Safe Drinking and Toxic Enforcement Act of 1986: appeal: notice to the Attorney General.

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 that person has given a notice of violation to the Attorney General, the district attorney and a city attorney or prosecutor in whose jurisdiction the violation is alleged to have occurred, and the alleged violator 60 days before the commencement of the action and neither the Attorney General nor a district attorney nor a city attorney or prosecutor has commenced and is diligently prosecuting an action against the alleged violator. This bill would require each party, in an appellate proceeding in which a violation of Proposition 65 is alleged or the application or construction of Proposition 65 is at issue, to serve a copy of the party's brief or petition and brief on the Attorney General, as provided. The bill would prohibit the acceptance for filing of a brief unless the proof of service shows service on the Attorney General. 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.