Senate Bill No. 1261

Introduced by Senator Jackson

February 21, 2014

An act to amend Sections 25404.5, 25501, 25502, 25503, 25504, 25505, 25507, 25507.1, 25507.2, 25508, 25508.1, 25508.2, 25509, 25510, 25510.3, 25511, 25512, and 25515.5 of, and to repeal and add Section 25506 of, the Health and Safety Code, relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

SB 1261, as introduced, Jackson. Hazardous materials: business plans.

(1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, including a statewide information management system for purposes of receiving data collected by unified program agencies. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program and be certified as a certified unified program agency (CUPA), and every county is required to apply to the secretary to be certified to implement the unified program. Existing law also requires each certified unified program agency to institute a single fee system, which is required to include a surcharge on each person regulated by the unified program, the amount of which is determined by the secretary annually, to cover the necessary and reasonable costs of the state agencies in carrying out their responsibilities in the unified hazardous waste and hazardous materials management regulatory program.

This bill would require the secretary, on and after January 1, 2015, until January 1, 2018, to increase this surcharge by the amount that the secretary determines necessary to establish an emergency business plan and inventory system for the purpose of sharing information from the statewide information management system with emergency response personnel for use during emergency incidents, which the secretary and office would be required to develop. The bill would prohibit the increase in the oversight surcharge from exceeding $15 in any one year over that 3-year period.

(2) Existing law requires the unified program agency to implement and enforce provisions that require a business that handles a hazardous material to establish and implement a business plan, including an inventory of specified information for response to a release or threatened release of a hazardous material. The annual inventory submittal is required to contain information on specified hazardous materials that are handled in quantities equal to or greater than certain quantities or as established by the governing body of the unified program agency by a local ordinance. A violation of the business plan requirements is a misdemeanor.

This bill would instead require the secretary, in coordination with the office, to specify the hazardous materials inventory required to be submitted by handlers, including the data to be collected and submitted for hazardous materials. The bill would revise the information required to be included in the business plan.

(3) Existing law requires a unified program agency to exempt a business operating an unstaffed remote facility located in an isolated sparsely populated area from specified business plan requirements. Existing law allows a unified program agency to require an unstaffed remote facility to submit a hazardous materials business plan and inventory in accordance with requirements if the agency makes specified findings.

This bill would instead require the unified program agency to exempt from specified requirements an unstaffed facility located at least one-half mile from the nearest occupied structure, unless required by a local ordinance. The bill would require the facility to make a one-time business plan submittal that would not be required to include specified elements of the plan and would repeal the authorization for the unified program agency to require an unstaffed remote facility to submit a plan and inventory.

(4) Existing law requires a handler to electronically submit its business plan to the statewide information management system, to renew the plan at least once every 3 years to determine if a revision is needed, and to certify to the unified program agency that the review was made and that any necessary changes were made to the plan. A handler is also required to annually review the business plan information and resubmit or certify as correct the inventory information in the statewide environmental reporting system.

This bill would instead require the handler to submit the business plan annually to that system, and would instead require a business to at least annually review and verify that the business plan information in the statewide information management system meets specified requirements.

(5) Existing law requires the unified program agency to make the data elements and documents submitted by businesses available to the public in a specified manner.

This bill would instead require the unified program agency to make the information in the statewide information management system available to the public.

(6) Existing law requires the immediate report of any release or threatened release of a hazardous material to the unified program agency, and to the office, in accordance with the regulations adopted by the office.

This bill would require the office to adopt regulations by January 1, 2016, to implement these requirements.

(7) Existing law requires a business that believes that the inventory involves the release of a trade secret, to provide this information to the unified program agency, and notify the unified program agency in writing of that belief on the inventory form. Upon receiving a request for the public release of information that the business has notified the unified program agency is a trade secret, the unified program agency is required to follow a specified procedure.

This bill would instead require a business that believes the inventory involves the release of a trade secret to instead comply with the regulations that the bill would require the office to adopt by January 1, 2016, with regard to the designation of trade secrets.

(8) The bill would impose a state-mandated local program by imposing new duties upon unified program agencies and by creating new crimes with regard to the submission of business plans.

(9)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25404.5 of the Health and Safety Code
is amended to read:

25404.5.  

(a) (1) Each certified unified program agency shall
institute a single fee system, which shall replace the fees levied
pursuant to Sections 25201.14 and 25205.14, except for
transportable treatment units permitted under Section 25200.2,
and which shall also replace any fees levied by a local agency
pursuant to Sections 25143.10, 25287, 25513, and 25535.5, or any
other fee levied by a local agency specifically to fund the
implementation of the provisions specified in subdivision (c) of
Section 25404. The single fee system shall additionally include
the fee established pursuant to Section 25270.6. Notwithstanding
Sections 25143.10, 25201.14, 25287, 25513, and 25535.5, a person
who complies with the certified unified program agency’s “single
fee system” fee shall not be required to pay any fee levied pursuant
to those sections, except for transportable treatment units permitted
under Section 25200.2.

