing federal regulations. (c) “Existing federal regulations” mean the regulations found in Part 372 (commencing with Section 372.1) of Subchapter J of Chapter 1 of Title 40 of the Code of Federal Regulations, as those regulations read on January 1, 2006, except as provided in subdivision (b) of Section 25546.3. (d) “Federal act” means the federal Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA; Chapter 116 (commencing with Section 11001) of Title 42 of the United States Code). (e) “Federal regulations” mean the regulations found in Part 372 (commencing with Section 372.1) of Subchapter J of Chapter 1 of Title 40 of the Code of Federal Regulations, as those regulations may be revised or amended on or after January 1, 2006. (f) “Program” means the California Toxic Release Inventory Program established pursuant to this article. (g) “Toxic chemical” means a substance listed pursuant to Subpart D (commencing with Section 372.65) of Part 372 of Subchapter J of Chapter 1 of Title 40 of the Code of Federal Regulations, as those regulations read on January 1, 2006, and not as those regulations may be subsequently amended, revised, or repealed after that date, except as provided in subdivision (b) of Section 25546.3. (h) “Toxic chemical release form” means the form required to be completed by the owner or operator of a facility pursuant to Section 11023 of Title 42 of the United States Code, as that section read on January 1, 2006. (i) “Threshold quantity” means the amount of a toxic chemical specified in Sections 372.25, 372.27, and 372.28 of Title 40 of the Code of Federal Regulations as those regulations read on January 1, 2006, and not as those regulations may be subsequently amended, revised, or repealed after that date, except as provided in subdivision (b) of Section 25546.3. (Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)
  144. 25546.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. )

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    The department must develop and implement the California Toxic Release Inventory Program by January 1, 2009, and may not require a facility to file a toxic chemical release form while a qualifying federal court challenge is stayed or enjoined, until the department decides the case is settled or adjudicated.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. ) ## 25546.3. (a) On or before January 1, 2009, the department shall develop and implement the California Toxic Release Inventory Program pursuant to this article. (b) Notwithstanding any other provision of this article, the department shall, when implementing the program, comply with the requirements of the federal act with regard to ensuring that any requirement imposed pursuant to this article is no less stringent than, or is not otherwise preempted by, any requirement imposed pursuant to the federal act, including any changes to the existing federal regulations that decrease the threshold quantity or include additional toxic chemicals subject to the federal act. (c) If there is a legal challenge to changes made to Section 312 of the federal act (42 U.S.C. Sec. 11022) or the federal regulations adopted pursuant to that section, that result in the changes being stayed or enjoined by a federal court, the department shall not require a facility to submit a toxic chemical release form pursuant to Section 25546.4 until the department determines that the court action has been settled or adjudicated. (Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)
  145. 25546.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. )

    Verify source ↗

    The department must require certain facilities to submit toxic chemical release forms, use federal reporting forms unless an alternative is needed, set transmission procedures, and post received forms online.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. ) ## 25546.4. (a) The program established pursuant to this article shall require a facility to submit a toxic chemical release form to the department, in accordance with the existing federal regulations, if the facility is not required by the federal regulations to submit a toxic chemical release form containing that same information. (b) The program adopted pursuant to subdivision (a) shall require that the information be reported retroactively to the effective date of the change in the federal act or the existing federal regulations as to ensure no gap in data collection. (c) The department shall evaluate California-specific reporting requirements and determine if this information can substitute, in whole or in part, for the information that would be required under the program. This review shall include, but not be limited to, reporting required pursuant to the Air Toxic “Hot Spot” Information and Assessment Act (Part 6 (commencing with Section 44300) of Division 26), the Hazardous Waste Source Reduction and Management Review Act of 1989 (Article 11.9 (commencing with Section 25244.12) of Chapter 6.5), and reporting required by the regional water quality control boards pursuant to the National Pollution Discharge Elimination System permits and waste discharge requirements. (d) The department shall require the facility to utilize the same reporting forms in use, pursuant to the existing federal regulations, unless the department determines that an alternative form is necessary to substitute chemical release data reported under existing California-specific programs, to ensure that the information is consolidated. The department shall also prescribe the manner in which the information in the forms shall be transmitted. (e) The department shall post a copy of each form received from each facility that is subject to the program on the department’s publicly available Internet Web site. (Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)
  146. 25546.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. )

    Verify source ↗

    The department may adopt emergency regulations to implement the program.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 4. California Toxic Release Inventory Program Act of 2007 [25546 - 25546.5] ( Article 4 added by Stats. 2007, Ch. 616, Sec. 1. ) ## 25546.5. (a) The department may adopt regulations to implement the program as emergency regulations. The emergency regulations adopted pursuant to this section shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is hereby deemed an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner. (Added by Stats. 2007, Ch. 616, Sec. 1. Effective January 1, 2008.)
  147. 25547.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 5. Spill Prevention and Response for Railroads [25547 - 25547.8] ( Article 5 added by Stats. 2014, Ch. 533, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the railroad spill prevention and response article.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 5. Spill Prevention and Response for Railroads [25547 - 25547.8] ( Article 5 added by Stats. 2014, Ch. 533, Sec. 1. ) ## 25547. For purposes of this article, the following terms have the following meanings: (a) “Bakken oil” means petroleum crude oil, Class 3, sourced from the Bakken shale formation in the Williston Basin. (b) “Hazardous material” means a substance or material that the United States Secretary of Transportation has determined to be capable of posing an unreasonable risk to the health, safety, and property of residents when transported in commerce and has been designated as hazardous pursuant to Section 5103 of Title 49 of the United States Code. Hazardous material includes hazardous substances, as defined in Section 25501, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in Section 172.101 of Title 40 of the Code of Federal Regulations, and materials that meet the defining criteria for hazard classes and divisions in Part 173 of Title 49 of the Code of Federal Regulations. (c) “Hazardous materials emergency response plan” shall have the same meaning as “emergency response program to hazardous substance release” set forth in Section 1910.120(q) of Title 29 of the Code of Federal Regulations. (d) “Office” means the Office of Emergency Services. (e) “Oil” has the same meaning as in Section 8670.3 of the Government Code. (f) “Rail carrier” means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation. (Added by Stats. 2014, Ch. 533, Sec. 1. (AB 380) Effective January 1, 2015.)
  148. 25547.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 5. Spill Prevention and Response for Railroads [25547 - 25547.8] ( Article 5 added by Stats. 2014, Ch. 533, Sec. 1. )

    Verify source ↗

    Rail carriers must submit periodic commodity flow and Bakken oil movement information to the office, and the office must share relevant information for emergency response planning.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 5. Spill Prevention and Response for Railroads [25547 - 25547.8] ( Article 5 added by Stats. 2014, Ch. 533, Sec. 1. ) ## 25547.2. (a) No later than January 31, 2015, and every three months thereafter, a rail carrier shall prepare and submit to the office commodity flow data for the prior three months broken down by county and track route relevant to the 25 largest hazardous material commodities transported through the state, including tank cars loaded with oil cargo. The commodity flow data shall conform to all of the following: (1) Be in accordance with Subpart G of Part 172 of Title 49 of the Code of Federal Regulations and in Standard Transportation Commodity Code numeric sequence. (2) Include a description of the hazardous material or oil cargo and commodity name organized by number of carload type, including tank cars and gondola cars, intermodal loads, including trailers, containers and tank containers, and total loads transported within a county over the prior three months. (b) The office shall provide access to commodity flow data as authorized by Part 15 (commencing with Section 15.1), Part 1520 (commencing with Section 1520.1), and Part 172 (commencing with Section 172.1) of Title 49 of the Code of Federal Regulations and Section 11904 of Title 49 of the United States Code. (c) (1) Beginning January 31, 2015, consistent with the United States Department of Transportation’s Emergency Order Docket No. DOT-OST-2014-0067, and any subsequent amendments to that order, a rail carrier shall prospectively estimate and submit to the office notification of the weekly movements of trains through a county, including, but not limited to, track route and volumes of shipments of Bakken oil in amounts equal to or greater than one million (1,000,000) gallons per train consist. A rail carrier shall update the notification provided pursuant to this paragraph once every six months. (2) Notwithstanding paragraph (1), a rail carrier shall update and notify the office within 30 days of the rail carrier determining that there will be a material change in the estimated volume of Bakken oil plus or minus 25 percent per week relative to the most recent estimate previously submitted to the office. (d) The office shall disseminate information necessary for developing emergency response plans from the reports prepared pursuant to subdivisions (a) and (c) in whole or in summary form to a unified program agency, as defined in Section 25501, when the office determines a unified program agency area of responsibility may be impacted by a hazardous material or oil cargo spill. Rail carriers shall provide additional information to the office related to the specific commodity flow data and Bakken oil to assist a unified program agency with its emergency response planning. (Added by Stats. 2014, Ch. 533, Sec. 1. (AB 380) Effective January 1, 2015.)
  149. 25547.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 5. Spill Prevention and Response for Railroads [25547 - 25547.8] ( Article 5 added by Stats. 2014, Ch. 533, Sec. 1. )

    Verify source ↗

    Each rail carrier must maintain a response management communications center that provides real-time spill and incident information to emergency response authorities.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 5. Spill Prevention and Response for Railroads [25547 - 25547.8] ( Article 5 added by Stats. 2014, Ch. 533, Sec. 1. ) ## 25547.4. Each rail carrier shall maintain a response management communications center, which shall provide real-time information to an authorized public safety answering point or 911 emergency response center about the train consist involved in a hazardous material or oil cargo spill or other critical incident, including, but not limited to, both of the following: (a) Hazardous material movement shipping papers, including a way bill or total trace, detailing the hazardous material or oil cargo. (b) Information that can assist the primary local public safety agency in containing and safely removing a hazardous material spill. (Added by Stats. 2014, Ch. 533, Sec. 1. (AB 380) Effective January 1, 2015.)
  150. 25547.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 5. Spill Prevention and Response for Railroads [25547 - 25547.8] ( Article 5 added by Stats. 2014, Ch. 533, Sec. 1. )

    Verify source ↗

    Rail carriers must give the office a summary of their hazardous materials emergency response plan, and that summary may not be posted on a public website.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 5. Spill Prevention and Response for Railroads [25547 - 25547.8] ( Article 5 added by Stats. 2014, Ch. 533, Sec. 1. ) ## 25547.6. (a) Each rail carrier shall provide the office with a summary of the rail carrier’s hazardous materials emergency response plan. The rail carrier’s hazardous materials emergency response plan summary shall not be posted on a public Internet Web site. (b) The office shall provide a copy of each summary report of a rail carrier’s hazardous materials emergency response plan to each unified program agency, as defined in Section 25501, when the office determines a unified program agency area of responsibility may be impacted by a rail carrier spill of hazardous material or oil cargo. The provision of the summary report of a rail carrier’s hazardous materials emergency response plan shall comply with Part 15 (commencing with Section 15.1), Part 1520 (commencing with Section 1520.1), and Part 172 (commencing with Section 172.1) of Title 49 of the Code of Federal Regulations and Section 11904 of Title 49 of the United States Code. (Added by Stats. 2014, Ch. 533, Sec. 1. (AB 380) Effective January 1, 2015.)
  151. 25547.8.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 5. Spill Prevention and Response for Railroads [25547 - 25547.8] ( Article 5 added by Stats. 2014, Ch. 533, Sec. 1. )

