AB 2577: Safe Drinking Water and Toxic Enforcement Act of 1986: settlements: attorney’s fees.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 27, 2026Chaptered by Secretary of State - Chapter 623, Statutes of 2026.
2. September 27, 2026Approved by the Governor.
3. August 31, 2026Enrolled and presented to the Governor at 4 p.m.
4. August 25, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6456.).
5. August 24, 2026In Assembly. Concurrence in Senate amendments pending.
6. August 24, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
7. August 18, 2026Read second time. Ordered to third reading.
8. August 17, 2026Read third time and amended. Ordered to second reading.
9. August 10, 2026Ordered to third reading.
10. August 10, 2026From Consent Calendar.
11. August 4, 2026Read second time. Ordered to Consent Calendar.
12. August 3, 2026From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.