BILL NUMBER: AB 901 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Gordon
(Coauthor: Assembly Member Williams)
FEBRUARY 26, 2015
An act to amend Section 6254 of the Government Code, and to
amend Section 41821.5 of, to amend and renumber Section 41821.6
of, and to add Sections 41821.6, 41821.7, and 41821.8 to, the Public
Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 901, as amended, Gordon. Solid waste: reporting requirements:
enforcement.
The California Integrated Waste Management Act of 1989,
administered by the Department of Resources Recycling and Recovery,
generally regulates the disposal, management, and recycling of solid
waste. Existing law requires disposal facility operators to submit
information to counties from periodic tracking surveys on the
disposal tonnages that are disposed of at the disposal facility by
jurisdiction or region of origin. Existing law requires solid waste
handlers and transfer station operators to provide information to the
disposal facility on the origin of the solid waste they deliver to
the disposal facility. Existing law requires recycling and composting
facilities to submit periodic information to counties on the types
and quantities of materials that are disposed of, sold to end users,
or sold to exporters or transporters for sale outside of the state,
by county of origin. Existing law requires counties to submit
periodic reports to the cities within the county, to any regional
agency of which the county is a member, and to the Department of
Resources Recycling and Recovery on the amounts of solid waste
disposed of by jurisdiction or region of origin, and on the
categories and amounts of solid waste diverted to recycling and
composting facilities within the county or region. Existing law
authorizes the department to adopt regulations in this regard.
This bill would revise these provisions by, among other things,
(1) requiring recycling and composting operations and
facilities to submit specified information directly to the
department, rather than to counties, (2) requiring disposal
facility operators to submit tonnage information to the department,
and to count ies only on request, and
would delete (3) deleting the
requirement for counties to submit that information to cities,
regional agencies, and the department. The bill would delete
references to periodic tracking surveys. The bill would require
exporters, brokers, and transporters of recyclables or compost to
submit periodic information to the department on the types,
quantities, and destinations of materials that are disposed of, sold,
or transferred inside or outside of the state, and would authorize
the department to provide this information, on an aggregated basis,
to jurisdictions, as specified. The bill would make other
related changes to the various reporting requirements. The bill would
provide for imposition of civil penalties on any person who refuses
or fails to submit information required by the governing regulations,
and on any person who knowingly or willfully files a false report,
refuses to permit the department to inspect or examine associated
records, or alters, cancels, or obliterates entries in the records,
as specified. The bill would provide that the civil penalties may be
imposed either in a civil action or administratively pursuant to
procedures specified in the bill. The bill would provide for
local agencies, on request, to be designated by the department to
exercise the enforcement authority. specify the types
of waste disposal records that are subject to inspection and copying
by the department, and also by an employee of a government
entity, as defined, with respect to tonnage received at a disposal
facility that originates within the government entity's geographic
jurisdiction. The bill, with respect to those records, would prohibit
a government entity from disclosing the name of a waste hauler using
a specific landfill unless necessary as part of an administrative or
judicial proceeding, as specified. The bill would also authorize a
government entity to petition the superior court for injunctive or
declaratory relief to enforce these provisions. The bill would
require recovered civil penalties to be deposited in the Integrated
Waste Management Account if recovered by action of the
department, or to be retained by the local agency taking the
enforcement action, as applicable. The bill would require moneys
retained by a local agency pursuant to these provisions to be
expended on specified solid waste activities. Account.
The California Public Records Act provides that public records are
open to inspection at all times during the office hours of the state
or local agency that retains those records, and that every person
has a right to inspect any public record, but exempts certain records
from these requirements.
This bill would exempt certain waste disposal records subject to
inspection and copying by the department or a government entity from
disclosure under the California Public Records Act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6254 of the
Government Code is amended to read:
6254. Except as provided in Sections 6254.7 and 6254.13, this
chapter does not require the disclosure of any of the following
records:
(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
(2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency
referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.
(f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, the
Office of Emergency Services and any state or local police agency, or
any investigatory or security files compiled by any other state or
local police agency, or any investigatory or security files compiled
by any other state or local agency for correctional, law enforcement,
or licensing purposes. However, state and local law enforcement
agencies shall disclose the names and addresses of persons involved
in, or witnesses other than confidential informants to, the incident,
the description of any property involved, the date, time, and
location of the incident, all diagrams, statements of the parties
involved in the incident, the statements of all witnesses, other than
confidential informants, to the victims of an incident, or an
authorized representative thereof, an insurance carrier against which
a claim has been or might be made, and any person suffering bodily
injury or property damage or loss, as the result of the incident
caused by arson, burglary, fire, explosion, larceny, robbery,
carjacking, vandalism, vehicle theft, or a crime as defined by
subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or
conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
(1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,
266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,
288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as
added by Section 6 of Proposition 83 of the November 7, 2006,
statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75,
646.9, or 647.6 of the Penal Code may be withheld at the victim's
request, or at the request of the victim's parent or guardian if the
victim is a minor. When a person is the victim of more than one
crime, information disclosing that the person is a victim of a crime
defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this paragraph.
