AB 472: Employer liability: small business and microbusiness.

Session Year: 2017-2018
House: Assembly

Version:

Under existing law, the California Occupational Safety and Health Act of 1973, the Division of Occupational Safety and Health investigates complaints that a workplace is not safe and may issue orders necessary to ensure employee safety. Under existing law, certain violations of that act or a standard, order, or special order authorized by the act are a crime.

This bill would prohibit the division from commencing any enforcement action for any nonserious violation, as defined, against any employer where the employer is a small business or microbusiness, as defined, without first giving the employer written notice and providing the employer 30 days to correct the violation. The bill would authorize the division to assess a reasonable fee to cover its costs not to exceed $50.

Existing law establishes the Department of Water Resources in state government and prescribes the functions and duties of the department with regard to the regulation of water resources including water transfers throughout the state. Existing law also establishes the Wildlife Conservation Board and requires the board to take various actions with regard to the protection of wildlife and wildlife habitat in the state. Existing law requires landowners to be encouraged, when agricultural lands are being idled in order to provide water for transfer and an amount of water is determined to be made available by that idling, to cultivate or retain nonirrigated cover crops or natural vegetation to provide waterfowl, upland game bird, and other wildlife habitat.This bill would require the department to allow nonirrigated cover crops or natural vegetation to remain on idled agricultural lands, without penalty to the landowner, unless it determines, based on peer-reviewed scientific studies or other credible scientific evidence, that an injury to another legal user of water would occur as a result of allowing those crops or vegetation to remain on those lands. The bill would require, if the department makes such a determination that an injury would result, that the landowner remove or kill the nonirrigated cover crops or natural vegetation from those lands. The bill would require the Wildlife Conservation Board to establish an incentive program, which may include grants or other financial incentives, for landowners who voluntarily cultivate or retain cover crops or natural vegetation on idled agricultural lands to provide waterfowl, upland game bird, and other wildlife habitat, as described, and would require that the program meet certain requirements. The bill would require that the department and the Wildlife Conservation Board consult with the Department of Fish and Wildlife and the United States Fish and Wildlife Service prior to implementing those provisions, to determine the best ways of protecting wildlife habitat on idled lands.

Discussed in Hearing