Amended  IN  Senate  March 20, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 86

Introduced by Senator Portantino

January 10, 2019

An act to amend Section 57013 of the Health and Safety Code, relating to hazardous materials. An act to add Section 32261.5 to the Education Code, relating to school safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 86, as amended, Portantino. Hazardous materials: reporting. School safety: lockdown drills.
Existing law requires every person and public officer managing, controlling, or in charge of any public, private, or parochial school, other than a 2-year community college, to cause the fire alarm signal to be sounded not less than once every calendar month and is required to conduct a fire drill at least once every calendar month at the elementary level, at least 4 times every school year at the intermediate levels, and at least twice every school year at the secondary level.
The Interagency School Safety Demonstration Act of 1985 requires school districts and county offices of education to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires the plan to include specified components, including procedures for conducting tactical responses to criminal incidents.
This bill would require a school district to conduct 4 lockdown drills each school year at each of its schools. By imposing additional duties on school districts, 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.

Existing law establishes the Department of Toxic Substances Control and vests the department with the duties and responsibilities of regulating the use and disposal of hazardous materials. Existing law authorizes the department to require a person submitting a report, workplan, schedule, notice, request, application, or other document or data required by law to submit the document or data in an electronic format.

This bill would make nonsubstantive changes to the electronic reporting requirement.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 32261.5 is added to the Education Code, to read:

32261.5.
 Commencing with the 2020–21 school year, a school district that maintains kindergarten or any of grades 1 to 12, inclusive, shall conduct four lockdown drills each school year at each of its schools.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 57013 of the Health and Safety Code is amended to read:
57013.

(a)The Department of Toxic Substances Control may require a person submitting a report, workplan, schedule, notice, request, application, or other document or data for purposes of compliance with this code, the Education Code, or other related regulations to submit the document or data in an electronic format, if the document is submitted to either of the following:

(1)The Department of Toxic Substances Control.

(2)A unified program agency implementing the unified program specified in Chapter 6.11 (commencing with Section 25404) of Division 20.

(b)The Department of Toxic Substances Control may require that a document or data submitted in electronic format include the latitude and longitude that are accurate to within one meter of the location where a sample analyzed in the document or data was collected.

(c)The Department of Toxic Substances Control shall adopt standards, that include electronic formats, for the submission of reports, workplans, schedules, notices, requests, applications, or other documents or data. The adopted standards also shall include formats for analytical and environmental compliance data that may be submitted along with those documents. When adopting these standards, the Department of Toxic Substances Control shall only consider electronic formats that meet all of the following criteria:

(1)Are available at no cost.

(2)Are available in the public domain.

(3)Have available public domain means to import, manipulate, and store data.

(4)Allow importation of data into tables that indicate relational distances.

(5)Allow verification of data submission consistency.

(6)Allow inclusion of all of the following information:

(A)The physical site address from which the sample was taken, and information required for permitting and reporting an unauthorized release.

(B)Environmental assessment data taken during the initial site investigation phase, as well as the continuing monitoring and evaluation phases.

(C)The latitude and longitude that are accurate to within one meter of the location where a sample was collected.

(D)A description of all tests performed on the sample, the results of the testing, quality assurance and quality control information, available narrative information regarding the collection of the sample, and available information concerning the laboratory’s analysis of the sample.

(7)Fulfill any additional criteria that the Department of Toxic Substances Control determines are appropriate for an effective electronic report submission program.

(d)In adopting standards pursuant to this section, the Department of Toxic Substances Control shall ensure the security of electronically submitted information.

(e)(1) The regulations adopted by the Department of Toxic Substances Control pursuant to this section, including regulations adopted pursuant to this section as amended during the 2017–18 Regular Session, may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare.

(2)Notwithstanding the time limitation in subdivision (e) of Section 11346.1 of the Government Code, an emergency regulation adopted or amended pursuant to this section shall not be repealed until one year after the effective date of the regulation, unless the Department of Toxic Substances Control readopts the regulation, in whole or in part, in compliance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.