    Verify source ↗

    Recipients of certain reports and plans must follow specified federal access rules and must not disclose the information to unauthorized recipients.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8] ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. ) ## ARTICLE 5. Spill Prevention and Response for Railroads [25547 - 25547.8] ( Article 5 added by Stats. 2014, Ch. 533, Sec. 1. ) ## 25547.8. A recipient of the reports and plans provided pursuant to Sections 25547.2 and 25547.6 shall comply with Part 15 (commencing with Section 15.1), Part 1520 (commencing with Section 1520.1), and Part 172 (commencing with Section 172.1) of Title 49 of the Code of Federal Regulations and Section 11904 of Title 49 of the United States Code for the purposes of determining who may have access to the information contained in the reports and shall not divulge or make known that information to unauthorized recipients. Disclosure and dissemination of information in the reports shall be done to assist with emergency response planning. (Added by Stats. 2014, Ch. 533, Sec. 1. (AB 380) Effective January 1, 2015.)
  152. 25548.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. )

    Verify source ↗

    This section says the chapter limits hazardous-material liability for lenders and fiduciaries, and it does not apply to certain pre-1997 judicial actions, administrative orders, or enforcement proceedings.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. ) ## 25548. (a) The Legislature hereby finds and declares all of the following: (1) There is uncertainty in the law of this state with regard to the liability of lenders for hazardous material contamination involving property that is owned or used by borrowers, whether or not the property is collateral for the loan or obligation. (2) There is also uncertainty in the law of this state with regard to the liability of trustees, executors, and other fiduciaries for hazardous material contamination involving property that is part of the fiduciary estate. Fiduciaries understand that the fiduciary estate may have that liability, but are concerned that a fiduciary may have independent personal liability, despite the absence of personal culpability for the contamination. (3) The uncertainty as to liability or potential liability is attributable to the failure of existing law, except for the security interest exemption incorporated by reference in Section 78145, to recognize that usually the credit or fiduciary relationship is not sufficiently related to the hazardous material contamination to warrant, as a policy matter, the imposition of liability on lenders and fiduciaries. (b) It is the intent of the Legislature, in enacting this chapter, to specify the type of lender and fiduciary conduct that will not incur liability for hazardous material contamination. However, the liability exemption has appropriate boundaries. For example, the exemption will not protect lenders or fiduciaries in transactions that are structured for the purpose of evading liability for hazardous material contamination if the lender or fiduciary is not acting within its respective capacity, or if the contamination is caused by the lender or fiduciary. (c) This chapter does not apply to judicial actions filed, or administrative orders issued, before January l, 1997, or to proceedings to enforce judicial or administrative orders issued before January 1, 1997. (Amended by Stats. 2022, Ch. 258, Sec. 100. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  153. 25548.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter on hazardous materials liability of lenders and fiduciaries.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. ) ## 25548.1. As used in this chapter, the following terms have the following meaning: (a) “Actual benefit” means the amount, if any, realized by the lender upon the disposition of property acquired through foreclosure or its equivalent as a direct result of a removal or remedial action undertaken by another person, not to exceed the amount, if any, by which the disposition proceeds exceed the sum of the balance of all of the following: (1) The loan or obligation or the amount of the lien, evidenced by the loan or obligation outstanding at foreclosure or its equivalent. (2) The costs, including attorneys’ fees, incurred by the lender in connection with the foreclosure or its equivalent, subsequent ownership, any removal or remedial action, and disposition of the property. (b) “Borrower, debtor or obligor” means a person who is obligated to a lender under a loan or obligation, whether or not the lender maintains a security interest in that person’s property. (c) “Damages” includes compensatory damages, exemplary damages, punitive damages, and costs of every kind and nature, including, but not limited to, costs of a removal or remedial action. (d) “Fiduciary” means a person who is acting in any of the following capacities: (1) As trustee for a trust described in paragraph (1) or (2) of subdivision (a) of Section 82 of the Probate Code. (2) As a fiduciary in any arrangement described in paragraphs (1) to (3), inclusive, or paragraphs (5) to (14), inclusive, of subdivision (b) of Section 82 of the Probate Code. (3) A trustee appointed in proceedings under any state or federal bankruptcy law. (4) An assignee or a trustee acting under an assignment made for the benefit of creditors. (5) A court-appointed receiver. (e) “Finance lease” means a transaction with respect to which both of the following apply: (1) The lessor does not select or manufacture the goods or does not supply the goods, except in the case of a re-lease, whether it is created by a new transaction or substitution of the lessee. (2) The lessor acquires the goods or right to possession and use of the goods in connection with the lease or a prior lease transaction. (f) “Foreclosure or its equivalent” means the acquisition of property by a lender through any of the following: (1) Judicial or nonjudicial foreclosure of the lender’s security interest in the property or acceptance of a deed or other conveyance in satisfaction thereto. (2) Acceptance of a deed in lieu or other conveyance in satisfaction of a loan or obligation previously contracted. (3) Termination of a finance lease by consent or default. (4) Any other formal or informal manner, whether pursuant to law or under warranties, covenants, conditions, representations or promises from the borrower, by which the lender acquires, for subsequent disposition, actual possession of the property subject to a security interest. (g) “Hazardous material” has the same meaning as defined in subdivision (d) of Section 25260. (h) (1) “Indicia of ownership” means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including, but not limited to, any legal or equitable title to real or personal property acquired incident to foreclosure or its equivalent. (2) “Evidence of an interest” includes, but is not limited to, all of the following: (A) Mortgages. (B) Deeds of trust. (C) Liens. (D) Surety bonds and guarantees of obligations. (E) Title held pursuant to a finance lease in which the lessor does not select initially the leased property. (F) Legal or equitable title obtained pursuant to foreclosure or its equivalent. (G) Assignments, pledges, or other rights to, or other forms of, encumbrance against property that are held primarily to protect a security interest. (3) A person is not required to hold title or a security interest to maintain indicia of ownership. (i) “Lender” means a person to the extent of the capacity in which that person maintains indicia of ownership primarily to protect a security interest or makes, acquires, renews, modifies, or holds a loan or obligation from a borrower. “Lender” includes either of the following persons: (1) Any person who acts as, or on behalf of, a lender in connection with any aspect of the solicitation, negotiation, consummation, disbursement, administration, servicing, collection, enforcement, or foreclosure or its equivalent of a loan or obligation or security interest in property such as a surety, escrow, or title company. (2) Any person who makes, secures, acquires, or holds a loan or obligation or security interest by assignment, sale, pledge, subrogation, succession, or operation of law, or becomes the receiver for the holder of a loan or obligation or security interest. (j) “Loan or obligation” means a loan, revolving or nonrevolving line of credit, finance lease, sale-leaseback that provides for a purchase option in favor of the lessee, installment sale contract, sale on account, or other credit sale, letter of credit, forbearance or guaranty, collateral pledge, or other suretyship obligation, and any extension, renewal, or modification thereof. A loan or obligation may or may not involve a security interest in property. (k) (1) Except as provided in paragraphs (3) and (4), “participate (or participation) in the management of the property” means actual participation in the management or operational affairs of the property by the lender while the borrower, under the loan or obligation, is in possession of the property, and the lender exercises decisionmaking control over the environmental compliance by the borrower, so that the lender assumes responsibility for the hazardous material handling or disposal practices of the borrower, or exercises control at a level comparable to that of a manager of the enterprise of the borrower, so that the lender assumes or manifests responsibility for the overall management of the enterprise encompassing the day-to-day decisionmaking of the enterprise with respect to either of the following: (A) Environmental compliance. (B) All, or substantially all, of the operational, as opposed to financial or administrative, aspects of the enterprise other than environmental compliance. (2) For purposes of paragraph (1), the following terms have the following meaning: (A) “Operational aspects of the enterprise” includes, but is not limited to, functions such as that of facility or plant manager, operations manager, chief operating officer, or chief executive officer. (B) “Financial or administrative aspects” includes, but is not limited to, functions such as that of a credit manager, accounts payable/receivable manager, personnel manager, controller, or chief financial officer. (3) Notwithstanding paragraph (1), “participation in the management of the property” does not include an act or omission by a prospective lender prior to making, acquiring, or holding a loan or obligation. “Participation in the management of the property” also does not include the actions taken by a prospective lender who undertakes or requires an environmental inspection of property prior to making, acquiring, or holding a loan or obligation. A lender or prospective lender does not “participate in the management of the property” if the lender or prospective lender requires the borrower to clean up the property or requires the borrower to comply or come into compliance with any applicable law or regulation. This chapter does not require a lender to conduct or require an inspection prior to foreclosure or its equivalent to qualify for the exemption provided by this chapter, and the liability of a lender shall not be based on or affected by whether the lender conducts or requires an inspection prior to foreclosure or its equivalent. (4) Loan policing and work out activities, as specified in paragraphs (5) and (6), that are consistent with holding ownership indicia primarily to protect a security interest and consistent with a loan or obligation made, acquired, or held primarily for purposes other than investment purposes, do not constitute participation in the management of the property. The authority for the lender to take those actions may, but are not required to, be contained in contractual or other documents specifying requirements for financial, environmental, and other warranties, covenants, conditions, representations, or promises from the borrower. Loan policing and work out activities include all activities up to foreclosure or its equivalent. (5) A lender who engages in loan policing activities prior to foreclosure or its equivalent is exempt from liability pursuant to this chapter if the lender does not, by those actions, participate in the management of the property. Those actions include, but are not limited to, all of the following: (A) Requiring the borrower to conduct a removal or remedial action during the term of the security interest or loan or obligation. (B) Requiring the borrower to comply or come into compliance with applicable federal, state, and local environmental and other laws during the term of the security interest or loan or obligation. (C) Securing or exercising authority to monitor or inspect the property, including onsite inspections, or the business or financial condition of the borrower during the term of the security interest or loan or obligation. (D) Taking other actions to adequately police the loan, obligation, or security interest, such as requiring the borrower to comply with any warranties, covenants, conditions, representations, or promises in connection with the security interest or loan or obligation. (6) (A) A lender who engages in work out activities prior to foreclosure or its equivalents is exempt from liability pursuant to this chapter if the lender does not, by those actions, participate in the management of the property. (B) “Work out” means those actions by which a lender, at any time prior to foreclosure or its equivalent, seeks to prevent, cure, or mitigate a default by the borrower, or to preserve or prevent the diminution of the value of the property, security interest, or loan or obligation. (C) Work out activities include, but are not limited to, all of the following: (i) Restructuring or renegotiating the terms of the loan, obligation, or security interest. (ii) Requiring payment of additional rent or interest. (iii) Exercising rights pursuant to an assignment of accounts or other amounts owing to a lender. (iv) Requiring or exercising rights pursuant to an escrow agreement pertaining to amounts owing to a lender. (v) Exercising forbearance. (vi) Providing specific or general financial or other advice, suggestions, counseling, or guidance. (vii) Exercising any right or remedy the lender is entitled to by law or under any warranties, covenants, conditions, representations, or promises from the borrower. (7) A lender does not participate in the management of the property by taking any response action under Section 107(d)(1) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Sec. 9607(d)(1)). However, the lender may be liable for damages, as defined by this chapter, that occur as a result of the gross negligence or willful misconduct of the lender in the lender’s performance of a response action under Section 107 (d)(1) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Sec. 9607(d)(1)). (l) “Person” means any entity, including, but not limited to, an individual, estate, trust, firm, business trust, joint stock company, corporation, partnership, joint venture, limited liability company, association, or government. “Person” includes, but is not limited to, any city, county, district, the state, or the federal government, or any department, subdivision, or agency thereof. (m) (1) “Primarily to protect a security interest” means that the indicia of ownership of a lender are held primarily for the purpose of securing payment or performance of an obligation. (2) “Primarily to protect a security interest” does not include indicia of ownership held primarily for investment purposes or indicia of ownership held primarily for purposes other than as protection for a security interest. A lender may have other, secondary reasons for maintaining indicia of ownership, but the primary reason that any indicia of ownership are held shall be as protection for a security interest. (n) “Property” means any real or personal property where hazardous materials are or were generated, handled, managed, deposited, stored, disposed of, placed, released, or otherwise have come to be located. In the context of a loan or obligation, “property” includes any real or personal property in which the obligor has or had an ownership, leasehold, or possessory interest, whether or not it was the subject of a security interest for the loan or obligation. (o) “Release” has the same meaning as defined in subdivision (a) of Section 78105. (p) “Remedial action” has the same meaning as defined in subdivision (g) of Section 25260. (q) “Removal” means the cleanup or removal of released hazardous materials from the environment or the taking of other actions that may be necessary to prevent, minimize, or mitigate damages that may otherwise result from a release or threatened release, as further defined in Section 101(23) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Sec. 9601(23)). (r) “Security interest” means an interest in a property created or established for the purpose of securing a loan or obligation. Security interests include, but are not limited to, mortgages, deeds of trust, liens, and title pursuant to a finance lease. Security interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, and accounts receivable financing arrangements and consignments if the transaction creates or establishes an interest in a property for the purpose of securing a loan or other obligation. (Amended by Stats. 2022, Ch. 258, Sec. 101. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  154. 25548.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. )

