Title HSC, California Health & Safety Code

(a) The Legislature hereby finds and declares that persons attempting to do business in this state are increasingly experiencing excessive and duplicative regulatory requirements at different levels of government. (b) To streamline and ease the regulatory burdens of doing busines…

(a) A business plan shall contain all of the following information: (1) The inventory of information required by this article and additional information the governing body of the unified program agency finds necessary to protect the health and safety of persons, property, or the …

A business that is required to establish and implement a business plan pursuant to Section 25507 and is located on leased or rented real property shall notify, in writing, the owner of the property that the business is subject to Section 25507 and has complied with its provisions…

(a) The secretary, in coordination with the Office of Emergency Services, shall specify the hazardous materials inventory that shall be submitted by handlers and the data to be collected and submitted for hazardous materials in quantities equal to or greater than the quantities s…

(a) Except as provided in this article, a business shall establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with the standards prescribed in the regulations adopted pursuant to Section 25503 if t…

(a) A unified program agency shall exempt a business operating a farm for purposes of cultivating the soil or raising or harvesting any agricultural or horticultural commodity from filing the information in the business plan required by paragraphs (3) and (4) of subdivision (a) o…

Except as specified in this section, unless required by a local ordinance, the unified program agency shall exempt a business from application of Sections 25506, 25507, 25508.2, and 25511 to an unstaffed facility located at least one-half mile from the nearest occupied structure …

(a) A supplier of hazardous materials that are listed by the United States Department of Transportation and that are classified in two or more federal hazard categories in the California Environmental Reporting System, not including the “Hazard Not Otherwise Classified” category,…

(a) (1) A handler shall electronically submit its business plan to the statewide information management system in accordance with the requirements of this article and certify that the business plan meets the requirements of this article. Except as provided in Section 25508.1, a h…

Within 30 days of any one of the following events, a business subject to this article shall electronically update the information submitted to the statewide information management system: (a) A 100 percent or more increase in the quantity of a previously disclosed material. (b) A…

On or before the due date established pursuant to paragraph (2) of subdivision (a) of Section 25508, the business owner, business operator, or officially designated representative of the business shall annually review and certify that the information in the statewide information …

Except for a household hazardous waste collection facility, as defined in Section 25218.1, a handler subject to the requirements of this chapter, if directed by a unified program agency during an investigation or inspection, including a complaint inspection, shall notify the unif…

(a) The unified program agency shall maintain its administrative procedures with regard to maintaining records and responding to requests for information in accordance with Subdivision 4 (commencing with Section 15100) of Division 1 of, and Division 3 of, Title 27 of the Californ…

(a) (1) Except as provided in subdivision (b), a hazardous material, hazardous waste, or hazardous substance release or threatened release shall be reported by the handler, or an employee, authorized representative, agent, or designee of the handler, to the UPA and to the Office …

(a) A business required to submit a followup emergency notice pursuant to Section 11004(c) of Title 42 of the United States Code shall submit the notice on a form approved by the Office of Emergency Services. (b) The Office of Emergency Services may adopt guidelines for the use o…

In order to carry out the purposes of this chapter, a unified program agency may train for, and respond to, the release, or threatened release, of a hazardous material. (Added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)

The emergency response personnel, responding to the reported release or threatened release of a hazardous material, or of a regulated substance, as defined in Section 25532, or to any fire or explosion involving a material or substance that involves a release that would be requir…

(a) In order to carry out the purposes of this article and Article 2 (commencing with Section 25531), an employee or authorized representative of a unified program agency has the authority specified in Section 25185, with respect to the premises of a handler, and in Section 25185…

(a) As used in this section, “trade secret” means a trade secret as defined in either subdivision (f) of Section 7924.510 of the Government Code or Section 1061 of the Evidence Code. (b) (1) If a business believes that the inventory required by this article involves the release o…

Notwithstanding Section 25512, information certified by appropriate officials of the United States as necessary to be kept secret for national defense purposes shall be accorded the full protections against disclosure as specified by those officials or in accordance with the laws…

(a) Each administering county or city may, upon a majority vote of the governing body, adopt a schedule of fees to be collected from each business required to submit a business plan pursuant to this article that is within its jurisdiction. The governing body may provide for the w…

Notwithstanding any other law, a public entity shall not be held liable for any injury or damages resulting from an inadequate or negligent review of a business plan conducted pursuant to Section 25508. (Repealed and added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective Janua…