(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code. However, the address of the victim of any crime
defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,
266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of
the November 7, 2006, statewide general election), 288.5, 288.7, 289,
422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this
paragraph may not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. Nothing in this paragraph shall be
construed to prohibit or limit a scholarly, journalistic, political,
or government use of address information obtained pursuant to this
paragraph.
(g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
(i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
( l ) Correspondence of and to the Governor or
employees of the Governor's office or in the custody of or maintained
by the Governor's Legal Affairs Secretary. However, public records
shall not be transferred to the custody of the Governor's Legal
Affairs Secretary to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under these chapters.
Nothing in this subdivision shall be construed to limit the
disclosure duties of a state agency with respect to any other records
relating to the activities governed by the employee relations acts
referred to in this subdivision.
(q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91 (commencing with
Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare
and Institutions Code, that reveal the special negotiator's
deliberative processes, discussions, communications, or any other
portion of the negotiations with providers of health care services,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy, or that provide instruction,
advice, or training to employees.
(2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendment shall be open to inspection by the Joint Legislative Audit
Committee and the Legislative Analyst's Office. The committee and
that office shall maintain the confidentiality of the contracts and
amendments until the time a contract or amendment is fully open to
inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code.
(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 10133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170, or
26215 of the Penal Code by the sheriff of a county or the chief or
other head of a municipal police department that indicates when or
where the applicant is vulnerable to attack or that concerns the
applicant's medical or psychological history or that of members of
his or her family.
(2) The home address and telephone number of prosecutors, public
defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in applications for licenses to carry
firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of
the Penal Code by the sheriff of a county or the chief or other head
of a municipal police department.
(3) The home address and telephone number of prosecutors, public
defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in licenses to carry firearms issued
pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code
by the sheriff of a county or the chief or other head of a municipal
police department.
(v) (1) Records of the Managed Risk Medical Insurance Board and
the State Department of Health Care Services related to activities
governed by Part 6.3 (commencing with Section 12695), Part 6.5
(commencing with Section 12700), Part 6.6 (commencing with Section
12739.5), or Part 6.7 (commencing with Section 12739.70) of Division
2 of the Insurance Code, or Chapter 2 (commencing with Section 15810)
or Chapter 4 (commencing with Section 15870) of Part 3.3 of Division
9 of the Welfare and Institutions Code, and that reveal any of the
following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board or the department, entities with
which the board or the department is considering a contract, or
entities with which the board or department is considering or enters
into any other arrangement under which the board or the department
provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff or the department or its staff, or records that provide
instructions, advice, or training to their employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section
12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.70) of Division 2 of the Insurance
Code, or Chapter 2 (commencing with Section 15810) or Chapter 4
(commencing with Section 15870) of Part 3.3 of Division 9 of the
Welfare and Institutions Code, on or after July 1, 1991, shall be
open to inspection one year after their effective dates.
(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
(3) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with Section
9800) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board and
the State Department of Health Care Services related to activities
governed by Part 6.2 (commencing with Section 12693) or Part 6.4
(commencing with Section 12699.50) of Division 2 of the Insurance
Code or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing
with Section 15850) of Part 3.3 of Division 9 of, the Welfare and
Institutions Code, if the records reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board or the department, entities with
which the board or department is considering a contract, or entities
with which the board or department is considering or enters into any
other arrangement under which the board or department provides,
receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or the department or its staff, or records that provide
instructions, advice, or training to employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code, on or after January 1,
1998, or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing
with Section 15850) of Part 3.3 of Division 9 of, the Welfare and
Institutions Code shall be open to inspection one year after their
effective dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code or Sections 14005.26 and 14005.27
of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of
Division 9 of, the Welfare and Institutions Code, is amended, the
amendment shall be open to inspection one year after the effective
date of the amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
the board or its staff, or the department or its staff, shall also
apply to the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
applicants pursuant to Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code or Chapter 3 (commencing with
Section 15850) of Part 3.3 of Division 9 of the Welfare and
Institutions Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (f)
of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Emergency Management Agency for use by
that office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
"voluntarily submitted" means submitted in the absence of the office
exercising any legal authority to compel access to or submission of
critical infrastructure information. This subdivision shall not
affect the status of information in the possession of any other state
or local governmental agency.
(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
(ad) The following records of the State Compensation Insurance
Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed.
