BlackletterCalifornia law

CHAPTER 3. General Powers and Duties

Chapter 3 added by Stats. 2022, Ch. 257, Sec. 2.

§§ 78400–78620 · 35 sections

  1. ARTICLE 1. Regulatory Authority § 78400 · 1 section
    • § 78400 The department shall adopt any regulations necessary to carry out its responsibilities pursuant to this part, including, but not limited to, regulations…
  2. ARTICLE 2. Federal Assistance § 78410 · 1 section
    • § 78410 The state shall actively seek to obtain all federal funds to which it is entitled under the federal act and shall take all actions necessary to enter into…
  3. ARTICLE 3. Public Outreach § 78420 · 1 section
    • § 78420 (a) The department and the state board shall establish two community service offices, one to serve northern California and the other to serve southern…
  4. ARTICLE 4. Investigatory Powers §§ 78435–78470 · 8 sections
    • § 78435 The department, a representative of the department, or any person designated by the director may take the actions specified in this article only if there is a…
    • § 78440 (a) Any officer or employee of the department, a representative of the director, or a person designated by the director may require any person who has or may…
    • § 78445 (a) The department may disclose information submitted pursuant to this article to authorized representatives, contractors, or other governmental agencies only…
    • § 78450 (a) Any officer or employee of the department, representative of the director, or person designated by the director may, in accordance with Section 78455,…
    • § 78455 If the owner or the owner’s authorized representative does not voluntarily grant access to a place, establishment, or property pursuant to this article, the…
    • § 78460 The department, and any person authorized by the department to enter upon any lands for the purpose of taking a response action pursuant to this part, shall…
    • § 78465 If a person intentionally or negligently fails to furnish and transmit to any officer or employee of the department, a representative of the director, or a…
    • § 78470 Any person who commits any of the following acts shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each separate…
  5. ARTICLE 5. Protection of Trade Secrets §§ 78480–78495 · 4 sections
    • § 78480 “Trade secrets,” as used in this article, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure,…
    • § 78485 Any person providing information pursuant to subdivision (a) of Section 78440 shall, at the time of its submission, identify all information that the person…
    • § 78490 The department shall establish procedures to ensure that trade secret information is utilized by the department only in connection with the responsibilities of…
    • § 78495 Any person who knowingly and willfully disseminates information protected by this article or procedures established by the department pursuant to Section 78490…
  6. ARTICLE 6. Abandoned Sites § 78505 · 1 section
    • § 78505 (a) The director shall notify, within 20 working days, each of the appropriate county health officers as to all the potential abandoned sites of which the…
  7. ARTICLE 7. Laboratories § 78510 · 1 section
    • § 78510 The analysis of any material that is required to demonstrate compliance with this part shall be performed by a laboratory accredited by the state board…
  8. ARTICLE 8. Technology Demonstration Program §§ 78525–78565 · 9 sections
    • § 78525 Notwithstanding Section 79055, the department shall carry out a program of full-scale demonstrations to evaluate treatment technologies that can be safely…
    • § 78530 For the purposes of this article, the following definitions apply: (a) “Treatment technologies” means methods, techniques, or processes, including proprietary…
    • § 78535 The department shall select technology demonstration projects to be evaluated pursuant to this article using criteria that include, at a minimum, all of the…
    • § 78540 The department shall identify hazardous substance release sites, listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4, that are…
    • § 78545 (a) The department shall annually, on or before July 1, publish a solicitation for proposals to conduct treatment demonstration projects that utilize…
    • § 78550 (a) On or before January 1, after reviewing all proposals submitted pursuant to Section 78545, the department shall annually select at least two treatment…
    • § 78555 Notwithstanding Section 79650, if the department determines that using an alternative treatment technology to conduct a removal or remedial action at a…
    • § 78560 (a) The department shall conduct a technology transfer program that shall include the development, collection, evaluation, coordination, and dissemination of…
    • § 78565 Notwithstanding subdivision (e) of Section 79205, when preparing or approving a remedial action plan for a site listed pursuant to Section 78760, that has been…
  9. ARTICLE 9. Content of Biennial Report §§ 78575–78580 · 2 sections
    • § 78575 (a) The department shall report to the Governor and the Legislature on the progress of the cleanup of the San Gabriel Valley groundwater sites in the County of…
    • § 78580 The department shall include in the biennial report specified in Section 25178 an accounting of the moneys expended pursuant to Section 78875.
  10. ARTICLE 10. Contracting §§ 78590–78620 · 7 sections
    • § 78590 For purposes of this article, the following definitions shall apply: (a) “Firm” means any individual, firm, partnership, corporation, association, or other…
    • § 78595 Notwithstanding Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, the department may advertise and award a contract,…
    • § 78600 The department may establish prequalified lists of professional service firms in accordance with the following process: (a) For each type of professional…
    • § 78605 (a) During the term of the prequalified list, as specific projects are identified by the department as being eligible for contracting under the procedures…
    • § 78610 The department may adopt guidelines or regulations as necessary and consistent with this article, to define the manner of advertising, generic project…
    • § 78615 Any removal or remedial action taken or contracted by the department pursuant to Section 78870 or 78875 is exempt from this article.
    • § 78620 This article does not exempt any contract from compliance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the…