BILL NUMBER: AB 1131 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2009
INTRODUCED BY Assembly Member Feuer
FEBRUARY 27, 2009
An act to amend Section 25244.17.1 of the Health and
Safety Code, relating to hazardous waste. An act to
amend Sections 25244.14, 25244.15, 25244.15.1, 25244.17.1, 25404,
25404.1, 25501, 25502, 25503, 25503.3, 25503.5, 25503.9, 25505.2,
25509, 25517.5, 25531.2, 25532, 25533, 25534.05, 25539, 25543, and
25543.1 o f, and to add Section 25501.5 to, the Health and
Safety Code, and to amend Section 42100 of the Public Resources
Code, relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 1131, as amended, Feuer. Hazardous waste: source
reduction. Hazardous materials: green chemistry and
accidental releases.
(1) Existing law requires the Department of Toxic Substances
Control to establish programs for hazardous waste source reduction.
This bill would additionally require the department to establish
programs for life cycle toxic reduction to reduce the use,
generation, release, or disposal of a chemical of concern as
identified by the department during a product life cycle.
(2) Existing law imposes certain duties and responsibilities on
the former Office of Emergency Services related to hazardous
materials release response plans and inventory, and risk management
plans required by federal law.
This bill would transfer those duties and responsibilities to the
Department of Toxic Substances Control. The bill would authorize the
California Emergency Management Agency to develop materials, such as
guidelines and informational pamphlets, to assist businesses and
unified program agencies to fulfill their obligations concerning
spill and release reporting, area plans, and the consolidated
contingency plans.
(3) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program. Existing law requires the
unified program be developed in close consultation with specified
officials.
This bill would additionally require the unified program to be
developed and implemented in close consultation with the Director of
the Office of Environmental Health Hazard Assessment. The bill would
require the secretary to oversee and coordinate the development of
regulations and policies to ensure a consolidated, coordinated, and
consistent unified program.
The Hazardous Waste Source Reduction and Management Review Act of
1989, among other things, requires the Department of Toxic Substances
Control to establish a technical assistance and outreach program to
promote implementation of model source reduction measures in priority
industry categories. The act requires the department, every two
years in a specified work plan, and in consultation with the
California Source Reduction Advisory Committee, to select at least 2
priority categories of generators by SIC Code, as defined. For each
selected priority industry category, the department is required to
implement a cooperative source reduction technical assistance and
outreach program to include specified elements.
This bill would increase the minimum number of priority categories
the department is required to select every 2 years to 3.
The bill would include a statement of legislative intent to enact
legislation regarding expanding the hazardous waste source reduction
program and encouraging the availability of safe, nontoxic consumer
products by developing standards to allow those products to be
certified as such by the state.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25244.14 of the
Health and Safety Code is amended to read:
25244.14. For purposes of this article, the following definitions
apply:
(a) "Advisory committee" means the California Source Reduction
Advisory Committee established pursuant to Section 25244.15.1.
(b) "Appropriate local agency" means a county, city, or regional
association that has adopted a hazardous waste management plan
pursuant to Article 3.5 (commencing with Section 25135).
(c) "Chemical of concern" means a substance identified by the
department pursuant to regulations adopted in accordance with Section
25252 as a chemical of concern.
(c)
(d) "Hazardous waste management approaches"
means approaches, methods, and techniques of managing the generation
and handling of hazardous waste, including source reduction,
recycling, and the treatment of hazardous waste.
(d)
(e) "Hazardous waste management performance
report" or "report" means the report required by subdivision (b) of
Section 25244.20 to document and evaluate the results of hazardous
waste management practices.
(f) "Life cycle toxics reduction" means an action that causes a
net reduction in the use, generation, release, or disposal of a
chemical of concern during a product life cycle, including, but not
limited to, any of the following actions:
(1) Input substitution by replacing a chemical of concern used in
a production unit with a nontoxic or less toxic substance.
(2) Produce reformulation by substituting an existing end product
with a new end product that is nontoxic or less toxic upon use,
release, or disposal.
(3) Production unit redesign or modification by developing and
using production units of a different design than those currently
used.
(4) Production unit modernization by upgrading or replacing
existing production unit equipment and methods with other equipment
and methods based on the same production unit.
(5) Improved operation and maintenance of production unit
equipment and methods by modifying or adding to existing equipment or
methods, including, but not limited to, techniques such as improved
housekeeping practices, system adjustments, product and process
inspections, or production unit control equipment or methods.
(6) Recycling, reuse, or extended use of a chemical of concern by
using equipment or methods that become an integral part of the
production unit, including, but not limited to, filtration and other
closed loop methods.
(g) "Product life cycle" includes, but is not limited to, all of
the following stages of development and retirement of a product:
(1) Acquisition of raw materials.
(2) Bulk material processing.
(3) Engineering materials production.
(4) Manufacture.
(5) Assembly.
(6) Distribution.
(7) Use.
(8) Retirement.
(9) Disposal of residuals produced in each stage.
(e)
(h) (1) "Source reduction" means one of the
following:
(A) Any action that causes a net reduction in the generation of
hazardous waste.
(B) Any action taken before the hazardous waste is generated that
results in a lessening of the properties which cause it to be
classified as a hazardous waste.
(2) "Source reduction" includes, but is not limited to, all of the
following:
(A) "Input change," which means a change in raw materials or
feedstocks used in a production process or operation so as to reduce,
avoid, or eliminate the generation of hazardous waste.
(B) "Operational improvement," which means improved site
management so as to reduce, avoid, or eliminate the generation of
hazardous waste.
(C) "Production process change," which means a change in a
process, method, or technique which is used to produce a product or a
desired result, including the return of materials or their
components, for reuse within the existing processes or operations, so
as to reduce, avoid, or eliminate the generation of hazardous waste.
(D) "Product reformulation," which means changes in design,
composition, or specifications of end products, including product
substitution, so as to reduce, avoid, or eliminate the generation of
hazardous waste.
(3) "Source reduction" does not include any of the following:
(A) Actions taken after a hazardous waste is generated.
(B) Actions that merely concentrate the constituents of a
hazardous waste to reduce its volume or that dilute the hazardous
waste to reduce its hazardous characteristics.
(C) Actions that merely shift hazardous wastes from one
environmental medium to another environmental medium.
(D) Treatment.
(f)
(i) "Source reduction evaluation review and
plan" or "review and plan" means a review conducted by the generator
of the processes, operations, and procedures in use at a generator's
site, in accordance with the format established by the department
pursuant to subdivision (a) of Section 25244.16, and that does both
of the following:
(1) Determines any alternatives to, or modifications of, the
generator's processes, operations, and procedures that may be
implemented to reduce the amount of hazardous waste generated.
(2) Includes a plan to document and implement source reduction
measures for the hazardous wastes specified in paragraph (1) that are
technically feasible and economically practicable for the generator,
including a reasonable implementation schedule.
(g)
(j) "SIC Code" has the same meaning as
defined in Section 25501.
(h)
(k) "Hazardous waste," "person," "recycle,"
and "treatment" have the same meaning as defined in Article 2
(commencing with Section 25110).
SEC. 2. Section 25244.15 of the Health
and Safety Code is amended to read:
25244.15. (a) The department shall establish a program for
hazardous waste source reduction and life cycle toxics reduction
pursuant to this article.
(b) The department shall coordinate the activities of all state
agencies with responsibilities and duties relating to hazardous waste
, pollution prevention, and green chemistry, and shall
promote coordinated efforts to encourage life cycle toxics
reduction and the reduction of hazardous waste. Coordination
between the program and other relevant state agencies and programs
shall, to the fullest extent possible, include joint planning
processes and joint research and studies.
(c) The department shall adopt regulations to carry out this
article.
(d) (1) Except as provided in paragraph (3), this article applies
only to generators who, by site, routinely generate, through ongoing
processes and operations, more than 12,000 kilograms of hazardous
waste in a calendar year, or more than 12 kilograms of extremely
hazardous waste in a calendar year.
(2) The department shall adopt regulations to establish procedures
for exempting generators from the requirements of this article where
the department determines that no source reduction or life
cycle toxics reduction opportunities exist for the generator.
(3) Notwithstanding paragraph (1), this article does not apply to
any generator whose hazardous waste generating activity consists
solely of receiving offsite hazardous wastes and generating residuals
from the processing of those hazardous wastes.
SEC. 3. Section 25244.15.1 of the
Health and Safety Code is amended to read:
25244.15.1. (a) The California Source Reduction Advisory
Committee is hereby created and consists of the following members:
(1) The Executive Director of the State Air Resources Board, as an
ex officio member.
(2) The Executive Director of the State Water Resources Control
Board, as an ex officio member.
(3) The Director of Toxic Substances Control, as an ex officio
member.