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    Lenders are generally exempt from liability for hazardous-materials-related claims tied to certain property, with listed exceptions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. ) ## 25548.2. (a) (1) Except as provided in Sections 25548.4 and 25548.5, a person, by reason of acting in the capacity of a lender, shall not be liable under any state or local statute, regulation, or ordinance to the extent of either of the following: (A) To the extent that the statute, regulation, or ordinance requires the person to take a removal or remedial action, pay a penalty, fine, imposition, or assessment, or to forfeit the property specified in paragraph (2), and that liability arises from the release or threatened release of hazardous materials, at, from, or in connection with the property. (B) To the extent that the statute, regulation, or ordinance authorizes damages arising from the release or threatened release of hazardous materials, at, from, or in connection with the property specified in paragraph (2). (2) The exemption from liability provided by paragraph (1) shall apply to the following property: (A) Property in which the lender maintains indicia of ownership primarily to protect a security interest. (B) Property that was acquired by the lender through foreclosure or its equivalent. (C) Property that is owned, leased, possessed, or used by a person who is obligated to the lender under a loan or obligation and in which the lender holds no security interest. (b) A lender who did not participate in the management of the property prior to foreclosure or its equivalent may sell, re-lease property held pursuant to a finance lease, whether by a new finance lease or by substitution of the lessee, liquidate, maintain business activities, wind up operations, undertake any response action under Section 107(d)(1) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. Sec. 9607(d)(1)) and take measures to preserve, protect, or prepare the property prior to sale or other disposition. The lender may conduct those activities without voiding the exemption set forth in subdivision (a), subject to the requirements of subdivision (a) of Section 25548.5. However, the lender may be liable for damages, as defined by this chapter, that occur as a result of the lender’s gross negligence or willful misconduct in the lender’s performance of a response action under Section 107(d)(1) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. Sec. 9607(d)(1). (Added by Stats. 1996, Ch. 612, Sec. 1. Effective January 1, 1997.)
  155. 25548.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. )

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    A fiduciary’s liability for certain hazardous-material claims is limited to the assets in the fiduciary estate, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. ) ## 25548.3. (a) Except as provided in Sections 25548.4 and 25548.5 of this code, and in Sections 18001 and 18002 of the Probate Code, the liability of a fiduciary to any person under any state or local statute, regulation, or ordinance, to the extent that the statute, regulation, or ordinance requires or permits a removal or remedial action as a result of, or authorizes the recovery of damages, payment of a penalty, fine, imposition, or assessment arising from, the release or threatened release of hazardous material at, from, or in connection with any property held at any time by the fiduciary as part of the fiduciary estate, shall be limited to, and satisfied only from, the assets held in the fiduciary estate. (b) This section does not expand the applicability of any state or local statute, regulation, or ordinance to a substance or material that is not otherwise subject to that statute, regulation, or ordinance. (Added by Stats. 1996, Ch. 612, Sec. 1. Effective January 1, 1997.)
  156. 25548.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. )

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    This section says the chapter does not remove lender or fiduciary protections, create new liability or a private lawsuit, or excuse compliance with applicable operational laws in the listed situations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. ) ## 25548.4. This chapter does not do any of the following: (a) Affect any rights, defenses, or immunities that are available to any lender or fiduciary under any applicable law. (b) Create any liability for any lender or fiduciary. (c) Create any private right of action against any lender or fiduciary. (d) Exempt or excuse a lender or fiduciary who operates or directs the operation, or maintains the operation, of the property from compliance with the operational requirements of applicable laws. Those operational requirements include, but are not limited to, permitting, reporting, monitoring, emission limitation, corrective action, financial responsibility and assurance requirements, requirements to take removal or remedial action to respond to a release or threatened release of hazardous materials caused by the lender or fiduciary and the requirements of Division 26 (commencing with Section 39000) of this code or of Division 7 (commencing with Section 13000) of the Water Code. Operational requirements include the payment of fees, fines, and penalties, and compliance with any other enforcement provisions that are applicable as a result of the operation, or the direction of the operation, or the maintenance of the operation, of the property by the lender or fiduciary. (e) Affect any liability of a fiduciary to a beneficiary of a fiduciary estate for breach of trust under Chapter 4 (commencing with Section 16400) of Part 4 of Division 9 of the Probate Code. (f) Affect any liabilities of a fiduciary estate. (g) Exempt a lender from liability imposed by Part 2 (commencing with Section 78000) of Division 45 for a removal or remedial action or the recovery of damages relating to a release or threatened release of hazardous material, to the extent that the lender is a responsible party pursuant to Section 107(a)(3) or (4) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. Sec. 9607(a)(3) or (4)). (h) Exempt a lender or fiduciary from any liability imposed by Chapter 6.5 (commencing with Section 25100). (i) Exempt or excuse a lender from liability under any state or local statute, regulation, or ordinance for a known or suspected release or known or suspected threatened release of hazardous materials caused by events or conditions occurring prior to foreclosure or its equivalent, unless, after taking possession of the property, the lender promptly takes each of the following actions in accordance with applicable law: (1) Suspends operations with respect to that portion of the property where the known or suspected release or known or suspected threatened release occurred or may occur. (2) Removes from the suspended operations and affected areas on the property, all hazardous material not released into the environment and secures the suspended operations. (3) Reports any known or suspected releases of hazardous material. (j) Limit the application or enforcement of Article 2 (commencing with Section 78675) or Article 4 (commencing with Section 78720) of Chapter 4 of Part 2 of Division 45 or other state or local fencing, posting, securing, notification, or reporting laws with regard to property that is acquired by a lender through foreclosure or its equivalent, to the extent that those requirements are otherwise applicable to the property. (k) Exempt a lender from compliance with an administrative order requiring immediate and temporary measures to prevent, abate, or minimize an emergency caused by a release or threatened release of hazardous material at, from, or in connection with, any property that has been acquired by the lender through foreclosure or its equivalent, when all of the following circumstances exist: (1) The release or threatened release presents an imminent and substantial endangerment to the public health or welfare or the environment. (2) No other person who is viable and potentially responsible for the release or threatened release has been identified and located by the agency issuing the order, following a reasonable effort by the agency to identify and locate any person who is viable and potentially responsible. (3) The costs and expenses incurred by the lender to comply with the administrative order do not exceed twenty-five thousand dollars ($25,000). (4) If the lender complies with the administrative order, the compliance would not, in and of itself, subject the lender to liability for a removal or remedial action or damages, fines, penalties, impositions, or assessments relating to the release or threatened release under any federal law. (l) (1) Exempt a lender who has acquired title to property through foreclosure or its equivalent from operation and maintenance requirements that were established on the property as a result of a removal or remedial action conducted on the property. (2) “Operation and maintenance requirements” include, but are not limited to, deed restrictions and requirements to maintain passive exposure controls and to perform monitoring. If there are requirements other than operation and maintenance requirements, which are applicable to the property to maintain the effectiveness of the removal or remediation action, the lender shall comply with those requirements unless the lender, upon foreclosure or its equivalent, notifies the appropriate agency that it does not intend to comply with the requirements and the agency concurs. (m) Require a lender to conduct, or require a lender to direct the taking of, an inspection of the property after foreclosure or its equivalent to qualify for the exemption provided by this chapter, and the liability of a lender shall not be based on, or affected by, the lender not conducting, or not requiring, an inspection of the property after foreclosure or its equivalent. (n) Require a fiduciary to conduct or require an inspection of the property in a fiduciary estate to qualify for the exemption provided by this chapter and the liability of the fiduciary shall not be based on, or affected by, the fiduciary not conducting or not requiring an inspection prior to holding the property as part of the fiduciary estate. (Amended by Stats. 2022, Ch. 258, Sec. 102. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  157. 25548.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. )