(2) (A) The governing body of the local certified unified
program agency shall establish the amount to be paid by each
person regulated by the unified program under the single fee system
at a level sufficient to pay the necessary and reasonable costs
incurred by the certified unified program agency and by any
participating agency pursuant to the requirements of subparagraph
(E) of paragraph (1) of subdivision (d) of Section 25404.3.

(B) The secretary shall establish the amount to be paid when
the unified program agency is a state agency.

(3) The fee system may also be designed to recover the
necessary and reasonable costs incurred by the certified unified
program agency, or a participating agency pursuant to the
requirements of subparagraph (E) of paragraph (1) of subdivision
(d) of Section 25404.3, in administering provisions other than
those specified in subdivision (c) of Section 25404, if the
implementation and enforcement of those provisions has been
incorporated as part of the unified program by the certified unified
program agency pursuant to subdivision begin delete (b) end delete begin insert (d) end insert of Section 25404.2,
and if the single fee system replaces any fees levied as of January
1, 1994, to fund the implementation of those additional provisions.

(4) The amount to be paid by a person regulated by the unified
program may be adjusted to account for the differing costs of
administering the unified program with respect to that person’s
regulated activities.

(b) (1) begin insert   end insert begin insert (A) end insert  Except as provided in subdivision (d), the single
fee system instituted by each certified unified program agency
shall include an assessment on each person regulated by the unified
program of a surcharge, the amount of which shall be determined
by the secretary annually, to cover the necessary and reasonable
costs of the state agencies in carrying out their responsibilities
under this chapter. The secretary may adjust the amount of the
surcharge to be collected by different certified unified program
agencies to reflect the different costs incurred by the state agencies
in supervising the implementation of the unified program in
different jurisdictions, and in supervising the implementation of
the unified program in those jurisdictions for which the secretary
has waived the assessment of the surcharge pursuant to subdivision
(d). The certified unified program agency may itemize the amount
of the surcharge on any bill, invoice, or return that the agency
sends to a person regulated by the unified program. Each certified
unified program agency shall transmit all surcharge revenues
collected to the secretary on a quarterly basis. The surcharge shall
be deposited in the Unified Program Account, which is hereby
created in the General Fund and which may be expended, upon
appropriation by the Legislature, by state agencies for the purposes
of implementing this chapter.

begin insert

(B) On and after January 1, 2015, until January 1, 2018, the
secretary shall increase the surcharge imposed pursuant to this
subdivision by the amount that the secretary determines necessary
to meet the requirements imposed by subdivision (c) of Section
25504. The increase in the oversight surcharge shall not exceed
fifteen dollars ($15) in any one year over that three-year period
beginning January 2015. The secretary shall thereafter maintain
the emergency business plan and inventory system for emergency
response personnel, using the surcharge the secretary is authorized
to impose pursuant to this section.

end insert

(2) On or before January 10, 2001, the secretary shall report to
the Legislature on whether the number of persons subject to
regulation by the unified program in any county is insufficient to
support the reasonable and necessary cost of operating the unified
program using only the revenues from the fee. The secretary’s
report shall consider whether the surcharge required by subdivision
(a) should include an assessment to be used to supplement the
funding of unified program agencies that have a limited number
of entities regulated under the unified program.

(c) Each certified unified program agency and the secretary
shall, before the institution of the single fee system and the
assessment of the surcharge, implement a fee accountability
program designed to encourage more efficient and cost-effective
operation of the program for which the single fee and surcharge
are assessed. The fee accountability programs shall include those
elements of the requirements of the plan adopted pursuant to former
Section 25206, as it read on January 1, 1995, that the secretary
determines are appropriate.

(d) The secretary may waive the requirement for a county to
assess a surcharge pursuant to subdivision (b), if both of the
following conditions apply:

(1) The county meets all of the following conditions:

(A) The county submits an application to the secretary for
certification on or before January 1, 1996, that incorporates all of
the requirements of this chapter, and includes the county’s request
for a waiver of the surcharge, and contains documentation that
demonstrates, to the satisfaction of the secretary, both of the
following:

(i) That the assessment of the surcharge will impose a significant
economic burden on most businesses within the county.