(4) The Executive Director of the Integrated Waste Management
Board, as an ex officio member.
(5) The Chairperson of the California Environmental Policy Council
established pursuant to Section 71017 of the Public Resources Code,
as an ex officio member.
(6) Ten public members with experience in source reduction as
appointed by the department. These public members shall include all
of the following:
(A) Two representatives of local governments from different
regions of the state.
(B) One representative of a publicly owned treatment works.
(C) Two representatives of industry.
(D) One representative of small business.
(E) One representative of organized labor.
(F) Two representatives of statewide environmental advocacy
organizations.
(G) One representative of a statewide public health advocacy
organization.
(7) The department may appoint up to two additional public members
with experience in source reduction and detailed knowledge of one of
the priority categories of generators selected in accordance with
Section 25244.17.1.
(b) The advisory committee shall select one member to serve as
chairperson.
(c) The members of the advisory committee shall serve without
compensation, but each member, other than officials of the state,
shall be reimbursed for all reasonable expenses incurred in the
performance of his or her duties, as authorized by the department.
(d) The advisory committee shall meet at least semiannually to
provide a public forum for discussion and deliberation on matters
pertaining to the implementation of this chapter.
(e) The advisory committee's responsibilities shall include, but
not be limited to, the following:
(1) Reviewing and providing consultation and guidance in the
preparation of the work plan required by Section 25244.22.
(2) Evaluating the performance and progress of the department's
source reduction and life cycle toxics reduction program.
(3) Making recommendations to the department concerning program
activities and funding priorities, and legislative changes, if
needed.
(f) The advisory committee established by this section shall be in
existence until April 15, 2002, by which date the department shall,
in consultation with the advisory committee, evaluate the role and
activities of the advisory committee and determine if the committee
is beneficial to the implementation of this article. On and after
April 15, 2002, the advisory committee shall continue to exist and
operate to the extent that the department, in consultation with the
advisory committee, determines the advisory committee continues to be
beneficial to the operation of the department's source reduction
and life cycle toxics reduction programs.
SEC. 4. Section 25244.17.1 of the
Health and Safety Code is amended to read:
25244.17.1. The department shall establish a technical assistance
and outreach program to promote implementation of model
source life cycle toxics reduction measures in
priority industry categories.
(a) Every two years, in the work plan required by Section
25244.22, the department shall, in consultation with the advisory
committee, select at least two six
priority categories of generators industries
by SIC Code. At least one selected category of
generators industries shall be taken from the
list of categories previously selected by the department under
Section 25244.18. At least one selected category of
generators indus tries shall be a
category that consists primarily of small businesses. At least
one selected category of industries shall be a category that consists
primarily of businesses affected by one or more actions taken by the
department pursuant to Article 14 (commencing with Section
25251).
(b) For each selected priority industry category, the department
shall implement a cooperative source life
cycle toxics reduction technical assistance and outreach
program to include the following elements:
(1) The department shall use available resources, including
reports prepared pursuant to paragraph (4) of subdivision (a) of
Section 25244.18 and information on source
life cycle toxics reduction methods from federal, state,
and local , and international
governments and industry associations and industry members, to
identify a set of model source life cycle
toxics reduction measures for each industry category.
(2) The department shall determine, with the assistance of the
advisory committee, the most effective technical assistance and
outreach methods to promote implementation of the model
source life cycle toxics reduction measures
identified in paragraph (1).
(3) The department shall develop a plan and schedule to implement
the technical assistance and outreach measures before the next
biennial work plan. The measures may include, but are not limited to,
all of the following:
(A) Holding, presenting at, or cosponsoring workshops,
conferences, technology fairs, and other promotional events.
(B) Developing and distributing educational materials, such as
short descriptions of successful source life
cycle toxics reduction projects.
(C) Developing checklists, training manuals, technical resource
manuals and using those resources to train CUPAs, small business
development corporations, business environmental assistance centers,
and other regional and local government environmental programs.
(D) Preparing and distributing resource lists, such as lists of
vendors, consultants, or providers of financial assistance for
source life cycle toxics reduction
projects.
(E) Serving as an information clearinghouse to support telephone
and onsite consultations with businesses and local governments.
(4) For industry categories that include primarily large or
technically complex businesses, the source
life cycle toxics reduction technical assistance and outreach
program shall emphasize activities that involve direct communication
between department staff and industry members. For these industry
categories, the department shall communicate with representatives of
80 percent of the state's companies in the category. For categories
that consist primarily of small businesses, the cooperative
source life cycle toxics reduction program shall
emphasize providing industry-specific training and resources to
CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs for use in their inspections and
other direct communications with businesses.
(c) While conducting activities under this section, the department
shall coordinate its activities with appropriate industry and
professional associations.
(d) The department shall coordinate activities under this section
with grants made under Sections Section
25244.5 and 25244.11.5 .
SEC. 5. Section 25404 of the Health and
Safety Code is amended to read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Minor violation" means the failure of a person to comply with
any requirement or condition of any applicable law, regulation,
permit, information request, order, variance, or other requirement,
whether procedural or substantive, of the unified program that the
UPA is authorized to implement or enforce pursuant to this chapter,
and that does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
(B) A knowing, willful, or intentional violation.
(C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(D) A violation that results in an emergency response from a
public safety agency.
(E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
(F) A class I violation as provided in Section 25117.6.
(G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
(H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
(4) "Secretary" means the Secretary for Environmental Protection.
(5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a unified
program facility permit encompasses the permitting requirements of
Section 25284, and any permit or authorization requirements under any
local ordinance or regulation relating to the generation or handling
of hazardous waste or hazardous materials, but does not encompass
the permitting requirements of a local ordinance that incorporates
provisions of the Uniform Fire Code or the Uniform Building Code.
(b) (1) The secretary shall adopt
implementing regulations and implement a unified hazardous waste and
hazardous materials management regulatory program, which shall be
known as the unified program, after holding an appropriate number of
public hearings throughout the state. The
(2) (A) The
unified program shall be developed and implemented in
close consultation with the director,
Director of Toxic Substances Control, the Director of Environmental
Health Hazard Assessment, the Director of the Office
of Emergency Services Secretary of Emergency
Management , the State Fire Marshal, the executive officers and
chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(B) The secretary shall oversee and coordinate the development of
regulations and policies by these agencies to ensure a consolidated,
coordinated, and consistent unified program.
(3) The secretary shall oversee and coordinate the development and
implementation of regulations and policies for pollution prevention
and green chemistry pursuant to Article 14 (commencing with Section
25251) of Chapter 6.5, in so far as they affect the implementation of
the unified program.
(c) The unified program shall consolidate the administration of
the following requirements, and shall, to the maximum extent feasible
within statutory constraints, ensure the coordination and
consistency of any regulations adopted pursuant to those
requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, are
applicable to all of the following:
(i) Hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
(ii) Persons managing perchlorate materials.
(iii) Persons subject to Article 10.1 (commencing with Section
25211) of Chapter 6.5.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
(2) The requirements of Chapter 6.67 (commencing with Section
25270) concerning aboveground storage tanks.
(3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
(B) The unified program may not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
(C) The unified program may not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
(4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of subdivisions (b) and (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to Section 13143.9 concerning hazardous material management
plans and inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
(2) (A) No later than January 1, 2010, the secretary shall
establish a statewide information management system capable of
receiving all data collected by the unified program agencies and
reported by regulated businesses pursuant to this subdivision and
Section 25504.1, in a manner that is most cost efficient and
effective for both the regulated businesses and state and local
agencies. The secretary shall prescribe an XML or other compatible
Web-based format for the transfer of data from CUPAs and regulated
businesses and make all nonconfidential data available on the
Internet.
(B) The secretary shall establish milestones to measure the
implementation of the statewide information management system and
shall provide periodic status updates to interested parties.
(3) (A) (i) Except as provided in subparagraph (B), in addition to
any other funding that becomes available, the secretary shall
increase the oversight surcharge provided for in subdivision (b) of
Section 25404.5 by an amount necessary to meet the requirements of
this subdivision for a period of three years, to establish the
statewide information management system, consistent with paragraph
(2). The increase in the oversight surcharge shall not exceed
twenty-five dollars ($25) in any one year of the three-year period.
The secretary shall thereafter maintain the statewide information
management system, funded by the assessment the secretary is
authorized to impose pursuant to Section 25404.5.
(ii) No less than 75 percent of the additional funding raised
pursuant to clause (i) shall be provided to CUPAs and PAs through
grant funds in the
amounts determined by the secretary to assist these local agencies in
meeting these information management system requirements.
(B) A facility that is owned or operated by the federal government
and that is subject to the unified program shall pay the surcharge
required by this paragraph to the extent authorized by federal law.
