DTSC Cost Recovery Bills Introduced

By CMTA Staff

Capitol Update, Feb. 27, 2015 Share this on FacebookTweet thisEmail this to a friend

In August of 2014, the State Auditor’s office, released a report soundly criticizing the Department of Toxic Substances Control  (DTSC) for failing to collect over $100 million from parties responsible for the cleanup of contaminated sites over the last 20 years. The report stated, “lack of diligence in cost recovery contributed to millions in unbilled and uncollected costs” which taxpayers have been forced to cover. At the time, Assemblymember Luis Alejo (D-Watsonville), Chairman of the Assembly Environmental Safety and Toxic Materials Committee held an oversight hearing to learn what the impediments were to DTSC being able to achieve their mission.

During the interim between legislative sessions, Alejo’s committee staff began working on legislation to help DTSC become more effective and held numerous meetings with stakeholders. The results are four bills which were introduced as committee bills on February 11th.

  • AB 273– Hazardous Waste and Substances: Corrective Action Liability – increases the interest rate on late payments to DTSC;
  • AB 274– Oversight Costs: Uncollected Accounts – permits DTSC to waive outstanding bills valued at $5,000 or less;
  • AB 275– Hazardous Substances: Liability Recovery Action – revises the State’s statute of limitation on cost recovery; and
  • AB 276– DTSC: Response Action Ability to Pay Information – authorizes DTSC to compel potential responsible parties to submit pertinent financial information.

If your company is a “potentially responsible party” for a hazardous material cleanup, CMTA urges you to review these four bills carefully and provide us with feedback on their impact.

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