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| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 995Introduced by Senator NielsenFebruary 14, 2022 An act to amend Section 117480 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTSB 995, as introduced, Nielsen. Navigable waters: hazardous, medical, or human waste.Existing law makes it a misdemeanor to place, deposit, or dump garbage in or upon the navigable waters of this state, or to place, deposit, or load it upon a vessel, with intent that it be dumped or deposited in or upon the navigable waters of this state or at any point in the ocean within 20 miles of any point on the coastline of the state.Existing law specifies the methods by which hazardous and medical waste may be disposed of and makes the disposal in violation of those provisions a misdemeanor.Existing law authorizes the State Public Health Officer or a local health officer to declare a local health emergency in a jurisdiction where a release of hazardous or medical waste is determined to be an immediate threat to the public health.This bill would also make it a misdemeanor to place, deposit, or dump hazardous, medical, or human waste in or upon the navigable waters of this state, or to place, deposit, or load it upon a vessel, with intent that it be dumped or deposited in or upon the navigable waters of this state or at any point in the ocean within 20 miles of any point on the coastline of the state. The bill would also authorize a public health officer to declare a public health emergency if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. By creating a new crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 117480 of the Health and Safety Code is amended to read:117480. Every (a) A person who places, deposits, or dumps any garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads it any of those items upon any a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within twenty 20 miles of any point on the coast line coastline of the state, is guilty of a misdemeanor.(b) A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
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| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 995Introduced by Senator NielsenFebruary 14, 2022 An act to amend Section 117480 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTSB 995, as introduced, Nielsen. Navigable waters: hazardous, medical, or human waste.Existing law makes it a misdemeanor to place, deposit, or dump garbage in or upon the navigable waters of this state, or to place, deposit, or load it upon a vessel, with intent that it be dumped or deposited in or upon the navigable waters of this state or at any point in the ocean within 20 miles of any point on the coastline of the state.Existing law specifies the methods by which hazardous and medical waste may be disposed of and makes the disposal in violation of those provisions a misdemeanor.Existing law authorizes the State Public Health Officer or a local health officer to declare a local health emergency in a jurisdiction where a release of hazardous or medical waste is determined to be an immediate threat to the public health.This bill would also make it a misdemeanor to place, deposit, or dump hazardous, medical, or human waste in or upon the navigable waters of this state, or to place, deposit, or load it upon a vessel, with intent that it be dumped or deposited in or upon the navigable waters of this state or at any point in the ocean within 20 miles of any point on the coastline of the state. The bill would also authorize a public health officer to declare a public health emergency if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. By creating a new crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate March 21, 2022 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate March 21, 2022 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 995 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator NielsenFebruary 14, 2022 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Nielsen | |
| 18 | 18 | February 14, 2022 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 117480 of the Health and Safety Code, relating to public health. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 995, as | |
| 26 | + | SB 995, as introduced, Nielsen. Navigable waters: hazardous, medical, or human waste. | |
| 27 | 27 | ||
| 28 | 28 | Existing law makes it a misdemeanor to place, deposit, or dump garbage in or upon the navigable waters of this state, or to place, deposit, or load it upon a vessel, with intent that it be dumped or deposited in or upon the navigable waters of this state or at any point in the ocean within 20 miles of any point on the coastline of the state.Existing law specifies the methods by which hazardous and medical waste may be disposed of and makes the disposal in violation of those provisions a misdemeanor.Existing law authorizes the State Public Health Officer or a local health officer to declare a local health emergency in a jurisdiction where a release of hazardous or medical waste is determined to be an immediate threat to the public health.This bill would also make it a misdemeanor to place, deposit, or dump hazardous, medical, or human waste in or upon the navigable waters of this state, or to place, deposit, or load it upon a vessel, with intent that it be dumped or deposited in or upon the navigable waters of this state or at any point in the ocean within 20 miles of any point on the coastline of the state. The bill would also authorize a public health officer to declare a public health emergency if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. By creating a new crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 29 | 29 | ||
| 30 | 30 | Existing law makes it a misdemeanor to place, deposit, or dump garbage in or upon the navigable waters of this state, or to place, deposit, or load it upon a vessel, with intent that it be dumped or deposited in or upon the navigable waters of this state or at any point in the ocean within 20 miles of any point on the coastline of the state. | |
| 31 | 31 | ||
| 32 | 32 | Existing law specifies the methods by which hazardous and medical waste may be disposed of and makes the disposal in violation of those provisions a misdemeanor. | |
| 33 | 33 | ||
| 34 | 34 | Existing law authorizes the State Public Health Officer or a local health officer to declare a local health emergency in a jurisdiction where a release of hazardous or medical waste is determined to be an immediate threat to the public health. | |