(C) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) No later than three years after the statewide information
management system is established, each CUPA, PA, and regulated
business shall report program data electronically. The secretary
shall work with the CUPAs to develop a phased in schedule for the
electronic collection and submittal of information to be included in
the statewide information management system, giving first priority to
information relating to those chemicals determined by the secretary
to be of greatest concern. The secretary, in making this
determination shall consult with the CUPAs, the Office of Emergency
Services, the State Fire Marshal, and the boards, departments, and
offices within the California Environmental Protection Agency. The
information initially included in the statewide information
management system shall include, but is not limited to, the hazardous
materials inventory information required to be submitted pursuant to
Section 25504.1 for perchlorate materials.
(5) The secretary, in collaboration with the CUPAs, shall provide
technical assistance to regulated businesses to comply with the
electronic reporting requirements and may expend funds identified in
clause (i) of subparagraph (A) of paragraph (3) for that purpose.
SEC. 6. Section 25404.1 of the Health
and Safety Code is amended to read:
25404.1. (a) (1) (A) All aspects of the
unified program related to the adoption and interpretation of
statewide standards and requirements shall be the responsibility of
the state agency which is charged with that responsibility under
existing law. For
(B) The secretary shall oversee unified program standards and
requirements adopted by each state agency to ensure that program
requirements of coordination, consolidation, and consistency are
effectively achieved.
(C) The secretary shall ensure the realignment of program
requirements of the unified program from the California Emergency
Management Agency to the Department of Toxic Substances Control will
include oversight of ongoing program development and effective
coordination between the California Emergency Management Agency's
emergency response activities, the Office of Environmental Health
Hazard Assessment's risk management role, and the Department of Toxic
Substances Control's green chemistry program.
(D) For underground storage
tanks, that the responsible agency
shall be the State Water Resources Control Board. The California
regional water quality control boards shall have responsibility for
the issuance of variances pursuant to subdivision (b) of Section
25299.4. The Department of Toxic Substances Control shall have the
sole responsibility for the issuances of variances from the
requirements of Chapter 6.5 (commencing with Section 25100) and the
regulations adopted pursuant thereto, for the determination of
whether or not a waste is hazardous or nonhazardous, for the
determination of whether or not a person is eligible to be deemed to
be operating pursuant to a permit-by-rule, conditional authorization,
or conditional exemption pursuant to Chapter 6.5 (commencing with
Section 25100) or the regulations adopted by the department, and for
the suspension and revocation of permits-by-rule, conditional
authorizations, and conditional exemptions.
(2) Except as provided in paragraphs (1) and (3), those aspects of
the unified program related to the application of statewide
standards to particular facilities, including the issuance of unified
program facility permits, the review of reports and plans,
environmental assessment, compliance and correction, and the
enforcement of those standards and requirements against particular
facilities, shall be the responsibility of the unified program
agencies.
(3) (A) Except in those jurisdictions for which the UPA has been
determined by the department, in accordance with regulations adopted
pursuant to subparagraph (C), to be qualified to implement the
environmental assessment and removal and remediation corrective
action aspects of the unified program, the department shall have sole
responsibility and authority under the unified program for all of
the following:
(i) Implementing and enforcing the requirements of paragraph (3)
of subdivision (c) of Section 25200.3 and Sections 25200.10 and
25200.14, and the regulations adopted by the department to implement
those sections. As a pilot program in up to 10 counties, pending the
adoption and implementation of regulations pursuant to subparagraph
(C), the department may delegate to the CUPA, through a delegation
agreement, responsibility and authority for implementing and
enforcing the requirements of Section 25200.14.
(ii) The issuance of orders under Section 25187 requiring removal
or remedial action.
(iii) The issuance of orders under Section 25187.1.
(B) Notwithstanding subparagraph (A), a UPA may issue an order
under Section 25187 specifying a schedule for compliance or
correction and imposing an administrative penalty for any violation
of the requirements of Chapter 6.5 (commencing with Section 25100)
listed in paragraph (1) of subdivision (c) of Section 25404, or the
requirements of any permit, rule, regulation, standard or requirement
issued or adopted pursuant to the requirements of Chapter 6.5
(commencing with Section 25100) listed in paragraph (1) of
subdivision (c) of Section 25404, if one of the following applies:
(i) The order does not require removal or remedial action.
(ii) The only removal or remedial actions required by the order
are those actions determined to be necessary to address an imminent
and substantial endangerment based upon a finding by the UPA pursuant
to subdivision (f) of Section 25187.
(C) The department shall adopt emergency regulations specifying
the criteria and procedures for implementing paragraph (3) of
subdivision (c) of Section 25200.3 and Sections 25200.10 and
25200.14, including criteria and procedures for determining whether
or not a unified program agency is qualified to implement the
environmental assessment and removal and remediation corrective
action portions of the unified program under paragraph (3) of
subdivision (c) of Section 25200.3 and Sections 25187, 25187.1,
25200.10, and 25200.14. The criteria for determining whether a
unified program agency is qualified shall, at a minimum, include
consideration of the following factors:
(i) Adequacy of the technical expertise possessed by the unified
program agency.
(ii) Adequacy of staff resources.
(iii) Adequacy of budget resources and funding mechanisms.
(iv) Training requirements.
(v) Past performance in implementing and enforcing requirements
related to environmental assessments, and removal and remediation
corrective actions.
(vi) Recordkeeping and accounting systems.
(D) The regulations adopted by the department pursuant to
subparagraph (C) shall include provisions to ensure coordinated and
consistent application of paragraph (3) of subdivision (c) of Section
25200.3 and Sections 25187, 25187.1, 25200.10, and 25200.14, when
both the department and the unified program agency are, or will be,
implementing and enforcing the requirements of one or more of these
sections at the same facility.
(E) For purposes of subparagraph (D), "facility" means the entire
site that is under the control of the owner or operator.
(F) If the department is designated as a unified program agency,
the department is deemed qualified to implement all of the following:
(i) The environmental assessment, removal and remedial action, and
corrective action aspects of the unified program.
(ii) Paragraph (3) of subdivision (c) of Section 25300.3, Sections
25200.10, 25200.14, 25187, and 25287.1, and the regulations adopted
by the department to implement those provisions.
(b) (1) On or before January 1, 1996, each county shall apply to
the secretary to be certified as a unified program agency to
implement the unified program within the unincorporated area of the
county and within each city in the county, in which area or city, as
of January 1, 1996, the city or other local agency has not applied to
be the certified unified program agency.
(2) (A) Any city or other local agency which, as of December 31,
1995, has been designated as an administering agency pursuant to
Section 25502, or which has assumed responsibility for the
implementation of Chapter 6.7 (commencing with Section 25280)
pursuant to Section 25283, may apply to the secretary to become the
certified unified program agency to implement the unified program
within the jurisdictional boundaries of the city or local agency.
(B) A city or other local agency which, as of December 31, 1995,
has not been designated as an administering agency pursuant to
Section 25502, or which has not assumed responsibility for the
implementation of Chapter 6.7 (commencing with Section 25280)
pursuant to Section 25283, may apply to the secretary to become the
certified unified program agency within the jurisdictional boundaries
of the city or local agency if it enters into an agreement with the
county to become the certified unified program agency within those
boundaries. A county shall not refuse to enter into an agreement
unless it specifies in writing its reasons for failing to enter into
the agreement. However, if the city does not enter into the agreement
with the county, within 30 days of receiving a county's reasons for
failing to enter into agreement, a city may request that the
secretary allow it to apply to be a certified unified program agency
and the secretary may, in his or her discretion, approve the request.
(3) A city, county, or other local agency may propose, in its
application for certification to the secretary, to allow other public
agencies to implement certain elements of the unified program, but
the secretary shall accept that proposal only if the secretary makes
the findings specified in subdivision (d) of Section 25404.3.
(4) If a city or other local agency which, as of December 31,
1995, has been designated as an administering agency pursuant to
Section 25502, or has assumed responsibility for the implementation
of Chapter 6.7 (commencing with Section 25280) pursuant to Section
25283, requests that the county propose in its application for
certification to the secretary that the city or local agency
implement, within the jurisdictional boundaries of the city or local
agency, those elements of the unified program which, as of December
31, 1995, the city or local agency has authority to administer, the
county shall grant that request. If such an agency is subsequently
removed or withdraws from the unified program, the agency shall not
act as an administering agency under Section 25502 or act as a local
agency pursuant to Chapter 6.7 (commencing with Section 25280),
except as provided in subdivision (c) of Section 25283.
SEC. 7. Section 25501 of the Health and
Safety Code is amended to read:
25501. Unless the context indicates otherwise, the following
definitions govern the construction of this chapter:
(a) "Administering agency" means the local agency authorized,
pursuant to Section 25502, to implement and enforce this chapter.
