BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 273


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          273 (Committee on Environmental Safety and Toxic Materials)


          As Amended  July 8, 2015


          Majority vote


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          |ASSEMBLY:  | 64-9 | (April 20,    |SENATE: |25-10 | (August 31,     |
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          Original Committee Reference:  E.S. & T.M.


          SUMMARY:  Increases the interest rate accrued on monetary  
          obligations owed to the California Department of Toxic  
          Substances Control (DTSC).  Specifically, this bill:  


          1)Requires a person to pay for DTSC's costs to carry out or  
            oversee a corrective action with respect to the release of  
            hazardous waste.
          2)Authorizes the State Attorney General to recover costs  
            incurred with regard to carrying out or overseeing a removal  
            action, a remedial action, or a corrective action.


          3)Deletes the interest rate on monetary obligations owed to DTSC  
            as being the same rate earned on investments in the Surplus  
            Money Investment Fund, and establishes the interest rate,  
            until June 30, 2021, as 7% per annum, and commencing July 1,  
            2021, establishes the interest rate as 10% per annum, and 7%  








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            per annum for local governments.


          4)Requires DTSC to waive the interest if the obligation is paid  
            within 45 days of receipt of the invoice. 


          The Senate amendments: 


          1)Restore existing law and make clarifications as it relates to  
            DTSC requiring a person responsible for a corrective action  
            with respect to a release of hazardous waste or hazardous  
            waste constituents into the environment to pay for DTSC's  
            costs incurred in overseeing or carrying out a corrective  
            action. 


          2)Establish, until June 30, 2021, the interest rate as 7% per  
            annum, and commencing July 1, 2021, establishes the interest  
            rate as 10% per annum, and 7% per annum for local governments.  



          3)Make technical changes to conform terminology used in Health  
            and Safety Code Chapters 6.5 and 6.8. 


          4)Change, from 60 days to 45 days, the time frame in which DTSC  
            must waive the interest if the monetary obligation is paid. 


          5)Delete the requirement that DTSC waive the interest from  
            accruing for up to 180 days if the liable person in receipt of  
            the invoice notifies DSTC of dispute over all or a portion of  
            the invoice.


          











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          EXISTING LAW:  


          1)Requires a responsible party that is required to take  
            corrective action to pay for oversight of the removal or  
            remedial action.  (Health and Safety Code (H&S) Section  
            25187.2)
          2)Requires DTSC or regional board that has incurred costs in  
            overseeing or carrying out a remedial action to recover those  
            costs from the responsible party, and requires those  
            recoverable costs to be subject to interest.  (H&S Section  
            25360)


          3)Subjects monetary obligations owed to DTSC to an interest rate  
            that is the same rate earned on investments in the Surplus  
            Money Investment Fund.  (H&S Section 25360.1)


          4)Authorizes DTSC to waive the interest if the obligation is  
            satisfied within 60 days from the date of invoice.  (H&S  
            Section 25360.1)


          5)Establishes an interest rate at 10% per annum on the principal  
            amount of a money judgment remaining unsatisfied, and  
            establishes the right of the Legislature to change the rate of  
            interest at any time to a rate of less than 10% per annum,  
            regardless of the date of entry of the judgment or the date  
            any obligation upon which the judgment is based was incurred.   
            (Code of Civil Procedure Section 685.010)


          6)Establishes that interest on a tax or fee judgment against a  
            local public entity shall accrue at a rate equal to the weekly  
            average one year constant maturity United States Treasury  
            yield at the time of the judgment plus 2%, but shall not  
            exceed 7% per annum. (Government Code Section 970.1)










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          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.  



          COMMENTS:  State Audit Report:  On August 7, 2014, the Bureau of  
          State Audits (BSA) released a report on DTSC's cost recovery.   
          The BSA found that long-standing shortcomings with DTSC's  
          recovery of costs have resulted in millions of dollars in  
          unbilled and billed but uncollected cleanup costs dating back to  
          1987. 


          According to the report, "increasing the interest rate charged  
          on billed but delinquent unpaid amounts may improve the  
          timeliness of collections from responsible parties.  State law  
          requires the department to charge interest for invoices not paid  
          within 60 days at a rate equal to the rate of return earned on  
          investments in the State's Surplus Money Investment Fund (SMIF).  
           However, the SMIF interest rate is substantially lower than the  
          interest rate charged for late payments by other state entities,  
          such as the California State Board of Equalization (BOE).  For  
          example, for the quarter ending June 30, 2013, the SMIF interest  
          rate was 0.246 percent, while the BOE interest rate was 6  
          percent for the same period.  As long as the SMIF interest rate  
          remains low, there is less incentive for responsible parties to  
          make payments on time."


          The BSA recommended that in order to improve DTSC's efforts to  
          promptly recover its costs, the legislature should revise state  
          law to allow DTSC to use a higher interest rate assessed on late  
          payments. 


          Analysis Prepared by:                                             
                          Paige Brokaw / E.S. & T.M. / (916) 319-3965  FN:  
          0001257












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