Code Section

Health and Safety Code - HSC


  ( Division 20 enacted by Stats. 1939, Ch. 60. )

CHAPTER 6.95. Hazardous Materials Release Response Plans and Inventory [25500 - 25547.8]

  ( Chapter 6.95 added by Stats. 1985, Ch. 1167, Sec. 1. )

ARTICLE 1. Business and Area Plans [25500 - 25519]
  ( Article 1 repealed and added by Stats. 2013, Ch. 419, Sec. 3. )


(a) Except as provided in subdivision (b), the handler or an employee, authorized representative, agent, or designee of a handler, shall, upon discovery, immediately report any release or threatened release of a hazardous material, or an actual release of a hazardous substance, as defined in Section 374.8 of the Penal Code, to the UPA, and to the Office of Emergency Services, in accordance with the regulations adopted pursuant to this section. The handler or an employee, authorized representative, agent, or designee of the handler shall provide all state, city, or county fire or public health or safety personnel and emergency response personnel with access to the handler’s facilities.

(b) Subdivision (a) does not apply to a person engaged in the transportation of a hazardous material on a highway that is subject to, and in compliance with, the requirements of Sections 2453 and 23112.5 of the Vehicle Code.

(c) On or before January 1, 2022, the Office of Emergency Services shall adopt regulations to implement this section. In developing these regulations, the Office of Emergency Services shall closely consult with representatives from regulated entities, appropriate trade associations, fire service organizations, federal, state, and local organizations, including unified program agencies, and other interested parties. The Office of Emergency Services shall define what releases and threatened releases are required to be reported pursuant to this section and consider the existing federal reporting requirements in determining a definition of reporting releases.

(d) The UPA shall maintain one or more nonemergency contact numbers for release reports that do not require immediate agency response. The UPA shall promptly communicate changes to this information to regulated facilities, to the secretary, and to the Office of Emergency Services.

(Amended by Stats. 2021, Ch. 115, Sec. 31. (AB 148) Effective July 22, 2021.)