Amended in Senate August 19, 2015

Amended in Senate June 24, 2015

Amended in Senate May 27, 2015

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 and repeal Section 25269.9 of the Health and Safety Code, relating to hazardous substances.


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 for certain other 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, until January 1, 2019, would define the term “uncollectible account” and would authorize the department not to pursue an uncollectible account and to write off or write down that uncollectible account, as specified.

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

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

P2    1


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) begin deleteIt end deletebegin insertConsistent with a determination by the department, it end insertis
9not cost effective or practicablebegin insert for the departmentend insert to seek recovery
10of an uncollectible account, as defined in subdivision (b).

11(b) For purposes of this section, “uncollectible account” means
12 response action, corrective action, or oversight costs, including
13accrued interest, incurred by the department that meet all of the
14following conditions:

15(1) The response action, corrective action, or oversight costs
16were incurred by the department on or after July 1, 1987, but not
17later than December 31, 2013, while overseeing or carrying out a
18response or corrective action pursuant to Chapter 6.5 (commencing
19with Section 25100) or Chapter 6.8 (commencing with Section

21(2) The response action, corrective action, or oversight costs
22are not more than five thousand dollars ($5,000).

23(3) The department will not incur further response action,
24corrective action, or oversight costs related to the site for which
25the costs were incurred.

begin delete

26(4)  The department’s estimated cost to pursue the oversight
27costs exceeds the value of the oversight costs.

end delete

28(c) The department is not required to pursue an uncollectible
29account and may write off or write down that uncollectible account
30pursuant to Section 25269.8.

31(d) The requirements of Chapterbegin delete 5end deletebegin insert 3end insert (commencing with Section
3213940) 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).

3(e) This section shall remain in effect only until January 1, 2019,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2019, deletes or extends that date.