(b) "Agricultural handler" means an entity identified in paragraph
(5) of subdivision (c) of Section 25503.5.
(c) "Area plan" means a plan established pursuant to Section 25503
by an administering agency for emergency response to a release or
threatened release of a hazardous material within a city or county.
(d) "Business" means an employer, self-employed individual, trust,
firm, joint stock company, corporation, partnership, or association.
For purposes of this chapter, "business" includes a business
organized for profit and a nonprofit business.
(e) "Business plan" means a separate plan for each facility, site,
or branch of a business that meets the requirements of Section
25504.
(f) "Certification statement" means a statement signed by the
business owner, operator, or officially designated representative
that attests to all of the following:
(1) The information contained in the annual inventory form most
recently submitted to the administering agency is complete, accurate,
and up to date.
(2) There has been no change in the quantity of any hazardous
material as reported in the most recently submitted annual inventory
form.
(3) No hazardous materials subject to the inventory requirements
of this chapter are being handled that are not listed on the most
recently submitted annual inventory form.
(4) The most recently submitted annual inventory form contains the
information required by Section 11022 of Title 42 of the United
States Code.
(g) (1) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(2) "Participating Agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement or
enforce one or more of the unified program elements specified in
paragraphs (4) and (5) of subdivision (c) of Section 25404, in
accordance with the provisions of Sections 25404.1 and 25404.2.
(3) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in paragraphs (4) and
(5) of subdivision (c) of Section 25404. For purposes of this
chapter, the UPAs have the responsibility and authority, to the
extent provided by this chapter and Sections 25404.1 and 25404.2, to
implement and enforce only those requirements of this chapter listed
in paragraphs (4) and (5) of subdivision (c) of Section 25404. The
UPAs also have the responsibility and authority, to the extent
provided by this chapter and Sections 25404.1 and 25404.2, to
implement and enforce the regulations adopted to implement the
requirements of this chapter listed in paragraphs (4) and (5) of
subdivision (c) of Section 25404. After a CUPA has been certified by
the secretary, the unified program agencies shall be the only local
agencies authorized to enforce the requirements of this chapter
listed in paragraphs (4) and (5) of subdivision (c) of Section 25404
within the jurisdiction of the CUPA.
(h) "City" includes any city and county.
(i) "Chemical name" means the scientific designation of a
substance in accordance with the nomenclature system developed by the
International Union of Pure and Applied Chemistry or the system
developed by the Chemical Abstracts Service.
(j) "Common name" means any designation or identification, such as
a code name, code number, trade name, or brand name, used to
identify a substance by other than its chemical name.
(k) "Department" means the Department of Toxic Substances Control
and "director" means the Director of Toxic Substances Control.
() "Emergency rescue personnel" means any public employee,
including, but not limited to, any fireman, firefighter, or emergency
rescue personnel, as defined in Section 245.1 of the Penal Code, or
personnel of a local EMS agency, as designated pursuant to Section
1797.200, or a poison control center, as defined by Section 1797.97,
who responds to any condition caused, in whole or in part, by a
hazardous material that jeopardizes, or could jeopardize, public
health or safety or the environment.
(m) "Handle" means to use, generate, process, produce, package,
treat, store, emit, discharge, or dispose of a hazardous material in
any fashion.
(n) "Handler" means any business that handles a hazardous
material.
(o) "Hazardous material" means any material that, because of its
quantity, concentration, or physical or chemical characteristics,
poses a significant present or potential hazard to human health and
safety or to the environment if released into the workplace or the
environment. "Hazardous materials" include, but are not limited to,
hazardous substances, hazardous waste, and any material that a
handler or the administering agency has a reasonable basis for
believing that it would be injurious to the health and safety of
persons or harmful to the environment if released into the workplace
or the environment.
(p) "Hazardous substance" means any substance or chemical product
for which one of the following applies:
(1) The manufacturer or producer is required to prepare a MSDS for
the substance or product pursuant to the Hazardous Substances
Information and Training Act (Chapter 2.5 (commencing with Section
6360) of Part 1 of Division 5 of the Labor Code) or pursuant to any
applicable federal law or regulation.
(2) The substance is listed as a radioactive material in Appendix
B of Chapter 1 of Title 10 of the Code of Federal Regulations,
maintained and updated by the Nuclear Regulatory Commission.
(3) The substances listed pursuant to Title 49 of the Code of
Federal Regulations.
(4) The materials listed in subdivision (b) of Section 6382 of the
Labor Code.
(q) "Hazardous waste" means hazardous waste, as defined by
Sections 25115, 25117, and 25316.
(r) "Office" means the Office of Emergency Services.
(s)
(r) "Release" means any spilling, leaking,
pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping, or disposing into the environment,
unless permitted or authorized by a regulatory agency.
(t)
(s) "Secretary" means the Secretary for
Environmental Protection.
(u)
(t) "SIC Code" means the identification
number assigned by the Standard Industrial Classification Code to
specific types of businesses.
(v)
(u) "Threatened release" means a condition
creating a substantial probability of harm, when the probability and
potential extent of harm make it reasonably necessary to take
immediate action to prevent, reduce, or mitigate damages to persons,
property, or the environment.
(w)
(v) "Trade secret" means trade secrets as
defined in subdivision (d) of Section 6254.7 of the Government Code
and Section 1060 of the Evidence Code.
(x)
(w) "Unified Program Facility" means all
contiguous land and structures, other appurtenances, and improvements
on the land that are subject to the requirements of paragraphs (4)
and (5) of subdivision (c) of Section 25404.
SEC. 8. Section 25501.5 is added to the
Health and Safety Code , to read:
25501.5. Regulations adopted by the former Office of Emergency
Services pursuant to this chapter shall remain in effect until the
department amends or revises those regulations.
SEC. 9. Section 25502 of the Health and
Safety Code is amended to read:
25502. (a) (1) This chapter, as it pertains to the handling of
hazardous material, shall be implemented by one of the following:
(A) If there is a CUPA, the Unified Program Agency.
(B) If there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
(2) The agency responsible for implementing this chapter shall
ensure full access to, and the availability of, information submitted
under this chapter to emergency rescue personnel and other
appropriate governmental entities within its jurisdiction.
(b) (1) If there is no CUPA, a city may, by ordinance or
resolution, assume responsibility for the implementation of this
chapter and, if so, shall have exclusive jurisdiction within the
boundary of the city for the purposes of carrying out this chapter.
The ordinance shall require that a person who violates Section 25507
shall be subject to the penalties specified in Section 25515. A city
that assumes responsibility for implementation of this chapter shall
provide notice of its ordinance or resolution to the office
department and to the administering agency of
its county. It shall also consult with, and coordinate its activities
with, the county in which the city is located to avoid duplicating
efforts or any misunderstandings regarding the areas, duties, and
responsibilities of each administering agency.
(2) A city may not assume responsibility for the implementation of
this chapter unless it has enacted an implementing ordinance or
adopted an implementing resolution not later than 60 days after the
office department adopts regulations
pursuant to Section 25503, except that a city may enact an
implementing ordinance or adopt an implementing resolution after this
60-day period, if it has an agreement with the county to do so. A
new city has one year from the date of incorporation to enact an
ordinance or adopt a resolution implementing this chapter.
(3) The agency responsible for administering and enforcing this
chapter shall be the agency so authorized pursuant to subdivision (f)
of Section 25404.3.
(c) If there is no CUPA, the county and any city that assume
responsibility pursuant to subdivision (b) shall designate a
department, office, or other agency of the county or city, as the
case may be, or the city or county may designate a fire district, as
the administering agency responsible for administering and enforcing
this chapter. The county and any city that assume responsibility
pursuant to subdivision (b) shall notify the office immediately upon
making a designation. The agency responsible for administering and
enforcing this chapter shall be the agency so authorized pursuant to
subdivision (f) of Section 25404.3.
SEC. 10. Section 25503 of the Health
and Safety Code is amended to read:
25503. (a) Not later than September 1, 1986, the office
shall adopt, after public hearing and consultation with the office of
the State Fire Marshal and other appropriate public entities,
regulations for minimum standards for business plans and area plans.
All business plans and area plans shall meet the standards
adopted by the office department .
(b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:
(1) Set forth minimum requirements of adequacy, and not preclude
the imposition of additional or more stringent requirements by local
government.
(2) Take into consideration and adjust for the size and nature of
the business, the proximity of the business to residential areas and
other populations, and the nature of the damage potential of its
hazardous materials in establishing standards for subdivisions (b)
and (c) of Section 25504.
(3) Take into account the existence of local area and business
plans which meet the requirements of this chapter so as to minimize
the duplication of local efforts, consistent with the objectives of
this chapter.
