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