BILL ANALYSIS
AB 1131
Page 1
Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1131 (Feuer) - As Amended: April 20, 2009
Policy Committee: Environmental
Safety Vote: 5-2
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill:
1)Expands the Department of Toxic Substances Control's (DTSC)
pollution prevention (P2) program.
2)Transfers the state's hazardous materials emergency
programs-the business and area plan program and the accidental
release prevention program (Cal ARP)-from the California
Emergency Management Agency (CAL EMA) to DTSC.
FISCAL EFFECT
1)Expansion of DTSC's P2 Program
a) Approximately $260,000 in 2010-11 and 2011-12
respectively, to DTSC to develop P2 pilot projects and
performance measures. (Toxic Substances Control Account
(TSCA))
b) Approximately $450,000 in 2010-11 and 2011-12
respectively, to DTSC to develop training materials and
educational programs and to conduct training and outreach.
(TSCA)
2)Transfer of CAL ARP to DTSC
a) Approximately $125,000 in 2009-10 to DTSC to develop CAL
ARP guidelines and informational materials.
b) Approximately $550,000 in ongoing annual costs to DTSC
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to administer CAL ARP and evaluate business and area plans.
(It is unclear whether the cost identified above will be
funded through redirection of CAL EMA funds or if they
would come from a different funding source, such as TSCA.)
c) Costs of around $75,000 to the Secretary for
Environmental Protection to provide oversight and
coordination. (GF)
d) Negligible costs to the Office of Health Hazard
Assessment (OEHHA) to assist with development and
implementation of unified program for hazardous materials.
SUMMARY (continued)
Specifically, this bill:
1)Expands DTSC's P2 Program requires DTSC to:
a) Establish a program for life cycle toxics reduction and
coordinate activities of all state agencies with duties
relating to pollution prevention and green chemistry.
b) Adopt regulations and establish a technical assistance
and outreach program.
c) Select in its biennial hazardous waste reduction work
plan, at least six priority categories of industries,
instead of two categories of generators, as defined.
1)Requires the California Source Reduction Advisory Committee to
evaluate the performance and progress of DTSC's life cycle
toxics reduction program.
2)Transfers CAL ARP to DTSC requires DTSC, rather than CAL EMA,
and the appropriate administering agency in each city or
county to implement the Cal ARP program, and requires all
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business plans and area plans to meet DTSC standard, rather
than CAL EMA standards.
a) Includes OEHHA in the list of agencies that must be
consulted with when the unified program is developed and
implemented.
b) Requires the Secretary for Environmental Protection to
oversee and coordinate the development of regulations and
policies.
c) Authorizes DTSC and CAL EMA to develop materials to
assist businesses and unified program agencies (UPAs).
COMMENTS
1)Rationale. In December, 2008, DTSC released its California
Green Chemistry Initiative: Final Report, which included six
policy recommendations for establishing a comprehensive green
chemistry program in California. This bill attempts to
implement several of the recommendations included in that
report.
2)Background.
a) Pollution Prevention. SB 1916 (Sher, Chapter 881,
Statutes of 1998) augmented activities already conducted by
DTSC to promote hazardous waste source reduction. SB 1916
specifies a set of activities designed to promote source
reduction of hazardous waste using education, outreach, and
other effective voluntary techniques.
The statute established the California Source Reduction
Advisory Committee. The committee consists of 10 public
members selected by DTSC, while the executive directors of
DTSC and four other public environmental agencies serve as
ex-officio members. The committee is responsible for
providing advice to DTSC on pollution prevention program
priorities. This bill attempts to codify many of the
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committee's recommendations.
b) Hazardous Materials Emergency Programs.
i) The Hazardous Materials Business Plan Program
requires owners or operators of a facility to complete
and submit a hazardous material business plan if the
facility handles a hazardous material or mixture
containing a hazardous material over a certain amount.
The business plan provides basic information necessary
for use by first responders and satisfies federal and
state "Community Right-To-Know" laws.
ii) The Cal ARP Program was established to prevent
accidental releases of substances determined to
potentially pose the greatest risk of immediate harm to
the public and the environment. Certified unified
program agencies (CUPAs), participating agencies, or
designated agencies (collectively called Unified Program
Agencies) are authorized to implement and enforce the Cal
ARP program in California.
Recently, the administration proposed transferring
hazardous material emergency programs to DTSC, a proposal
which the Legislative Analysts Office recommended.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081