(ii) That the combined dollar amount of the surcharge and the
single fee system to be assessed by the county pursuant to
subdivision (a) exceeds the combined dollar amount of all existing
fees that are replaced by the single fee system for most businesses
within the county.

(B) The application for certification, including the information
required by subparagraph (A), is determined by the secretary to
be complete, on or before April 30, 1996. The secretary, for good
cause, may grant an extension of that deadline of up to 90 days.

(C) The county is certified by the secretary on or before
December 31, 1996.

(D) On or before January 1, 1994, the county completed the
consolidation of the administration of the hazardous waste
generator program, the hazardous materials release response plans
and inventories program, and the underground storage tank
program, referenced in paragraphs (1), (3), and (4) of subdivision
(c) of Section 25404, into a single program within the county’s
jurisdiction.

(E) The county demonstrates that it will consolidate the
administration of all programs specified in subdivision (c) of
Section 25404, and that it will also consolidate the administration
of at least one additional program that regulates hazardous waste,
hazardous substances, or hazardous materials, as specified in
subdivision (d) of Section 25404.2, other than the programs
specified in subdivision (c) of Section 25404, into a single program
to be administered by a single agency in the county’s jurisdiction
at the time that the county’s certification by the secretary becomes
effective.

(2) The secretary makes all of the following findings:

(A) The county meets all of the criteria specified in paragraph
(1).

(B) The assessment of the surcharge would impose a significant
economic burden on most businesses within the county.

(C) The combined dollar amount of the surcharge and the single
fee system to be assessed by the county pursuant to subdivision
(a) would exceed the combined dollar amount of all existing fees
that are replaced by the single fee system for most businesses
within the county.

(D) The waiver of the surcharge for those counties applying for
and qualifying for a waiver, and the resulting increase in the
surcharge for other counties, would not, when considered
cumulatively, impose a significant economic burden on businesses
in any other county that does not apply for, or does not meet the
criteria for, a waiver of the surcharge.

(e) The secretary shall review all of the requests for a waiver
of the surcharge made pursuant to subdivision (d) simultaneously,
so as to adequately assess the cumulative impact of granting the
requested waivers on businesses in those counties that have not
applied, or do not qualify, for a waiver, and shall grant or deny all
requests for a waiver of the surcharge within 30 days from the date
that the secretary certifies all counties applying, and qualifying,
for a waiver. If the secretary finds that the grant of a waiver of the
surcharge for all counties applying and qualifying for the waiver
will impose a significant economic burden on businesses in one
or more other counties, the secretary shall take either of the
following actions:

(1) Deny all of the applications for a waiver of the surcharge.

(2) Approve only a portion of the waiver requests for counties
meeting the criteria set forth in subdivision (d), to the extent that
the approved waivers, when taken as a whole, meet the condition
specified in subparagraph (D) of paragraph (2) of subdivision (d).
In determining which of the counties’ waiver requests to grant,
the secretary shall consider all of the following factors:

(A) The relative degree to which the assessment of the surcharge
will impose a significant economic burden on most businesses
within each county applying and qualifying for a waiver.

(B) The relative degree to which the combined dollar amount
of the surcharge and the single fee system to be assessed, pursuant
to subdivision (a), by each county applying and qualifying for a
waiver exceeds the combined dollar amount of all existing fees
that are replaced by the single fee system for most businesses
within the county.

(C) The relative extent to which each county applying and
qualifying for a waiver has incorporated, or will incorporate, upon
certification, additional programs pursuant to subdivision (d) of
Section 25404.2, into the unified program within the county’s
jurisdiction.

(f) The secretary may, at any time, terminate a county’s waiver
of the surcharge granted pursuant to subdivisions (d) and (e) if the
secretary determines that the criteria specified in subdivision (d)
for the grant of a waiver are no longer met.

SEC. 2.  

Section 25501 of the Health and Safety Code is
amended to read:

25501.  

Unless the context indicates otherwise, the following
definitions govern the construction of this article:

(a) “Agricultural handler” means a business operating a farm
that is subject to the exemption specified in Section 25507.1.

(b) “Area plan” means a plan established pursuant to Section
25503 by a unified program agency for emergency response to a
release or threatened release of a hazardous material within a city
or county.

(c) “Business” means all of the following:

(1) An employer, self-employed individual, trust, firm, joint
stock company, corporation, partnership, begin delete or association. end delete begin insert limited
liability partnership or company, or other business entity. end insert

(2) A business organized for profit and a nonprofit business.

(3) The federal government, to the extent authorized by law.

(4) An agency, department, office, board, commission, or bureau
of state government, including, but not limited to, the campuses
of the California Community Colleges, the California State
University, and the University of California.

