BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 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  
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          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  







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             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  







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          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

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