(4) Define what releases and threatened releases are required to
be reported pursuant to Section 25507. The office
department shall consider the existing federal reporting
requirements in determining a definition of reporting releases
pursuant to Section 25507.
(c) An administering agency shall establish an area plan for
emergency response to a release or threatened release of a hazardous
material within its jurisdiction. An area plan is not a statute,
ordinance, or regulation for purposes of Section 669 of the Evidence
Code. The standards for area plans in the regulations adopted
pursuant to subdivision (a) shall provide for all of the following:
(1) Procedures and protocols for emergency rescue personnel,
including the safety and health of those personnel.
(2) Preemergency planning.
(3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special
districts.
(4) Training of appropriate employees.
(5) Onsite public safety and information.
(6) Required supplies and equipment.
(7) Access to emergency response contractors and hazardous waste
disposal sites.
(8) Incident critique and followup.
(9) Requirements for notification to the office of reports made
pursuant to Section 25507.
(d) The administering agency shall submit a copy of its proposed
area plan, within 180 days after adoption of regulations by the
office establishing area plan standards, to the office for review.
The office shall notify the administering agency as to whether the
area plan is adequate and meets the area plan standards. The
administering agency shall within 45 days of this notice submit a
corrected area plan.
The administering agency shall certify to the office every three
years that it has conducted a complete review of its area plan and
has made any necessary revisions. Any time an administering agency
makes any substantial changes to its area plan, it shall forward the
changes to the office within 14 days after the changes have been
made.
(e) An administering agency shall submit to the office, along with
its area plan, both of the following:
(1) The basic provisions of a plan to conduct onsite inspections
of businesses subject to this chapter by either the administering
agency or other designated entity. These inspections shall ensure
compliance with this chapter and shall identify existing safety
hazards that could cause or contribute to a release and, where
appropriate, enforce any applicable laws and suggest preventative
measures designed to minimize the risk of the release of hazardous
material into the workplace or environment. The requirements of this
paragraph do not alter or affect the immunity provided a public
entity pursuant to Section 818.6 of the Government Code.
(2) A plan to institute a data management system which will assist
in the efficient access to and utilization of information collected
under this chapter. This data management system shall be in operation
within two years after the business plans are required to be
submitted to the administering agency pursuant to Section 25505.
(f) The regulations adopted by the office
department pursuant to subdivision (a) shall include an
optional model reporting form
for business and area plans.
SEC. 11. Section 25503.3 of the Health
and Safety Code is amended to read:
25503.3. (a) The office department
shall, in consultation with the administering agencies, in accordance
with Section 25503.1, adopt by regulation a single comprehensive
hazardous material reporting form for businesses to submit to
administering agencies for purposes of Section 25509. The form shall
include a section for additional information that may be requested by
the administering agency. The regulations shall also specify
criteria for sharing data electronically. Except as provided in
subdivisions (b) and (c), after January 1, 1997, each administering
agency shall require businesses to use this form annually when
complying with Section 25509.
(b) (1) Except as provided in paragraph (2), an administering
agency may allow a business to submit a form designated by the
administering agency for purposes of the inventory required by
Section 25509 instead of the single comprehensive hazardous material
reporting form adopted pursuant to subdivision (a). Any form
designated by an administering agency pursuant to this paragraph
shall ensure that all of the information required by Section 25509 is
reported. The form shall be developed in consultation with the other
agencies within the jurisdiction that are responsible for fire
protection, emergency response, and environmental health. If the
administering agency permits inventory information to be submitted by
electronic means, the format and mode of submittal shall be
developed in consultation with those other agencies and, following
the adoption of standards for the sharing of electronic data pursuant
to subdivision (e) of Section 25404, shall be consistent with those
standards.
(2) If a business chooses to submit the single comprehensive
hazardous material reporting form adopted pursuant to subdivision
(a), the administering agency shall accept that form.
(c) Notwithstanding Section 25509, a business may comply with the
annual inventory reporting requirements of this article by submitting
a certification statement to the administering agency if both of the
following apply:
(1) The business has previously filed the single comprehensive
hazardous material reporting form required by subdivision (a) or the
alternative form designated by the administering agency pursuant to
subdivision (b).
(2) The business can attest to the statements set forth in
paragraphs (1) to (4), inclusive, of subdivision (f) of Section
25501.
SEC. 12. Section 25503.5 of the Health
and Safety Code is amended to read:
25503.5. (a) (1) A business, except as provided in subdivisions
(b), (c), and (d), shall establish and implement a business plan for
emergency response to a release or threatened release of a hazardous
material in accordance with the standards prescribed in the
regulations adopted pursuant to Section 25503, if the business
handles a hazardous material or a mixture containing a hazardous
material that has a quantity at any one time during the reporting
year that is any of the following:
(A) Equal to, or greater than, a total weight of 500 pounds or a
total volume of 55 gallons.
(B) Equal to, or greater than, 200 cubic feet at standard
temperature and pressure, if the substance is compressed gas.
(C) If the substance is a radioactive material, it is handled in
quantities for which an emergency plan is required to be adopted
pursuant to Part 30 (commencing with Section 30.1), Part 40
(commencing with Section 40.1), or Part 70 (commencing with Section
70.1), of Chapter 1 of Title 10 of the Code of Federal Regulations,
or pursuant to any regulations adopted by the state in accordance
with those regulations.
(2) In meeting the requirements of this subdivision, a business
may, if it elects to do so, use the format adopted pursuant to
Section 25503.4.
(b) (1) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained
by a physician, dentist, podiatrist, veterinarian, or pharmacist, at
his or her office or place of business, stored at each office or
place of business in quantities of not more than 1,000 cubic feet of
each material at any one time, are exempt from this section and from
Section 25505. The administering agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.
(2) (A) Lubricating oil is exempt from this section and Sections
25505 and 25509, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.
(B) For purposes of this paragraph, "lubricating oil" means any
oil intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, plane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(c) (1) Hazardous material contained solely in a consumer product
for direct distribution to, and use by, the general public is exempt
from the business plan requirements of this chapter unless the
administering agency has found, and has provided notice to the
business handling the product, that the handling of certain
quantities of the product requires the submission of a business plan,
or any portion thereof, in response to public health, safety, or
environmental concerns.
(2) In addition to the authority specified in paragraph (4), the
administering agency may, in exceptional circumstances, following
notice and public hearing, exempt from the inventory provisions of
this chapter any hazardous substance specified in subdivision (p) of
Section 25501 if the administering agency finds that the hazardous
substance would not pose a present or potential danger to the
environment or to human health and safety if the hazardous substance
was released into the environment. The administering agency shall
specify in writing the basis for granting any exemption under this
paragraph. The administering agency shall send a notice to the
office department within five days from
the effective date of any exemption granted pursuant to this
paragraph.
(3) The administering agency, upon application by a handler, may
exempt the handler, under conditions that the administering agency
determines to be proper, from any portion of the business plan, upon
a written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment or affect the ability of the administering agency and
emergency rescue personnel to effectively respond to the release of a
hazardous material, and that there are unusual circumstances
justifying the exemption. The administering agency shall specify in
writing the basis for any exemption under this paragraph.
(4) The administering agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
chapter upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
administering agency shall specify in writing the basis for any
exemption under this paragraph.
(5) An administering agency shall exempt a business operating a
farm for purposes of cultivating the soil or raising or harvesting
any agricultural or horticultural commodity from filing the
information in the business plan required by subdivisions (b) and (c)
of Section 25504 if all of the following requirements are met:
(A) The handler annually provides the inventory of information
required by Section 25509 to the county agricultural commissioner
before January 1 of each year.
(B) Each building in which hazardous materials subject to this
chapter are stored is posted with signs, in accordance with
regulations that the office department
shall adopt, that provide notice of the storage of any of the
following:
(i) Pesticides.
(ii) Petroleum fuels and oil.
(iii) Types of fertilizers.
(C) Each county agricultural commissioner forwards the inventory
to the administering agency within 30 days from the date of receipt
of the inventory.
(6) The administering agency shall exempt a business operating an
unstaffed remote facility located in an isolated sparsely populated
area from the hazardous materials business plan and inventory
requirements of this article if the facility is not otherwise subject
to the requirements of applicable federal law, and all of the
following requirements are met:
(A) The types and quantities of materials onsite are limited to
one or more of the following:
(i) Five hundred standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
(ii) Five hundred gallons of combustible liquid used as a fuel
source.
(iii) Two hundred gallons of corrosive liquids used as
electrolytes in closed containers.
(iv) Five hundred gallons of lubricating and hydraulic fluids.
(v) Twelve hundred gallons of flammable gas used as a fuel source.
(B) The facility is secured and not accessible to the public.
