Bill Text: CA SB1285 | 2019-2020 | Regular Session | Amended

California Senate Bill 1285 (Prior Session Legislation)

Bill Title: Navigable waters: hazardous, medical, or human waste.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2020-08-04 - August 4 set for first hearing canceled at the request of author. [SB1285 Detail]

Download: California-2019-SB1285-Amended.html

Amended IN Assembly July 27, 2020

Amended IN Senate March 26, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 1285

Introduced by Senator Nielsen
(Coauthor: Senator Dahle)

February 21, 2020

An act to amend Section ~~101080~~ 117480 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL'S DIGEST

SB 1285, as amended, Nielsen. ~~Local health emergencies: navigable waters.~~ Navigable waters: hazardous, medical, or human waste.

Existing law makes it a misdemeanor to place, deposit, or dump garbage in or upon the navigable waters of this state, or to place, deposit, or load it upon a vessel, with intent that it be dumped or deposited in or upon the navigable waters of this state or at any point in the ocean within 20 miles of any point on the coastline of the state.
Existing law specifies the methods by which hazardous and medical waste may be disposed of and makes the disposal in violation of those provisions a misdemeanor.
Existing law authorizes the State Public Health Officer or a local health officer to declare a local health emergency in a jurisdiction where a release of hazardous or medical waste is determined to be an immediate threat to the public health.
This bill would also make it a misdemeanor to place, deposit, or dump hazardous, medical, or human waste in or upon the navigable waters of this state, or to place, deposit, or load it upon a vessel, with intent that it be dumped or deposited in or upon the navigable waters of this state or at any point in the ocean within 20 miles of any point on the coastline of the state. The bill would also authorize a public health officer to declare a public health emergency if the garbage or hazardous, medical, or human waste constitutes a threat to the public health. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, whenever a release, spill, escape, or entry of waste occurs, as specified, and the Director of Health Care Services or the local health officer determines that as a result there is an immediate threat to the public health, the director is authorized to declare a health emergency and the local health officer is authorized to declare a local health emergency in the jurisdiction affected by the threat to the public health.
This bill would authorize a local health officer to declare a local health emergency in the jurisdiction whenever the local health officer determines that there is an immediate threat to the public health due to the presence of waste within the navigable waters of the state.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

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

SECTION 1.

Section 117480 of the Health and Safety Code is amended to read:

117480.

(a) Every person who places, deposits, or dumps ~~any~~ garbage or hazardous, medical, or human waste in or upon the navigable waters of this state, or who places, deposits, or loads it any of those items upon ~~any~~ a vessel, with intent that it shall be dumped or deposited in or upon the navigable waters of this state, or at any point in the ocean within ~~twenty~~ 20 miles of any point on the ~~coast line~~ coastline of the state, is guilty of a misdemeanor.

(b) A public health officer may declare a public health emergency pursuant to Section 101080 if the garbage or hazardous, medical, or human waste constitutes a threat to the public health.

SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SECTION 1.Section 101080 of the Health and Safety Code is amended to read:
101080.
(a)(1)Whenever a release, spill, escape, or entry of waste occurs as described in paragraph (2) of subdivision (b) of Section 101075 and the director or the local health officer reasonably determines that the waste is a hazardous waste or medical waste, or that it may become a hazardous waste or medical waste because of a combination or reaction with other substances or materials, and the director or local health officer reasonably determines that the release or escape is an immediate threat to the public health, or whenever there is an imminent and proximate threat of the introduction of any contagious, infectious, or communicable disease, chemical agent, noncommunicable biologic agent, toxin, or radioactive agent, the director may declare a health emergency and the local health officer may declare a local health emergency in the jurisdiction or any area thereof affected by the threat to the public health.
(2)A local health officer may declare a local health emergency in the jurisdiction whenever the local health officer determines that there is an immediate threat to the public health due to the presence of waste within the navigable waters of the state.
(b)Whenever a local health emergency is declared by a local health officer pursuant to this section, the local health emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the board of supervisors, or city council, whichever is applicable to the jurisdiction. The board of supervisors, or city council, if applicable, shall review, at least every 30 days until the local health emergency is terminated, the need for continuing the local health emergency and shall proclaim the termination of the local health emergency at the earliest possible date that conditions warrant the termination.