(a) This
section sets forth special procedures necessary to comply with the terms of the
approval by the United States Department of Labor of the California Hazard
Communication Standard, pertaining to the incorporation of the occupational
applications of the California Safe Drinking and Toxic Enforcement Act
(hereinafter Proposition 65), as set forth in 62 Federal Register 31159 (June
6, 1997). This approval specifically placed certain conditions on the
enforcement of Proposition 65 with regard to occupational exposures, including
that it does not apply to the conduct of manufacturers occurring outside the
State of California. Any person proceeding "in the public interest" pursuant to
Health and Safety Code §
25249.7(d)
(hereinafter "Supplemental Enforcer") or any district attorney or city attorney
or prosecutor pursuant to Health and Safety Code § 25249.7(c) (hereinafter
"Public Prosecutor"), who alleges the existence of violations of Proposition
65, with respect to occupational exposures as incorporated into the California
Hazard Communication Standard (hereinafter "Supplemental Enforcement Matter"),
shall comply with the requirements of this section. No Supplemental Enforcement
Matter shall proceed except in compliance with the requirements of this
section.
(b)
22 CCR
§
12903, setting forth specific
requirements for the content and manner of service of sixty-day notices under
Proposition 65, in effect on April 22, 1997, is adopted and incorporated by
reference. In addition, any sixty-day notice concerning a Supplemental
Enforcement Matter shall include the following statement:
"This notice alleges the violation of Proposition 65 with
respect to occupational exposures governed by the California State Plan for
Occupational Safety and Health. The State Plan incorporates the provisions of
Proposition 65, as approved by Federal OSHA on June 6, 1997. This approval
specifically placed certain conditions with regard to occupational exposures on
Proposition 65, including that it does not apply to the conduct of
manufacturers occurring outside the State of California. The approval also
provides that an employer may use the means of compliance in the general hazard
communication requirements to comply with Proposition 65. It also requires that
supplemental enforcement is subject to the supervision of the California
Occupational Safety and Health Administration. Accordingly, any settlement,
civil complaint, or substantive court orders in this matter must be submitted
to the Attorney General."
(c) A Supplemental Enforcer or Public
Prosecutor who commences a Supplemental Enforcement Matter shall serve a
file-endorsed copy of the complaint upon the Attorney General within ten days
after filing with the Court.
(d) A
Supplemental Enforcer or Public Prosecutor shall serve upon the Attorney
General a copy of any motion, or opposition to a motion for summary judgment or
summary adjudication of issues, a demurrer, motion for preliminary or
injunctive relief, or other dispositive motion, and all memoranda of points and
authorities in support of or opposing such motions. These materials shall be
served upon the Attorney General on the same day which they are served on the
opposing party. A Supplemental Enforcer or Public Prosecutor shall serve upon
the Attorney General any decision or order of a court granting or denying
summary adjudication, a demurrer, preliminary or final injunctive relief,
penalties, or damages relating to a Supplemental Enforcement Matter within five
working days after receipt.
(e) A
Supplemental Enforcer or Public Prosecutor who agrees to a settlement of a
Supplemental Enforcement Matter shall serve the settlement upon the Attorney
General within two working days after the agreement is signed by the parties.
Where the settlement is submitted to a court for its approval, the Supplemental
Enforcer or Public Prosecutor shall notify the court in writing upon
presentation of the settlement of its submission to the Attorney General
pursuant to this regulation. The submission to the Attorney General shall
contain the entire agreement between the parties.
(f) When this section requires that any
document or information be provided to the Attorney General, service shall be
in a manner prescribed by Code of Civil Procedure §
1010
et seq. The envelope in which the document is transmitted shall state
prominently "Hazard Communication Standard/Proposition 65 Supplemental
Enforcement Matter." The Attorney General may then specify that further
documents be served upon a particular office and deputy.
(g) The special procedures set forth in
subsections (a) through (f) shall be followed for motions or other applications
for judicial enforcement of any existing or future settlement agreements
pertaining to Proposition 65, with reference to occupational
exposures.
(h) Where, in the
judgment of the Director and the Attorney General, a Supplemental Enforcer or
Public Prosecutor has not complied with the provisions of this section, or the
provisions of the OSHA approval decision of June 6, 1997, the Attorney General
may seek to intervene in the action, or take such actions within his authority
as he deems appropriate to assure compliance.