BILL NUMBER: AB 1507 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 25, 2009
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 42106, and 42107 of, to add
Section 42101.4 to, to repeal Sections 42101.2, 42105,
and 42107 42101.2 and 42105 of, and to repeal
and add Section 42101 of, the Public Resources Code, relating to
hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 1507, as amended, 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
until January 1, 2014, the Chrome Plating and Metal
Finishing Pollution Prevention Grant Program to be administered by
the Department of Toxic Substances Control . The bill would
rename the above fund the Chrome Plating and Metal Finishing
Pollution Prevention Fund . The department would be authorized
to expend, upon appropriation by the Legislature, money in the fund
to make grants that do not exceed 50% of the project cost or
$75,000, whichever is less to chrome metal
plating facilities to be used for pollution prevention improvements.
The bill would prohibit the department from awarding additional
grants upon the exhaustion of moneys in the fund. 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 Section 42101 of the Public Resources Code is repealed.
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 department shall only make 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) The applicant demonstrates that moneys obtained pursuant to
this section will be used for pollution prevention improvement that
will allow the facility to meet or exceed existing
regulatory requirements, or both, and that the
facility has no pending local, state, or federal enforcement or
correction actions.
(e) For the purposes of this section, "pollution prevention
improvement" means the retrofitting of a metal plating facility or
equipment that results in the reduction of chromium or other toxic
metal emissions to a level that exceeds existing regulatory
requirements.
SEC. 4. Section 42101.2 of the Public Resources Code is repealed.
SEC. 5. Section 42101.3 of the Public Resources Code is amended to
read:
42101.3. The 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 42101.4 is added to the
Public Resources Code , to read:
42101.4. (a) The department may issue a grant to an applicant
pursuant to Section 42101.1, upon the applicant's completion of
pollution prevention improvements to the applicant's metal plating
facility.
(b) The amount of the grant issued pursuant to Section 42101.1
shall be determined based on the proximity to sensitive receptors,
potential for toxic contaminant reduction, the facility's past record
of pollution prevention involvement, and other factors the
department deems pertinent. The amount of the grant shall not exceed
50 percent of the total project cost or seventy-five thousand dollars
($75,000), whichever is less.
(c) Upon the exhaustion of moneys in the Chrome Plating and Metal
Finishing Pollution Prevention Fund, the department shall not make
any additional grants.
SEC. 6. SEC. 7. Section 42102 of the
Public Resources Code is amended to read:
42102. (a) There is hereby created, in the
State Treasury, the Chrome Plating and Metal Finishing
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 Department of Toxic Substances Control.
(b) Notwithstanding Section 16305.7 of the Government Code, all
interest or other increments resulting from the investment of the
moneys in the Chrome Plating and Metal Finishing Pollution Prevention
Fund pursuant to Article 4 (commencing with Section 16470) of
Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code
shall be deposited in the fund.
(c) The moneys in the fund shall be expended by the department,
upon appropriation by the Legislature, to make grants, to support the
Model Shop Program pursuant to this chapter, and to pay for
administrative costs associated with the implementation of this
chapter. No more than 5 percent of moneys deposited into the fund may
be used for administrative purposes.
SEC. 7. SEC. 8. Section 42103 of the
Public Resources Code is amended to read:
42103. The department , in collaboration
may consult with the air board and water board, and
shall prepare and adopt criteria and procedures for evaluating
applications for grants awarded pursuant to this chapter, as well as
establish the appropriate requirements to determine that the
equipment purchased or proposed to be purchased assists
the small business in meeting new or exceeding
exceeding new or existing applicable environmental
standards. In developing these criteria, the department shall
specifically consider proximity of the facility to sensitive
receptors and residences and coordinate with existing enforcement
activities. The department shall give priority to need-based
grants for smaller businesses.
SEC. 8. SEC. 9. Section 42105 of the
Public Resources Code is repealed.
SEC. 9. SEC. 10. Section 42106 of
the Public Resources Code is amended to read:
42106. (a) The department, in consultation with the air board and
water board, may adopt regulations to implement this chapter. The
department may adopt emergency regulations to implement the 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 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.
SEC. 11. Section 42107 of the Public
Resources Code is amended to read:
42107. (a) This chapter shall remain in effect only until January
1, 2012 2014 , and as of that date is
repealed, unless a later enacted statute, which is enacted before
January 1, 2012 2014 , deletes or
extends that date.
(b) All unencumbered moneys in the Chrome Plating and Metal
Finishing Pollution Prevention Fund on January 1, 2012
2014 , 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.