(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, work product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strategy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
(4) Records obtained to provide workers' compensation insurance
under Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code, including, but not limited to, any medical
claims information, policyholder information provided that nothing in
this paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections.
(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers'
Compensation, and the Department of Insurance to ensure compliance
with applicable law.
(6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.
(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(7) (A) Except as provided in subparagraph (C), contracts entered
into pursuant to Chapter 4 (commencing with Section 11770) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code is
amended, the amendment shall be open to inspection one year after the
amendment has been fully executed.
(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(D) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph.
(E) This paragraph is not intended to apply to documents related
to contracts with public entities that are not otherwise expressly
confidential as to that public entity.
(F) For purposes of this paragraph, "fully executed" means the
point in time when all of the necessary parties to the contract have
signed the contract.
(ae) Records relating to waste disposal required to be kept
pursuant to subdivision (b) or (g) of Section 41821.5 of the Public
Resources Code, and pursuant to any implementing regulations, that
are subject to inspection and copying by the Department of Resources
Recycling and Recovery, or a government entity as defined in
paragraph (4) of subdivision (g) of Section 41821.5 of the Public
Resources Code.
This section shall not prevent any agency from opening its records
concerning the administration of the agency to public inspection,
unless disclosure is otherwise prohibited by law.
This section shall not prevent any health facility from disclosing
to a certified bargaining agent relevant financing information
pursuant to Section 8 of the National Labor Relations Act (29 U.S.C.
Sec. 158).
SECTION 1. SEC. 2. Section 41821.5
of the Public Resources Code is amended to read:
41821.5. (a) Disposal facility operators shall submit to
counties information on the disposal tonnages by
jurisdiction or region of origin that are disposed of at each
disposal facility. facility to the
department, and to counties that request the information. To
enable disposal facility operators to provide that information, solid
waste handlers and transfer station operators shall provide
information to disposal facility operators on the origin of the solid
waste that they deliver to the disposal facility.
(b) Recycling and composting operations and facilities shall
submit periodic information to the department on the types and
quantities of materials that are disposed of, sold
sold, or transferred to other recycling or composting
facilities, sold to end users inside of the state
or outside of the state, or that are sold to
exporters, brokers, or transporters for sale inside of the state
or outside of the state. Exporters, brokers, and
transporters of recyclables or compost shall submit periodic
information to the department on the types, quantities, and
destinations of materials that are disposed of, sold, or transferred.
The information in these reports may be provided on an aggregated
facility-wide basis and need not include financial data, the
jurisdiction of the origin of the materials, or information on the
entities from which the materials are received. The department
may provide this information to jurisdictions
jurisdictions, aggregated by company, upon request.
Information submitted or provided pursuant to this subdivision shall
not be subject to disclosure under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).
(c) Each county shall submit reports to the cities within the
county, to any regional agency of which it is a member agency, and to
the department, on the amounts of solid waste disposed by
jurisdiction or region of origin, as specified in subdivision (a).
(d)
(c) The department may adopt regulations pursuant to
this section requiring practices and procedures that are reasonable
and necessary to implement this section, and that provide a
representative accounting of solid wastes and recyclable materials
that are handled, processed, or disposed. Those regulations approved
by the department shall not impose an unreasonable burden on waste
and recycling handling, processing, or disposal operations or
otherwise interfere with the safe handling, processing, and disposal
of solid waste and recyclables. To the extent regulations are
adopted, the department shall include in those regulations both of
the following:
(1) Procedures to ensure that an opportunity to comply is provided
prior to initiation of enforcement authorized by Section 41821.7.
(2) Factors to be considered in determining penalty amounts that
are similar to those provided in Section 45016.
(e)
(d) Any person who refuses or fails to submit
information required by regulations adopted pursuant to this section
is liable for a civil penalty of not less than five hundred dollars
($500) and not more than five thousand dollars ($5,000) for each
violation of a separate provision or, for continuing violations, for
each day that the violation continues.
(f)
(e) Any person who knowingly or willfully files a false
report, or any person who refuses to permit the department or any of
its representatives to make inspection or examination of records, or
who fails to keep any records for the inspection of the department,
or who alters, cancels, or obliterates entries in the records for the
purpose of falsifying the records as required by regulations adopted
pursuant to this section, is liable for a civil penalty of not less
than five hundred dollars ($500) and not more than ten thousand
dollars ($10,000) for each violation of a separate provision or, for
continuing violations, for each day that the violation continues.
(g)
(f) Liability under this section may be imposed in a
civil action, or liability may be imposed administratively pursuant
to this article.
