25570-25570.4
HEALTH AND SAFETY CODE
SECTION 25570-25570.4
25570. (a) The Legislature hereby finds and declares all of the following: (1) The public has a low level of confidence in the ability of government or the private sector to ensure that manufacturers, users and disposers of hazardous substances comply fully with legal requirements for the management of these substances. (2) Recent federal studies by Congress and executive agencies document that voluntary compliance with environmental regulations nationwide is at an all time low of 25 percent. Such factors as inadequate enforcement and inadequate understanding of complex requirements result in a level of compliance with environmental requirements which is lower than in the early 1970's. (3) Another report documents that private sector investment in pollution control equipment has dropped 38 percent nationwide since 1980. Investment levels have dropped at the same time that legal requirements for hazardous substance management are taking effect. (4) Small businesses which are faced with complex regulations often do not know how to most effectively manage chemicals, or how to comply with these regulations at the least cost to the business. (b) The Legislature further declares all of the following: (1) An Environmental Protection Agency policy statement issued in November of 1985 endorses the use of environmental quality assessments, which are also called environmental audits, and recommends that state and local governments initiate programs to encourage the broader use of the assessment process, and while the state should take steps to actively encourage the private sector use of environmental assessments, it is not the intention of the Legislature to require that any person or business utilize environmental assessors. (2) Environmental assessments can encourage voluntary compliance with both the letter and the spirit of the law as well as encourage cost-effective process improvements. By reducing potential liability, assessments can reduce the long-term costs of hazardous substance management. In addition, the use of assessments can help to build public confidence that hazardous substances are being managed in an increasingly safe manner. The use of independent environmental assessments is an important emerging feature of specific state hazardous substance management programs. (3) Many of California's major businesses have internal environmental assessment programs. Larger firms often maintain in-house staffs. (4) The state should provide a list of registered independent third-party assessors for use by small- and medium-sized firms seeking technical assistance to achieve and maintain regulatory compliance. 25570.1. This chapter shall be known and cited as the "Environmental Quality Assessment Act of 1986." 25570.2. For purposes of this chapter, the following terms have the following meaning: (a) "Air board" means the State Air Resources Board. (b) "Cal-OSHA" means the Division of Occupational Safety and Health in the Department of Industrial Relations. (c) "Department" means the Department of Toxic Substances Control. (d) "Director" means the Director of Toxic Substances Control. (e) "Water board" means the State Water Resources Control Board. (f) "Environmental quality assessment" or "assessment" means a systematic, documented, periodic, and objective review of the operations and practices, used by any commercial or industrial business or individual whose activities are regulated or conducted under Chapter 6.5 (commencing with Section 25100), Chapter 6.8 (commencing with Section 25300), or Chapter 6.95 (commencing with Section 25500), to achieve, monitor, maintain, and where feasible exceed, compliance with state environmental, worker health and safety, and public health requirements for the manufacture and use of hazardous substances and the generation and disposal of hazardous wastes. A complete environmental assessment includes a number of different components related to hazardous substance and hazardous waste management and requires the expertise of a variety of assessors. An environmental assessment includes technical or managerial recommendations or actions, of a general or specific nature, in one or more of the following areas: (1) Recommendations or specific actions for complying with, and where feasible, exceeding legal requirements in areas related to hazardous substance and hazardous waste management, including, but not limited to, air quality, water quality, emergency preparedness and response, hazard communications, and occupational safety and health. (2) A qualitative review, or where feasible, a quantitative review, of the risks resulting from occupational, public or environmental exposure to hazardous substances. (3) Recommendations or actions for anticipating and minimizing the risks specified in paragraph (2), including any potential liability, associated with regulated and unregulated hazardous substances, and any suggested management procedures or practices. (g) "Environmental assessor" or "assessor" means an individual who, through academic training, occupational experience, and reputation, is qualified to objectively conduct one or more aspects of an environmental assessment. Environmental assessors may include, but shall not be limited to, specialists trained as analytical chemists, professional engineers, geologists, environmental management system auditors, epidemiologists, hydrologists, attorneys with expertise in hazardous substance law, physicians, industrial hygienists, toxicologists, registered environmental health specialists, and environmental program managers. (h) "Hazardous substance" shall have the same meaning as found in Chapter 6.8 (commencing with Section 25300) and "hazardous waste" shall have the same meaning as found in Chapter 6.5 (commencing with Section 25100). 25570.3. (a) The director, in consultation with the Water Board, the Air Board, the Division of Occupational Safety and Health in the Department of Industrial Relations, and the Department of Consumer Affairs shall develop, adopt by regulation, and publicize criteria for, the voluntary registration of environmental assessors who have the experience or qualifications sufficient to conduct environmental assessments. The director shall determine minimum standards of performance and criteria for the establishment of two classes of environmental assessors. (b) In establishing criteria for the registration of class I environmental assessors the director shall consider all of the following: (1) The level of experience, including a minimum of two years of experience in successfully assisting businesses, government agencies, or labor organizations in the assessor's general field of expertise in managing hazardous substances or hazardous waste, or both. (2) Evaluations from clients, colleagues, and professional associations. (3) Skills or expertise that represent an area of specialty within a field, such as professional engineering or engineering geology, for which the state now offers a certification, licensing, or registration process. (4) Pertinent specialized certification, licensing, or registration programs offered by professional associations or other private sector organizations. (5) Specific areas of expertise, including, but not limited to, underground tank checks or removal, small generator waste reduction, recycling, treatment, and disposal, prevention and control of air emissions and water releases, assessment of soil or groundwater