BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1329
                                                                  Page  1

          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
                                                                  Page  2

            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