Proposition 65 Advisory

Proposition 65 Advisory 01-III

Proposition 65 Advisory 01-III

Attorney General Revises Proposed
SB 1269 "Private Enforcement" Procedures

The California Attorney General has published revisions to the proposed SB 1269 implementing regulations. When they become final, the regulations will establish procedures for Proposition 65 "bounty-hunter" plaintiffs to notify the Attorney General of lawsuits initiated under the Act and file copies of judgments, settlement documents and other post-judgment documents with the State.

SB 1269, enacted by the California legislature on October 10, 1999, requires private plaintiffs in Proposition 65 lawsuits to: (1) notify the Attorney General when an action has been filed; (2) report the settlement or judgment of the case; (3) file with the court, at the time any judgment is filed, an affidavit of compliance with this requirement; and (4) submit a report to the Attorney General regarding any corrective action taken as a result of the settlement or other resolution.

In response to comments on regulations proposed earlier, the Attorney General has circulated a revised proposal. As revised, the regulations will require a "private enforcer" to provide the Attorney General a copy of any agreement pursuant to which a case is dismissed, in addition to the documents above. The revised regulations further will preclude Proposition 65 litigants from submitting a settlement for approval by a Court during a thirty day period for Attorney General review, absent a court order or ruling allowing the settlement to be submitted or a written statement from the Attorney General that he does not object and a statement to this effect in the affidavit of compliance. The regulations have provisions for electronic filing. Importantly, the Special Procedures for Supplemental Enforcement of Hazard Communication Standard, formally adopted on October 12, 2000, apply where "occupational" exposures are alleged to violate Proposition 65.

Comments on the Revised Proposed Regulation must be submitted by 5:00 Monday, February 19, 2001 to Office of the Attorney General (Attn: Edward Weil, Deputy Attorney General, Office of the Attorney General, 1515 Clay Street, 20th Floor, Oakland CA 94612).

If you need further information, or a copy of the Revised Proposed Regulation, please contact one of the attorneys identified below.

McKenna & Cuneo, L.L.P., distributes its Advisories to clients and friends of the firm free of charge. If you would like to request additions (or deletions) to our distribution list, please e-mail Nina MacLeay at nina_macleay@mckennacuneo.com or call 213-243-6063.

For more information, please contact: