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AB-2282 Public records: resolution of enforcement actions.(1999-2000)

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AB2282:v92#DOCUMENT

Assembly Bill No. 2282
CHAPTER 783

An act to add Section 6253.8 to the Government Code, relating to public records.

[ Filed with Secretary of State  September 27, 2000. Approved by Governor  September 27, 2000. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2282, Davis. Public records: resolution of enforcement actions.
Existing law provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as specifically provided. Existing provisions of the Governor’s Reorganization Plan No. 1 of 1991 establish the California Environmental Protection Agency consisting of the State Air Resources Board, the California Integrated Waste Management Board, the State Water Resources Control Board and each California regional water quality control board, the Department of Pesticide Regulation, and the Department of Toxic Substances Control.
This bill would require, on and after April 1, 2001, every final enforcement order issued by the California Environmental Protection Agency and various boards and departments within the agency, under any provision of law that is administered by one of these entities, to be displayed for at least one year on the entity’s Internet website, if the order is a public record that is not otherwise exempt from disclosure.
This bill would specify when an order is final for purposes of the bill and would require the agency to oversee the implementation of the bill.

The people of the State of California do enact as follows:


SECTION 1.

 Section 6253.8 is added to the Government Code, to read:

6253.8.
 (a) Every final enforcement order issued by an agency listed in subdivision (b) under any provision of law that is administered by an entity listed in subdivision (b), shall be displayed on the entity’s Internet website, if the final enforcement order is a public record that is not exempt from disclosure pursuant to this chapter.
(b) This section applies to the California Environmental Protection Agency and to all of the following entities within the agency:
(1) The State Air Resources Board.
(2) The California Integrated Waste Management Board.
(3) The State Water Resources Control Board, and each California regional water quality control board.
(4) The Department of Pesticide Regulation.
(5) The Department of Toxic Substances Control.
(c) (1) Except as provided in paragraph (2), for purposes of this section, an enforcement order is final when the time for judicial review has expired on or after January 1, 2001, or when all means of judicial review have been exhausted on or after January 1, 2001.
(2) In addition to the requirements of paragraph (1), with regard to a final enforcement order issued by the State Water Resources Control Board or a California regional water quality control board, this section shall apply only to a final enforcement order adopted by that board or a regional board at a public meeting.
(d) An order posted pursuant to this section shall be posted for not less than one year.
(e) The California Environmental Protection Agency shall oversee the implementation of this section.
(f) This section shall become operative April 1, 2001.