BILL ANALYSIS Ó SB 483 Page 1 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 SB 483 Page 2 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 SB 483 Page 3 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: SB 483 Page 4 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)). SB 483 Page 5 Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916) 319-3965 FN: 0001749