BILL NUMBER: AB 1507 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Block
(Coauthor: Assembly Member Chesbro)
FEBRUARY 27, 2009
An act to amend Sections 42101.1, 42101.3, 42102, 42103, and 42106
of, to repeal Sections 42101.2, 42105, and 42107 of, and to repeal
and add Section 42101 of, the Public Resources Code, relating to
hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 1507, as introduced, Block. Hazardous materials: metal plating
facilities.
Existing law establishes, until January 1, 2012, a loan guarantee
program, developed and administered by the Business, Transportation
and Housing Agency, to assist chrome plating facilities to purchase
high performance environmental control equipment or technologies.
Existing law establishes in the State Treasury the Chrome Plating
Pollution Prevention Fund to receive deposits of state, federal, and
local governmental money, and other public or private money, for
expenditure by the agency, upon appropriation by the Legislature, to
make loan guarantees available to eligible metal plating facilities.
This bill would revise and recast the program to instead establish
the Chrome Plating and Metal Finishing Pollution Prevention Grant
Program to be administered by the Department of Toxic Substances
Control. The department would be authorized to expend, upon
appropriation by the Legislature, money in the fund to make grants to
chrome metal plating facilities to be used for pollution prevention
improvements. The bill would also make conforming changes.
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 Section 42101 of the Public Resources Code is repealed.
42101. (a) The agency shall work with the department, the air
board, and the water board to develop a loan guarantee program,
through its existing relationship with the Financial Development
Corporations (FDCs) located throughout the state, to assist metal
plating facilities in purchasing high performance environmental
control equipment or technologies that will enable that facility to
meet new or exceed existing regulatory requirements, or both, and
implement additional pollution prevention opportunities.
(b) In establishing the loan guarantee program pursuant to
subdivision (a), the agency shall make every effort to integrate and
leverage existing financing mechanisms for this new program,
including the Treasurer's California Pollution Control Financing
Authority California Capital Access Program (CalCAP), and the
California Infrastructure and Economic Development Bank's (I-Bank)
Revenue Bond program.
SEC. 2. Section 42101 is added to the Public Resources Code, to
read:
42101. There is hereby created in the department the Chrome
Plating and Metal Finishing Pollution Prevention Grant Program.
SEC. 3. Section 42101.1 of the Public Resources Code is amended to
read:
42101.1. The agency department
shall only make loan guarantees grants
available to applicants that meet all of the following eligibility
requirements:
(a) The applicant is a small business, as defined in subdivision
(d) of Section 14837 of the Government Code.
(b) The applicant owns or operates a metal plating facility.
(c) The applicant satisfies one of the following conditions:
(1) Has completed or is currently participating in the Model Shop
Program for metal platers.
(2) Has completed or is currently participating in the National
Metal Finishing Strategic Goals Program.
(3) Is participating in a green business program whose goals are
consistent with the pollution prevention and natural resource
conservation elements of the Model Shop Program.
(4) Is certified as a green business whose goals are consistent
with the pollution prevention and natural resource conservation
elements of the Model Shop Program.
(d) Funds are not obtainable, upon reasonable terms, from
financial companies, without a loan guarantee.
(e)
(d) The applicant demonstrates that moneys
obtained pursuant to this section will be used for pollution
prevention improvement that will allow the facility
meets new to meet or exceeds
exceed existing regulatory requirements, or both,
has and that the facility has no pending local,
state, or federal enforcement or correction actions , and
is participating in or has completed additional pollution prevention
activities .
SEC. 4. Section 42101.2 of the Public Resources Code is repealed.
42101.2. (a) The maximum amount the agency may guarantee for one
applicant is one hundred thousand dollars ($100,000).
(b) All other terms and conditions are defined pursuant to Article
9 (commencing with Section 14070) of Chapter 1 of Part 5 of the
Corporations Code.
SEC. 5. Section 42101.3 of the Public Resources Code is amended to
read:
42101.3. The agency department
shall carry out all of the requirements of this chapter and shall
consult with the California Environmental Protection Agency, local
environmental regulatory agencies, and other interested parties, as
needed.
SEC. 6. Section 42102 of the Public Resources Code is amended to
read:
42102. There is hereby created, in the State Treasury, the Chrome
Plating Pollution Prevention Fund, for the sole purpose of receiving
deposits of state, federal, or local government money, and other
public or private money, for expenditure, upon appropriation by the
Legislature, by the Business, Transportation and Housing
Agency. Department of Toxic Substances Control.
SEC. 7. Section 42103 of the Public Resources Code is amended to
read:
42103. The agency, department, in
collaboration with the air board , and
water board, ,the department, and the FDCs, shall
prepare and adopt criteria and procedures for evaluating applications
for loan guarantees grants awarded
pursuant to this chapter, as well as establish the appropriate
requirements to determine that the equipment proposed to be purchased
assists the small business in meeting new or exceeding existing
applicable environmental standards. In developing these criteria, the
agency department shall specifically
consider proximity of the facility to sensitive receptors and
residences and coordinate with existing enforcement activities.
SEC. 8. Section 42105 of the Public Resources Code is repealed.
42105. On or before January 1, 2007, and every odd-numbered year
thereafter, the agency shall prepare a report concerning the
performance of the loan guarantee program established by this
chapter, including the number and size of loan guarantees made,
statewide distribution of applicants, level of participation and
performance of each of the FDCs, characteristics of recipients, and
the amount of money spent on administering the program. This report
shall be posted on the agency's Internet Web site and notification
provided to the appropriate fiscal and policy committees of the
Legislature, and, upon request, to individual Members of the
Legislature. The department shall provide, as a supplement to this
report, an evaluation of the Model Shop Program , including
recommendations for its improvement and expansion, as well as
coordination with existing enforcement activities.
SEC. 9. Section 42106 of the Public Resources Code is amended to
read:
42106. (a) The agency
department, in consultation with the air board ,
and water board and the department
, may adopt regulations to implement this chapter. The
agency department may adopt emergency
regulations to implement the loan guarantee
grant program 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 the purposes of that chapter, including Section 11346.1
of the Government Code, 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, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, an emergency regulation adopted by the board
pursuant to this section shall be filed with, but not repealed by,
the Office of Administrative Law, and shall remain in effect until
revised by the agency department .
(b) Regulations adopted by the agency pursuant to this section
that are in effect on or before January 1, 2010, shall remain in
effect until revised by the department.
SEC. 10. Section 42107 of the Public Resources Code is repealed.
42107. (a) This chapter shall remain in effect only until January
1, 2012, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2012, deletes or extends
that date.
(b) All unencumbered moneys in the Chrome Plating Pollution
Prevention Fund on January 1, 2012, shall be transferred to the
General Fund.
(c) The repeal of this chapter does not terminate any of the
following rights, obligations, or authorities, or any provision
necessary to carry out these rights, obligations, and authorities:
(1) The repayment of loans, outstanding as of January 1, 2012, due
and payable to the relevant financial company.
(2) The resolution of any cost recovery action.