California Assembly Bill AB275 Amended / Bill

 BILL NUMBER: AB 275AMENDED BILL TEXT AMENDED IN SENATE MAY 27, 2015 INTRODUCED BY Committee on Environmental Safety and Toxic Materials (Assembly Members Alejo (Chair), Gonzalez, McCarty, and Ting) FEBRUARY 11, 2015 An act to amend Sections 25360.4, 25363, and 25366.5 of the Health and Safety Code, relating to hazardous substances. LEGISLATIVE COUNSEL'S DIGEST AB 275, as amended, Committee on Environmental Safety and Toxic Materials. Hazardous substances: liability recovery actions. (1) Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, imposes liability for hazardous substances removal or remedial actions and requires the Attorney General to recover from the liable person, as defined, certain costs incurred by the Department of Toxic Substances Control or a California regional water quality control board, upon the request of the department or regional board. The act authorizes, except as specified, a party found liable for any costs or expenditures recoverable under the act  for those actions  to establish, as specified, that only a portion of those costs or expenditures are attributable to the party, and  be required   requires the party  to pay only for that portion. If each party does not establish  it's   its  liability, the act requires  the   a  court to apportion those costs or expenditures, as specified, among the defendants and the remaining portion of the judgment is required to be paid from the Toxic Substances Control Account. Existing law authorizes the money deposited in the Toxic Substances Control Account in the General Fund to be appropriated to the Department of Toxic Substances Control for specified purposes, including the payment of  removal and remedial actions   the costs  incurred by the  state.   state for those actions.  This bill would  specifically apply those provisions to response and corrective actions, and would  delete the requirement that the remaining portion of a judgment for costs and expenditures that is not apportioned among the liable persons be paid from that account. (2) The act requires an action brought pursuant to it for the recovery of the costs of a removal or remedial action to be commenced within 3 years after completion of the removal or remedial action has been certified by the department. This bill would, except as provided, instead allow  an   a response or corrective  action to be commenced either within that 3-year period  or within 6 years of the initiation of a removal or remedial action, whichever date is later.   or, if operation and maintenance is required as part of the response or corrective action, within three years after completion of operation and maintenance has been certified by the department or a regional board.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25360.4 of the Health and Safety Code is amended to read: 25360.4. (a) (1)  (A)    Except as provided in  subparagraph (B) and paragraph (2), an action under Section 25360 for the recovery of  the costs of removal or remedial action   costs  incurred by the department  from the state account, or any other source   or a regional board in carrying out or overse   eing a response or corrective action pursuant to this chapter or Chapter 6 (commencing with Section 25100), or as otherwise  authorized by law, or for the recovery of  administrative   oversight  costs incurred by the department in connection with a  removal or remedial   response or corrective  action performed by the  department   department, a regional board,  or  by  a responsible party, shall be commenced within three years after completion of the  removal or remedial   response or corrective  action has been certified by the department,  or within six years of the initiation of a removal or remedial action, whichever date is later.   or a regional board.   (B) If operation and maintenance is required as part of the response or corrective action, the action for recovery shall be commenced within three years after completion of operation and maintenance has been certified by the department or a regional board.  (2) No action described in paragraph (1) may be brought that, as of December 31, 2015, had not been commenced by the department within three years after the certification of the completion of the removal or remedial action. (b) An action under subdivision (c) of Section 25352 for costs incurred by the department for the purposes specified in subdivision (a) or (b) of Section 25352 shall be commenced within three years after certification by the department of the completion of the activities authorized under subdivisions (a) and (b) of Section 25352. (c) In an action described in subdivision (a) or (b) for recovery of  the costs of a removal action, a remedial action, administrative   response or corrective action costs, oversight  costs, or damages, where the court has entered a judgment for  these  past costs or damages, the court shall also enter an order reserving jurisdiction over the case and the court shall have continuing jurisdiction to determine any future liability and the amount of the future liability. The department  or regional board  may immediately enforce the judgment for past costs and damages. The department  or the regional board  may apply for a court judgment for  future     further costs and damages that have been incurred during the  removal and remedial actions   response or corrective action, operation and maintenance,  or during the performance of the activities authorized by Section 25352, but the application shall be made not later than three years after the certification of completion of the  actions or activities.   response or corrective action, operation and maintenance, or activities authorized pursuant to Section 25352.  (d) An action may be commenced under Section 25360 or subdivision (c) of Section 25352 at any time prior to expiration of the applicable  limitation   limitations  period provided for by this section.  SEC. 2.   