Gavin Newsom Governor Yana Garcia Secretary for Environmental Protection
CALEPA UPDATE ON ASSEMBLY BILL 2059 CalEPA is providing notice to the regulated community subject to regulation under the Hazardous Materials Business Plan (HMBP) program regarding Assembly Bill (AB) 2059. AB 2059 was approved on September 13, 2022 and is effective on January 1, 2023. This bill amends the California Health and Safety Code (HSC), Chapter 6.95 Hazardous Materials Release Response Plans and Inventory, sections 25500, 25501, and 25507 and adds sections 25507.5 and 25508.3. Click HERE to view the full text of the bill. The following is intended to provide summary information regarding amendments to HSC Chapter 6.95. This summary is not a rule or regulation and does not replace or supersede applicable statutes or regulations. This summary is not inclusive of all amendments, including non-substantive amendments, to HSC Chapter 6.95 under AB 2059. In summary, the bill expands the scope of hazardous materials subject to regulation by narrowing the definition of “consumer product”. The bill requires a “supplier”, as defined, that sells or provides a certain amount of hazardous materials meeting certain requirements to a business in the state in certain quantities to maintain records containing specified information regarding the sale or provision of the hazardous materials for a minimum of one year and requires suppliers to make those records available to a Unified Program Agency (UPA) within 5 days when requested. The bill, except as provided, requires a handler subject to the business plan requirement, if directed by a UPA during an investigation or inspection, to notify the UPA if hazardous materials in certain quantities are to be removed from the storage or handling location and transferred to another location, and to disclose to the UPA certain information regarding the transfer. AMENDMENTS TO HSC CHAPTER 6.95 Consumer Products, Retail Establishments, Exemptions: 1. The definition of “consumer product” has been amended to mean a commodity that is used for personal, family, or household purposes, or that is present in the same form, concentration, and quantity as a product prepackaged for distribution to a consumer for personal, family, or household purposes. A product that is not sold for personal, family, or household use is not a “consumer product.” 2. The definition of “retail establishment” has been amended to mean a business that sells consumer products prepackaged for direct distribution to, and intended for use by, the end user. A retail establishment may include storage areas or storerooms in establishments that are separated from shelves for display areas but maintained