contamination, risk assessment and risk reduction recommendations, or occupational safety and health reviews. (c) In addition to registration as a class I environmental assessor, an applicant for registration as a class II environmental assessor shall, in addition to any requirements specified by regulation, meet both of the following requirements: (1) Possess a bachelor of science degree from an accredited college or university in a physical or biological science, engineering, or a related field. (2) Have a minimum of eight years of professional-level environmental experience, acquired within the last 10 years, of which four years shall be professional-level site mitigation experience acquired within the last six years. (d) The director may appoint an ad hoc advisory committee to assist in developing the requirements for the registration of class I and class II environmental assessors. The members of the ad hoc committee shall represent the range of professional skills that may be possessed by class I and class II environmental assessors, and shall be registered or certified in their respective professions by the State of California. (e) The director shall require each applicant for registration as a class I or class II environmental assessor to pay the following fees: (1) For a class I environmental assessor: (A) A nonrefundable application fee of up to fifty dollars ($50) for each applicant seeking registration as a class I environmental assessor. (B) An annual fee of up to one hundred dollars ($100) for registration as a class I environmental assessor. (2) For a class II environmental assessor: (A) A nonrefundable application fee of up to one hundred twenty-five dollars ($125) for each applicant seeking registration as a class II environmental assessor. (B) An annual fee of up to five hundred dollars ($500) for registration as a class II environmental assessor. (f) (1) The director shall assess the fees specified in paragraphs (1) and (2) of subdivision (e) at a level sufficient to meet the costs of application processing, registration, listing and publication, audits, complaints, investigations, disciplinary proceedings, and those other activities that are reasonably necessary to administer and implement the environmental assessor registration program. (2) The director shall deposit all fees collected pursuant to this section in the Environmental Quality Assessment Fund, which is hereby established in the State Treasury. The director may expend the funds in the Environmental Quality Assessment Fund, upon appropriation by the Legislature, to implement this chapter. (g) Any applicant who is denied registration shall be notified in writing by a letter signed by the director or the director's designee, stating the reasons for the denial. The applicant may respond to the registration denial by providing additional information for the purpose of clarifying the application, and may request reconsideration of the denial. (h) (1) On or before March of each year, the director shall, in collaboration with associations representing small and medium-sized businesses, publish, prepare, and disseminate a list of registered environmental assessors that are listed by class. (2) The list prepared pursuant to paragraph (1) shall be arranged in accordance with the types of tasks performed by the registered environmental assessor, and, at a minimum, shall specify the professional and employment affiliations and the specific area of expertise of the assessor, and shall indicate whether the assessor is a sales representative, owner, or part owner of a business that manufactures or distributes technology for hazardous substances or hazardous waste management. In addition, the list shall provide an alphabetical listing of firms that provide environmental assessment services and that employ registered assessors. The registered assessors employed by each firm shall be listed with the firm's name by class. The director shall include a written disclaimer of liability as part of the published list of registered assessors. (i) Each environmental assessor shall obtain a renewal of registration every five years following the date of the initial registration or renewal of registration. The director shall determine a renewal fee that is sufficient to cover the reasonable costs incurred in reassessing the qualifications of the applicant for renewal. In considering whether to renew a registration, the director shall also consider any factual complaints regarding the work of that assessor and may suspend or deny registration pursuant to subdivision (l). (j) Notwithstanding any other provision of law, no state agency or employee of a state agency shall be held liable for any injury or damages resulting from the services provided by a registered environmental assessor listed pursuant to subdivision (h). In any litigation regarding the registration process or the list of assessors, the Attorney General shall defend a state employee or state agency involved with the development or implementation of the program specified in this chapter. (k) The director may perform periodic audits of work performed and certified by an environmental assessor, as necessary, to ensure the desired standard of performance. A registered environmental assessor shall provide an authorized representative of the director with complete access, at any reasonable hour of the day, to all technical data, reports, records, environmental samples, photographs, maps, and files used in the preparation of certified reports, with the exception of proprietary or other confidential information. ( l) The director shall deny, suspend, or rescind an environmental assessor's registration when an assessor's performance falls below the minimum required standards of performance adopted pursuant to subdivision (a) or Section 25395.15, as determined by an audit conducted by an authorized representative of the director pursuant to subdivision (k) or Section 25395.12. In addition to a failure to meet the minimum standards of performance adopted pursuant to subdivision (a) or Section 25395.15, any one of the following findings shall be sufficient grounds for the denial, suspension, or rescission of a registration: (1) Gross negligence. (2) Inexcusable neglect of duty. (3) Intentional misrepresentation of laboratory data or other intentional fraud. (4) Charging for services not rendered, or for performing services that are not reasonably necessary. (5) Abandonment of any client, except for instances involving the nonpayment of fees for services rendered. (6) Conviction of a felony or misdemeanor involving the regulation of hazardous wastes, hazardous substances, or hazardous materials, including, but not limited to, a conviction of a felony or misdemeanor under Section 25395.13. (7) Conviction of a felony or misdemeanor involving moral turpitude. (8) Knowingly making a false statement regarding a material fact or knowingly fail to disclose a material fact in connection with an application for registration. (m) The director shall adopt, by regulation, a procedure for the appeal of a denial, suspension, or rescission of registration. 25570.4. Nothing in this article shall be construed to authorize a person registered as an environmental assessor pursuant to Section 25570.3 to practice civil, electrical, or mechanical engineering, or to exempt a registered civil, electrical, or mechanical engineer who is also a registered environmental assessor from Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code.