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-d 529 MISCELLANEOUS PROVISIONS § 25513.1
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<br />(Added In• S=. 1986. a 1260, § 2.)
<br />Cross References
<br />Conviction of violation of this .section as misdemeanor, see Health and
<br />Safety Code § 255143.
<br />§ 25510. Amendments to inventory form
<br />Within 30 days of any one of the following events, any business
<br />subject to Section 25505 shall submit an amendment to the
<br />inventory form detailing the handling, and the following appro-
<br />priate information:
<br />(1) A 100 percent or more increase in the quantity of a
<br />previously disclosed material.
<br />(2) Any handling of a : previously undisclosed hazardous
<br />material subject to the -inventory requirements of this chapter.
<br />(3) Change of business address.
<br />(4) Change of business ownership.
<br />(5) Change of business name.' (Added by Staffs -IM, c. 1167,
<br />§ 1. Amended by Stau.1986, c. 463, § 16, eff. July 23, 1986.)
<br />Cross References -
<br />Conviction of violation of this section as misdemeanor, see Health and
<br />Safety Code § 25514.3.
<br />§ 2551L Trade secrets; disclosure of information; violation
<br />(a) If a business believes that the inventory required by this
<br />chapter involves the release of a .trade secret, the business shall
<br />nevertheless make the disclosure to the administering agency,
<br />and shall notify the administering agency in writing of that belief
<br />on the inventory form. As used in this chapter "trade secret"
<br />has the meanings given to it by Section 6254.7 of the Govern-
<br />ment Code and Section 1060 of the Evidence Code.
<br />(b) Subject to this section, the administering agency shall
<br />protect from disclosure any trade secret designated as such by
<br />the handler.
<br />(c) Upon receipt of a request for the release of information to
<br />the public which includes information -which the handler has
<br />notified the administering agency is a trade secret pursuant to
<br />subdivision (a), the.administering agency shall notify the handler
<br />in writing of the -request by certified mail, return receipt
<br />requested. The administering agency shall release the informa-
<br />tion to the public, but not earlier than 30 days after the.date of
<br />mailing the notice of the request for information, unless, prior to
<br />the expiration of the 30 -day period, the handler files an aeon in
<br />an appropriate court for a declaratory judgment . that .the
<br />information is subject to. protection under subdivision (b) or for
<br />an injunction prohibiting disclosure of the information to the
<br />public and promptly notifies the administering agency of that
<br />action. This section does not permit a handler to refuse.to
<br />disclose the information required pursuant to this chapter to the
<br />administering agency.
<br />(d) Any information which is confidential pursuant to this
<br />section shall not be disclosed to anyone except the following -
<br />(1) An officer or employee of the county or city, the state, or
<br />the United States, in connection with the officialduties of that
<br />officer or employee under any law for the protection of health,
<br />or to contractors with the county or city and.their employees if,
<br />in the opinion of the -administering agency, disclosure is -neces-
<br />sary and required for the satisfactory performance of a contract,
<br />for performance of work, or to protect the health and safety of
<br />the employees of the contractor.
<br />(2) Any physician where the physician -certifies in writing:to
<br />the adrnitim' eriiw•agency that.the information is necessary to the
<br />medical treatment of the physician's patient .
<br />(e) For purposes of this section, fire and emergency rescue
<br />personnel and county health personnel operating within the
<br />jurisdiction of the county or city shall be considered employees
<br />of the county or city, as the case may be.
<br />(f) Any physician who, by virtue of having obtained possession
<br />of, or access to, confidential information, and who, knowing that
<br />disclosure of the information to the general public is prohibited
<br />by this section, knowingly and willfully discloses the information
<br />in any manner to an), person not entitled to receive it, is guilty of
<br />a misdemeanor.
<br />(g) Any officer or employee of the county or city or former
<br />officer or employee who, by virtue of that employment or official
<br />position, has possession of, or has access to, confidential
<br />information,. and who,.knowing that .disclosure of the informa-
<br />tion to the general public is prohibited by this section, knowingly
<br />and willfully discloses the information in .any manner to any
<br />person not entitled to receive it, is guilty of a misdemeanor.
<br />Any contractor with the county or city and any employee of the
<br />contractor, who has been furnished information as authorized by
<br />this section, shall be considered an .employee of the county or
<br />city for purposes of this section.
<br />(h) Information certified by appropriate officials of the Unit-
<br />ed States as necessary to be kept -secret for national defense
<br />purposes shall be accorded the full protections against disclosure
<br />as specified by those officials or in accordance with the laws of
<br />the United States. (Added by.Stau.1985, c. 1167, § 1.)
<br />§ 25512. Effects of compliance
<br />(a) The submission of any information required under this
<br />chapter does not affect any other liability or responsibility of a
<br />business with regard to safeguarding the bealth and safety of an
<br />employee or any other person_ .
<br />(b) Compliance with this chapter shall not be deemed to be
<br />compliance with the duty of care required of any business for
<br />purposes of any judicial or administrative proceeding conducted
<br />pursuant to any other provision of law. (Added by Stau.1985, c.
<br />1167, § 1. Amended by Stau.1986, c. 463, § 17, eff. July:23,
<br />1986.)
<br />§ 25513. Schedule of fees; adoption
<br />Each administering county of city may, upon, a majority vote of
<br />the governing body, adopt a schedule of.fees to be collected from
<br />each business required to submit a business plan pursuant to this
<br />article which is within its, jurisdiction. .The governing body -may
<br />provide for the waiver of fees when a business, as defined in
<br />Section 25501.4, submits a business plan. The fee shall be set in
<br />an amount sufficient .to pay only those costs incurred by the
<br />county, city, or fire district, in carrying -out this article. In
<br />determining the fee schedule, the administering agency shall
<br />consider the volume and degree of hazard potential of the
<br />hazardous materials handled by the businesses subject to this
<br />article. (Added by Stau.1985, c. 1167, § 1. Amended by
<br />Stau.1986, c. 463, § 18, eff. July 23, 1986; Stau.1988, c. 1585,
<br />§ 11; Stau.1990, c. 1662 (S.B.2263), § 5.)
<br />§ 25513.L Loans to counties; repayment
<br />(a) On or before January 1, 1987, the board of supervisors of
<br />a county may, by resolution, apply to the Controller for a loan to
<br />pay for the costs necessary to initially implement this chapter.
<br />(b) Each county may apply for one loan in an.amount not to
<br />exceed seventy-five thousand dollars (575,000).
<br />(c) The Controller shall develop: procedures for the submis-
<br />sion of.resolutions pursuant to this section.
<br />(d) A county. shall repay the loan within .15 months from the
<br />day the .loan is made by the Controller, ,or on April 1, 1988,
<br />whichever comes first. The loan shall be:.repaid with ;interest
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