BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Tom Torlakson, Chairman
258 (Krekorian)
Hearing Date: 8/20/07 Amended: 8/1/07
Consultant: Miriam Barcellona IngenitoPolicy Vote: EQ 5-2
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AB 258 (Krekorian)
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BILL SUMMARY: AB 258 would create the Preproduction Plastic
Debris Program under the State Water Resources Control Board
(SWRCB).
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Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09 2009-10 Fund
Reissue General Industrial $65 $65 Special*
Permit
Review, Process & Issue$91 $78 Special*
Notices of Intent
Non-exposure certifications/ $286 $299 Special*
Notice of Non-applicability
Review Annual Reports $520 $520 Special*
Inspections and enforcement $408 $2,042
$2,042Special*
Contracts $137 $87 $87 Special*
Implementation (general) $130 $293
$293Special*
*Waste Discharge Permit Fund, funded through fees.
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense file.
By January 1, 2009, AB 258 would require SWRCB and regional
water quality control boards (regional boards) to implement a
program to control the discharge of preproduction plastic from
point and nonpoint sources. AB 258 would specify minimum
control measures and minimum requirements. AB 258 would also
require SWRCB, at a minimum, to require specified best
management practices in all permits issued under the national
pollutant discharge elimination system (NPDES) program that
regulate plastic manufacturing, handling, or transportation
facilities. AB 258 would require SWRCB to establish criteria
for submittal for no exposure certification requirements subject
to specified federal regulations and would require no exposure
certification to be obtained annually. AB 258 would require any
AB 258 (Krekorian)
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entity that manufactures, handles, distributes, or transports
preproduction plastic to apply for coverage under a general
permit for storm water discharges associated with industrial
activities. The general permit fees would be used by SWRCB to
implement this chapter.
SWRCB estimates that there are approximately 2,700 plastics
facilities statewide, but that only a few (no more than
one-third) of these facilities are currently enrolled under the
general industrial permit.
The current fee for facilities enrolled under the General
Industrial Strom Water Permit is $700 per year. SWRCB does not
have a current fee for no exposure, but for the purposes of
providing staff with an estimate for this bill, used $200 per
year. SWRCB estimates that statewide costs to implement this
bill would include seven positions in the first year, 20.25
positions in the second year and seven and one-quarter position
annually thereafter. The costs include re-issuance of the
general industrial storm water permit with expanded coverage to
include all preproduction plastics facilities or issuance of a
separate general permit for plastics facilities, development of
no-exposure criteria, enrollment of facilities in the program,
inspections, and enforcement. Contract costs would amount to
$137,000 in the first year, and $162,000 in subsequent years;
this accounts for database development, student assistance,
travel to complete inspections, and possible judicial
enforcement through the Attorney General's Office.