Section 25169.8 Of Article 6.6. Hazardous Waste Of Concern And Public Safety Act From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 6.6.
25169.8
. (a) On or before July 1, 2003, the department shall adopt
emergency regulations to implement this article, with the concurrence
of the California Highway Patrol.
(b) The regulations adopted by the department pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11349.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department.
(c) Except as provided in subdivision (d), in adopting regulations
pursuant to this section, the department shall ensure that the
regulations are consistent with the Hazardous Materials
Transportation Authorization Act of 1994 (Chapter 51 (commencing with
Section 5101) of Title 49 of the United States Code, and thereafter
amended.
(d) If the department determines that a requirement imposed
pursuant to Section 25169.7 could be preempted by the Hazardous
Materials Transportation Authorization Act of 1994 pursuant to
Section 5125 of Title 49 of the Code of Federal Regulations, the
department shall apply to the Secretary of Transportation for a
waiver of preemption pursuant to subsection (e) of Section 5125 of
Title 49 of the United States Code.