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    This section says the lender and fiduciary exemptions do not apply in several listed situations, including failures to dispose of property promptly, disclosure failures, certain hazardous-material conduct, lack of notice before voluntary cleanup, and other specified conduct.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. ) ## 25548.5. The exemptions set forth in Sections 25548.2 and 25548.3 shall not apply: (a) If, after foreclosure or its equivalent is conducted, the lender does not undertake to sell, re-lease property held pursuant to a finance lease, whether by a new finance lease or by substitution of the lessee, or otherwise undertake to be divested of the property in a reasonably expeditious manner, using whatever commercially reasonable means are relevant or appropriate with respect to the property, taking all facts and circumstances into consideration. For purposes of establishing that a lender is seeking to sell, re-lease property held pursuant to a finance lease, whether by a new finance lease or substitution of the lessee, or be divested of property in a reasonably expeditious manner, the lender may use whatever commercially reasonable means as are relevant or appropriate with respect to the property, or may employ the following means: (1) For purposes of this subdivision, the exemption set forth in subdivision (a) of Section 25548.2 shall apply following foreclosure or its equivalent, if, within 12 months following foreclosure or its equivalent, the lender does either of the following: (A) Lists the property for sale, re-lease, or other disposition with a broker, dealer, or agent who deals with that type of property. (B) Advertises the property for sale, re-lease, or other disposition on at least a monthly basis in either of the following: (i) A real estate publication or trade or other publication suitable for advertising the property. (ii) A newspaper of general circulation, which is a newspaper with a circulation over 10,000 or one suitable under any applicable federal, state, or local rules of court for publication required by court order or rules of civil procedure, covering the area where the property is located. (2) For purposes of this subdivision, the 12-month period shall begin to run from the date that the lender acquires marketable title to the property if the lender, after the expiration of any redemption or other waiting period provided by law, has acted diligently to acquire marketable title. If the lender has failed to act diligently to acquire marketable title, the 12-month period shall begin to run on the date of foreclosure or its equivalent. (b) If, after foreclosure or its equivalent, the lender does not comply with all applicable statutes, regulations, or ordinances that require the disclosure of information or conditions regarding the property to any person. (c) If the fiduciary’s negligent or intentional or reckless conduct causes or contributes to the release or threatened release of a hazardous material at, from, or in connection with a property held by the fiduciary as part of the fiduciary estate. (d) With respect to liability that arises from a voluntary removal or remedial action taken by a fiduciary if, prior to initiating a voluntary removal or remedial action, the fiduciary does not notify the appropriate agency of the fiduciary’s intent to conduct that action. (e) With respect to liability that arises from conduct of, or ownership of the property by, the lender or fiduciary, other than in its capacity as a lender or fiduciary. (f) Where the loan or obligation or fiduciary relationship or fiduciary transaction is structured for the purpose of evading liability for a release or threatened release of hazardous materials. (g) If the fiduciary is both a beneficiary and fiduciary with respect to the same fiduciary estate, or as a fiduciary, receives benefits that exceed customary or reasonable compensation for the administration of the property permitted under other applicable law. (h) To the extent of the actual benefit, if any, realized by a lender upon the disposition of property acquired through foreclosure or its equivalent as a result of a removal or remedial action undertaken by another person. (i) If the lender participated in the management of the property before foreclosure or its equivalent, except that the lender’s liability shall be limited to any release or threatened release which occurred while the lender participated in the management of the property. (j) If the lender, by an act or failure to act caused or contributed to the release or threatened release of the hazardous material. (k) If the lender made, secured, held, or acquired the loan or obligation primarily for investment purposes. (l) If the lender outbids, rejects, or fails to act upon an offer of fair consideration for the property acquired through foreclosure or its equivalent, unless the lender is required, to avoid liability under federal or state law, to make a higher bid, to obtain a higher offer, or to seek or obtain an offer in a different manner. For purposes of this subdivision, the following terms shall have the following meaning: (1) (A) “Fair consideration” means the sum of all of the following less the amounts specified in subparagraph (B): (i) The value of the security interest or loan or obligation calculated as an amount equal to or in excess of, the sum of the outstanding principal, or comparable amount in the case of a finance lease, owed to the lender immediately preceding the acquisition of full title pursuant to foreclosure or its equivalent. (ii) Any unpaid interest, rent, or penalties, whether arising before or after foreclosure or its equivalent. (iii) All reasonable and necessary costs, fees, or other charges incurred by the lender incident to workout, foreclosure or its equivalent, retention, maintaining the business activities of the enterprise, preserving, protecting, and preparing the property prior to sale, re-leasing the property held pursuant to a finance lease, whether by a new finance lease or substitution of the lessee, or other disposition. (iv) The lender’s costs incurred for any removal or remedial action, including but not limited to, response costs for response action taken by the lender under Section 107(d)(1) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. Sec. 9607(d)(1)). (B) In determining fair consideration, the following amounts shall be subtracted from the sum calculated pursuant to subparagraph (A): (i) Any amounts received by the lender in connection with any partial disposition of the property. (ii) Net revenues received as a result of maintaining the business activities of the enterprise. (iii) Any amounts paid by the borrower subsequent to the acquisition of full title pursuant to foreclosure or its equivalent. (C) In the case of a lender holding a junior security interest, junior loan, or junior obligation, “fair consideration” is the value of all outstanding higher priority security interests, loans or obligations plus the value of the security interest, loan or obligation held by the junior holder, calculated as set forth in this paragraph. (2) “Outbids, rejects, or fails to act upon an offer of fair consideration” means that the lender outbids, rejects, or fails to act upon within 90 days from the date of receipt of a written, bona fide and firm offer of fair consideration for the property received at any time after six months following foreclosure or its equivalent. That six-month period shall begin to run from the date that the lender acquires marketable title, if the lender, after the expiration of any redemption or other waiting period provided by law, has acted diligently to acquire marketable title. If the lender has failed to act diligently to acquire marketable title, the six-month period shall begin to run on the date of foreclosure or its equivalent. (3) “Written, bona fide and firm offer” means a legally enforceable, commercially reasonable, cash offer solely for the property, including all material terms of the transaction, from a ready, willing, and able purchaser who demonstrates to the lender’s satisfaction the ability to perform. (Added by Stats. 1996, Ch. 612, Sec. 1. Effective January 1, 1997.)
  158. 25548.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. )

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    A lender that complies with this chapter for foreclosed property is not, by that fact alone, liable for hazardous-material release claims or related cleanup costs and penalties.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. ) ## 25548.6. A lender’s compliance with the requirements of this chapter with regard to property that has been acquired by the lender through foreclosure or its equivalent shall not, in and of itself subject the lender to liability under any law for a removal or remedial action or damages, penalties, fines, impositions, or assessments relating to the release or threatened release of hazardous materials, as defined in subdivision (g) of Section 25548.1. (Added by Stats. 1996, Ch. 612, Sec. 1. Effective January 1, 1997.)
  159. 25548.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. )

    Verify source ↗

    A chapter provision becomes inoperative if its use would conflict with federal law and cause certain federal penalties, approvals losses, or funding losses; the rest of the chapter remains severable.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.96. Hazardous Materials Liability of Lenders and Fiduciaries [25548 - 25548.7] ( Chapter 6.96 added by Stats. 1996, Ch. 612, Sec. 1. ) ## 25548.7. (a) If a provision of this chapter would result in any of the actions specified in subdivision (b), the provision shall be deemed inoperative. However, the inoperation of a provision shall not affect other provisions or applications of this chapter which can be given effect without the inoperative provision and to this end the provisions of this chapter are severable. (b) Subdivision (a) shall apply if any provision of this chapter is inconsistent with federal law and the use or application of the provision would result in any of the following actions: (1) The imposition of a penalty by a federal agency on the state or any local agency. (2) A loss of federal authorization or loss of federal approval of a program conducted by the state or local agency. (3) A loss of federal funding to the state or any local agency for a program. (Added by Stats. 1996, Ch. 612, Sec. 1. Effective January 1, 1997.)
  160. 25550.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.97. Hazardous Materials Information and Consulting Services [25550 - 25553] ( Chapter 6.97 added by Stats. 1987, Ch. 1432, Sec. 1. )

    Verify source ↗

    A county must meet with local business representatives if asked, and may set up a hazardous materials information and consulting service if it finds a need and has, or can reasonably secure, the technical expertise.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.97. Hazardous Materials Information and Consulting Services [25550 - 25553] ( Chapter 6.97 added by Stats. 1987, Ch. 1432, Sec. 1. ) ## 25550. If requested by an organization representing local businesses, a county shall meet with representatives of local businesses to determine whether there is a need for a hazardous materials information and consulting service to assist businesses in that county. If the county determines there is a need for the service, and the county possesses or could reasonably secure the necessary technical expertise, the county may establish a hazardous materials information and consulting service to provide the services specified in Section 25551, subject to the prosecution policies developed pursuant to Section 25552, to all the following persons: (a) Any person subject to Chapter 6.5 (commencing with Section 25100), including, but not limited to, any person discharging hazardous waste into a surface impoundment pursuant to Article 9.5 (commencing with Section 25208) of Chapter 6.5. (b) The owner or operator of an underground storage tank subject to Chapter 6.7 (commencing with Section 25280). (c) Any business required to establish and implement a business plan for emergency response pursuant to Chapter 6.95 (commencing with Section 25500). (Added by Stats. 1987, Ch. 1432, Sec. 1.)
  161. 25551.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.97. Hazardous Materials Information and Consulting Services [25550 - 25553] ( Chapter 6.97 added by Stats. 1987, Ch. 1432, Sec. 1. )

    Verify source ↗

    A county that sets up a hazardous materials information and consulting service must provide information, answer phone inquiries, offer onsite consultations on request, and hold or attend seminars and meetings when invited.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.97. Hazardous Materials Information and Consulting Services [25550 - 25553] ( Chapter 6.97 added by Stats. 1987, Ch. 1432, Sec. 1. ) ## 25551. A county which establishes a hazardous materials information and consulting service pursuant to this chapter shall do all of the following: (a) Develop informational materials or adapt existing materials on the regulatory programs specified in Section 25550 and publicize the availability of this information. (b) Respond to telephone inquiries with verbal or written information. (c) Conduct onsite consultations on the request of a person specified in Section 25550. (d) Conduct seminars for business representatives and attend meetings, when invited, to explain the regulatory programs specified in Section 25550 and the service’s availability. (Added by Stats. 1987, Ch. 1432, Sec. 1.)
  162. 25551.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.97. Hazardous Materials Information and Consulting Services [25550 - 25553] ( Chapter 6.97 added by Stats. 1987, Ch. 1432, Sec. 1. )

    Verify source ↗

    A county may contract with another county or make an agreement with nearby counties to provide consulting services for businesses in a multicounty region.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.97. Hazardous Materials Information and Consulting Services [25550 - 25553] ( Chapter 6.97 added by Stats. 1987, Ch. 1432, Sec. 1. ) ## 25551.2. A county may contract with another county, or enter into a memorandum of agreement with one or more nearby counties, to provide consulting services for businesses within a multicounty region. (Added by Stats. 1987, Ch. 1432, Sec. 1.)
  163. 25552.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.97. Hazardous Materials Information and Consulting Services [25550 - 25553] ( Chapter 6.97 added by Stats. 1987, Ch. 1432, Sec. 1. )

    Verify source ↗

    A county program under Section 25550 must consult the county district attorney before setting a fee structure, and compliance schedules cannot be negotiated.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.97. Hazardous Materials Information and Consulting Services [25550 - 25553] ( Chapter 6.97 added by Stats. 1987, Ch. 1432, Sec. 1. ) ## 25552. (a) A county that establishes a program pursuant to Section 25550 shall, prior to establishing a fee structure pursuant to subdivision (a) of Section 25553, consult with the district attorney for that county to develop policies to be followed by the district attorney in making decisions concerning prosecution of violations discovered pursuant to this chapter. These policies shall include, but are not limited to, consideration of the following: (1) Whether the violation is a knowing, willful, negligent, or inadvertent violation. (2) Whether the violator agrees to the schedule of compliance specified by the county. (3) Whether the violation was discovered during an onsite consultation carried out pursuant to this chapter. (b) Schedules for compliance referred to in subdivision (a) shall not be subject to negotiation between the county and the violator. (c) A county may take enforcement action, or refer for enforcement action, a violation subject to the policies adopted pursuant to subdivision (a) if the violation involves an imminent or substantial endangerment to public health and safety or the environment. If a county refers a violator for enforcement action to the appropriate state or local agency pursuant to this subdivision, the county shall include any recommendations for cleanup or abatement of the violation and information on whether the violator has voluntarily attempted to comply with the statute or regulation. (Added by Stats. 1987, Ch. 1432, Sec. 1.)
  164. 25553.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.97. Hazardous Materials Information and Consulting Services [25550 - 25553] ( Chapter 6.97 added by Stats. 1987, Ch. 1432, Sec. 1. )

    Verify source ↗

    A county may adopt a fee schedule for businesses requesting chapter services, but the fees must only cover the county’s costs and be developed with local business representatives.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.97. Hazardous Materials Information and Consulting Services [25550 - 25553] ( Chapter 6.97 added by Stats. 1987, Ch. 1432, Sec. 1. ) ## 25553. (a) (1) Each county may, upon a majority vote of the governing body, adopt a schedule of fees to be collected from businesses which request the services provided by this chapter. The fee schedule shall be developed by the county in consultation with local business representatives. The fee shall be set in an amount sufficient to pay only those costs incurred by the county in carrying out this chapter. In determining the fee schedule, the administering agency shall consider the volume and degree of hazard potential of the hazardous materials handled by the business. (2) A county may seek supplemental funds for the support of activities carried out pursuant to this chapter from existing state funds which are available to local governmental entities for the costs of waste control and enforcement programs, to the extent that use of the funds will alleviate the disposal of hazardous wastes in solid waste landfills. (b) A county which has established a hazardous materials information and consulting service pursuant to this chapter shall provide these services to an individual business which has not been assessed a fee as determined by the schedule adopted pursuant to subdivision (a). A business provided services pursuant to this subdivision shall pay a fee to the county for these services at a rate set by the county. (Added by Stats. 1987, Ch. 1432, Sec. 1.)
  165. 25910.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.3. Spraying of Asbestos [25910 - 25913] ( Chapter 10.3 added by Stats. 1974, Ch. 1432. )

