ELECTRONIC DISCOVERY
The law is quite complex, and cannot be summarized effectively in this blog. However, if your organization or group would like a free seminar on the topic, let me know.
AB 5 can be found at http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0001-0050/ab_5_bill_20090629_chaptered.html.
HAZARDOUS MATERIALS BUSINESS PLANS
AB 305 extends, from one to five years, the statute of limitations on actions for civil penalties or punitive damages related to business plans for the handling of hazardous materials (Chapter 6.95 [commencing with H&S 25500] of Division 20 of the Health & Safety Code).
This amendment, which went into effect 1/1/10, conforms the statute of limitations for hazardous materials business plans to the statute of limitations for other hazardous materials and waste violations in the same division of the Health & Safety Code.
AB 305 can be found at http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0301-0350/ab_305_bill_20091011_chaptered.html.
METH LAB CONTAMINATION
AB 1489, which went into effect 1/1/10, changes the level of contamination by methamphetamine laboratory activity that is “safe” for human occupancy from less than or equal to 0.1 micrograms per 100 square centimeters, to less than or equal to 1.5 micrograms per 100 square centimeters. This is the maximum level of residue from methamphetamine that may be present without rendering the property uninhabitable. AB 1489 can be found at http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1451-1500/ab_1489_bill_20091011_chaptered.html.
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DISCONNECTING A MARINE SANITATION DEVICE
SB 717 specifies a fine of up to $500 as the punishment for the infraction of disconnecting or bypassing a marine sanitation device so as to potentially discharge sewage, or operating a vessel in which the marine sanitation device is not properly secured. SB 717 also specifies the punishment (up to six months in jail and/or a fine of up to $1,000) for a misdemeanor violation of this section (which is either a second or subsequent violation of the infraction crimes noted above, or the crime of disconnecting or bypassing a marine sanitation device so as to discharge sewage into the waters of this state).
SB 717 can be found at http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0701-0750/sb_717_bill_20091011_chaptered.html.
Speaking of marine sewage, SB 614 extends, from January 1, 2010 to January 1, 2014, the sunset date for those sections of the Pub. Resources Code that regulate the release of sewage from large passenger vessels and oceangoing ships. These sections are a part of the California Clean Coast Act. SB 614 can be found at http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0601-0650/sb_614_bill_20091011_chaptered.html.
Both laws went into effect 1/1/10.
VACUUM OR SUCTION DREDGING FOR MINING PURPOSES
SB 670, which went into effect 1/1/10, prohibits vacuum or suction dredging for mining purposes in any river, stream, or lake until an environmental review of existing suction dredge mining regulations has been completed, and new regulations are adopted and operative. [The bill specifies that non-motorized recreational mining activities, such as panning for gold, are not prohibited.] SB 670 can be found at http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0651-0700/sb_670_bill_20090806_chaptered.html.
FAILING TO REPORT AN OIL SPILL IN STATE WATERS
Current law related to oil spills occurring in waters of the state, other than marine waters, only specifies that fines are to be imposed; there is no jail time associated with the violations. AB 305, which went into effect 1/1/10, specifies that knowingly failing to report an oil spill, or making a false report about an oil spill, is punishable as a misdemeanor (with imprisonment in the county jail for up to one year). The amount of the maximum fine is maintained per current law ($50,000).
Also, AB 305 notes that prosecution or sentencing under other provisions of law is not precluded by the existence of this law.
AB 305 can be found at http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0301-0350/ab_305_bill_20091011_chaptered.html.
THEFT OF RECYCLABLES
SBx3 18, which went into effect 1/1/10, increased from $400 to $950 the threshold value of stolen recyclable materials that may be charged as either an infraction or misdemeanor. The threshold necessary for a felony charge is also increased from $400 to $950. SBx3 18 can be found at http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx3_18_bill_20091011_chaptered.html.
SCHOOL BUS IDLING, AND IDLING AT SCHOOLS
Existing regulations issued by the ARB require drivers of school buses, transit buses, school pupil activity buses, youth buses, general public paratransit vehicles, and specified transit buses and commercial motor vehicles to, among other things, turn off the bus or vehicle engine upon stopping at or within 100 feet of a school, prohibits those drivers from turning the bus or vehicle engine on more than 30 seconds before beginning to depart from a school or within 100 feet of a school, and prohibits those drivers from causing the bus or vehicle to idle for more than 5 consecutive minutes or 5 aggregate minutes in any one hour at any location greater than 100 feet from a school.
SB 124, which went into effect 1/1/10, provides that the regulations adopted by the Air Resources Board may be enforced by peace officers, the state board, and air districts, and increases penalties for a violation by setting a minimum civil penalty of $300, adding other civil penalties pursuant to H.&S.C. § 39674, and providing for criminal penalties as set forth in H.&S.C. §§ 42400–42410 (misdemeanor and felony crimes pertaining to air contaminants). SB 124 can be found at http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0101-0150/sb_124_bill_20091011_chaptered.html.
FALSE CLAIMS ACT
Some plaintiffs have found that the False Claims Act is an interesting and esoteric tool that has application in some environmental circumstances.
AB 1196 made some changes to the law, which went into effect Jan. 1, 2010.
The False Claims Act was created to address the problem of companies or contractors defrauding state and local governments of public funds by making false claims for payment or reimbursement for their services. The Attorney General is required to diligently investigate violations involving state funds. The prosecuting authority is required to diligently investigate violations involving political subdivision funds. “Prosecuting authority” is defined as the county counsel, city attorney, or other local government official charged with investigating, filing, and conducting civil legal proceedings on behalf of, or in the name of, a particular subdivision.
Among other things, this bill adds the Attorney General and the prosecuting authority to the entities (the court) whose consent is necessary for the dismissal of an action brought by a qui tam plaintiff. [A qui tam plaintiff is a person who brings a civil action for a violation of the False Claims Act for himself or herself and either for the State of
Changes the statute of limitations to provide that a civil action may not be filed more than three years from the date of discovery by the Attorney General or prosecuting authority with jurisdiction to act, and in any event, not more than 10 years after the date the violation was committed. [Previously, the discovery that triggered the three-year statute of limitations was discovery by an official of the state or political subdivision.]
Uncodified Section 5 of the bill provides that the Attorney General or prosecuting authority of a political subdivision has a duty to investigate violations of Gov. Code § 12651 (i.e., false claims). [Gov. Code § 12652 already provides that both are required to “diligently investigate” violations of Gov. Code § 12651.]
AB 1196 can be found at http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1151-1200/ab_1196_bill_20091011_chaptered.html.