BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 483
                                                                  Page 1

          SENATE THIRD READING
          SB 483 (Jackson)
          As Amended  September 4, 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 hazardous waste and hazardous  
          materials 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)   Deletes obsolete provisions and makes general conforming  
               changes.










                                                                  SB 483
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             4)   Is double-jointing with AB1317 (Fraser) of the current  
               legislative session.


           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  
               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.








                                                                  SB 483
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           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           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:

             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 CERS or directly to their local  
            regulatory agency.








                                                                  SB 483
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           Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916)  
          319-3965 

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