    Verify source ↗

    This section generally prohibits spraying asbestos-containing substances in or on buildings during construction, alteration, or repair, and also bars related sale, transfer, purchase, or manufacture of such substances, subject to listed exemptions.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.3. Spraying of Asbestos [25910 - 25913] ( Chapter 10.3 added by Stats. 1974, Ch. 1432. ) ## 25910. (a) Except as provided in subdivision (c), (d), or (e), no person shall cause or permit the spraying of any substance containing any amount of asbestos in or upon a building or other structure during its construction, alteration, or repair. (b) Except as provided in subdivision (c), (d), or (e), no person shall sell, transfer, purchase, or manufacture, including mix, compound, slurry, suspend, or in any other way prepare any substance containing any amount of asbestos which would, if sprayed in or upon a building or other structure during its construction, alteration, or repair, be regulated pursuant to subdivision (a). (c) (1) Portland cement plaster containing less than one-half of 1 percent asbestos shall be exempt from the provisions of this chapter until July 1, 1979. (2) Pursuant to the provisions of Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code, on or before June 1, 1979, the Occupational Safety and Health Standards Board shall conduct public hearings for the purpose of establishing classifications of methods and processes which are exempt from the prohibition of subdivision (a) for the use of portland cement plaster which contains less than one-half of 1 percent asbestos if no economically feasible method or process of spraying portland cement plaster which does not contain asbestos is commercially available. The board shall, on or before July 1, 1979, establish by regulation such classifications, if any, of methods and processes for the use of portland cement plaster which contains less than one-half of 1 percent asbestos which the board determines are exempt from the prohibition of subdivision (a). After July 1, 1979, the board may, after public hearings, amend, add, or repeal such regulations. (3) During any use, spraying, application, handling, storage, repair, disposal, processing, or transportation of portland cement plaster containing asbestos, the person who causes or permits such acts pursuant to an exemption provided in, or adopted pursuant to, this subdivision shall comply with the provisions of Section 5208, Title 8, California Administrative Code as it exists on the effective date of the amendments to this section enacted by the Statutes of 1978 or as such provisions may, thereafter, be amended. However, on or before July 1, 1979, the board shall adopt regulations, and make such regulations operative on July 1, 1979, to establish the time weighted average concentration limits and ceiling concentration limits for employee exposure to airborne asbestos fibers arising from any use, spraying, application, handling, storage, repair, disposal, processing, or transportation of portland cement plaster containing asbestos pursuant to an exemption adopted pursuant to this subdivision at levels no higher than the levels contained in subparagraph (A), paragraph (1), subdivision (g) of Section 5208, Title 8, California Administrative Code, as it exists on the effective date of the amendments to this section enacted by the Statutes of 1978 or as such regulations may, thereafter, be amended. (d) (1) Exterior and interior coatings and laminating resins containing encapsulated asbestos fibers bound within the finished product from manufacture through application, and cold process asphalt roof coatings, shall be exempt from the provisions of this chapter until July 1, 1979. (2) Pursuant to the provisions of Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code, on or before June 1, 1979, the Occupational Safety and Health Standards Board shall conduct public hearings for the purpose of establishing classifications of use of products defined in paragraph (1) of this subdivision which are exempt from the prohibition of subdivision (a). The board shall, on or before July 1, 1979, establish by regulation such classifications, if any, of the use of products defined in paragraph (1) of this subdivision which the board determines are exempt from the prohibition of subdivision (a). After July 1, 1979, the board may, after public hearings, amend, add, or repeal such regulations. During any use, spraying, application, handling, storage, repair, disposal, processing, or transportation of such products, the person who causes or permits such acts pursuant to an exemption provided in, or adopted pursuant to, this subdivision shall comply with the provisions of Section 5208, Title 8, California Administrative Code as it exists on the effective date of the amendments to this section enacted by the Statutes of 1978 or may, thereafter, be amended. However, on or before July 1, 1979, the board shall adopt regulations, and make such regulations operative on July 1, 1979, to establish the time weighted average concentration limits for employee exposure to airborne asbestos fibers arising from any use, spraying, application, handling, storage, repair, disposal, processing, or transportation of exterior and interior coatings and laminating resins containing asbestos fibers contained within the finished product from manufacture through application, and cold process asphalt roof coatings pursuant to an exemption adopted pursuant to this subdivision at levels no higher than the levels contained in subparagraph (A), paragraph (1), subdivision (g) of Section 5208, Title 8, California Administrative Code, as it exists on the effective date of the amendments to this section enacted by the Statutes of 1978 or as such regulations may, thereafter, be amended. (e) (1) Any substance which contains less than one-quarter of 1 percent asbestos which occurs solely as a result of naturally occurring impurities in the substance or its components shall be exempt from the provisions of this chapter until July 1, 1979. (2) Pursuant to the provisions of Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code, on or before June 1, 1979, the Occupational Safety and Health Standards Board shall conduct public hearings for the purpose of establishing classifications of use of products defined in paragraph (1) of this subdivision which are exempt from the prohibition of subdivision (a). The board shall, on or before July 1, 1979, establish by regulation such classifications, if any, of the use of products defined in paragraph (1) of this subdivision which the board determines are exempt from the prohibition of subdivision (a). After July 1, 1979, the board may, after public hearings, amend, add, or repeal such regulations. (3) During any use, spraying, application, handling, storage, repair, disposal, processing, or transportation of such products, the person who causes or permits such acts pursuant to an exemption provided in, or adopted pursuant to, this subdivision shall comply with the provisions of Section 5208, Title 8, California Administrative Code as it exists on the effective date of the amendments to this section enacted by the Statutes of 1978 or may, thereafter, be amended. However, on or before July 1, 1979, the board shall adopt regulations, and make such regulations operative on July 1, 1979, to establish the time weighted average concentration limits and ceiling concentration limits for employee exposure to airborne asbestos fibers arising from any use, spraying, application, handling, storage, repair, disposal, processing, or transportation of any substance which contains less than one-quarter of 1 percent asbestos which occurs solely as a result of naturally occurring impurities in the substance or its components pursuant to an exemption adopted pursuant to this subdivision at levels no higher than the levels prescribed in subparagraph (A), paragraph (1), subdivision (g) of Section 5208, Title 8, California Administrative Code, as it exists on the effective date of the amendments to this section enacted by the Statutes of 1978 or as such regulations may, thereafter, be amended. (f) The adoption of classifications of methods or processes or uses which are exempted from the prohibition of subdivision (a) by the Occupational Safety and Health Standards Board made pursuant to this section shall not in any way limit or prevent any inspections by the Division of Industrial Safety of the Department of Industrial Relations. The provisions of this section shall not supersede or in any way limit the requirements for monitoring and complying with the airborne asbestos fiber exposure limits, employee protective requirements, and reporting requirements of Section 24230 of this code, of Section 142.3 or 6500 of the Labor Code, or of the rules and regulations adopted pursuant thereto. (Amended by Stats. 1978, Ch. 1001.)
  166. 25910.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.3. Spraying of Asbestos [25910 - 25913] ( Chapter 10.3 added by Stats. 1974, Ch. 1432. )

    Verify source ↗

    The State Department of Health Services must adopt asbestos regulations when it finds the use is dangerous to public health, and it must enforce those regulations.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.3. Spraying of Asbestos [25910 - 25913] ( Chapter 10.3 added by Stats. 1974, Ch. 1432. ) ## 25910.5. (a) The State Department of Health Services shall adopt regulations prohibiting or regulating the use of asbestos notwithstanding Section 25910 if the state department finds that such use is dangerous to the public health. (b) The State Department of Health Services shall enforce the regulations adopted pursuant to this section, and may commence and maintain all proper actions to enjoin and abate violations of such regulations or to compel the performance of any act specifically required of any person, officer, or board by such regulations to protect and preserve the public health. (Added by Stats. 1978, Ch. 377.)
  167. 25911.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.3. Spraying of Asbestos [25910 - 25913] ( Chapter 10.3 added by Stats. 1974, Ch. 1432. )

    Verify source ↗

    Violating this chapter is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.3. Spraying of Asbestos [25910 - 25913] ( Chapter 10.3 added by Stats. 1974, Ch. 1432. ) ## 25911. Any violation of this chapter shall be a misdemeanor. (Added by Stats. 1974, Ch. 1432.)
  168. 25912.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.3. Spraying of Asbestos [25910 - 25913] ( Chapter 10.3 added by Stats. 1974, Ch. 1432. )

    Verify source ↗

    Certain building departments or enforcement agencies must revoke a building permit, or require corrective action, when asbestos is being applied in violation of Section 25910.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.3. Spraying of Asbestos [25910 - 25913] ( Chapter 10.3 added by Stats. 1974, Ch. 1432. ) ## 25912. Any building department of any city, county, city and county, or other enforcement agency charged with issuance and enforcement of building permits shall revoke any building permit if asbestos is being applied in violation of Section 25910 or require that corrective action be taken. (Added by Stats. 1977, Ch. 98.)
  169. 25913.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.3. Spraying of Asbestos [25910 - 25913] ( Chapter 10.3 added by Stats. 1974, Ch. 1432. )

    Verify source ↗

    This section assigns enforcement roles for asbestos-spraying rules between occupational safety officials and the state health department.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.3. Spraying of Asbestos [25910 - 25913] ( Chapter 10.3 added by Stats. 1974, Ch. 1432. ) ## 25913. (a) (1) The Division of Occupational Safety and Health of the Department of Industrial Relations shall enforce this chapter with respect to the safety of employees as provided in Part 1 (commencing with Section 6300) of Division 5 of the Labor Code. (2) However, the Division of Occupational Safety and Health shall be responsible for the enforcement of subdivision (b) of Section 25910 only with respect to the manufacture of the substances described there, only when workers are handling such substances, and only if the division or any employee or agent of the division becomes aware of such manufacture. Furthermore, in such cases, the division shall enforce subdivision (b) of Section 25910 by issuing an order prohibiting use or entry, pursuant to the procedure described in Sections 6325 to 6327, inclusive, of the Labor Code, regardless of whether there exists employee exposure, a dangerous condition, improper guarding, dangerous placement, or an imminent hazard, and at any hearing concerning the validity of such an order, no proof need be tendered by the division concerning employee exposure, dangerous condition, improper guarding, dangerous placement, or imminent hazard. (b) The State Department of Health Services shall have the responsibility for the administration and enforcement of this chapter with respect to its environmental and public health purposes and may commence and maintain all proper and necessary actions to enjoin activities constituting violations of this chapter or to compel the performance of any act specifically required of any person, officer, or board by this chapter with respect to the environmental and public health purposes of this chapter. The state department shall enforce the provisions of Section 25910 in any circumstances or facilities except as provided in subdivision (a) of this section, and, in such event, may notify the Division of Occupational Safety and Health of any violations of such provisions within its jurisdiction. (Amended by Stats. 1980, Ch. 676.)
  170. 25914.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.35. Asbestos and Hazardous Substance Removal Contracts [25914 - 25914.3] ( Chapter 10.35 added by Stats. 1991, Ch. 789, Sec. 1. )

