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.