Official Summary Text
SB 561, as amended, Blakespear.
Hazardous waste: Emergency Distress Flare Safe Disposal Act.
Appointment of public guardians.
Existing law requires a public guardian to apply for appointment as a guardian or conservator of the person, the estate, or the person and estate, if there is an imminent threat to a person’s health or safety or the person’s estate, there is no one else who is qualified and willing to act, as specified, the appointment would be in the best interests of the person, and the person is domiciled in the county. Existing law similarly requires a court to order a public guardian of a county to apply for appointment as a guardian or conservator if it appears that there is no one else who is qualified and willing to act, that the appointment as guardian or conservator appears to be in the best interests of the person, and the person is domiciled in the county. Existing law requires the public guardian to begin an
investigation within 2 business days of receiving a referral for conservatorship or guardianship.
This bill would require investigation to conclude no more than 15 business days after receiving the referral, unless there is good cause for an extension. The bill would require the public guardian to notify the referring party of the determination made at the conclusion of the investigation or notify the referring party of the extension. If the public guardian determines a conservatorship pursuant to the Lanterman-Petris-Short Act would be more appropriate for a proposed conservatee, the bill would require the public guardian to make a referral for investigation pursuant to that act. If the public guardian determines during an investigation pursuant to the act that a probate conservatorship would be more appropriate, the bill would require the public guardian to make a referral for probate investigation. If the public guardian refers an investigation, the bill would
require the original investigation to remain open until the conclusion of the referred investigation. By imposing new duties on the public guardian, a county officer, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)
Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control (DTSC) generally regulates the management and handling of hazardous waste and hazardous materials. Except as specified, a violation of the hazardous waste control laws is a crime.
This bill would create a manufacturer responsibility program for the safe and proper management of emergency distress flares. The bill would define “covered product” to include certain pyrotechnic devices that meet the criteria for household hazardous waste, as specified. The bill would require a manufacturer of a covered product, individually or through a manufacturer responsibility organization, to develop and implement a manufacturer responsibility plan for the collection, transportation, and the safe and proper management of
covered products, as specified. The bill would establish a process and timeline for DTSC to review and approve, disapprove, or conditionally approve a plan and for the implementation of an approved plan. The bill would require that an approved plan be published on DTSC’s internet website, except for specified manufacturer data that would not be open to public inspection. The bill would require, on or before January 1, 2027, DTSC to adopt regulations to implement the act.
This bill would require a manufacturer or manufacturer responsibility organization to prepare and submit to DTSC and make publicly available an annual report describing the activities carried out pursuant to the plan. The bill would require the annual report to include an application for renewal of the manufacturer’s responsibility plan. The bill would require all reports and records provided to DTSC pursuant to the act to be provided under the penalty of perjury. By expanding the scope of a crime,
the bill would impose a state-mandated local program.
This bill would require a manufacturer or manufacturer responsibility organization to pay DTSC all actual and reasonable regulatory costs for DTSC to implement and enforce the act, as provided. The bill would authorize DTSC to use funds appropriated for purposes that are consistent with this act to implement and enforce the act and would require DTSC to repay those funds, as specified below. The bill would establish the Marine Flare Recovery Fund in the State Treasury and would require the charges collected by DTSC to be deposited into that account for expenditure by DTSC, upon appropriation by the Legislature, to cover DTSC’s cost to implement and enforce the act and to repay the use of specified funds, as described above.
This bill would prohibit a manufacturer, retailer, dealer, importer, or distributor from selling, distributing, offering for sale, or importing a
covered product in or into the state that contains perchlorate.
By adding new requirements to the hazardous waste control laws, this bill would expand the scope of a crime and would impose a state-mandated local program.
(2)
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(3)
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures
for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.