(C) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
(D) A one-time notification and inventory is provided to the
administering agency along with a processing fee in lieu of the
existing fee. The fee shall not exceed the actual cost of processing
the notification and inventory, including a verification inspection
if necessary.
(E) If the information contained in the initial notification or
inventory changes and the time period of the change is longer than 30
days, the notification or inventory shall be resubmitted within 30
days to the administering agency to reflect the change, along with a
processing fee, in lieu of the existing fee, that does not exceed the
actual cost of processing the amended notification or inventory,
including a verification inspection, if necessary.
(F) The administering agency shall forward a copy of the
notification and inventory to those agencies that share
responsibility for emergency response.
(G) The administering agency may require an unstaffed remote
facility to submit a hazardous materials business plan and inventory
in accordance with this article if the agency finds that special
circumstances exist such that development and maintenance of the
business plan and inventory is necessary to protect public health and
safety and the environment.
(d) Onpremise On premise use,
storage, or both, of propane in an amount not to exceed 300 gallons
that is for the sole purpose of heating the employee working areas
with that business is exempt from this section, unless the
administering agency finds, and provides notice to the business
handling the propane, that the handling of the onpremise propane
requires the submission of a business plan, or any portion thereof,
in response to public health, safety, or environmental concerns.
(e) The administering agency shall provide all information
obtained from completed inventory forms, upon request, to emergency
rescue personnel on a 24-hour basis.
(f) The administering agency shall adopt procedures to provide for
public input when approving any applications submitted pursuant to
paragraph (3) or (4) of subdivision (c).
SEC. 13. Section 25503.9 of the Health
and Safety Code is amended to read:
25503.9. On or before January 1, 1995, the office
The department shall, in consultation with the
administering agencies and the State Fire Marshal, adopt by
regulation, a single comprehensive addendum to the hazardous
materials reporting form for businesses to submit to administering
agencies for purposes of complying with subdivisions (b) and (c) of
Section 13143.9 and subdivision (b) of Section 25509. The regulations
shall also specify criteria for sharing data electronically. Not
later than two years after the effective date of those regulations,
and annually thereafter, each administering agency shall require
businesses to use that addendum when complying with subdivisions (b)
and (c) of Section 13143.9 and subdivision (b) of Section 25509. The
addendum shall be filed with the administering agency, when required
by the local fire chief.
SEC. 14. Section 25505.2 of the Health
and Safety Code is amended to read:
25505.2. (a) Notwithstanding any other provision of this chapter,
any a city or county which
that , on September 1, 1985, had in effect a
local ordinance containing business inventory reporting requirements
substantially similar to this chapter, as amended by the act enacting
this section, is exempt from having to implement any
regulations adopted by the office
department concerning business plans upon meeting both of the
following requirements:
(1) Not later than 90 days after the effective date of the act
enacting this section, the city or county enacts an ordinance, or
amends its existing ordinance, so that its requirements for business
plans are the same as, or more restrictive than, this chapter,
including subdivision (a) of Section 25503.5 and Sections 25504 and
25509.
(2) The office department certifies
that the ordinance's requirements are in compliance with paragraph
(1) and that the city or county is implementing the ordinance, based
upon evidence submitted by the city or county. Applications for
exemption shall be filed with the office
department not later than 120 days from the effective date of
the act enacting this section and the office
department shall certify or reject the applications within 60
days after receipt. The city or county may file an appeal of the
decision of the office with the Director of the Office of
Emergency Services department with the Director of
Toxic Substances Control , under procedures established by the
office department .
(b) This section does not exempt any and
administering agency from compliance with any other provision
of this chapter.
(c) Any A business located in a city
or county which is exempt from the regulations adopted pursuant to
this chapter concerning business plans, shall comply with the
ordinance adopted by the city or county.
SEC. 15. Section 25509 of the Health
and Safety Code is amended to read:
25509. (a) The annual inventory form shall include, but shall not
be limited to, information on all of the following which are handled
in quantities equal to or greater than the quantities specified in
subdivision (a) of Section 25503.5:
(1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.
(2) The category of waste, including the general chemical and
mineral composition of the waste listed by probable maximum and
minimum concentrations, of every hazardous waste handled by the
business.
(3) A listing of the chemical name and common names of every other
hazardous material or mixture containing a hazardous material
handled by the business which is not otherwise listed pursuant to
paragraph (1) or (2).
(4) The maximum amount of each hazardous material or mixture
containing a hazardous material disclosed in paragraphs (1), (2), and
(3) which is handled at any one time by the business over the course
of the year.
(5) Sufficient information on how and where the hazardous
materials disclosed in paragraphs (1), (2), and (3) are handled by
the business to allow fire, safety, health, and other appropriate
personnel to prepare adequate emergency responses to potential
releases of the hazardous materials.
(6) The SIC Code number of the business if applicable.
(7) The name and phone number of the person representing the
business and able to assist emergency personnel in the event of an
emergency involving the business during nonbusiness hours.
(b) If the local fire chief requires the business to comply with
the requirements of subdivision (c) of Section 80.103 of the Uniform
Fire Code, as adopted by the State Fire Marshal pursuant to Section
13143.9, the business shall also file the addendum required by
Section 25503.9 with the administering agency.
(c) The administering agency may permit the reporting of the
amount of hazardous material under this section by ranges, rather
than a specific amount, as long as those ranges provide the
information necessary to meet the needs of emergency rescue
personnel, to determine the potential hazard from a release of the
materials, and meets the purposes of this chapter.
(d) (1) Except as provided in subdivision (e), the annual
inventory form required by this section shall also include all
inventory information required by Section 11022 of Title 42 of the
United States Code, as that section read on January 1, 1989, or as it
may be subsequently amended.
(2) The office department may adopt
or amend existing regulations specifying the inventory information
required by this subdivision.
(e) If, pursuant to federal law or regulation, as it currently
exists or as it may be amended, there is a determination that the
inventory information required by subdivisions (a) and (c) is
substantially equivalent to the inventory information required under
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Sec. 11001 et seq.), the requirements of subdivision (d) shall
not apply.
SEC. 16. Section 25517.5 of the Health
and Safety Code is amended to read:
25517.5. (a) The office In fulfilling
their responsibilities pursuant to this article, the department
may develop materials, such as guidelines and informational
pamphlets, to assist businesses and UPAs to fulfill their
obligations under this chapter. article. The
California Emergency Management Agency may develop materials, such as
guidelines and informational pamphlets, to assist businesses and
UPAs to fulfill their obligations concerning spill and release
reporting, area plans, and consolidated contingency plans.
(b) The office may adopt emergency regulations for the purpose of
implementing Sections 25503 and 25509. These emergency regulations
shall be adopted by the office 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 purposes of that chapter, 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, or general
welfare.
(b) To the extent necessary, the department and the California
Emergency Management Agency shall coordinate the consolidation of
these materials developed pursuant to this section.
SEC. 17. Section 25531.2 of the Health
and Safety Code is amended to read:
25531.2. (a) The Legislature finds and declares that as the state
implements the federal accidental release prevention program
pursuant to this article, the Office of Emergency Services
department will play a vital and increased role
in preventing accidental releases of extremely hazardous substances.
The Legislature further finds and declares that as an element of the
unified program established pursuant to Chapter 6.11 (commencing with
Section 25404), a single fee system surcharge mechanism is
established by Section 25404.5 to cover the costs incurred by the
office department pursuant to this
article. It is the intent of the Legislature that this existing
authority, together with any federal assistance that may become
available to implement the accidental release program, be used to
fully fund the activities of the office
department necessary to implement this article.
(b) The office department shall use
any federal assistance received to implement Chapter 6.11 (commencing
with Section 25404) to offset any fees or charges levied to cover
the costs incurred by the office
department pursuant to this article.
SEC. 18. Section 25532 of the Health
and Safety Code is amended to read:
25532. Unless the context indicates otherwise, the following
definitions govern the construction of this article:
(a) "Accidental release" means an unanticipated emission of a
regulated substance or other extremely hazardous substance into the
ambient air from a stationary source.
(b) "Administering agency" means the local agency authorized,
pursuant to Section 25502, to implement and enforce this article.
(c) "Covered process" means a process that has a regulated
substance present in more than a threshold quantity.
(d) "Modified stationary source" means an addition or change to a
stationary source that qualifies as a "major change," as defined in
Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C
of Chapter I of Title 40 of the Code of Federal Regulations.
"Modified stationary source" does not include an increase in
production up to the source's existing operational capacity or an
increase in production level, up to the production levels authorized
in a permit granted pursuant to Section 42300.
(e) "Process" means any activity involving a regulated substance,
including any use, storage, manufacturing, handling, or onsite
movement of the regulated substance or any combination of these
activities. For the purposes of this definition, any group of vessels
that are interconnected, or separate vessels that are located so
that a regulated substance could be involved in a potential release,
shall be considered a single process.