Section 25363 of the Health and Safety Code is amended to read: 25363. (a) Except as provided in subdivision (e), a party found liable for costs or expenditures recoverable under this chapter who establishes by a preponderance of the evidence that only a portion of those costs or expenditures are attributable to that party's actions, shall be required to pay only for that portion. (b) Except as provided in subdivision (e), if the trier of fact finds the evidence insufficient to establish each party's portion of costs or expenditures under subdivision (a), the court shall apportion those costs or expenditures, to the extent practicable, according to equitable principles, among the defendants. (c) The standard of liability for costs or expenditures recoverable pursuant to this chapter is strict liability. (d) A person who has incurred removal or remedial action costs in accordance with this chapter or the federal act may seek contribution or indemnity from any person who is liable pursuant to this chapter. An action to enforce a claim may be brought as a cross-complaint by any defendant in an action brought pursuant to Section 25360 or this section, or in a separate action after the person seeking contribution or indemnity has paid removal or remedial action costs in accordance with this chapter or the federal act. A plaintiff or cross-complaint seeking contribution or indemnity shall give written notice to the director upon filing an action or cross complaint under this section. In resolving claims for contribution or indemnity, the court may allocate costs among liable parties using the appropriate equitable factors. (e) Notwithstanding this chapter, a response action contractor who is found liable for any costs or expenditures recoverable under this chapter and who establishes by a preponderance of the evidence that only a portion of those costs or expenditures are attributable to the response action contractor's actions shall be required to pay only that portion of the costs or expenditures attributable to the response action contractor's actions.   SEC. 2.   Section 25363 of the   Health and Safety Code   is amended to read:  25363. (a) Except as provided in subdivision  (f), any   (e), a  party found liable for  any  costs  or expenditures  recoverable under this chapter who establishes by a preponderance of the evidence that only a portion of those costs  or expenditures  are attributable to that party's actions, shall be required to pay only for that portion. (b) Except as provided in subdivision  (f),   (e),  if the trier of fact finds the evidence insufficient to establish each party's portion of costs  or expenditures  under subdivision (a), the court shall apportion those  costs or expenditures,   costs,  to the extent practicable, according to equitable principles, among the defendants.  (c) The state account shall pay any portion of the judgment in excess of the aggregate amount of costs or expenditures apportioned under subdivisions (a) and (b).   (d)   (c)  The standard of liability for  any  costs  or expenses  recoverable pursuant to this chapter is strict liability.  (c) Any   (d)     A person who has incurred  removal or remedial     response or corrective  action costs in accordance with this  chapter   chapter, Chapter 6.5 (commencing with Section 25000),  or the federal act may seek contribution or indemnity from any person who is liable pursuant to this  chapter, except that no claim may be asserted against a person whose liability has been determined and which has been or is being, fully discharged pursuant to Section 25356.6, or against a person who is actively participating in a pending apportionment proceeding pursuant to Section 25356.6.   chapter.  An action to enforce a claim may be brought as a cross-complaint by any defendant in an action brought pursuant to Section 25360 or this section, or in a separate action after the person seeking contribution or indemnity has paid  removal or remedial   response or corrective  action costs in accordance with this  chapter   chapter, Chapter 6.5 (commencing with Section 25000),  or the federal act.  Any   A  plaintiff or  cross complainant   cross-complainant  seeking contribution or indemnity shall give written notice to the director upon filing an action or  cross complaint   cross-complaint  under this section. In resolving claims for contribution or indemnity, the court may allocate costs among liable parties using  those equitable factors which are appropriate.   appropriate equitable factors.   (f)   (e)  Notwithstanding this chapter,  any   a  response action contractor who is found liable for any costs  or expenditures  recoverable under this chapter and who establishes by a preponderance of the evidence that only a portion of those costs  or expenditures  are attributable to the response action contractor's  actions,   actions  shall be required to pay only that portion of the costs  or expenditures  attributable to the response action contractor's actions. SEC. 3. Section 25366.5 of the Health and Safety Code is amended to read: 25366.5. (a) A public agency operating a household hazardous waste collection program or a person operating such a program under a written agreement with a public agency, or, for material received from the public as used oil, a person operating a certified used oil collection center as provided in Section 48660 of the Public Resources Code, shall not be held liable in a cost recovery action brought pursuant to Section 25360, including, but not limited to, an action to recover the fees imposed by Section 25343 or an action brought pursuant to subdivision (d) of Section 25363, for waste that has been properly handled and transported to an authorized hazardous waste treatment, storage, or disposal facility at a location other than that of the collection program. (b) For purposes of this section, "household hazardous waste collection program" means a program or facility, specified in Section 25218.1, in which hazardous wastes from households and conditionally exempt small quantity generators, are collected and ultimately transferred to an authorized hazardous waste treatment, storage, or disposal facility. (c) Except as provided in subdivision (a), this section does not affect or modify the obligations or liabilities of a person imposed pursuant to state or federal law.