(5) An agency, department, office, board, commission, or bureau
of a city, county, or district.

begin insert (6) end insert begin insert   end insert begin insert A handler that operates a unified program facility. end insert

(d) “Business plan” means a separate plan for each begin insert unified
program end insert facility, site, or branch of a business that meets the
requirements of Section 25505.

(e) (1) “Certified unified program agency” or “CUPA” means
the agency certified by the secretary to implement the unified
program specified in Chapter 6.11 (commencing with Section
25404) within a jurisdiction.

(2) “Participating agency” or “PA” means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement
or enforce one or more of the unified program elements specified
in paragraphs (4) and (5) of subdivision (c) of Section 25404, in
accordance with Sections 25404.1 and 25404.2.

(3) “Unified program agency” or “UPA” means the CUPA, or
its participating agencies to the extent each PA has been designated
by the CUPA, pursuant to a written agreement, to implement or
enforce a particular unified program element specified in
paragraphs (4) and (5) of subdivision (c) of Section 25404. For
purposes of this article and Article 2 (commencing with Section
25531), the UPAs have the responsibility and authority, to the
extent provided by this article and Article 2 (commencing with
Section 25531) and Sections 25404.1 and 25404.2, to implement
and enforce only those requirements of this article and Article 2
(commencing with Section 25531) listed in paragraphs (4) and (5)
of subdivision (c) of Section 25404.

(4) The UPAs also have the responsibility and authority, to the
extent provided by this article and Article 2 (commencing with
Section 25531) and Sections 25404.1 and 25404.2, to implement
and enforce the regulations adopted to implement the requirements
of this article and Article 2 (commencing with Section 25531)
listed in paragraphs (4) and (5) of subdivision (c) of Section 25404.
After a CUPA has been certified by the secretary, the unified
program agencies shall be the only local agencies authorized to
enforce the requirements of this article and Article 2 (commencing
with Section 25531) listed in paragraphs (4) and (5) of subdivision
(c) of Section 25404 within the jurisdiction of the CUPA.

(f) “City” includes any city and county.

(g) “Chemical name” means the scientific designation of a
substance in accordance with the nomenclature system developed
by the International Union of Pure and Applied Chemistry or the
system developed by the Chemical Abstracts Service.

(h) “Common name” means any designation or identification,
such as a code name, code number, trade name, or brand name,
used to identify a substance by other than its chemical name.

(i) “Compressed gas” means a material, or mixture of materials,
that meets either of the following:

(1) The definition of compressed gas or cryogenic fluid found
in the California Fire Code.

(2) Compressed gas that is regulated pursuant to Part 1
(commencing with Section 6300) of Division 5 of the Labor Code.

(j) “Emergency begin delete rescue end delete begin insert response end insert personnel” means a public
employee, including, but not limited to, a firefighter or emergency
rescue personnel, as defined in Section 245.1 of the Penal Code,
or personnel of a local emergency medical services (EMS) agency,
as designated pursuant to Section 1797.200 begin delete , or a poison control
center, as defined by Section 1797.97, who responds to any
condition caused, in whole or in part, by a hazardous material that
jeopardizes, or could jeopardize, public health or safety or the
environment. end delete begin insert who are responsible for response, mitigation, or
recovery activities in a medical disaster, fire, hazardous material
disaster, or natural disaster where public health, public safety, or
the environment may be impacted. end insert

(k) “Handle” means all of the following:

(1) (A) To use, generate, process, produce, package, treat, store,
emit, discharge, or dispose of a hazardous material in any fashion.

(B) For purposes of subparagraph (A), “store” does not include
the storage of hazardous materials incidental to transportation, as
defined in Title 49 of the Code of Federal Regulations, with regard
to the inventory requirements of Section 25506.

(2) (A) The use or potential for use of a quantity of hazardous
material by the connection of a marine vessel, tank vehicle, tank
car, or container to a system or process for any purpose.

(B) For purposes of subparagraph (A), the use or potential use
does not include the immediate transfer to or from an approved
atmospheric tank or approved portable tank that is regulated as
loading or unloading incidental to transportation by Title 49 of the
Code of Federal Regulations.

(l) “Handler” means a business that handles a hazardous
material.

