AB 274, as amended, 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 forbegin delete removal or remedialend deletebegin insert certain otherend insert 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”begin delete and, in addition to the authority specified above,end deletebegin insert andend insert would authorize the department not to pursue an uncollectible account and to write offbegin insert or write downend insert that uncollectiblebegin delete account.end deletebegin insert account, as specified.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 25269.9 is added to the Health and Safety
2Code, to read:
(a) The Legislature finds and declares both of the
4following:
5(1) The department should prioritize its cost recovery efforts to
6make the most efficient use of its resources available for that
7activity.
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
11begin delete an oversight cost that meetsend deletebegin insert
response action, corrective action, or
12oversight costs, including accrued interest, incurred by the
13department that meetend insert all of the following conditions:
14(1) Thebegin delete oversight cost wasend deletebegin insert response action, corrective action,
15or oversight costs wereend insert incurred by the department on or after July
161, 1987, but not later than December 31, 2013, while overseeing
17begin delete a cleanup action pursuant to the authority specified in subdivision begin insert or carrying out a response or corrective
18(a) of Section 25269.2.end delete
19action pursuant to Chapter 6.5
(commencing with Section 25100)
20or Chapter 6.8 (commencing with Section 25300).end insert
21(2) Thebegin delete amount of the uncollected cost isend deletebegin insert response action,
22corrective action, or oversight costs areend insert not more than five
23thousand dollars ($5,000).
24(3) The department will not incur furtherbegin delete oversight costs with begin insert response action, corrective action,
25regard to that cleanup action.end delete
26or oversight costs related to the site for which the costs were
27incurred.end insert
28(4) The department’s estimated cost to pursue the oversight
29costs exceeds the value of the oversight costs.
30(c) begin deleteIn addition to the authority specified in Section 25269.8, the end delete
31begin insertThe end insertdepartment is not required to pursue an uncollectible account
32and may write offbegin insert or write downend insert that uncollectiblebegin delete account.end deletebegin insert account
33pursuant to Section 25269.8.end insert
34(d) The requirements of Chapter 5 (commencing with Section
3513940) of Part 4 of Division 3 of Title 2 of the Government Code
P3 1shall not apply to any action taken by the department pursuant to
2subdivision (c).
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