(h) Upon request of a city, county, or city and county, that city,
county, or city and county may be designated, in writing, by the
department, to exercise the enforcement authority granted to the
department under this article. Any city, county, or city and county
so designated shall follow the same procedures set forth for the
department under this article. This designation shall not limit the
authority of the department to take action it deems necessary or
proper to ensure enforcement of this article.
(i)
(g) (1) Notwithstanding Title 5
(commencing with Section 3426) of Part 1 of Division 4 of the Civil
Code and Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, all records required to be kept
pursuant to this section and implementing regulations shall be
subject to inspection and copying by the department or by a
governmental entity designated by the department.
department, but shall not be subject to disclosure under the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
(2) In addition, an employee of a government entity may, at the
disposal facility, inspect and copy records related to tonnage
received at the facility and originating within its geographic
jurisdiction. Those records shall include weight tags that identify
the hauler, vehicle, quantity, date, type, and origin of waste
disposed of at a landfill. Those records shall be available to those
government entities for the purposes of subdivision (a) and as
necessary to fund their local programs, but those records shall not
be subject to disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code). Names of haulers using specific landfills
shall not be disclosed by a government entity unless necessary as
part of an administrative or judicial enforcement proceeding to fund
local programs or enforce local franchises.
(3) A government entity may petition the superior court for
injunctive or declaratory relief to enforce its authority under
paragraph (2). The times for responsive pleadings and hearings in
these proceedings shall be set by the judge of the court with the
object of securing a decision as to these matters at the earliest
possible time.
(4) For purposes of this section, a government entity is an entity
identified in Section 40145 or an entity formed pursuant to Section
40976.
(j)
(h) Notwithstanding the Uniform Electronic Transactions
Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of
Division 3 of the Civil Code), reports required by this section shall
be submitted electronically, using an electronic reporting format
system established by the department.
SEC. 2. SEC. 3. Section 41821.6 of
the Public Resources Code is amended and renumbered to read:
41821.9. To assist market development efforts by the department,
local agencies, and the private sector, the department shall use
existing data resources.
SEC. 3. SEC. 4. Section 41821.6 is
added to the Public Resources Code, to read:
41821.6. In order to ensure that records required pursuant to
this article are properly maintained, in addition to inspecting
all records, the department or its designee
may conduct audits, perform site inspections, observe facility
operations, and otherwise investigate the recordkeeping and reporting
of persons subject to the requirements of this article.
SEC. 4. SEC. 5. Section 41821.7 is
added to the Public Resources Code, to read:
41821.7. (a) The department may issue an administrative complaint
to any person on whom civil liability may be imposed pursuant to
this article. The complaint shall allege the acts or failures to act
that constitute the basis for liability and the amount of the
proposed civil liability. The complaint shall be served by personal
service or certified mail and shall inform the party so served that a
hearing shall be conducted within 60 days after the party has been
served, unless the party waives the right to a hearing.
(b) If the party waives the right to a hearing, the department
shall issue an order setting liability in the amount proposed in the
complaint unless the department and the party have entered into a
settlement agreement, in which case the department shall issue an
order setting liability in the amount specified in the settlement
agreement. If the party has waived the right to a hearing or if the
department and the party have entered into a settlement agreement,
the order shall not be subject to review by any court or agency.
(c) Any hearing required under this section shall be conducted by
an independent hearing officer according to the procedures specified
in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code, except as otherwise specified in
this section.
SEC. 5. SEC. 6. Section 41821.8 is
added to the Public Resources Code, to read:
41821.8. (a) Orders setting civil liability issued under this
section shall become effective and final upon issuance thereof, and
payment shall be made within 30 days of issuance. Copies of these
orders shall be served by personal service or by certified mail upon
the party served with the complaint and upon other persons who
appeared at the hearing and requested a copy.
(b) Within 30 days after service of a copy of a decision, any
person so served may file with the superior court a petition for writ
of mandate for review of the decision. Any person who fails to file
the petition within the 30-day period may not challenge the
reasonableness or validity of a decision or order of the hearing
officer in any judicial proceedings brought to enforce the decision
or order or for other remedies.
(c) Except as otherwise provided in this section, Section 1094.5
of the Code of Civil Procedure governs any proceedings conducted
pursuant to this subdivision. In all proceedings pursuant to
this subdivision, the court shall uphold the decision, if the
decision is based upon substantial evidence in the whole record.
(d) This section does not prohibit the court from granting any
appropriate relief within its jurisdiction.
(e) All penalties collected under this article shall be deposited
in the Integrated Waste Management Account created pursuant to
Section 48001 if the attorney who brought the action
represented the department, or shall be retained by a city, county,
or city and county designated pursuant to subdivision (c) of Section
41821.5, if the attorney who brought the action represents the city,
county, or city and county. The moneys retained by the city, county,
or city and county shall be expended on duties required under this
article and implementing regulations. 48001.