BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 913
                                                                  Page 1

          Date of Hearing:   April 26, 2011

           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
                                Bob Wieckowski, Chair
                     AB 913 (Feuer) - As Amended:  March 31, 2011
           
          SUBJECT  :   Hazardous waste:  source reduction:  certified green 
          business program.

           SUMMARY  :   Requires the Department of Toxic Substances Control 
          (DTSC) to develop a California Green Business Program and 
          specifies requirements for that program.  Specifically,  this 
          bill  : 

          1)Requires, as part of implementing the source reduction 
            program, DTSC to develop a California Green Business Program 
            that provides for the voluntary certification of businesses 
            that adopt environmentally preferable business practices, 
            including, but not limited to, increased energy efficiency, 
            reduced greenhouse gas emissions, promotion of water 
            conservation, and reduced waste generation.

          2)Requires the California Green Business Program to do all of 
            the following:

             a)   Assist the network of statewide local government 
               programs in implementing guidelines and structures that 
               establish and promote a level of consistency among green 
               business programs across the state;

             b)   Support, through staffing and contracts, the development 
               and maintenance of a statewide database to register 
               businesses and track measurable pollution reductions and 
               cost savings;

             c)   Solicit participation of additional local programs and 
               facilitate the startup of new local programs; and,

             d)   Develop technical guidance on pollution prevention 
               measures, conduct industry studies and pilot projects, and 
               provide policy coordination for participating local 
               programs.

           EXISTING LAW  , under the Hazardous Waste Source Reduction and 
          Management Review Act of 1989:








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          1)Requires DTSC to establish a program for hazardous waste 
            source reduction.

          2)Requires DTSC to establish a technical assistance and outreach 
            program to promote implementation of model source reduction 
            measures in priority industry categories.

          3)Requires DTSC to establish a technical and research assistance 
            program to assist generators in identifying and applying 
            methods of source reduction and other hazardous waste 
            management approaches.

          4)Requires DTSC to expand the source reduction program to 
            provide source reduction training and resources to Certified 
            Unified Program Agencies (CUPAs), small business development 
            corporations, business environmental assistance centers, and 
            other regional and local government environmental programs so 
            that they can provide technical assistance to generators in 
            identifying and applying methods of source reduction.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :

           Need for the bill  :  The author argues, "California's 3.6 million 
          small businesses are the backbone of California's economy and 
          represent the vast majority (97%) of private firm employers.  
          Seemingly modest improvements in energy efficiency, pollution 
          preventing and other environmental upgrades at small businesses 
          can have significant environmental benefits when multiplied 
          statewide.  Efficiency upgrades and other environmental best 
          practices can also save businesses money.  Small businesses, 
          however, do not have the same resources available to large 
          businesses to design and implement best environmental practices. 
           Green business certification programs give businesses a 
          consolidated process to adopt environmentally preferable 
          business practices.  In addition to helping small businesses 
          adopt environmentally-preferable practices, green business 
          programs reduce government enforcement costs by requiring 
          compliance with all federal, State and local environmental 
          regulations and encourage a coordinated and cohesive approach to 
          environmental regulation."

          The author contends, "AB 913 directs the ÝDTSC] to aid local 








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          governments in implementing green business certification 
          programs by providing technical and other support for the 
          development and implementation of industry-specific standards.  
          AB 913 will also support the development of a statewide database 
          that will be used to develop and maintain standards and to 
          promote communication between businesses and efficiency 
          providers, and directs DTSC to aid in the implementation of new 
          green business certification programs."

           California Green Business Program  :  According to DTSC, the 
          current California Green Business Program is a statewide network 
          of local government programs that certify small businesses as 
          "green."  These local-level agencies coordinate with other 
          programs in their jurisdictions to assist small businesses with 
          regulatory compliance and in implementing multi-media pollution 
          prevention and waste reduction measures to achieve measureable 
          pollution reductions, energy savings, water conservation and 
          sustainability.  Businesses certified by this program make 
          changes in product formulations, recycle waste, and use less 
          water and energy.  DTSC serves as a statewide program contact 
          and coordinator.  DTSC also develops technical guidance on 
          pollution prevention measures, conducts industry studies and 
          pilot projects, manages a database used to register and track 
          measurable pollution reductions and cost savings, provides 
          policy coordination and assists in establishing new programs 
          throughout the state.

          DTSC's current work efforts focus in three main areas:  (1) 
          assisting the network in adapting its guidelines and structure 
          to facilitate growth and achieve measureable outcomes; (2) 
          support, through staffing and contracts, the development and 
          maintenance of the database used for metrics collection and 
          local program support; and (3) solicit and facilitate the 
          startup of new local programs.

          DTSC states that there are currently 14 counties and 2 city-led 
          programs that have certified over 2,600 businesses.

          The author asserts that, while a good start, the current 
          California Green Business Program is limited in scope and 
          function.  He argues, "Green business programs are severely 
          resource constrained and barely have enough money to fund their 
          own programs.  There's a bottle-neck of businesses that are 
          waiting to apply in some municipalities with programs.  Many 
          businesses would like to apply to programs but are in industries 








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          where standards have not been developed yet.  Many 
          municipalities do not have green business programs and would 
          like to establish them, but need guidance and do not have 
          adequate staff resources." 

          AB 913 is designed to build upon the current program by 
          promoting standardization; helping local governments build new 
          programs; and providing program coordinators with technical 
          guidance on updating and designing standards. 

           Related legislation:
           
          AB 2379 (Feuer), Chapter 386, Statues of 2010, expanded the 
          number of priority categories of hazardous waste generators that 
          DTSC must select for participation in DTSC's cooperative source 
          reduction technical assistance and outreach program.

          AB 1131 (Feuer) of 2009 would have expanded the DTSC pollution 
          prevention 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 in the Assembly Appropriations Committee.

           REGISTERED SUPPORT / OPPOSITION  :

           Support
           
          Accurate Auto Body
          Association of Bay Area Governments
          Barbara Chan Consulting
          Big Air Heating & Air Conditioning
          Braver Designs
          Breast Cancer Fund
          Breathing Room
          Brentwood Hand Car Wash
          Casa Verde Pediatrics
          Clean Water Action
          Contra Costa Clean Water Program
          County of Monterey Health Department
          County of Santa Clara Board of Supervisors
          County of Santa Cruz Department of Public Works
          Ecology Action
          Emeryville Chamber of Commerce
          Environmental Defense Fund








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          Environmental and Public Health Consulting
          Garaventa Enterprises
          Green Wheelin' LLC
          High Spirits Event Planning
          HMR Associates
          ImageX
          Nan Phelps Photography
          No Trace Shedding
          Orinda Motors Inc.
          Progressive Wealth Management
          Pinkys Klassy Kar Wash
          San Francisco Green Business Program (SF Department of the 
          Environment)
          Social Ventures Inc.
          Stanford's Restaurant
          Stanford Group
          Sustainable Earth Initiative
          Vital Nutrition & Wellness
          Veterinary Medical Specialists
          WinWinWeb, LLC dba Everything Grows Interior Landscaping

           Opposition
           
          None received.
           

          Analysis Prepared by  :    Shannon McKinney / E.S. & T.M. / (916) 
          319-3965