(f) "Qualified person" means a person who is qualified to attest,
at a minimum, to the completeness of an RMP.
(g) "Regulated substance" means any substance that is either of
the following:
(1) A regulated substance listed in Section 68.130 of Title 40 of
the Code of Federal Regulations pursuant to paragraph (3) of
subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Sec.
7412(r)(3)).
(2) (A) An extremely hazardous substance listed in Appendix A of
Part 355 (commencing with Section 355.10) of Subchapter J of Chapter
I of Title 40 of the Code of Federal Regulations that is any of the
following:
(i) A gas at standard temperature and pressure.
(ii) A liquid with a vapor pressure at standard temperature and
pressure equal to or greater than 10 millimeters mercury.
(iii) A solid that is one of the following:
(I) In solution or in molten form.
(II) In powder form with a particle size less than 100 microns.
(III) Reactive with a National Fire Protection Association rating
of 2, 3, or 4.
(iv) A substance that the office
department determines may pose a regulated substances accident
risk pursuant to subclause (II) of clause (i) of subparagraph (B) or
pursuant to Section 25543.3.
(B) (i) On or before June 30, 1997, the office
The department shall, in consultation with the Office of
Environmental Health Hazard Assessment, determine which of the
extremely hazardous substances listed in Appendix A of Part 355
(commencing with Section 355.10) of Subchapter J of Chapter I of
Title 40 of the Code of Federal Regulations do either of the
following:
(I) Meet one or more of the criteria specified in clauses (i),
(ii), or (iii) of subparagraph (A).
(II) May pose a regulated substances accident risk, in
consideration of the factors specified in subdivision (g) of Section
25543.1, and, therefore, should remain on the list of regulated
substances until completion of the review conducted pursuant to
subdivision (a) of Section 25543.3.
(ii) The office department shall
adopt, by regulation, a list of the extremely hazardous substances
identified pursuant to clause (i). Extremely hazardous substances
placed on the list are regulated substances for the purposes of this
article. Until the list is adopted, the administering agency
shall determine which extremely hazardous substances should remain
on the list of regulated substances pursuant to the standards
specified in clause (i).
(h) "Regulated substances accident risk" means a potential for the
accidental release of a regulated substance into the environment
that could produce a significant likelihood that persons exposed may
suffer acute health effects resulting in significant injury or death.
(i) "RMP" means the risk management plan required under Part 68
(commencing with Section 68.1) of Subchapter C of Chapter I of Title
40 of the Code of Federal Regulations and by this article.
(j) "State threshold quantity" means the quantity of a regulated
substance described in subparagraph (A) of paragraph (2) of
subdivision (g), as adopted by the office
department pursuant to Section 25543.1 or 25543.3. Until the
office department adopts a state
threshold quantity for a regulated substance, the state threshold
quantity shall be the threshold planning quantity for the regulated
substance specified in Appendix A of Part 355 (commencing with
Section 355.10) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations.
(k) "Stationary source" means any stationary source, as defined in
Section 68.3 of Title 40 of the Code of Federal Regulations.
() "Threshold quantity" means the quantity of a regulated
substance that is determined to be present at a stationary source in
the manner specified in Section 68.115 of Title 40 of the Code of
Federal Regulations and that is the lesser of either of the
following:
(1) The threshold quantity for the regulated substance specified
in Section 68.130 of Title 40 of the Code of Federal Regulations.
(2) The state threshold quantity.
(m) "Person" means an individual, trust, firm, joint stock
company, business concern, partnership, limited liability company,
association, or corporation, including, but not limited to, a
government corporation. "Person" also includes any city, county, city
and county, district, commission, the state or any department,
agency or political subdivision thereof, any interstate body, and the
federal government or any department or agency thereof to the extent
permitted by law.
SEC. 19. Section
25533 of the Health and Safety Code is amended
to read:
25533. (a) The program for prevention of accidental releases of
regulated substances adopted by the Environmental Protection Agency
pursuant to subsection (r) of Section 112 of the Clean Air Act (42
U.S.C. Section 7412(r)), with the additional provisions specified in
this article, is the accidental release prevention program for the
state. The program shall be implemented by the office
department and the appropriate administering
agency in each city or county. The state's implementation of the
federal program adopted by the Environmental Protection Agency is not
subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. Notwithstanding this
article or Division 26 (commencing with Section 39000), the
accidental release prevention program submitted by the
office department to the Environmental
Protection Agency to receive delegation of federal authority to
implement the federal program shall include only those regulated
substances and threshold quantities specified in the regulations
adopted by the Environmental Protection Agency.
(b) The office department and the
administering agency shall, to the maximum extent feasible,
coordinate implementation of the accidental release prevention
program with the federal Chemical Safety and Hazard Investigation
Board, the Emergency Response Commission and local emergency planning
committees, the unified program elements specified in subdivision
(c) of Section 25404, the permitting programs implemented by the air
quality management districts and air pollution control districts
pursuant to Title V of the Clean Air Act (42 U.S.C. Section 7661 et
seq.), and with other agencies, as specified in Section 25404.2.
(c) Section 39602 does not apply to the accidental release
prevention program promulgated and implemented pursuant to subsection
(r) of Section 112 of the Clean Air Act (42 U.S.C. Section 7412(r)).
(d) The administering agency in each jurisdiction is the agency
designated to implement and enforce any requirements specified by the
Environmental Protection Agency and pertaining to any of the
following:
(1) Verification of stationary source registration and submission
of an RMP or revised RMP.
(2) Verification of source submission of stationary certifications
or compliance schedules.
(3) Mechanisms for ensuring that stationary sources permitted
pursuant to Title V of the federal Clean Air Act (42 U.S.C. Section
7661 et seq.) are in compliance with the requirements of this
article.
(e) Notwithstanding subdivision (d) and paragraph (2) of
subdivision (a) of Section 25404.1, if, after a public hearing, the
office department determines that an
administering agency is not taking reasonable actions to enforce the
statutory provisions and regulations pertaining to accidental
releases of regulated substances, the office
department may exercise any of the powers of that administering
agency as necessary to implement this article.
(f) Notwithstanding any other provision of law, at any time there
is no local agency certified to implement in a city or unincorporated
portion of a county the unified program established pursuant to
Chapter 6.11 (commencing with Section 25404), the office
department shall do one of the following:
(1) Authorize the administering agency which implemented this
article in the city or county as of December 31, 1993, to continue to
implement this article until such time as a local agency is
certified to implement the unified program.
(2) Assume authority and responsibility to implement this article
in that city or county until a local agency is certified to implement
the unified program, in which case all references in this article to
the administering agency shall be deemed to refer to the
office department .
SEC. 20. Section 25534.05 of the Health
and Safety Code is amended to read:
25534.05. (a) The office department
, in consultation with the administering agencies, industry, the
public, and other interested parties, shall adopt regulations,
initially as emergency regulations, for all of the following
activities:
(1) The registration of stationary sources subject to this
article.
(2) The receipt, review, revision, and audit of RMPs.
(3) The resolution of disagreements between stationary source
operators and administering agencies.
(4) Providing for the public availability of RMPs, consistent with
subsection (c) of Section 114 of the federal Clean Air Act (42
U.S.C. Section 7414(c)).
(5) The provision of technical assistance to stationary sources
subject to the accidental release prevention program.
(b) The regulations shall also require each stationary source to
work closely with the administering agency in deciding which process
hazard review technique is best suited for each stationary source's
covered processes.
(c) The regulations shall provide that the process hazard analysis
shall include the consideration of external events, including
seismic events, if applicable.
(d) The regulations shall also require each stationary source to
work closely with the administering agency in determining for each
RMP an appropriate level of detail for the document elements
specified in Section 68.150(a) of Title 40 of the Code of Federal
Regulations and for documentation of the external events analysis.
(e) Administering agencies shall implement the regulations adopted
pursuant to this section.
SEC. 21. Section 25539 of the Health
and Safety Code is amended to read:
25539. The office department and
each administering agency, in implementing this article, shall, upon
request, involve and cooperate with local and state government
officials, emergency planning committees, and professional
associations.
SEC. 22. Section 25543 of the Health
and Safety Code is amended to read:
25543. The office department shall
obtain and maintain state delegation of the federal accidental
release prevention program established pursuant to subsection (r) of
Section 7412 of Title 42 of the United States Code. Substances that
are regulated under this article only because they are regulated
substances pursuant to paragraph (2) of subdivision (g) of Section
25532 and state threshold quantities shall not be a part of the state
program for which delegation of federal implementation and
enforcement authority is sought pursuant to this section and
subdivision (a) of Section 25533.
