BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 483| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 483 Author: Jackson (D) Amended: 9/4/13 Vote: 21 SENATE ENVIRONMENTAL QUALITY COMMITTEE : 9-0, 4/3/13 AYES: Hill, Gaines, Calderon, Corbett, Fuller, Hancock, Jackson, Leno, Pavley SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 37-0, 5/28/13 AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters, Wolk, Wright, Wyland NO VOTE RECORDED: Calderon, Yee, Vacancy ASSEMBLY FLOOR : Not available SUBJECT : Hazardous materials: business and area plans SOURCE : California Association of Environmental Health Administrators California Fire Chiefs Association DIGEST : This bill revises and recasts the area and business plan requirements in existing law, which authorizes a unified CONTINUED SB 483 Page 2 program agency (UPA) to implement and enforce specified provisions. Assembly Amendments revise and recast the bill with similar intent as it left the Senate; add double-jointing language with AB 1317 (Fraser); and delete obsolete provisions and make general confirming changes. ANALYSIS : Existing law: 1. Requires the Secretary of the Environmental Protection Agency (Cal/EPA) to adopt regulations and implement a unified hazardous waste and hazardous materials management regulatory program. 2. Establishes the respective responsibilities of UPAs, designated to implement that unified program, locally, and requires the Secretary to establish a statewide information management system for purposes of receiving data collected by UPAs. 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 UPA 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. This bill: 1. Requires the inspection program that is part of the unified SB 483 Page 3 program to include the onsite inspection of businesses and deletes the requirement to institute a data management system. Requires the UPA 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. 4. Is double-jointing with AB1317 (Fraser) of the current legislative session. Background Certified Unified Program Agencies (CUPA). The Secretary has established a "unified hazardous waste and hazardous materials management" regulatory program (Unified Program). Currently, there are 83 CUPA in California. The Unified Program consolidates, coordinates the following six existing programs: 1. Hazardous Materials Release Response Plans and Inventories (Business Plans). 2. California Accidental Release Prevention Program. 3. Underground Storage Tank Program. 4. Aboveground Petroleum Storage Act. 5. Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs. 6. California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements. Electronic reporting and CERS . All regulated businesses and local governments are required to submit their regulatory reports electronically by 2013. Regulated businesses can report SB 483 Page 4 using Cal/EPA's CERS or directly to their local regulatory agency. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 9/6/13) California Association of Environmental Health Administrators (co-source) California Fire Chiefs Association (co-source) California Council for Environmental and Economic Balance California Professional Firefighters Contra Costa County Board of Supervisors Humboldt County Department of Health and Human Services ARGUMENTS IN SUPPORT : The California Association of Environmental Health Administrators states, this bill is intended to correct and revise redundant provisions of this chapter which deals with the hazardous materials management regulatory program. Specifically this bill (1) updates fire code section citations; (2) changes the term "administering agency" to "unified program agency"; (3) updates references to CERS; (4) requires CUPAs to provide access to data in a mutually agreeable format and timeframe; and (5) requires training documentation; make site plans mandatory; and remove various outdated provisions. These changes to current code have been proposed by a working group of CUPAs as part of an ongoing effort to enhance program compliance but eliminating outdated provisions, and regulatory duplication, redundancies and inconsistencies in the Unified Program laws and regulations. RM:k 9/6/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** SB 483 Page 5