BILL ANALYSIS �
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
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|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 |
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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
FN: 0002283