SEC. 23. Section 25543.1 of the Health
and Safety Code is amended to read:
25543.1. (a) Any A person may
submit a petition to the office department
for the addition of a material to, or for the deletion of a
material from, the regulated substances list adopted pursuant to
subparagraph (B) of paragraph (2) of subdivision (g) of Section 25532
or to revise the existing state threshold quantities that are used
as the standards for registration and RMP compliance.
(b) A petition submitted pursuant to subdivision (a) shall be
accompanied by a submission fee, to be established by the
office department , in consultation with the
Office of Environmental Health Hazard Assessment. The fee shall be in
an amount that is sufficient to pay for the reasonable costs
incurred by the office department and
the Office of Environmental Health Hazard Assessment necessary to
carry out this section. Upon the receipt of the petition and fee, the
office department shall transmit to
the Office of Environmental Health Hazard Assessment funds sufficient
to pay for the reasonable costs incurred by the Office of
Environmental Health Hazard Assessment to carry out this section.
(c) An owner or operator of a stationary source shall not delay
implementation of this article in anticipation of a ruling on a
petition to delist a regulated substance or to change a state
threshold quantity.
(d) The office department shall
notify administering agencies of petitions for adding or delisting
regulated substances or for changing state threshold quantities and
shall take comments from administering agencies on the petitions. All
comments shall be responded to in writing.
(e) The office department shall
notify the public of petitions for adding or delisting regulated
substances or for changing state threshold quantities and shall take
public comment on the petitions. All comments shall be responded to
in writing.
(f) (1) The office department shall
request the Office of Environmental Health Hazard Assessment to
review the petitions and make recommendations to the office
department regarding the petitions.
(2) Each recommendation made pursuant to paragraph (1) shall be
based on current scientific knowledge and a sound and open scientific
review and shall contain a finding whether a substance should be
added to, or deleted from, the regulated substance list, or whether
the state threshold quantity for a regulated substance should be
revised.
(g) The petition review by the Office of Environmental Health
Hazard Assessment shall take into consideration all of the following
factors:
(1) The severity of any acute adverse health effect associated
with an accidental release of the substance.
(2) The likelihood of an accidental release of the substance.
(3) The potential magnitude of human exposure to an accidental
release of the substance.
(4) The results of other preexisting evaluations of the substances
potential risks which take into account the factors specified in
paragraphs (1), (2), and (3), including, but not limited to, studies
or research undertaken by, or on behalf of, the Environmental
Protection Agency for the purpose of complying with paragraph (3) of
subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Sec.
7412 (r)(3)).
(5) The likelihood of the substance being handled in this state.
(6) The accident history of the substance.
(h) Upon receipt of a recommendation made pursuant to subdivision
(f), the office department may add or
remove a substance or change an existing state threshold quantity as
a requirement for this article.
(i) In reviewing a petition under this section, the
office department shall consider the views of
administering agencies that have indicated support or opposition to
the petition.
SEC. 24. Section 42100 of the Public
Resources Code is amended to read:
42100. For purposes of this chapter, the following definitions
apply:
(a) "Agency" means the Business, Transportation and Housing
Agency.
(b) "Air board" means the State Air Resources Board.
(c) "Applicant" means a small business that is a metal plating
facility that produces hazardous waste and applies for financial
assistance pursuant to this chapter to reduce the generation of
hazardous waste.
(d) "Chrome plating" has the same meaning as "decorative chromium
electroplating" and "chromic acid anodizing" as defined in the
regulations specifying a hexavalent chromium toxic control measure
for chrome plating adopted by the air board and contained in Section
93102 of Title 17 of the California Code of Regulations.
(e) "Department" means the Department of Toxic Substances Control.
(f) "Emission reduction" has the same meaning as "airborne toxic
risk reduction measure," as defined in subdivisions (a) and (b) of
Section 44390 of the Health and Safety Code.
(g) "Financial company" is defined pursuant to Section 14010 of
the Corporations Code.
(h) "Financial Development Corporation (FDC)" means a corporation
formed under the California Small Business Financial Development
Corporations Law (Ch. 1 (commencing with Sec. 14000) Pt. 5, Div. 3,
Corp. C.).
(i) "Green business program" means a program coordinated by a
local, state, or federal agency for the purposes of assisting and
recognizing businesses that are in compliance with all environmental
laws and regulations, and taking additional steps to conserve natural
resources and prevent pollution.
(j) "Metal plating facility" means an establishment primarily
engaged in all types of electroplating, plating, anodizing, coloring,
and finishing of metals and formed products for the trade. Metal
plating facility includes a chrome plating facility.
(k) "Model Shop Program" means the voluntary pollution prevention
program developed by the Department of Toxic Substances Control with
assistance from the Los Angeles City Bureau of Sanitation, Sanitation
Districts of Los Angeles County, and the Metal Finishing Association
of Southern California, to assist the metal plating industry in
identifying possible sources of pollution and developing alternative
business practices in order to run cleaner, safer shops.
(l) "National Metal Finishing Strategic Goal Program" means the
voluntary program established through a partnership between the
United States Environmental Protection Agency and the metal finishing
industry that encourages companies to move beyond environmental
compliance by offering participants incentives, resources, and means
for removing regulatory and policy barriers as they work to achieve
specific environmental goals.
(m) "Pollution prevention" means the same as source reduction, as
defined by subdivision (e) of Section 25244.14 of
the Health and Safety Code.
(n) "Sensitive receptor" means a school, general acute care
hospital, long-term health care facility, and child day care
facility. For purposes of this subdivision, "general acute care
hospital" has the meaning provided by subdivision (a) of Section 1250
of the Health and Safety Code, "long-term health care facility" has
the meaning provided by subdivision (a) of Section 1418 of the Health
and Safety Code, and "child day care facility" has the meaning
provided by Section 1596.750 of the Health and Safety Code.
(o) "Water board" means the State Water Resources Control Board.
SECTION 1. The Legislature intends to enact
legislation to expand the hazardous waste source reduction program
established by the Department of Toxic Substances Control pursuant to
Article 11.9 (commencing with Section 25244.12) of Chapter 6.5 of
Division 20 of the Health and Safety Code, and foster more
collaborative efforts to reduce the use of toxic or hazardous
substances in the state, in order to protect the health and safety of
Californians and our environment and to encourage the availability
of safe, nontoxic consumer products by developing standards to allow
those products to be certified as such by the state.
SEC. 2. Section 25244.17.1 of the Health and
Safety Code is amended to read:
25244.17.1. The department shall establish a technical assistance
and outreach program to promote implementation of model source
reduction measures in priority industry categories.
(a) Every two years, in the work plan required by Section
25244.22, the department shall, in consultation with the advisory
committee, select at least three priority categories of generators by
SIC Code. At least one selected category of generators shall be
taken from the list of categories previously selected by the
department under Section 25244.18. At least one selected category of
generators shall be a category that consists primarily of small
businesses.
(b) For each selected priority industry category, the department
shall implement a cooperative source reduction technical assistance
and outreach program to include the following elements:
(1) The department shall use available resources, including
reports prepared pursuant to paragraph (4) of subdivision (a) of
Section 25244.18 and information on source reduction methods from
federal, state, and local governments and industry associations and
industry members, to identify a set of model source reduction
measures for each industry category.
(2) The department shall determine, with the assistance of the
advisory committee, the most effective technical assistance and
outreach methods to promote implementation of the model source
reduction measures identified in paragraph (1).
(3) The department shall develop a plan and schedule to implement
the technical assistance and outreach measures before the next
biennial work plan. The measures may include, but are not limited to,
all of the following:
(A) Holding, presenting at, or cosponsoring workshops,
conferences, technology fairs, and other promotional events.
(B) Developing and distributing educational materials, such as
short descriptions of successful source reduction projects.
(C) Developing checklists, training manuals, technical resource
manuals and using those resources to train CUPAs, small business
development corporations, business environmental assistance centers,
and other regional and local government environmental programs.
(D) Preparing and distributing resource lists, such as lists of
vendors, consultants, or providers of financial assistance for source
reduction projects.
(E) Serving as an information clearinghouse to support telephone
and onsite consultations with businesses and local governments.
(4) For industry categories that include primarily large or
technically complex businesses, the source reduction technical
assistance and outreach program shall emphasize activities that
involve direct communication between department staff and industry
members. For these industry categories, the department shall
communicate with representatives of 80 percent of the state's
companies in the category. For categories that consist primarily of
small businesses, the cooperative source reduction program shall
emphasize providing industry-specific training and resources to
CUPAs, small business development corporations, business
environmental assistance centers, and other regional and local
government environmental programs for use in their inspections and
other direct communications with businesses.
(c) While conducting activities under this section, the department
shall coordinate its activities with appropriate industry and
professional associations.
(d) The department shall coordinate activities under this section
with grants made under Section 25244.5.