BILL ANALYSIS Ó
AB 1329
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: AB 1329
AUTHOR: V.M. Perez
AMENDED: June 27, 2013
FISCAL: Yes HEARING DATE: July 3, 2013
URGENCY: No CONSULTANT: Rachel Machi
Wagoner
SUBJECT : HAZARDOUS WASTE
SUMMARY :
Existing law :
1)Requires the Governor's Office of Planning and Research
(OPR) to be the coordinating agency in State government for
environmental justice programs.
2)Requires the California Environmental Protection Agency
(CalEPA) to develop a model environmental justice mission
statement for boards, departments, and offices within
CalEPA.
3)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 an RCRA hazardous waste permit issued by
the U.S. Environmental Protection Agency (US EPA).
4)Requires any person who stores, transports, treats or
disposes of hazardous waste as described in the Hazardous
Waste Control Law (Health and Safety Code, Division 20,
Chapter 6.5) to obtain a permit or a grant of authorization
from the Department of Toxic Substances Control (DTSC).
5)Requires DTSC to establish standards and regulations for the
management of hazardous wastes to protect against the
hazards to public health, domestic livestock, wildlife and
the environment.
6)Prohibits a person from transporting hazardous waste, as
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specified, if the final destination of the transported
hazardous waste is in a state other than California or in a
territory of the United States, unless the facility is
issued a permit pursuant to RCRA or the facility is
authorized by the State to accept that waste.
This bill :
1) Makes specified findings regarding the importance of
environmental justice.
2) Requires DTSC to prioritize enforcement activities in
environmental justice communities as identified by CalEPA.
3) Prohibits a person from transporting hazardous waste, as
specified, if the final destination of the transported
hazardous waste is a domestic facility outside the
jurisdiction of the State unless certain conditions apply
to the facility, including whether the facility is subject
to a cooperative agreement, as specified.
COMMENTS :
1)Purpose of 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
design and operation; issuance/denial of operating permits;
issuance of postclosure permits; approval/denial of permit
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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; and provide for public involvement.
There are currently 118 DTSC permitted hazardous waste
facilities in California. These facilities include: 44
storage sites, 43 treatment facilities, 3 disposal sites,
and 28 postclosure 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 stormwater
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.
4)Criticism of DTSC hazardous waste facility permitting
process . A report entitled "Golden Wasteland," prepared by
a consumer advocacy organization, issued in February of
2013, was critical of DTSC's hazardous waste permitting and
enforcement process. According to the report, DTSC settles
cases out of court with facility operators, levies
ineffective fines and fails to develop and refer cases for
prosecution. It was asserted that the DTSC often awards
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permits without environmental review, and it has not revoked
the permit of a serial violator of environmental laws in
more than 15 years.
5)DTSC external peer review of permit reforms . DTSC has
undertaken a review of permitting and enforcement processes
for hazardous waste facilities. To do this, DTSC has
contracted for an outside program evaluation that will
provide a review of the DTSC permit process to develop a
standardized process with decision criteria and
corresponding standards of performance. The DTSC process
will review and assess the current timeliness of decisions,
and evaluate the adequacy of program staffing. It will make
recommendations for process improvement. DTSC anticipates
recommendations through the review process for permit
process changes by June of 2013.
6)California Communities Environmental Health Screening Tool .
The California Environmental Protection Agency (CalEPA) and
the Office of Environmental Health Hazard Assessment (OEHHA)
released two public review drafts of the California
Communities Environmental Health Screening Tool
(CalEnviroScreen) on July 30, 2012 and January 3, 2013.
This tool presents the nation's first comprehensive
screening methodology to identify California communities
that are disproportionately burdened by multiple sources of
pollution and presents the statewide results of the analysis
using the screening tool.
7)California Environmental Justice Legislation . SB 115
(Solis), Chapter 690, Statutes of 1999, defines
"environmental justice" in statute and requires OPR to be
the coordinating agency with CalEPA for environmental
justice programs. The bill also requires CalEPA to develop a
model environmental justice mission statement for its
boards, departments, and offices by January 1, 2001.
SB 89 (Escutia), Chapter 728, Statutes of 2000, requires the
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Secretary for Environmental Protection to convene a Working
Group on Environmental Justice. This Working Group would
assist CalEPA in developing an agency-wide strategy to
identify and address any gaps in existing programs, policies
or activities that could impede the achievement of
environmental justice. The bill also requires the Secretary
to convene an Advisory Group on Environmental Justice to
provide information and recommendations to the Working
Group.
AB 1390 (Firebaugh), Chapter 763, Statutes of 2001, extends
until January 1, 2001, the policy enacted in the 2001-02
State Budget that directs air districts to target at least
50% of the $48 million General Fund appropriated to three
diesel emission reduction programs to environmental justice
communities. It exempts small air districts from this
requirement. It also makes federal agencies eligible to
receive grants to purchase Zero Emission Vehicles that would
be located in low income and minority communities.
AB 1553 (Keeley), Chapter 762, Statutes of 2001, requires
the OPR to adopt guidelines for local agencies when
addressing environmental justice issues in its general
plans. OPR would be required to adopt the guidelines by July
1, 2003.
SB 32 (Escutia), Chapter 764, Statutes of 2001, authorizes
local governments to investigate and cleanup small parcels
of property contaminated with hazardous waste. The bill also
requires CalEPA to conduct scientific peer review of
screening values. Screening values are advisory numbers that
estimate what cleanup efforts are needed for developing a
property. SB 32 also requires the development of a guidance
document to assist communities, developers, and local
governments in understanding the complicated factors and
procedures used for cleaning up hazardous waste.
