BILL ANALYSIS                                                                                                                                                                                                    



                                                               AB 2379
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2009-2010 Regular Session
                                           
           BILL NO:    AB 2379
           AUTHOR:     Feuer
           AMENDED:    April 7, 2010
           FISCAL:     Yes               HEARING DATE:     June 14, 2010
           URGENCY:    No                CONSULTANT:       Rachel Machi  
           Wagoner
            
           SUBJECT  :    ENVIRONMENTAL PROTECTION: HAZARDOUS
                       WASTE SOURCE REDUCTION

            SUMMARY  :    
           
            Existing law  , under the Hazardous Waste Source Reduction and  
           Management Review Act of 1989, requires specified generators  
           of hazardous waste to maintain certain plans, reports, and  
           summaries with regard to hazardous waste reduction practices.   
           The act also requires the Department of Toxic Substances  
           Control (DTSC) to establish a technical assistance and  
           outreach program to promote implementation of model source  
           reduction measures in priority industry categories.  The act  
           requires the DTSC to select at least two priority categories  
           of generators for participation in DTSC's cooperative source  
           reduction technical assistance and outreach program every two  
           years.

            This bill  expands the number of priority categories of  
           hazardous waste generators that DTSC must select for  
           participation in the DTSC's cooperative source reduction  
           technical assistance and outreach program to:

              1)   Expand, from two to four, the number of priority  
                categories of hazardous waste generators DTSC must select  
                for participation in DTSC's cooperative source reduction  
                technical assistance and outreach program.

              2)   Require that at least one selected category of  
                generators primarily consist of businesses affected by  
                action taken by DTSC pursuant to the Green Chemistry  
                program. 









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           COMMENTS  :

            1)Purpose of Bill  .  According to the author, AB 2379 expands  
             and enhances the scope of DTSC's pollution prevention  
             program in order to provide assistance to businesses as they  
             transition to safer consumer products.  Under California's  
             Green Chemistry framework, users and manufacturers of  
             consumer products containing chemicals of concern will begin  
             to move towards less toxic alternatives under a regulatory  
             process established by AB 1879 (Feuer) Chapter 559, Statutes  
             of 2008, and SB 509 (Simitian) Chapter 560, Statutes of  
             2008.  AB 2379 will allow DTSC to help businesses most  
             affected by these changes with technical and other  
             assistance.

            2)Pollution Prevention  .  DTSC developed its pollution  
             prevention program (P2), pursuant to SB 1916 (Sher) Chapter  
             881, Statutes of 1998, to provide technical assistance and  
             outreach to businesses and industries to reduce their  
             generation of hazardous waste.  However, the paradigm of  
             focusing chemical management on the end of a production  
             pipeline is currently shifting toward a more  
             lifecycle-focused principle consistent with implementation  
             of the Green Chemistry Initiative.
            
           3)Green Chemistry  .  AB 1879 (Feuer) Chapter 559, Statutes of  
             2008 and SB 509 (Simitian), Chapter 560, Statutes of 2008  
             implement together two key pieces of a green chemistry  
             initiative for California: 1) requiring DTSC to adopt  
             regulations for the identification, prioritization, and  
             evaluation of chemicals or chemical ingredients in products  
             that may be considered a "chemical of concern" and their  
             potential alternatives; and 2) requiring  DTSC and the  
             Office of Environmental Health Hazard Assessment to  
             establish a Toxics Information Clearinghouse for the  
             collection, maintenance, and distribution of specific  
             chemical hazard traits and environmental and toxicological  
             end-point data, and to evaluate and specify the hazard  
             traits and environmental and toxicological end-points and  
             any other relevant data that are to be included in the  









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             clearinghouse.

           DTSC recently released an outline of the regulations that DTSC  
             is currently working to develop.

           According to DTSC, the projected release date of the proposed  
             regulations is late spring/early summer of 2010 and the  
             department projects completing and adopting the final  
             regulations by the end of 2010.

            4)Related Legislation  .  AB 1131 (Feuer) of 2009 would have  
             expanded the DTSC pollution prevention (P2) program and  
             transferred 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.     
                    AB 1131 was held on the Assembly Appropriations  
             Committee Suspense file.

            SOURCE  :        Assembly Member Feuer  

           SUPPORT  :       Breast Cancer Fund  

           OPPOSITION  :    None on file