    Verify source ↗

    The Legislature states that work done for a public or private entity or person should be performed properly to protect public health and safety when asbestos or hazardous substances are being removed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.35. Asbestos and Hazardous Substance Removal Contracts [25914 - 25914.3] ( Chapter 10.35 added by Stats. 1991, Ch. 789, Sec. 1. ) ## 25914. The Legislature hereby finds and declares that it is the public policy of the state to ensure that work performed on behalf of the public or private entity or person be done properly to safeguard the public health and safety when removing asbestos and hazardous substances. (Added by Stats. 1991, Ch. 789, Sec. 1.)
  171. 25914.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.35. Asbestos and Hazardous Substance Removal Contracts [25914 - 25914.3] ( Chapter 10.35 added by Stats. 1991, Ch. 789, Sec. 1. )

    Verify source ↗

    This section defines “asbestos,” “asbestos-related work,” and “hazardous substance removal” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.35. Asbestos and Hazardous Substance Removal Contracts [25914 - 25914.3] ( Chapter 10.35 added by Stats. 1991, Ch. 789, Sec. 1. ) ## 25914.1. For purposes of this chapter, the following definitions shall apply: (a) “Asbestos” has the same meaning as defined in Section 6501.7 of the Labor Code. (b) “Asbestos-related work,” is defined in Chapter 6 (commencing with Section 6500) of Part 1 of Division 5 of the Labor Code, including Section 6501.8 of the Labor Code, and involves 100-square feet or more of surface area of asbestos-containing material and is such that it requires that the contractor who performs the work must be certified in accordance with subdivision (a) of Section 7058.5 of the Business and Professions Code. (c) “Hazardous substance removal” has the same meaning as used in Section 7058.7 of the Business and Professions Code. (Added by Stats. 1991, Ch. 789, Sec. 1.)
  172. 25914.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.35. Asbestos and Hazardous Substance Removal Contracts [25914 - 25914.3] ( Chapter 10.35 added by Stats. 1991, Ch. 789, Sec. 1. )

    Verify source ↗

    Asbestos-related and hazardous substance removal work may need a separate contract, and contractors must stop affected work and report suspected hazards in writing when they encounter them.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.35. Asbestos and Hazardous Substance Removal Contracts [25914 - 25914.3] ( Chapter 10.35 added by Stats. 1991, Ch. 789, Sec. 1. ) ## 25914.2. (a) All asbestos-related work and hazardous substance removal shall be performed pursuant to a contract separate from any other work to be performed, when the presence of asbestos or hazardous substances is not disclosed in the bid or contract documents. (b) All asbestos-related and hazardous substance removal work which is disclosed in the bid or contract documents shall not require a separate contract from any other work to be performed. (c) In the event the contractor encounters on the site materials he or she reasonably believes to be asbestos or a hazardous substance, and the asbestos or hazardous substance has not been rendered harmless, the contractor may continue work in unaffected areas reasonably believed safe, and shall immediately cease work on the area affected and report the condition to the owner, or the owner’s representative, or architect in writing. (d) With regard to a public entity, if an emergency condition arises, as defined in Section 10122 or 22035 of the Public Contract Code, then all asbestos-related and hazardous substance removal shall be contracted and performed pursuant to Section 10122 or 22035 of the Public Contract Code, respectively. Contractors performing the work shall have all registration and certificates required pursuant to the Labor Code and the Business and Professions Code. (Added by Stats. 1991, Ch. 789, Sec. 1.)
  173. 25914.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.35. Asbestos and Hazardous Substance Removal Contracts [25914 - 25914.3] ( Chapter 10.35 added by Stats. 1991, Ch. 789, Sec. 1. )

    Verify source ↗

    A contractor who is not certified under the cited business and professions section may bid on an asbestos-related project if the asbestos work is done by a contractor who is both registered and certified under the cited labor and professions sections.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.35. Asbestos and Hazardous Substance Removal Contracts [25914 - 25914.3] ( Chapter 10.35 added by Stats. 1991, Ch. 789, Sec. 1. ) ## 25914.3. Notwithstanding any other provision of law, a contractor who is not certified pursuant to Section 7058.6 of the Business and Professions Code may bid on a project involving asbestos related work so long as the asbestos-related work is performed by a contractor who is registered pursuant to Section 6501.5 of the Labor Code and certified pursuant to Section 7058.6 of the Business and Professions Code. (Added by Stats. 1991, Ch. 789, Sec. 1.)
  174. 25915.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