| 35 | - | ||
| 36 | - | ||
| 37 | 35 | ||
| 38 | 36 | This bill would also make it a misdemeanor to place, deposit, or dump hazardous, medical, or human waste in or upon the navigable waters of this state, or to place, deposit, or load it upon a vessel, with intent that it be dumped or deposited in or upon the navigable waters of this state or at any point in the ocean within 20 miles of any point on the coastline of the state. The bill would also authorize a public health officer to declare a public health emergency if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. By creating a new crime, this bill would impose a state-mandated local program. | |
| 39 | 37 | ||
| 40 | 38 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 41 | 39 | ||
| 42 | 40 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 43 | 41 | ||
| 44 | 42 | ## Digest Key | |
| 45 | 43 | ||
| 46 | 44 | ## Bill Text | |
| 47 | 45 | ||
| 48 | - | The people of the State of California do enact as follows:SECTION 1. Section 117480 of the Health and Safety Code is amended to read:117480. (a)A person who places, deposits, or dumps garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads any of those items upon a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within 20 miles of any point on the coastline of the state, is guilty of a misdemeanor.(b)A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 117480 of the Health and Safety Code is amended to read:117480. Every (a) A person who places, deposits, or dumps any garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads it any of those items upon any a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within twenty 20 miles of any point on the coast line coastline of the state, is guilty of a misdemeanor.(b) A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 49 | 47 | ||
| 50 | 48 | The people of the State of California do enact as follows: | |
| 51 | 49 | ||
| 52 | 50 | ## The people of the State of California do enact as follows: | |
| 53 | 51 | ||
| 54 | - | SECTION 1. Section 117480 of the Health and Safety Code is amended to read:117480. (a)A person who places, deposits, or dumps garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads any of those items upon a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within 20 miles of any point on the coastline of the state, is guilty of a misdemeanor.(b)A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. | |
| 52 | + | SECTION 1. Section 117480 of the Health and Safety Code is amended to read:117480. Every (a) A person who places, deposits, or dumps any garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads it any of those items upon any a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within twenty 20 miles of any point on the coast line coastline of the state, is guilty of a misdemeanor.(b) A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. | |
| 55 | 53 | ||
| 56 | 54 | SECTION 1. Section 117480 of the Health and Safety Code is amended to read: | |
| 57 | 55 | ||
| 58 | 56 | ### SECTION 1. | |
| 59 | 57 | ||
| 60 | - | 117480. (a)A person who places, deposits, or dumps garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads any of those items upon a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within 20 miles of any point on the coastline of the state, is guilty of a misdemeanor.(b)A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. | |
| 58 | + | 117480. Every (a) A person who places, deposits, or dumps any garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads it any of those items upon any a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within twenty 20 miles of any point on the coast line coastline of the state, is guilty of a misdemeanor.(b) A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. | |
| 61 | 59 | ||
| 62 | - | 117480. (a)A person who places, deposits, or dumps garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads any of those items upon a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within 20 miles of any point on the coastline of the state, is guilty of a misdemeanor.(b)A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. | |
| 60 | + | 117480. Every (a) A person who places, deposits, or dumps any garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads it any of those items upon any a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within twenty 20 miles of any point on the coast line coastline of the state, is guilty of a misdemeanor.(b) A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. | |
| 63 | 61 | ||
| 64 | - | 117480. (a)A person who places, deposits, or dumps garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads any of those items upon a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within 20 miles of any point on the coastline of the state, is guilty of a misdemeanor.(b)A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. | |
| 62 | + | 117480. Every (a) A person who places, deposits, or dumps any garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads it any of those items upon any a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within twenty 20 miles of any point on the coast line coastline of the state, is guilty of a misdemeanor.(b) A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. | |
| 65 | 63 | ||
| 66 | 64 | ||
| 67 | 65 | ||
| 68 | - | 117480. (a)A person who places, deposits, or dumps garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads any of those items upon a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within 20 miles of any point on the coastline of the state, is guilty of a misdemeanor. | |
| 66 | + | 117480. Every (a) A person who places, deposits, or dumps any garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads it any of those items upon any a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within twenty 20 miles of any point on the coast line coastline of the state, is guilty of a misdemeanor. | |
| 69 | 67 | ||
| 70 | 68 | (b) A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. | |
| 71 | - | ||
| 72 | - | ||
| 73 | 69 | ||
| 74 | 70 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 75 | 71 | ||
| 76 | 72 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 77 | 73 | ||
| 78 | 74 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 79 | 75 | ||
| 80 | 76 | ### SEC. 2. |