California Assembly Bill AB274 Amended / Bill

 BILL NUMBER: AB 274AMENDED BILL TEXT AMENDED IN SENATE MAY 27, 2015 INTRODUCED BY Committee on Environmental Safety and Toxic Materials (Assembly Members Alejo (Chair), Dahle (Vice Chair), Gonzalez, Gray, McCarty, and Ting) FEBRUARY 11, 2015 An act to add Section 25269.9 to the Health and Safety Code, relating to hazardous substances. LEGISLATIVE COUNSEL'S DIGEST AB 274, as amended, Committee on Environmental Safety and Toxic Materials. Oversight costs: uncollectible accounts. Existing law requires the Department of Toxic Substances Control to comply with specified procedures when recovering oversight costs for corrective action taken pursuant to the hazardous waste control laws or for  removal or remedial   certain other  actions taken pursuant to the Carpenter-Presley-Tanner Hazardous Substances Account Act. The department is required to take specified actions with regard to uncollectible accounts, including reviewing all current outstanding receivables and making an appropriate adjustment for estimated uncollectible amounts. The department is authorized, if warranted, to write off or write down those receivable amounts. This bill would define the term "uncollectible account"  and, in addition to the authority specified above,   and  would authorize the department not to pursue an uncollectible account and to write off  or write down  that uncollectible  account.   account, as specified.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25269.9 is added to the Health and Safety Code, to read: 25269.9. (a) The Legislature finds and declares both of the following: (1) The department should prioritize its cost recovery efforts to make the most efficient use of its resources available for that activity. (2) It is not cost effective or practicable to seek recovery of an uncollectible account, as defined in subdivision (b). (b) For purposes of this section, "uncollectible account" means  an oversight cost that meets   response action, corrective action, or oversight costs, including accrued interest, incurred by the department that meet  all of the following conditions: (1) The  oversight cost was   response action, corrective action, or oversight costs were  incurred by the department on or after July 1, 1987, but not later than December 31, 2013, while overseeing  a cleanup action pursuant to the authority specified in subdivision (a) of Section 25269.2.   or carrying out a response or corrective action pursuant to Chapter 6.5   (commencing with Section 25100) or Chapter 6.8 (commencing with Section 25300).  (2) The  amount of the uncollected cost is   response action, corrective action, or oversight costs are  not more than five thousand dollars ($5,000). (3) The department will not incur further  oversight costs with regard to that cleanup action.   response action, corrective action, or oversight costs related to the site for which the costs were incurred.  (4) The department's estimated cost to pursue the oversight costs exceeds the value of the oversight costs. (c)  In addition to the authority specified in Section 25269.8, the   The  department is not required to pursue an uncollectible account and may write off  or write down  that uncollectible  account.   account pursuant to Section 25269.8.  (d) The requirements of Chapter 5 (commencing with Section 13940) of Part 4 of Division 3 of Title 2 of the Government Code shall not apply to any action taken by the department pursuant to subdivision (c).