BILL ANALYSIS Ó
AB 1329
Page 1
ASSEMBLY THIRD READING
AB 1329 (V. Manuel Pérez)
As Amended May 7, 2013
Majority vote
ENVIRONMENTAL SAFETY 5-2
APPROPRIATIONS 12-5
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|Ayes:|Alejo, Bloom, Lowenthal, |Ayes:|Gatto, Bocanegra, |
| |Stone, Ting | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Ammiano, Pan, Quirk, |
| | | |Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Dahle, Donnelly |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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SUMMARY : Revises the requirement for the Department of Toxic
Substances Control (DTSC) to prepare and adopt a hazardous waste
management plan (plan) to reduce the prevalence and impacts of
hazardous waste facilities in low-income communities.
Specifically, this bill :
1)Makes legislative finds about the citing of hazardous waste
facilities near low income communities.
2)Defines "environmental justice" as the fair treatment of
people of all races, cultures, and incomes with respect to the
development, adoption, implementation, and enforcement of
environmental laws, regulations, and policies.
3)Revises the requirements for the preparation and adoption of a
plan to focus on addressing matters of environmental justice
in the management of the state's hazardous waste.
4)Requires the plan to serve as a comprehensive and enforceable
planning document, instead of as a "useful informational
source" as is currently provided in statute, to ensure that
minority populations and low-income populations are not
disproportionately impacted by the adverse human health,
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social, economic, and environmental effects of hazardous waste
management, including disposal.
5)Makes the following revisions regarding DTSC's requirements
relating to the plan:
a) Requires DTSC to publish the plan or the revised plan in
English and Spanish, instead of not specifying the
publication language; and,
b) Requires DTSC to conduct at least six, instead of two,
public hearings on the plan or revised plan and specifies
that one public hearing must be in each community that
hosts a hazardous waste facility.
6)Adds to those elements already required to be included in the
plan, an inventory of existing and planned hazardous waste
facilities that handle, treat, recycle, dispose, or otherwise
manage hazardous wastes produced in the state, including:
a) The racial and socioeconomic composition of populations
within one-half-mile, one-mile, and five-mile radius around
each existing or planned hazardous waste facility; and,
b) A description of each facility and a full and complete
summary of the facilities' compliance history, including,
but not limited to, the enforcement actions taken by the
department or any other state department or board that is
within the California Environmental Protection Agency
(Cal-EPA), and the penalties imposed pursuant to those
enforcement actions.
c) A description of the enforceable policies, programs,
incentives, requirements, prohibitions, or other measures
necessary to eliminate the disproportionate impact of
hazardous waste management, including disposal, on
low-income and minority populations, which may include
specific measures to reduce the amount of hazardous waste
generated within the state.
d) Additional amendments that focus the plan on enforceable
actions and environmental justice in the siting and
operation of hazardous waste facilities and the management
of hazardous wastes.
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7)Requires the director of DTSC to approve a plan and submit the
approved plan to the Assembly Committee on Environmental
Safety and Toxic Materials and the Assembly Committee on
Budget.
8)Adds a citizen suit provision that authorizes a person to
commence a civil action on that person's own behalf against a
person who is alleged to be in violation of the regulations
adopted pursuant to the plan.
9)Authorizes a person to commence a civil action on that
person's own behalf alleging a failure by DTSC to perform an
act or duty required under the plan, regulation or permitting
statute and that is not otherwise a discretionary act or duty.
10)Authorizes the superior court to have jurisdiction to enforce
a related regulation, or to order the DTSC to perform an act
or duty, and to apply any appropriate civil penalties.
11)Requires, upon the approval of the plan, DTSC to adopt
regulations to implement the plan to ensure that minority
populations and low-income populations are not
disproportionately impacted by the adverse health, social,
economic, and environmental effects of the hazardous waste.
12)Updates hazardous waste tracking requirements to include all
jurisdictions.
13)Adds California's jurisdiction and compacts entered into for
hazardous waste management facilities on tribal lands to the
list of facilities exempted from the provisions prohibiting
transport and delivery of hazardous waste.
14)Requires DTSC to post specified information in Spanish,
revises existing Web site requirements to include searchable
lists and requires additional information to be included on
DTSC's Web site.
EXISTING LAW :
1)Requires the Governor's Office of Planning and Research to be
the coordinating agency in state government for environmental
justice programs.
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2)Requires the California Environmental Protection Agency (Cal
EPA) to develop a model environmental justice mission
statement for boards, departments, and offices within the Cal
EPA agency.
3)Requires the DTSC to prepare and adopt a state hazardous waste
management plan and to revise the plan at least once every
three years.
4)Requires, pursuant to the federal Resource Conservation and
Recovery Act (RCRA), any person who owns or operates a
facility where hazardous waste is treated, stored, or disposed
to have a RCRA hazardous waste permit issued by the U.S.
Environmental Protection Agency (US EPA).
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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)Need for the bill : According to the author, "Low-income
communities are disproportionately home to the state's
hazardous disposal facilities. While these facilities
sometimes bring jobs to disenfranchised areas, they also place
those communities at risk for the accidental releases of toxic
waste, including ground water and air contamination. These
risks become all the more serious when disposal facilities are
allowed to continue operating on expired permits or even
expand despite not instituting a corrective action previously
ordered by the state. AB 1329 will address these issues by
reforming the hazardous waste facilities permitting process
and by requiring the state to develop an action plan for
avoiding economic and racial disparities in the siting of
hazardous disposal facilities."
2)Permitting hazardous waste storage, treatment and disposal
facilities . DTSC is responsible for the review of RCRA and
non-RCRA hazardous waste permit applications to ensure safe
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design and operation; issuance/denial of operating permits;
issuance of post closure permits; approval/denial of permit
modifications; issuance/denial of emergency permits; review
and approval of closure plans; provide closure oversight of
approved closure plans; issuance/denial of variances; provide
assistance to regulated industry on permitting matters;
provide for public involvement provide.
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.
A number of factors exist in identifying an environmental
justice issue. Factors include a concentration of
environmental hazards in an affected area because of the lack
of public participation, a lack of adequate protection under
health and environmental laws, and unusual vulnerability of a
community to hazards. Examples of environmental justice
problems include inadequate storm water protection in a
predominately minority populated section of a city compared to
systems in other parts of the city, siting a landfill in a
community with an over concentration of other hazards,
placement of a highway through a low-income and minority
community.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0000841
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