California Legislature—2015–16 Regular Session

Assembly BillNo. 274

Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Alejo (Chair), Dahle (Vice Chair), Gonzalez, Gray, McCarty, and Ting)

February 11, 2015

An act to add Section 25269.9 to the Health and Safety Code, relating to hazardous substances.


AB 274, as introduced, Committee on Environmental Safety and Toxic Materials. Oversight costs: uncollectible accounts.

Existing law requires the Department of Toxic Substances Control to comply with specified procedures when recovering oversight costs for corrective action taken pursuant to the hazardous waste control laws or for removal or remedial actions taken pursuant to the Carpenter-Presley-Tanner Hazardous Substances Account Act. The department is required to take specified actions with regard to uncollectible accounts, including reviewing all current outstanding receivables and making an appropriate adjustment for estimated uncollectible amounts. The department is authorized, if warranted, to write off or write down those receivable amounts.

This bill would define the term “uncollectible account” and, in addition to the authority specified above, would authorize the department not to pursue an uncollectible account and to write off that uncollectible account.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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Section 25269.9 is added to the Health and Safety
, to read:



(a) The Legislature finds and declares both of the

5(1) The department should prioritize its cost recovery efforts to
6make the most efficient use of its resources available for that

8(2) It is not cost effective or practicable to seek recovery of an
9uncollectible account, as defined in subdivision (b).

10(b) For purposes of this section, “uncollectible account” means
11an oversight cost that meets all of the following conditions:

12(1) The oversight cost was incurred by the department on or
13after July 1, 1987, but not later than December 31, 2013, while
14overseeing a cleanup action pursuant to the authority specified in
15subdivision (a) of Section 25269.2.

16(2) The amount of the uncollected cost is not more than five
17thousand dollars ($5,000).

18(3) The department will not incur further oversight costs with
19regard to that cleanup action.

20(4)  The department’s estimated cost to pursue the oversight
21costs exceeds the value of the oversight costs.

22(c) In addition to the authority specified in Section 25269.8, the
23department is not required to pursue an uncollectible account and
24may write off that uncollectible account.

25(d) The requirements of Chapter 5 (commencing with Section
2613940) of Part 4 of Division 3 of Title 2 of the Government Code
27shall not apply to any action taken by the department pursuant to
28subdivision (c).