(a) The Governor shall designate a lead agency and other agencies that may be required to implement this chapter, including this section. Each agency so designated may adopt and modify regulations, standards, and permits as necessary to conform with and implement this chapter and to further its purposes.
(b) The Safe Drinking Water and Toxic Enforcement Fund is hereby established in the State Treasury. The director of the lead agency designated by the Governor to implement this chapter may expend the funds in the Safe Drinking Water and Toxic Enforcement Fund, upon appropriation by the Legislature, to implement and administer this chapter.
(c) In addition to any other money that may be deposited in the Safe Drinking Water and Toxic Enforcement Fund, all of the following amounts shall be deposited in the fund:
(1) Seventy-five percent of all civil and criminal penalties collected pursuant to this chapter.
(2) Any interest earned upon the money deposited into the Safe Drinking Water and Toxic Enforcement Fund.
(d) Twenty-five percent of all civil and criminal penalties collected pursuant to this chapter shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action, or in the case of an action brought by a person under subdivision (d) of Section 25249.7, to that person.
Added by initiative measure, Proposition 65, approved November 4, 1986, effective January 1, 1987. Amended Stats 2003 ch 228 § 22 (AB 1756), effective August 11, 2003.
Amendments:
2003 Amendment: (1) Designated the former section to be subd (a); (2) amended subd (a) by (a) substituting “agencies that may be required to implement this chapter,” for “and such other agencies as may be required to implement the provisions of the chapter”; and (b) deleting “the provisions of” before “this chapter”; and (3) added subds (b)-(d).
Editor's Notes- For legislative findings, declarations, severability, and effective date of initiative, see the Note to Ch 6.6 (H & S C §§ 25249.5 et seq.).
Note- Stats 2003 ch 228 provides:
SEC. 59. The Legislature finds and declares that the changes made by this act to Sections 25192 and 25249.12 of the Health and Safety Code further the purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986.
NOTES OF DECISIONS
Whether or not posting signs in dental offices would have been a more dependable means of warning patients than including inserts in the packages that could be read only by the dentists or their assistants, the manufacturer had fulfilled its obligations under H & S C §§ 25249.6, 25249.11(f), and 25249.12, if the insert that accompanied its product came within any of the safe harbor provisions. Given the professional obligations of those to whom the information on the insert was directed, there was no basis to assume that such a person was not likely to read and understand the warnings, even though the warning was not ideally placed. Environmental Law Foundation v Wykle Research, Inc. (2005, 1st Dist) 134 Cal App 4th 60, 35 Cal Rptr 3d 788, 2005 Cal App LEXIS 1798.
Consumers' lawsuit alleging that manufacturers of vaccines failed to warn of exposure to a toxic substance as required by Health & Saf. Code, § 25249.6, lacked merit because the standard warnings approved under federal law are deemed clear and reasonable warnings for prescription drugs by Cal. Code Regs., tit. 22, § 12601(b)(2)(A), which was validly enacted in accordance with Health & Saf. Code, § 25249.12, subd. (a); obtaining informed consent provided a specific warning beyond the requirements of Health & Saf. Code, § 25249.11, subd. (f), and there was no conflict with the provisions of Health & Saf. Code, § 25249.10. Vaccine Cases. William F. Bothwell v. Abbott Labs. (2005, Cal App 2nd Dist) 134 Cal App 4th 438, 36 Cal Rptr 3d 80, 2005 Cal App LEXIS 1840.