BILL ANALYSIS Ó
AB 1329
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Date of Hearing: May 24, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1329 (V. Manuel Perez) - As Amended: May 7, 2013
Policy Committee: Environmental
Safety and Toxic Materials Vote: 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires the Department of Toxic Substances Control
(DTSC) to develop a statewide hazardous waste plan and adopt
regulations to ensure that minority populations and low-income
populations are not disproportionally impacted by the effects of
hazard waste management. Specifically, this bill:
1)Requires DTSC, by January 1, 2016, to adopt a statewide
hazardous waste plan to address environmental justice, and
requires DTSC to adopt specified regulations.
2)Requires DTSC to post and translate certain information into
Spanish on its website.
3)Authorizes a person to bring a civil action against DTSC or
any party in violation of the regulations.
FISCAL EFFECT
Increased costs to DTSC (Hazardous Waste Control Account) for
public outreach, translation, and plan and regulation
development in the $600,000 range.
The HWCA is not sufficient to fund the requirements of the bill.
A new revenue source or redirection from current enforcement
or permitting activities would be required
COMMENTS
1)Rationale. According to the author, low-income communities
are disproportionately located near the state's hazardous
AB 1329
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disposal facilities. While these facilities sometimes bring
jobs to disenfranchised areas, they also place those
communities at risk for the accidental release of toxic waste,
including groundwater and air contamination. These risks
become more serious when disposal facilities are allowed to
operate on expired permits.
This bill addresses these issues by requiring the state to
develop an action plan for avoiding economic and racial
disparities in the siting and operation of hazardous disposal
facilities.
2)Background. DTSC is responsible for the review of hazardous
waste permit applications to ensure the safe design and
operation of hazardous waste facilities. There are currently
118 DTSC permitted hazardous waste facilities in California.
These facilities include 44 storage sites, 43 treatment
facilities, three disposal sites; and 28 post closure sites.
3)Environmental Justice. Environmental justice refers to the
fair treatment of people of all races, cultures, and income
with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies.
Fair treatment implies that no person, or group of people,
should shoulder a disproportionate share of negative
environmental impacts, such as exposure to air pollutants,
hazardous facilities, and other forms of environmental
pollution.
4)DTSC Regulations. DTSC has contracted for an external peer
review of permitting and enforcement processes for hazardous
waste facilities. The process will review and assess the
current timeliness of decisions, and evaluate the adequacy of
program staffing. DTSC anticipates recommendations for permit
process changes by June of 2013.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081