BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 483
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          SENATE THIRD READING
          SB 483 (Jackson)
          As Amended  August 7, 2013
          Majority vote 

           SENATE VOTE  :37-0  
           
           ENVIRONMENTAL SAFETY          6-0                    
          APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Alejo, Dahle, Bloom,      |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Lowenthal, Stone, Ting    |     |Bocanegra, Bradford, Ian  |
          |     |                          |     |Calderon, Campos,         |
          |     |                          |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Hall, Holden, Linder,     |
          |     |                          |     |Pan, Quirk, Wagner, Weber |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Revises and recasts the area and business plan  
          requirements regarding unified program agencies (UPA).   
          Specifically,  this bill  :

             1)   Requires the inspection program that is part of the  
               unified program to include the onsite inspection of  
               businesses and would delete the requirement to institute a  
               data management system.  The bill requires the unified  
               program agency to provide to agencies that have certain  
               shared responsibilities access to information collected in  
               the statewide information management system and requires  
               handlers to submit certain information to that system.



             2)   Requires that business plan information be submitted in  
               an electronic format to the California Environmental  
               Reporting System (CERS).



             3)   Extends the sunset date from 2010 to January 2015 for  
               the exemption from the Toxics in Packaging Prevention Act  
               (TPPA) for regulated metals that are the result of  
               unintended contamination from the use of recycled packaging  








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               material.





             4)   Deletes obsolete provisions and makes general conforming  
               changes.


           EXISTING LAW  :

          1)Requires the Secretary of the California Environmental  
            Protection Agency (CalEPA) to adopt regulations and implement  
            a unified hazardous waste and hazardous materials management  
            regulatory program.



             2)   Establishes the respective responsibilities of unified  
               program agencies, designated to implement that unified  
               program, locally, and requires the Secretary of CalEPA to  
               establish a statewide information management system for  
               purposes of receiving data collected by unified program  
               agencies.





             3)   Establishes the responsibility of a local administering  
               agency authorized to implement and enforce provisions that  
               require a) the administering agency to establish area plans  
               for emergency response to a release or threatened release  
               of a hazardous material and b) a business that handles a  
               hazardous material to establish and implement a business  
               plan for such a response.  Existing law authorizes a  
               unified program agency to implement and enforce these  
               provisions as an administering agency.



             4)   Specifies the contents of the business plan required of  
               the hazardous materials handler and requires the plan to be  








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               submitted to the administering agency.  Existing law  
               requires the administering agency to submit to the Office  
               of Emergency Services, the area plan, a plan to conduct  
               onsite inspection, and a plan to institute a data  
               management system.  A violation of the business plan  
               requirements is a misdemeanor.


          5)Prohibits, with exceptions, a manufacturer, supplier or person  
            from offering for sale or for promotional purposes a package  
            or packaging component that includes an intentionally  
            introduced regulated metal or in which the sum of the  
            incidental total concentration levels of the regulated metals  
            exceeds 100 parts per million by weight.

          6)Exempts, until January 1, 2010, package and packaging  
            components from having to comply with the prohibition if the  
            manufacturer or supplier complies with specified documentation  
            requirements and the package or packaging component meets  
            specified conditions.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor, absorbable costs to the Department of Toxic  
          Substance Control (DTSC) and CalEPA.

           COMMENTS  :

           1)Need for the bill  .  According to the author, "SB 483 is a  
            technical bill that updates, rearranges, and clarifies Health  
            and Safety Code Chapter 6.95, Article 1, Section 25500 et seq.  
             The purpose of the bill is to modernize the provisions of  
            this section, which addresses the unified hazardous and  
            hazardous materials management regulatory program.  These  
            changes will ensure that the program functions more  
            efficiently and effectively by reducing redundancies and  
            inconsistencies in the law."
           
          2)Certified Unified Program Agencies  .   The Secretary of CalEPA  
            has established a "unified hazardous waste and hazardous  
            materials management" regulatory program (Unified Program).   
            Currently, there are 83 Certified Unified Program Agencies  
            (CUPA) in California.  The Unified Program consolidates,  
            coordinates the following six existing programs:









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             a)   Hazardous Materials Release Response Plans and  
               Inventories (Business Plans),

             b)   California Accidental Release Prevention (CalARP)  
               Program,

             c)   Underground Storage Tank Program,

             d)   Aboveground Petroleum Storage Act,

             e)   Hazardous Waste Generator and Onsite Hazardous Waste  
               Treatment Programs,

             f)   California Uniform Fire Code:  Hazardous Material  
               Management Plans and Hazardous Material Inventory  
               Statements.

           3)Electronic Reporting and CERS  .  All regulated businesses and  
            local governments are required to submit their regulatory  
            reports electronically by 2013.  Regulated businesses can  
            report using CalEPA's California Environmental Reporting  
            System (CERS) or directly to their local regulatory agency.

           4)Toxics in Packaging Prevention Act  :  The Toxics in Packaging  
            Prevention Act (TPPA) targets four heavy metals, lead,  
            mercury, cadmium and hexavalent chromium--all of which present  
            serious health risks.  TPPA prohibits, with some exceptions,  
            the sale of any package or packaging component, or any product  
            in a package, that includes:  a) any amount of intentionally  
            introduced lead, mercury, cadmium, or hexavalent chromium  
            (referred to as "regulated metals"); or b) more than 100 parts  
            per million of these metals incidentally present in the  
            package or packaging component.

            Exemptions are allowed, but must be approved by DTSC. On  
            January 1, 2010, the exemption for recycled materials in  
            packaging expired.  The previous exemption applied to the  
            package or packaging component containing no intentionally  
            introduced regulated metals, but exceeds the applicable  
            maximum concentration level only because of the addition of a  
            recycled material.  (Health and Safety Code Section 25214.14  
            (c)(1)).










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           Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916)  
          319-3965 


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