(a) The submission of any information required under this article does not affect any other liability or responsibility of a business with regard to safeguarding the health and safety of an employee or any other person. (b) Compliance with this article shall not be deemed to be c…

(a) A business that violates Sections 25504 to 25508.2, inclusive, or Section 25511, shall be civilly liable to the unified program agency in an amount of not more than two thousand dollars ($2,000) for each day in which the violation occurs. If the violation results in, or signi…

A person that knowingly violates Sections 25504 to 25508.2, inclusive, or Section 25510.1, after reasonable notice of the violation, is, upon conviction, guilty of a misdemeanor. This section does not preempt any other applicable criminal or civil penalties. (Repealed and added b…

(a) Notwithstanding Section 25515, a business that violates this article is liable to a unified program agency for an administrative penalty not greater than two thousand dollars ($2,000) for each day in which the violation occurs. If the violation results in, or significantly co…

(a) A person or business that violates Section 25510 shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment.…

A person who willfully prevents, interferes with, or attempts to impede the enforcement of this article by any authorized representative of a unified program agency is, upon conviction, guilty of a misdemeanor. (Added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1,…

(a) All criminal penalties collected pursuant to this article shall be apportioned in the following manner: (1) Fifty percent shall be paid to the office of the city attorney, district attorney, or the Attorney General, whichever office brought the action. (2) Fifty percent shall…

(a) (1) If the unified program agency determines that a business has engaged in, is engaged in, or is about to engage in acts or practices that constitute or will constitute a violation of this article or a regulation or order adopted or issued pursuant to this article, and when …

Every civil action brought under this article or Article 2 (commencing with Section 25531) shall be brought by the city attorney, county counsel, district attorney, or the Attorney General in the name of the people of the State of California, and any actions relating to the same …

(a) In a civil action brought pursuant to this article or Article 2 (commencing with Section 25531) in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it is not necessary to allege or prove at any stage of the proceeding any of the …

(a) A person who provides information that materially contributes to the imposition of a civil penalty, whether by settlement or court order, under Section 25515 or 25515.2, as determined by the city attorney, county counsel, district attorney, or the Attorney General filing the …

The secretary may develop materials, including guidelines and informational pamphlets, to assist businesses to fulfill their obligations under this article. (Amended by Stats. 2021, Ch. 115, Sec. 34. (AB 148) Effective July 22, 2021.)

This article shall be construed liberally so as to accomplish the intent of the Legislature in protecting the public health, safety, and the environment. (Repealed and added by Stats. 2013, Ch. 419, Sec. 3. (SB 483) Effective January 1, 2014.)

If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to that end the…

(a) The Legislature finds and declares that a significant number of chemical manufacturing and processing facilities generate, store, treat, handle, refine, process, and transport hazardous materials. The Legislature further finds and declares that, because of the nature and volu…

The Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and safety, and that this right includes full and timely access to hazard assessment information, including offsite consequence ana…

(a) The Legislature finds and declares that as the state implements the federal accidental release prevention program pursuant to this article, the agency will play a vital and increased role in preventing accidental releases of extremely hazardous substances. The Legislature fur…

Unless the context indicates otherwise, the following definitions govern the construction of this article: (a) “Accidental release” means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source. (b) “…

(a) The program for prevention of accidental releases of regulated substances adopted by the United States Environmental Protection Agency pursuant to subsection (r) of Section 112 of the federal Clean Air Act (42 U.S.C. Sec. 7412(r)), with the additional provisions specified in …

(a) For any stationary source with one or more covered processes, the unified program agency may make a determination as to whether there is a significant likelihood that the use of regulated substances by a stationary source may pose a regulated substances accident risk. (b) (1)…

(a) The agency, in consultation with the unified program agencies, industry, the public, and other interested parties, shall adopt regulations for all of the following activities: (1) The registration of stationary sources subject to this article. (2) The receipt, review, revisio…

(a) A city or county that adopts, amends, or repeals an ordinance related to the regulation of regulated substances pursuant to this article shall do so at a public meeting for which notice has been given in a newspaper of general circulation that is published and circulated in t…

Each RMP required to be prepared pursuant to this article shall give consideration to the proximity of the facility or proposed facility to populations located in schools, residential areas, general acute care hospitals, long-term health care facilities, and child day care facili…

Any new or modified stationary source which is required to prepare an RMP pursuant to this article shall be subject to the requirements of Section 65850.2 of the Government Code. (Repealed and added by Stats. 1996, Ch. 715, Sec. 12. Effective January 1, 1997.)