CaliforniaSafe Drinking Water and Toxic Enforcement Act of 1986: settlements: attorney's fees.
What it does
The Safe Drinking Water and Toxic Enforcement Act of 1986, an initiative measure approved by the voters as Proposition 65 at the November 4, 1986, statewide general election, prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from knowingly discharging or releasing that chemical into water, or into or onto land and passing into any source of drinking water, except as specified. The act authorizes a person, acting in the public interest, to bring an action to enforce the requirements of the act if specified requirements are met. If there is a settlement of an action brought by a person in the public interest, the act requires the plaintiff to submit the settlement to the court for approval upon noticed motion, and authorizes the court to approve the settlement only if the court makes specified findings, as provided, including that the award of attorney's fees is reasonable under state law.
More detail
This bill would additionally require the court to find that the award of attorney's fees is appropriate under state law and that the settlement is in the public interest and provides a public benefit. The bill would further require, under a specified circumstance, the court to find that the settlement would require the defendant to reduce the exposure to the listed chemical from the level that existed before the settlement or provide a warning that complies with the act if that warning was not provided previously. The bill would also establish a procedure pursuant to which the court would be authorized to enter an award of attorney's fees if the Attorney General objects to the award of attorney's fees set forth in the settlement, as provided.
Proposition 65 provides that it may be amended by a statute, passed by a 23 vote of each house of the Legislature, to further its purposes.
This bill would find and declare that it furthers the purposes of Proposition 65.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 27Chaptered by Secretary of State - Chapter 623, Statutes of 2026.Latest
- Sep 27Approved by the Governor Gavin Newsom.Became Law
- Aug 31Enrolled and presented to the Governor at 4 p.m.To Governor
- Aug 25Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6456.).Major
- Vote recorded AB 2577 Connolly Concurrence in Senate Amendments. Result: pass.Lower
- Aug 24In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB2577 Connolly By Gonzalez. Result: pass.Upper
- Aug 24Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).Passed Senate
- Aug 18Read second time. Ordered to third reading.Minor
- Aug 17Read third time and amended. Ordered to second reading.Major
- Aug 10Ordered to third reading.Minor
- Aug 10From Consent Calendar.
- Aug 4Read second time. Ordered to Consent Calendar.Minor
- Aug 3From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.Minor
- Jul 2From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 1). Re-referred to Com. on APPR.Minor
- Jul 1
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar. Result: pass.Upper
- Jun 17From committee: Do pass and re-refer to Com. on E.Q. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 16). Re-referred to Com. on E.Q.Minor
- Jun 16
- Vote recorded Do pass, but first be re-referred to the Committee on [Environmental Quality] with the recommendation: To Consent Calendar. Result: pass.Upper
- Jun 8From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.Major
- May 27Referred to Coms. on JUD. and E.Q.Minor
- May 14In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 2577 Connolly Assembly Third Reading. Result: pass.Lower
- May 14Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5050.)Passed Assembly
- May 7Read second time. Ordered to third reading.Minor
- May 6From committee: Do pass. (Ayes 14. Noes 0.) (May 6).Minor
- Vote recorded Do pass. Result: pass.Lower
- Apr 22From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 21). Re-referred to Com. on APPR.Minor
- Apr 21
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Apr 15From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 14). Re-referred to Com. on JUD.Minor
- Apr 14
- Vote recorded Do pass and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar. Result: pass.Lower
- Mar 23Re-referred to Com. on E.S & T.M.Minor
- Mar 19From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S & T.M. Read second time and amended.Major
- Mar 19Referred to Coms. on E.S & T.M. and JUD.Minor
- Feb 21From printer. May be heard in committee March 23.
- Feb 20Read first time. To print.Introduced