Notice of Proposed Rulemaking Title 27, California Code of Regulations: Proposed Amendment of Section 25903, Notice of Violation
NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA) proposes to amend Title 27, Cal. Code of Regulations, section 25903(c)(1), to allow 60-day notices of violation to be sent to certain state and local prosecutors via electronic mail, if the prosecutor has consented to such service. At the request of affected stakeholders, OEHHA has developed proposed regulatory amendments to Title 27, Cal. Code of Regulations, section 25903(c)(1). The text of the proposed amendments is attached to this notice.
PUBLIC PROCEEDINGS
OEHHA is requesting public comment concerning these proposed amendments to the regulation. A public hearing to present oral comments will be scheduled only upon request. Such a request must be submitted in writing no later than 15 days before the close of the comment period on January 19, 2010. The written request must be received by OEHHA at the address listed below no later than January 4, 2010. A notice for the public hearing, if one is requested, will be posted on the OEHHA web site at least ten days in advance of the hearing date. The notice will provide the date, time, location and subject matter to be heard. Notices will also be sent to those individuals requesting such notification.
Any written statements or arguments, regardless of the form or method of transmission, must be received by OEHHA by 5:00 p.m. on January 19, 2010, which is hereby designated as the close of the written comment period. Written comments regarding this proposed action may be sent by fax, mail or by e-mail addressed to:
Fran Kammerer
Office of Environmental Health Hazard Assessment
P. O. Box 4010
Sacramento, California 95812-4010
Telephone: 916-445-4693
Fax: 916-323-2610
E-mail: fkammerer@oehha.ca.gov
Comments sent by courier should be delivered to:
Fran Kammerer
Office of Environmental Health Hazard Assessment
1001 I Street, 23rd Floor
Sacramento, California, 95814
It is requested, but not required, that hard-copy statements or arguments be submitted in triplicate.
CONTACT
Inquiries concerning the action described in this notice may be directed to Fran Kammerer, Staff Counsel via e-mail at fkammerer@oehha.ca.gov, or via mail at OEHHA, P.O. Box 4010 Sacramento, California 95812-4010. Monet Vela is a back-up contact person for inquiries concerning processing of this action and is available at (916) 323-2517 or mvela@oehha.ca.gov.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
The Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65 (hereinafter referred to as “Proposition 65” or “the Act”), was enacted as a voters’ initiative on November 4, 1986, and codified at Health and Safety Code section 25249.5 et seq. The Office of Environmental Health Hazard Assessment, within the California Environmental Protection Agency is the state entity responsible for the implementation of the Act. OEHHA has the authority to promulgate and amend regulations to further the purposes of the Act. The Act requires businesses to provide a warning when they cause an exposure to a chemical listed as known to cause cancer or reproductive toxicity. The Act also prohibits the discharge of listed chemicals to sources of drinking water.
Section 25903(c)(1) of the California Code of Regulations, Title 27 requires a person who brings an action in the public interest for violation of Proposition 65 to first give notice of the alleged violation to the alleged violator, the Attorney General, district attorney, city attorney or prosecutor in whose jurisdiction the violation occurred (city attorneys only for cities with populations over 750,000), 60 days prior to filing an enforcement action. Currently, these so-called “60-Day Notices” are served via U.S. Mail on all public prosecutors in the state. This notification process can be expensive and time-consuming for both the person providing the notice and the district attorneys and city attorneys throughout the state who have to sort through a significant volume of mail to determine whether any specific notice affects their jurisdiction. This process also requires a significant amount of paper, and creates additional, and often unnecessary, mail work at these offices. Often the alleged violations did not take place in the counties or cities that have been notified, and thus are disregarded. Therefore, the current notification process is not efficient for all parties involved and an amendment to the existing regulation is necessary.
AUTHORITY
Health and Safety Code section 25903.
REFERENCE
Health and Safety Code sections 25249.5, 25249.6, 25249.11(b), and 25249.12
IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS
OEHHA has determined the proposed regulatory action would not impose a mandate on local agencies or school districts; nor does it require reimbursement by the State pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code.
OEHHA has also determined that no nondiscretionary costs or savings to local agencies or school districts will result from the proposed regulatory action. Proposition 65 expressly does not apply to federal, state or local governmental agencies (Health and Safety Code section 25249.11(b)).
COSTS OR SAVINGS TO STATE AGENCIES
OEHHA has initially determined that no significant savings or increased costs to any State agency will result from the proposed regulatory action. Proposition 65 expressly does not apply to federal, state or local governmental agencies (Health and Safety Code section 25249.11(b)).
EFFECT ON FEDERAL FUNDING TO THE STATE
OEHHA has initially determined that no costs or savings in federal funding to the State will result from the proposed regulatory action.
EFFECT ON HOUSING COSTS
OEHHA has initially determined that the proposed regulatory action will have no effect on housing costs.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE
OEHHA has made an initial determination that the adoption of the amendments to the regulation will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. The proposed regulation does not impose any new requirements upon private persons or business.
IMPACT ON THE CREATION, ELIMINATION, OR EXPANSION OF JOBS/BUSINESSES
OEHHA has initially determined that the proposed regulatory action will not have any impact on the creation or elimination of jobs, the creation of new businesses or the elimination of existing businesses, or the expansion of businesses currently doing business within the State of California.
COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES
OEHHA is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.
EFFECT ON SMALL BUSINESSES
OEHHA has determined that the proposed regulatory action will not impose any new or additional requirements on small businesses and may reduce the costs associated with service of 60-day notices of violation by allowing such notices to be served via electronic mail on certain public prosecutors.
CONSIDERATION OF ALTERNATIVES
OEHHA is required by Government Code section 11346.5(a)(13) to determine that no reasonable alternative considered by OEHHA, or that has otherwise been identified and brought to the attention of OEHHA, would be more effective in carrying out the purpose for which the action is proposed, or would be as effective and less burdensome to affected private persons than the proposed action. OEHHA requested comments from District Attorneys and City Attorneys in all 58 California counties and received favorable responses to the proposed amendments. The electronic service option that will be made available through these proposed amendments is not mandatory. Since a few District Attorney’s were uncomfortable with electronic notice, the proposed regulatory amendments provide that electronic service may only be used where the public prosecutor has consented to such a service and has provided an e-mail address to the Attorney General’s Office for posting on their Web site.
AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS
OEHHA has prepared and has available for public review an Initial Statement of Reasons for the proposed regulatory amendments, all the critical information upon which the regulation is based, and the text of the proposed amendments to the regulation. A copy of the Initial Statement of Reasons and a copy of the text of the proposed regulation are available upon request from Monet Vela at the telephone number indicated above. These documents are also posted on OEHHA’s Web site.
AVAILABILITY OF CHANGED OR MODIFIED TEXT
The full text of any proposed regulation which is changed or modified from the express terms of the proposed action will be made available at least 15 days prior to the date on which OEHHA adopts the resulting regulation. Notice of the comment period on the changed proposed regulations and the full text will be mailed to individuals who testified or submitted oral or written comments at the public hearing, whose comments were received by OEHHA during the public comment period, and who request notification from OEHHA of availability of such change. Copies of the notice and the changed regulation will also be available at OEHHA’s web site.
FINAL STATEMENT OF REASONS
A copy of the Final Statement of Reasons may be obtained, when it becomes available, from OEHHA’s Monet Vela at the telephone number indicated above. The Final Statement of Reasons will also be available at OEHHA’s web site.
Health and Safety Code section 25249.12(a)