    Verify source ↗

    Owners of pre-1979 buildings who know the building contains asbestos must notify their employees working there about specified asbestos information.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25915. (a) Notwithstanding any other provision of law, the owner of any building constructed prior to 1979, who knows that the building contains asbestos-containing construction materials, shall provide notice to all employees of that owner working within the building concerning all of the following: (1) The existence of, conclusions from, and a description or list of the contents of, any survey known to the owner conducted to determine the existence and location of asbestos-containing construction materials within the building, and information describing when and where the results of the survey are available pursuant to Section 25917. (2) Specific locations within the building known to the owner, or identified in a survey known to the owner, where asbestos-containing construction materials are present in any quantity. (3) General procedures and handling restrictions necessary to prevent, and, if appropriate, to minimize disturbance, release, and exposure to the asbestos. If detailed handling instructions are necessary to ensure employee safety, the notice required by this section shall indicate where those instructions can be found. (4) A summary of the results of any bulk sample analysis, or air monitoring, or monitoring conducted pursuant to Section 5208 of Title 8 of the California Code of Regulations, conducted for or by the owner or within the owner’s control, including reference to sampling and laboratory procedures utilized, and information describing when and where the specific monitoring data and sampling procedures are available pursuant to Section 25917. (5) Potential health risks or impacts that may result from exposure to the asbestos in the building as identified in surveys or tests referred to in this section, or otherwise known to the owner. The notice may contain a description and explanation of the health action levels or exposure standards established by the state or federal government. However, if the notice contains this description, the notice shall include, at least, a description and explanation of the no significant risk level established pursuant to Chapter 6.6 (commencing with Section 25249.5) of Division 20, and specified in Section 12711 of Title 22 of the California Code of Regulations, the school abatement clearance level specified in Section 49410.7 of the Education Code, and the action levels established by state and federal Occupational Safety and Health Act regulations. The notice requirements specified in this subdivision shall not apply to an owner who elects to prepare an asbestos management plan pursuant to Section 25915.1. In those cases, the notice requirements specified in Section 25915.1 shall apply. (b) If the owner has no special knowledge of the information required pursuant to paragraphs (3) and (5), of subdivision (a), the owner shall specifically inform his or her employees in the notice required by this section, that he or she lacks knowledge regarding handling instructions necessary to prevent and minimize release of, and exposure to, asbestos and the potential health impacts resulting from exposure to asbestos in the building, and shall encourage employees to contact local or state public health agencies. (Amended by Stats. 1989, Ch. 948, Sec. 1. Effective September 27, 1989.)
  175. 25915.1.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    An owner may choose to prepare an asbestos management plan for a building covered by this chapter, and if the plan is implemented, use notice to meet the chapter’s notification requirements.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25915.1. (a) An owner may elect to prepare an asbestos management plan for any building subject to this chapter, and in that case may, upon implementation of that plan, comply with the notification requirements of this chapter by providing notice to other owners and all employees of that owner working within the building of the following: (1) The specific locations within the building where asbestos-containing construction materials are present in any quantity. (2) Potential health risks or impacts that may result from exposure to the asbestos. (3) Information to convey that moving, drilling, boring, or otherwise disturbing the asbestos-containing construction material identified may present a health risk and, consequently, should not be attempted by an employee who is not qualified to handle asbestos-containing construction material. (4) The existence and availability of the management plan and a description of its contents. (b) For purposes of this chapter, an asbestos management plan shall be designed to minimize the potential for release of asbestos fibers and to outline a schedule of actions to be undertaken with respect to the asbestos. The plan shall be prepared by a person accredited to prepare management plans for schools pursuant to Section 2646 of Title 15 of the United States Code and shall contain all of the following: (1) The information specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 25915. (2) A description of an ongoing operations and maintenance program which shall include, but not be limited to, periodic reinspection and surveillance, suggested fiber release episode procedures, measures to minimize potential fiber releases, and information and training programs for building engineering and maintenance staff. (3) Recordkeeping procedures to demonstrate implementation of the plan which shall be maintained for the life of the building to which they apply. (Added by Stats. 1989, Ch. 948, Sec. 2. Effective September 27, 1989.)
  176. 25915.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    Owners must give asbestos notices in writing to employees and certain other recipients within specified time limits, with extra rules for new employees, new owners, contractors, and some common-interest-development buildings.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25915.2. (a) Notice provided pursuant to this chapter shall be provided in writing to each individual employee, and shall be mailed to other owners designated to receive the notice pursuant to subdivision (a) of Section 25915.5, within 15 days of the first receipt by the owner of information identifying the presence or location of asbestos-containing construction materials in the building. This notice shall be provided annually thereafter. In addition, if new information regarding those items specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 25915 has been obtained within 90 days after the notice required by this subdivision is provided or any subsequent 90-day period, then a supplemental notice shall be provided within 15 days of the close of that 90-day period. (b) Notice provided pursuant to this chapter shall be provided to new employees within 15 days of commencement of work in the building. (c) Notice provided pursuant to this chapter shall be mailed to any new owner designated to receive the notice pursuant to subdivision (a) of Section 25915.5 within 15 days of the effective date of the agreement under which a person becomes a new owner. (d) Subdivisions (a) and (c) shall not be construed to require owners of a building or part of a building within a residential common interest development to mail written notification to other owners of a building or part of a building within the residential common interest development, if all the following conditions are met: (1) The association conspicuously posts, in each building or part of a building known to contain asbestos-containing materials, a large sign in a prominent location that fully informs persons entering each building or part of a building within the common interest development that the association knows the building contains asbestos-containing materials. The sign shall also inform persons of the location where further information, as required by this chapter, is available about the asbestos-containing materials known to be located in the building. (2) The owners or association disclose, as soon as practicable before the transfer of title of a separate interest in the common interest development, to a transferee the existence of asbestos-containing material in a building or part of a building within the common interest development. Failure to comply with this section shall not invalidate the transfer of title of real property. This paragraph shall only apply to transfers of title of separate interests in the common interest development of which the owners have knowledge. As used in this section, “association” and “common interest development” are defined in Sections 4080 and 4100 or Sections 6528 and 6534 of the Civil Code. (e) If a person contracting with an owner receives notice pursuant to this chapter, that contractor shall provide a copy of the notice to his or her employees or contractors working within the building. (f) If the asbestos-containing construction material in the building is limited to an area or areas within the building that meet all the following criteria: (1) Are unique and physically defined. (2) Contain asbestos-containing construction materials in structural, mechanical, or building materials which are not replicated throughout the building. (3) Are not connected to other areas through a common ventilation system; then, an owner required to give notice to his or her employees pursuant to subdivision (a) of Section 25915 or 25915.1 may provide that notice only to the employees working within or entering that area or those areas of the building meeting the conditions above. (g) If the asbestos-containing construction material in the building is limited to an area or areas within the building that meet all the following criteria: (1) Are accessed only by building maintenance employees or contractors and are not accessed by tenants or employees in the building, other than on an incidental basis. (2) Contain asbestos-containing construction materials in structural, mechanical, or building materials which are not replicated in areas of the building which are accessed by tenants and employees. (3) The owner knows that no asbestos fibers are being released or have the reasonable possibility to be released from the material; then, as to that asbestos-containing construction material, an owner required to give notice to his or her employees pursuant to subdivision (a) of Section 25915 or Section 25915.1 may provide that notice only to its building maintenance employees and contractors who have access to that area or those areas of the building meeting the conditions above. (h) In those areas of a building where the asbestos-containing construction material is composed only of asbestos fibers which are completely encapsulated, if the owner knows that no asbestos fibers are being released or have the reasonable possibility to be released from that material in its present condition and has no knowledge that other asbestos-containing material is present, then an owner required to give notice pursuant to subdivision (a) of Section 25915 shall provide the information required in paragraph (2) of subdivision (a) of Section 25915 and may substitute the following notice for the requirements of paragraphs (1), (3), (4), and (5) of subdivision (a) of Section 25915: (1) The existence of, conclusions from, and a description or list of the contents of, that portion of any survey conducted to determine the existence and location of asbestos-containing construction materials within the building that refers to the asbestos-containing materials described in this subdivision, and information describing when and where the results of the survey are available pursuant to Section 25917. (2) Information to convey that moving, drilling, boring, or otherwise disturbing the asbestos-containing construction material identified may present a health risk and, consequently, should not be attempted by an unqualified employee. The notice shall identify the appropriate person the employee is required to contact if the condition of the asbestos-containing construction material deteriorates. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 66) by Stats. 2013, Ch. 605, Sec. 38. (SB 752) Effective January 1, 2014.)
  177. 25915.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    An owner who must notify employees about asbestos also has to mail a copy of that notice to other owners of the same building or part of the building if they have a contract relationship.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25915.5. (a) An owner required to give notice to employees pursuant to this chapter, in addition to notifying his or her employees, shall mail, in accordance with this subdivision, a copy of that notice to all other persons who are owners of the building or part of the building, with whom the owner has privity of contract. Receipt of a notice pursuant to this section by an owner, lessee, or operator shall constitute knowledge that the building contains asbestos-containing construction materials for purposes of this chapter. Notice to an owner shall be delivered by first-class mail addressed to the person and at the address designated for the receipt of notices under the lease, rental agreement, or contract with the owner. (b) The delivery of notice under this section or negligent failure to provide that notice shall not constitute a breach of any covenant under the lease or rental agreement, and nothing in this chapter enlarges or diminishes any rights or duties respecting constructive eviction. (c) No owner who, in good faith, complies with the provisions of this section shall be liable to any other owner for any damages alleged to have resulted from his or her compliance with the provisions of this section. (d) This section shall not be construed to apply to owners of a building or part of a building within a residential common interest development or association, if the owners comply with the provisions of subdivision (d) of Section 25915.2. For purposes of this section, “association” and “common interest development” are defined in Sections 4080 and 4100 of the Civil Code. (Amended by Stats. 2012, Ch. 181, Sec. 67. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  178. 25916.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    If construction, maintenance, or remodeling may expose employees to asbestos, the responsible owner must post a clear and conspicuous warning notice in the area.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25916. If any construction, maintenance, or remodeling is conducted in an area of the building area where there is the potential for employees to come into contact with, or release or disturb, asbestos or asbestos-containing construction materials, the owner responsible for the performance of, or contracting for, any construction, maintenance, or remodeling in the area shall post that area with a clear and conspicuous warning notice. The posted warning notice shall read, in print which is readily visible because of its large size and bright color, as specified in either subdivision (a) or (b). (a) “CAUTION. ASBESTOS. CANCER AND LUNG DISEASE HAZARD. DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT.” (b) “DANGER. ASBESTOS. CANCER AND LUNG DISEASE HAZARD. AUTHORIZED PERSONNEL ONLY. RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA.” (Amended by Stats. 1989, Ch. 948, Sec. 4. Effective September 27, 1989.)
  179. 25916.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    If a building has multiple owners, they may write an agreement naming one owner to prepare required notices. Other owners may rely on a notice prepared by another owner only if it fully complies, and they do not know it is false or misleading or that the preparing owner failed to comply.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25916.5. (a) When there is more than one owner of a building or part of a building subject to this chapter, the owners may agree in writing to designate one particular owner to prepare any notice required pursuant to this chapter. (b) Any owner, other than the owner preparing the notice, may use a notice prepared by another owner to satisfy the requirements of this chapter if all of the following are satisfied: (1) The notice fully complies with that owner’s obligations under this chapter. (2) That owner does not know that the notice contains false or misleading information. (3) That owner does not know that the owner who prepared the notice has failed to comply with this chapter. (Added by Stats. 1989, Ch. 948, Sec. 5. Effective September 27, 1989.)
  180. 25917.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    An owner must make asbestos survey, monitoring, and management-plan records available for review and photocopying to other owners, employees, or employee representatives at an accessible place and time.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25917. An owner shall make available, for review and photocopying, to other owners and all of his or her employees or those employees’ representatives at an accessible place and time, all existing asbestos survey and monitoring data and any asbestos management plan which has been prepared, specific to the building. This place shall be within the building, or another building which is leased or also owned by the owner, located on the same property as the building, and accessible and convenient to employees, and shall be available during employee working hours, including lunch and break periods, if any owner maintains an office or similar facility in the building; if not, the survey, data, and asbestos management plan shall be available at another place, and at a time accessible and convenient to employees and their representatives. Any owner may enter into an agreement with another owner to provide the location where the survey, data, and asbestos management plan is available to employees within one building pursuant to this section. (Amended by Stats. 1989, Ch. 948, Sec. 6. Effective September 27, 1989.)
  181. 25917.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    If an asbestos information system or statewide asbestos register is later established, it must be integrated, kept consistent with, and include at least all requirements of this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25917.5. If an asbestos information system or statewide asbestos register, or both, is established subsequent to the designing of the system and register pursuant to paragraphs (5) and (6) of subdivision (a) of Section 25927, the system or register, or both, as the case may be, shall integrate, be consistent with, and, at a minimum, include all of the requirements of this chapter. (Added by Stats. 1988, Ch. 1502, Sec. 1.)
  182. 25918.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    “Asbestos” in this chapter means the same as in Labor Code Section 6501.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25918. “Asbestos,” as used in this chapter, has the same meaning as defined in Section 6501.7 of the Labor Code. (Added by Stats. 1988, Ch. 1502, Sec. 1.)
  183. 25919.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    This section defines “asbestos-containing construction material” for the chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25919. “Asbestos-containing construction material,” as used in this chapter, means any manufactured construction material, including structural, mechanical and building material, which contains more than one-tenth of 1 percent asbestos by weight. (Added by Stats. 1988, Ch. 1502, Sec. 1.)
  184. 25919.2.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    This section defines “building” for this chapter and excludes residential dwellings.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25919.2. “Building,” as used in this chapter, means all or part of any “public and commercial building,” as defined in Section 2642 of Title 15 of the United States Code, as that section reads on January 1, 1989, except that “building” shall not mean residential dwellings. (Added by renumbering Section 25920 (as amended by Stats. 1989, Ch. 948) by Stats. 1990, Ch. 216, Sec. 69.)
  185. 25919.3.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    This section defines “employee” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25919.3. “Employee,” as used in this chapter, means every person who is required or directed by any employer, to engage in any employment, and who performs that employment other than on a casual or incidental basis in any building subject to this chapter, or any person contracting with an owner who is required or directed to perform services, other than on a casual or incidental basis, in any building subject to this chapter. (Added by renumbering Section 25921 (as amended by Stats. 1988, Ch. 1502) by Stats. 1990, Ch. 216, Sec. 70.)
  186. 25919.4.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    This section defines “employee’s representative” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25919.4. “Employee’s representative,” as used in this chapter, means an employee’s union representative, a member of the employee’s immediate family, a nonrelated member of the employee’s household, and an employee’s attorney or a person with power of attorney. (Added by renumbering Section 25922 (as added by Stats. 1988, Ch. 1502) by Stats. 1990, Ch. 216, Sec. 71.)
  187. 25919.5.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    This section defines “owner” for this chapter to include an owner, lessee, sublessee, or the owner’s agent for a building or part of a building, including the state or another public entity.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25919.5. “Owner,” as used in this chapter, means an owner, lessee, sublessee, or agent of the owner of a building or part of a building, including, but not limited to, the state or another public entity. (Added by renumbering Section 25923 (as added by Stats. 1988, Ch. 1502) by Stats. 1990, Ch. 216, Sec. 72.)
  188. 25919.6.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    This section defines “agent” for this chapter as a person acting under specified Civil Code authority to manage, operate, lease, or perform a similar function for a building covered by the chapter.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25919.6. “Agent,” as used in this chapter, means a person acting in accordance with Title 9 (commencing with Section 2295) of Part 4 of Division 3 of the Civil Code for purposes of managing, operating, leasing, or performing a similar function with respect to a building subject to this chapter. (Added by renumbering Section 25923.1 by Stats. 1990, Ch. 216, Sec. 73.)
  189. 25919.7.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. )

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    An owner who knowingly or intentionally breaks this chapter or gives false or misleading information to employees or another owner commits a misdemeanor and can be fined up to $1,000, jailed up to one year, or both.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.4. Asbestos Notification [25915 - 25919.7] ( Chapter 10.4 added by Stats. 1988, Ch. 1502, Sec. 1. ) ## 25919.7. Any owner who knowingly or intentionally fails to comply with this chapter, or who knowingly or intentionally presents any false or misleading information to employees or any other owner, is guilty of a misdemeanor punishable by a fine of up to one thousand dollars ($1,000) or up to one year in the county jail, or both. This section shall become operative on July 1, 1989. (Added by renumbering Section 25924 by Stats. 1990, Ch. 216, Sec. 74.)
  190. 25925.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.6. Asbestos Abatement and Control [25925 - 25929] ( Chapter 10.6 added by Stats. 1986, Ch. 116, Sec. 1. )

    Verify source ↗

    This section defines “asbestos,” “asbestos materials,” and “public building,” including an exclusion for buildings used as primary or secondary schools.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.6. Asbestos Abatement and Control [25925 - 25929] ( Chapter 10.6 added by Stats. 1986, Ch. 116, Sec. 1. ) ## 25925. (a) “Asbestos” means naturally occurring fibrous hydrated mineral silicates, including chrysotile, crocidolite, amosite, fibrous tremolite, fibrous anthophyllite, and fibrous actinolite. (b) “Asbestos materials” means materials formed by mixing asbestos fibers with other products, including, but not limited to, rock wool, plaster, cellulose, clay, vermiculite, perlite, and a variety of adhesives, whether sprayed on surfaces or applied to surfaces in the form of a plaster or a textured paint. (c) “Public building” means any structure, facility, or building owned or leased by the State of California, the University of California, or any local agency as defined in Section 54980 of the Government Code. “Public building” does not include any building or structure used for a primary or secondary school. (Added by Stats. 1986, Ch. 116, Sec. 1. Effective May 28, 1986.)
  191. 25926.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.6. Asbestos Abatement and Control [25925 - 25929] ( Chapter 10.6 added by Stats. 1986, Ch. 116, Sec. 1. )

