Today's Law As Amended


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AB-273 Hazardous waste and substances: corrective action: liability. (2015-2016)



As Amends the Law Today


SECTION 1.

 Section 25187.2 of the Health and Safety Code is amended to read:

25187.2.
 If an order or agreement issued by the department pursuant to Section 25187 to a potentially responsible party requires a person to take corrective action with respect to a release of hazardous waste or hazardous waste constituents into the environment, that person shall pay for the department’s costs incurred in overseeing or carrying out the corrective action.

SEC. 2.

 Section 25360 of the Health and Safety Code is amended to read:

25360.
 (a) A cost incurred by the department or regional board in carrying out or overseeing a response or a corrective action under this chapter or Chapter 6.5 (commencing with Section 25100) shall be recoverable pursuant to state or federal law by the Attorney General, upon the request of the department or regional board, from the liable person or persons. The amount of any response or corrective action costs that may be recovered pursuant to this section shall include interest on any amount paid.
(b) A person who is liable for response or corrective action costs incurred at a site shall have the liability reduced by any reimbursements that were paid by that person for that site pursuant to Section 25343.
(c) The amount of response or corrective action costs incurred by the department or regional board shall be recoverable at the discretion of the department or regional board, either in a separate action or by way of intervention as of right in an action for contribution or indemnity. Nothing in this section deprives a party of any defense that the party may have.
(d) Moneys recovered by the Attorney General pursuant to this section shall be deposited in the state account.

SEC. 3.

 Section 25360.1 of the Health and Safety Code is amended to read:

25360.1.
 (a) Until June 30, 2021, except as provided in subdivision (b), a monetary obligation to the department pursuant to Chapter 6.5 (commencing with Section 25100) or this chapter shall be subject to interest from the date of the demand at an interest rate of 7 percent per annum. Commencing July 1, 2021, except as provided in subdivision (b), a monetary obligation to the department pursuant to Chapter 6.5 (commencing with Section 25100) or this chapter shall be subject to interest from the date of the demand at an interest rate of 10 percent per annum, except that, for obligations of local governments, the interest rate shall be 7 percent per annum.
(b) The department shall waive the interest described in subdivision (a) if the obligation is satisfied within 60 days from the date of invoice. If, within 45 days of receiving an invoice, the liable person or persons provide written notice to the department in accordance with its invoice dispute resolution procedures disputing in good faith the monetary obligation specified in the invoice, or a portion thereof, the department shall waive the interest until the dispute is resolved.