Proposition 65: certificate of merit.
The impact of AB 1521 would enhance the accountability of businesses by imposing stricter requirements on the enforcement of Proposition 65. It emphasizes the need for adequate supporting information in public interest lawsuits, thereby dissuading frivolous claims. Specifically, it would enable courts to review the supporting information of the certificate of merit to determine if enforcement actions are justified, potentially reducing the burden on courts faced with unfounded lawsuits. Moreover, it may lead to more rigorous compliance by businesses regarding their handling of toxic substances, ultimately serving public health and safety interests better.
AB 1521, introduced by Assembly Member Mike Fong, proposes an amendment to Section 25249.7 of the Health and Safety Code, specifically related to the enforcement of the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. This amendment aims to clarify and strengthen the requirements for bringing private enforcement actions against businesses that violate regulations surrounding exposure to toxic substances. Under the proposed changes, a certificate of merit is required when a notice of alleged violation is made to ensure that the individual filing has consulted with experienced professionals regarding the exposure to the listed chemical and believes a meritorious case exists.
Despite its intentions, AB 1521 is likely to face contention from various stakeholders. Opponents may argue that the bill could make it more challenging for individuals and community groups to take action against toxic exposure, favoring businesses over public health concerns. There are fears that the requirement for a certificate of merit could act as a barrier for legitimate claims, especially for those without resources or legal expertise to navigate the complex requirements. Proponents of the bill, on the other hand, assert that it is necessary to improve the system and prevent abuse of the legal process surrounding Proposition 65 enforcement.