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    The Legislature states that asbestos exposure is dangerous and that asbestos in public buildings should be identified so abatement and control can be carried out when needed.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.6. Asbestos Abatement and Control [25925 - 25929] ( Chapter 10.6 added by Stats. 1986, Ch. 116, Sec. 1. ) ## 25926. The Legislature finds that: (a) Substantial medical and scientific evidence indicates that human exposure to asbestos fibers significantly increases the risk of contracting cancer and other debilitating or fatal diseases, including, but not limited to, asbestosis. (b) The Legislature has taken measures to reduce the risk of asbestos exposure for school children and school employees by creating a statewide program to rid schools of asbestos (Chapter 1751, Statutes of 1984). (c) Asbestos materials were commonly used in public buildings for fireproofing, soundproofing, decoration, thermal insulation, and other purposes. (d) When these materials deteriorate or become loose, damaged, or friable, they release asbestos fibers into the ambient air. This may result in exposure of employees and the public to potentially dangerous levels of asbestos. (e) It is vital for the safety of the public to identify the precise location and condition of asbestos materials in public buildings in order to institute abatement and control procedures as needed and to ensure that when repairs or renovations are undertaken that any asbestos materials present are properly handled. (Added by Stats. 1986, Ch. 116, Sec. 1. Effective May 28, 1986.)
  192. 25927.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.6. Asbestos Abatement and Control [25925 - 25929] ( Chapter 10.6 added by Stats. 1986, Ch. 116, Sec. 1. )

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    This section creates the Asbestos Assessment Task Force and assigns it and the State Department of Health Services a set of asbestos-assessment, reporting, and coordination duties.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.6. Asbestos Abatement and Control [25925 - 25929] ( Chapter 10.6 added by Stats. 1986, Ch. 116, Sec. 1. ) ## 25927. It is the intent of the Legislature to ensure the safety of the public and of public employees by creating an interdepartmental task force composed of representatives from the State Department of Health Services, the Department of Industrial Relations, the Department of General Services, and the Commission on Building Standards, which shall be known as the Asbestos Assessment Task Force to analyze the magnitude of the asbestos problem in public buildings. The State Department of Health Services shall be responsible for coordinating the work of the Asbestos Assessment Task Force and compiling a report to include all of the following: (a) A statewide inspection plan and a schedule for assessing the presence and condition of asbestos in public buildings. In developing the inspection plan the Asbestos Assessment Task Force shall do all of the following: (1) Inspect a representative sample of public buildings and utilize the data to project priorities and costs for inspection and asbestos abatement and control required for public buildings. (2) Design a uniform reporting form for building inspection to document the presence of asbestos and their location within the building. The form shall contain an evaluation of the extent to which any asbestos materials are loose, friable, flaking, dusting or otherwise show evidence of damage, deterioration, or disturbance and the causes, if ascertainable, of such problems. (3) Develop criteria to rate buildings according to the degree of hazard posed by the presence and condition of the asbestos materials in the buildings. The criteria shall include, but not be limited to, considerations of the exposure potential for the type of public and employee use of the building and the condition and location of the asbestos material. The criteria shall include a designation of an emergency situation in which the condition or location of the asbestos materials constitutes an imminent and severe threat to human health. (4) Design an emergency procedure for buildings in which the condition of the asbestos materials constitutes an imminent and severe threat to human health. (5) Design an information system which will provide building maintenance personnel, employees and the public with information about the asbestos materials in the building. The information system shall include a notification procedure for employees and the public concerning any activities to contain or remove asbestos materials or to renovate, repair, or engage in construction activities in buildings containing asbestos materials. (6) Design a statewide register which contains information, including, but not limited to, reports of any inspection for asbestos and any containment, abatement, encapsulation or other asbestos control measures. (b) Review the relevant research, laws and regulations and develop methods and standards to accurately assess the potential for employee and public exposure to asbestos in public buildings. These methods and standards shall include recommendations for effective asbestos control which may be taken to minimize employee and public exposure and recommendations regarding standards for minimum levels of asbestos concentration in ambient air in public buildings. In developing the methods and standards the Asbestos Assessment Task Force shall hold public hearings to obtain testimony from the scientific community and the public. The duties to inspect public buildings and to report to the Legislature which are imposed on the state pursuant to this chapter shall not be interpreted to impose on the state, the University of California, or any local agency any duty to repair buildings if that duty does not exist on the date this chapter becomes operative. Local agencies are urged to provide the Asbestos Assessment Task Force with data needed by the task force to complete the duties imposed pursuant to this chapter. (Added by Stats. 1986, Ch. 116, Sec. 1. Effective May 28, 1986.)
  193. 25929.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.6. Asbestos Abatement and Control [25925 - 25929] ( Chapter 10.6 added by Stats. 1986, Ch. 116, Sec. 1. )

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    If building standards are adopted under this chapter, they must be placed in the appropriate sections of the State Building Standards Code in Title 24.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 10.6. Asbestos Abatement and Control [25925 - 25929] ( Chapter 10.6 added by Stats. 1986, Ch. 116, Sec. 1. ) ## 25929. If any building standards are adopted pursuant to this chapter, the standards shall be placed in the appropriate sections of the State Building Standards Code, contained in Title 24 of the California Administrative Code. (Added by Stats. 1986, Ch. 116, Sec. 1. Effective May 28, 1986.)
  194. 25965.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12.5. Water Heaters [25965- 25965.] ( Chapter 12.5 added by Stats. 1982, Ch. 268, Sec. 1. )

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    A warning label must be placed near the thermostat of new residential water heaters sold in the state.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12.5. Water Heaters [25965- 25965.] ( Chapter 12.5 added by Stats. 1982, Ch. 268, Sec. 1. ) ## 25965. A warning label shall be affixed near the thermostat of all new water heaters to be sold in the state for residential use. This warning shall read as follows: “Warning: Setting of the water heater thermostat in excess of 130 degrees Fahrenheit or 54 degrees centigrade may cause accidental scalding or other injury, particularly to children or elderly persons.” The Legislature does not intend by the enactment of this section to impose any duty on public utilities to affix this warning label or otherwise warn their customers relative to existing water heaters. (Added by Stats. 1982, Ch. 268, Sec. 1.)
  195. 25968.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12.8. Condom Manufacturers [25968- 25968.] ( Chapter 12.8 added by Stats. 1993, Ch. 417, Sec. 1. )

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    The State Department of Health Services must annually obtain certain publicly available condom testing data from the federal Food and Drug Administration and make that information available under the California Public Records Act.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 12.8. Condom Manufacturers [25968- 25968.] ( Chapter 12.8 added by Stats. 1993, Ch. 417, Sec. 1. ) ## 25968. (a) The State Department of Health Services shall annually obtain from the federal Food and Drug Administration any condom testing data, developed under Compliance Policy Guide 7124.21, which is publicly available. (b) The state department shall make this information available pursuant to the provisions of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 256. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  196. 25980.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.4. Force Fed Birds [25980 - 25984] ( Chapter 13.4 added by Stats. 2004, Ch. 904, Sec. 1. )

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    This section defines “bird” and “force feeding a bird” for this provision.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.4. Force Fed Birds [25980 - 25984] ( Chapter 13.4 added by Stats. 2004, Ch. 904, Sec. 1. ) ## 25980. For purposes of this section, the following terms have the following meanings: (a) A bird includes, but is not limited to, a duck or goose. (b) Force feeding a bird means a process that causes the bird to consume more food than a typical bird of the same species would consume voluntarily. Force feeding methods include, but are not limited to, delivering feed through a tube or other device inserted into the bird’s esophagus. (Added by Stats. 2004, Ch. 904, Sec. 1. Effective January 1, 2005. Operative July 1, 2012, pursuant to Section 25984.)
  197. 25981.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.4. Force Fed Birds [25980 - 25984] ( Chapter 13.4 added by Stats. 2004, Ch. 904, Sec. 1. )

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    A person must not force feed a bird to enlarge its liver, or hire someone else to do so.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.4. Force Fed Birds [25980 - 25984] ( Chapter 13.4 added by Stats. 2004, Ch. 904, Sec. 1. ) ## 25981. A person may not force feed a bird for the purpose of enlarging the bird’s liver beyond normal size, or hire another person to do so. (Added by Stats. 2004, Ch. 904, Sec. 1. Effective January 1, 2005. Operative July 1, 2012, pursuant to Section 25984.)
  198. 25982.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.4. Force Fed Birds [25980 - 25984] ( Chapter 13.4 added by Stats. 2004, Ch. 904, Sec. 1. )

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    A product may not be sold in California if it comes from force-feeding a bird to enlarge the bird’s liver beyond normal size.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.4. Force Fed Birds [25980 - 25984] ( Chapter 13.4 added by Stats. 2004, Ch. 904, Sec. 1. ) ## 25982. A product may not be sold in California if it is the result of force feeding a bird for the purpose of enlarging the bird’s liver beyond normal size. (Added by Stats. 2004, Ch. 904, Sec. 1. Effective January 1, 2005. Operative July 1, 2012, pursuant to Section 25984.)
  199. 25983.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.4. Force Fed Birds [25980 - 25984] ( Chapter 13.4 added by Stats. 2004, Ch. 904, Sec. 1. )

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    Certain officers may issue citations for violations of this chapter, and a cited person must pay a civil penalty of up to $1,000 per violation and up to $1,000 for each day the violation continues.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.4. Force Fed Birds [25980 - 25984] ( Chapter 13.4 added by Stats. 2004, Ch. 904, Sec. 1. ) ## 25983. (a) A peace officer, officer of a humane society as qualified under Section 14502 or 14503 of the Corporations Code, or officer of an animal control or animal regulation department of a public agency, as qualified under Section 830.9 of the Penal Code, may issue a citation to a person or entity that violates this chapter. (b) A citation issued under this section shall require the person cited to pay a civil penalty in an amount up to one thousand dollars ($1,000) for each violation, and up to one thousand dollars ($1,000) for each day the violation continues. The civil penalty shall be payable to the local agency initiating the proceedings to enforce this chapter to offset the costs to the agency related to court proceedings. (c) A person or entity that violates this chapter may be prosecuted by the district attorney of the county in which the violation occurred, or by the city attorney of the city in which the violation occurred. (Added by Stats. 2004, Ch. 904, Sec. 1. Effective January 1, 2005. Operative July 1, 2012, pursuant to Section 25984.)
  200. 25984.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.4. Force Fed Birds [25980 - 25984] ( Chapter 13.4 added by Stats. 2004, Ch. 904, Sec. 1. )

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    This section delays when earlier sections take effect and gives limited liability protection for certain pre-July 1, 2012 conduct involving force fed birds.

    ## Health and Safety Code - HSC ## DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS [24000 - 28002] ( Division 20 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 13.4. Force Fed Birds [25980 - 25984] ( Chapter 13.4 added by Stats. 2004, Ch. 904, Sec. 1. ) ## 25984. (a) Sections 25980, 25981, 25982, and 25983 of this chapter shall become operative on July 1, 2012. (b) (1) No civil or criminal cause of action shall arise on or after January 1, 2005, nor shall a pending action commenced prior to January 1, 2005, be pursued under any provision of law against a person or entity for engaging, prior to July 1, 2012, in any act prohibited by this chapter. (2) The limited immunity from liability provided by this subdivision shall not extend to acts prohibited by this chapter that are committed on or after July 1, 2012. (3) The protections afforded by this subdivision shall only apply to persons or entities who were engaged in, or controlled by persons or entities who were engaged in, agricultural practices that involved force feeding birds at the time of the enactment of this chapter. (c) It is the express intention of the Legislature, by delaying the operative date of provisions of this chapter pursuant to subdivision (a) until July 1, 2012, to allow a seven and one-half year period for persons or entities engaged in agricultural practices that include raising and selling force fed birds to modify their business practices. (Added by Stats. 2004, Ch. 904, Sec. 1. Effective January 1, 2005. Note: This section postponed the initial operation of Sections 25980 to 25983.)

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