SB 828 (Alarcon), Chapter 765, Statutes of 2001, adds due
dates for developing an interagency environmental justice
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strategy affecting boards, departments, and offices within
CalEPA. Subsequently, the bill will require each of the
CalEPA boards, departments, and offices, by December 31,
2003, to review, identify, and address program obstacles
impeding environmental justice.
AB 2312 (Chu), Chapter 994, Statutes 2002, establishes an
Environmental Justice Small Grant Program administered by
CalEPA. It will provide grants of up to $20,000 to local
community nonprofit organizations for projects that address
environmental justice issues.
SB 1542 (Escutia), Chapter 1003, Statutes 2002, requires the
California Integrated Waste Management Board to provide
environmental justice models and information to local
jurisdictions (and private businesses) to assist with their
consideration of environmental justice concerns when
amending a Countywide Siting Element that is submitted to
the Board on or after January 1, 2003. The models and
information must be provided by April 1, 2003. For
Countywide Siting Elements submitted (or revised) after
January 1, 2003, local jurisdictions are required to
describe actions taken to solicit public participation by
members of the affected communities, including minority and
low-income populations. Also expands CalEPA's Advisory
Committee on Environmental Justice from a (13) member
committee to a (17) seventeen member committee including
representatives from a federally recognized tribe (1),
environmental justice organizations (2), and a small
business (1).
AB 1497 (Montanez), Chapter 823, Statutes 2003, requires an
enforcement agency to submit its proposed determination
regarding whether a change to the solid waste facility will
be approved to the California Integrated Waste Management
Board for comment, and to hold at least one public hearing
on the proposed determination, in accordance with specified
notice requirements including the consideration of
environmental justice issues when preparing and distributing
the notice to ensure that the notice is concise and
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understandable for limited-English-speaking populations. In
addition, while formulating and adopting regulations
pursuant to paragraph (1) of Public Resources Code section
44004, subdivision (i), the Board shall consider
recommendations of the Working Group on Environmental
Justice and the advisory group made pursuant to Public
Resources Code sections 71113 and 71114 and the report
required pursuant to Public Resources Code Section 71115.
AB 1360 (Steinberg), Chapter 664, Statutes of 2004, requires
the Office of Environmental Health Hazard Assessment
(OEHHA), on behalf of the office of the Secretary for
Environmental Protection, beginning on July 1, 2004, and, to
the extent that funds are appropriated by the Legislature,
to develop and maintain a system of environmental indicators
that meets specified objectives including providing
policymakers and the public with (1) an improved
understanding of the condition of the state's environment
and the effects of the release of contaminants on public
health and the environment; and, (2) information to evaluate
the effectiveness of the agency's programs in improving
environmental quality and protecting public health
throughout the state, including environmental quality and
public health in low-income communities and communities of
color. The bill explicitly defines the term "environmental
indicator." The bill also requires the Secretary of the
CalEPA to (1) periodically assess the ability of the
environmental indicators system to meet each of those
objectives and the ability of the system to support the
development and implementation of the agency-wide
environmental justice strategy; and, (2) submit a report on
those environmental indicators to the Governor and the
Legislature on or before January 1, 2006, and by January 1
every two years thereafter.
SB 535 (De León), Chapter 830, Statutes of 2012, requires
CalEPA to identify disadvantaged communities for investment
opportunities, as specified. The bill requires the
Department of Finance (DOF), when developing a specified
3-year investment plan, to allocate 25% of the available
moneys in the Greenhouse Gas Reduction Fund to projects that
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provide benefits to disadvantaged communities, as specified,
and to allocate a minimum of 10% of the available moneys in
the Greenhouse Gas Reduction Fund to projects located within
disadvantaged communities, as specified. DOF is required,
when developing funding guidelines, to include guidelines
for how administering agencies should maximize benefits for
disadvantaged communities. Administering agencies must
report to the DOF, and the DOF must include in a specified
report to the Legislature, a description of how
administering agencies have fulfilled specified requirements
relating to projects providing benefits to, or located in,
disadvantaged communities.
SOURCE : Center on Race, Poverty & the Environment
SUPPORT : (On previous version of the bill)
Asemblea de Poder Popular de Gonzales
Asian Pacific Environmental Network
BlueGreen Alliance
Breast Cancer Action
Breast Cancer Fund
California Civil Rights Coalition
California Coastal Protection Network
California Environmental Justice Alliance
California Rural Legal Assistance Foundation
CCoMPRESS
Center for Biological Diversity
Center for Community Action and Environmental
Justice
Central California Environmental Justice
Network
Central Valley Air Quality Coalition
CHANGE Coalition
Clean Water Action
Comite Civico Del Valle
Committee for a Better Arvin
Committee for a Better Arvin
Committee for a Better Shafter
Communications Workers of America (IUE-CWA)
Communities Against a Radioactive Environment
Communities for a Better Environment
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Concerned Community Members & Parents of
Redwood Elementary School
Consumer Watchdog
El Pueblo para el Aire y Agua Limpio
Environmental Defense Fund
Environmental Health Coalition
Environmental Health Coalition (EHC)
Equal Justice Society
Fresno Metro Ministry
Friends of the Northern San Jacinto Valley
Global Community Monitor
Grayson Neighborhood Council
Greenaction for Health & Environmental Justice
Greenfield Walking Group
Mentone Area Community Association
Natural Resources Defense Council
Numerous Individual Letters
Physicians for Social Responsibility Los
Angeles
Planning and Conservation League
PODER
Public Advocates
Silicon Valley Toxics Coalition
Students for Economic and Environmental Justice
The Family Treehouse
Tri-Valley Communities Against a Radioactive
Environment
UC Berkeley School of Law Student Group
Valley Improvement Projects
West Berkeley Alliance for Clean Air and Safe
Jobs
West County Toxics Coalition
Western Center on Law & Poverty
Wild Equity Institute
Youth United for Community Action
OPPOSITION : None on file