2011 California Code
Health and Safety Code
[DIVISION 38. ] [58004.5]
Section 58004.5


CA Health & Safety Code § 58004.5 (through 2012 Leg Sess) What's This?

(a) The department succeeds to, and is vested with, all of the duties, powers, purposes, responsibilities, and jurisdiction of the Office of Environmental Health Hazard Assessment with regard to the Environmental Quality Assessment Act of 1986 (Chapter 6.98 (commencing with Section 25570)).

(b) The Director of Toxic Substances Control may expend the unexpended balance of any funds available for expenditure by the Director of Environmental Health Hazard Assessment in connection with the performance of the functions of the Director of Environmental Health Hazard Assessment in carrying out the Environmental Quality Assessment Act of 1986.

(c) All officers and employees of the Office of Environmental Health Hazard Assessment who are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function in carrying out the Environmental Quality Assessment Act of 1986 shall be transferred to the department. The status, positions, and rights of those persons shall not be affected by the transfer and shall be retained by them as officers and employees of the Department of Toxic Substances Control, pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except as to positions exempted from civil service.

(d) The department shall have possession and control of all records, papers, offices, equipment, supplies, money, funds, appropriations, licenses, permits, agreements, contracts, claims, judgments, and land or other property, real or personal, held for the benefit or use of the Office of Environmental Health Hazard Assessment for purposes of the functions transferred to the department to subdivision (a).

(e) Any regulation adopted before January 1, 2003, by the Office of Environmental Health Hazard Assessment or its predecessors, relating to carrying out the Environmental Quality Assessment Act of 1986, as specified in subdivision (a), that are in effect on January 1, 2003, shall remain in effect on and after January 1, 2003, and are enforceable by the department until readopted, amended, or repealed by the department.

(Added by Stats. 2002, Ch. 626, Sec. 9. Effective January 1, 2003. Note: This section relates to Division 38, as set forth in Sec. 146 of Governor's Reorganization Plan No. 1 of 1991, which has not been officially codified by statutory enactment.)

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