(m)  begin insert (1) end insert begin insert   end insert “Hazardous material” means a material begin insert listed in
paragraph (2) end insert that, because of its quantity, concentration, or
physical or chemical characteristics, poses a significant present or
potential hazard to human health and safety or to the environment
if released into the workplace or the environment. begin delete “Hazardous
materials” include, but are not limited to, hazardous substances,
hazardous waste, and any material that a handler or the unified
program agency has a reasonable basis for believing that it would
be injurious to the health and safety of persons or harmful to the
environment if released into the workplace or the environment. end delete

begin delete

(n) “Hazardous substance” means any substance or chemical
product for which one of the following applies:

end delete begin insert

(2) Hazardous materials include all of the following:

end insert begin delete

(1) The

end delete

begin insert (A) end insert begin insert   end insert begin insert A substance for which the end insert manufacturer or producer is
required to prepare a material safety data sheet (MSDS) for the
substance or product pursuant to the Hazardous Substances
Information and Training Act (Chapter 2.5 (commencing with
Section 6360) of Part 1 of Division 5 of the Labor Code) or
pursuant to any applicable federal law or regulation.

begin delete

(2)

end delete

begin insert ( end insert begin insert B) end insert  The substance is listed as a radioactive material in Appendix
B of Chapter 1 (commencing with Section 10.1) of Title 10 of the
Code of Federal Regulations, maintained and updated by the
Nuclear Regulatory Commission.

begin delete

(3) Hazardous materials or substances

end delete

begin insert (C) end insert begin insert   end insert begin insert A substance listed end insert begin delete in Part 172 (commencing with Section
172.1) and Part 173 (commencing with Section 173.1) of
Subchapter C of Chapter I of Subtitle B of end delete begin insert pursuant to end insert Title 49 of
the Code of Federal Regulations.

begin delete

(4) The materials in the listings specified in subdivision (b) of
Section 6382 of the Labor Code.

end delete begin insert

(D) A substance listed in Section 339 of Title 8 of the California
Code of Regulations.

end insert begin delete

(o) “Hazardous waste” means

end delete

begin insert (E) end insert begin insert   end insert begin insert A material listed as a end insert hazardous waste, as defined by
Sections begin delete 25115 and 25117 and by subdivision (g) of Section end delete begin insert 25115,
25117, and end insert 25316.

begin delete

(p)

end delete

begin insert (n) end insert  “Office” means the Office of Emergency Services.

begin delete

(q)

end delete

begin insert (o) end insert  “Release” means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, unless permitted or
authorized by a regulatory agency.

begin delete

(r)

end delete

begin insert ( end insert begin insert p) end insert  “Secretary” means the Secretary for Environmental
Protection.

begin delete

(s) “SIC or NAICS Code” means the identification number
assigned by the Standard Industrial Classification Code or the
North American Industry Classification System, as applicable, to
specific types of businesses.

end delete begin delete

(t)

end delete

begin insert ( end insert begin insert q) end insert  “Statewide information management system” means the
statewide information management system established pursuant
to subdivision (e) of Section 25404 that provides for the
combination of state and local information management systems
for the purposes of managing unified program data.

begin delete

(u)

end delete

begin insert ( end insert begin insert r) end insert  “Threatened release” means a condition, circumstance, or
incident making it necessary to take immediate action to prevent,
reduce, or mitigate a release with the potential to cause damage
or harm to persons, property, or the environment.

begin delete

(v)

end delete

begin insert (s) end insert  “Trade secret” means trade secrets as defined in either
subdivision (d) of Section 6254.7 of the Government Code or
Section 1061 of the Evidence Code.

begin delete

(w)

end delete

begin insert ( end insert begin insert t) end insert  “Unified program facility” means all contiguous land and
structures, other appurtenances, and improvements on the land
that are subject to the requirements of paragraphs (4) and (5) of
subdivision (c) of Section 25404. begin insert For purposes of this article,
“facility” has the same meaning as unified program facility. end insert

SEC. 3.  

Section 25502 of the Health and Safety Code is
amended to read:

25502.  

(a) This article and Article 3 (commencing with Section
25545), as it pertains to the handling of hazardous material, and
Article 2 (commencing with Section 25531), as it pertains to the
regulation of stationary sources, shall be implemented by one of
the following:

(1) If there is a CUPA, the unified program agency.

(2) If there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.

(b) The agency responsible for implementing this article, Article
2 (commencing with Section 25531), and Article 3 (commencing
with Section 25545) shall ensure full access to, and the availability
of, information submitted under this chapter to emergency begin delete rescue end delete
begin insert response end insert personnel and other appropriate governmental entities
within its jurisdiction.

SEC. 4.  

Section 25503 of the Health and Safety Code is
amended to read:

25503.  

(a) The office shall adopt, after public hearing and
consultation with the Office of the State Fire Marshal and other
appropriate public entities, regulations for minimum standards for
business plans and area plans. All business plans and area plans
shall meet the standards adopted by the office.

(b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:

(1) Set forth minimum requirements of adequacy, and not
preclude the imposition of additional or more stringent
requirements by local government.

(2) Take into consideration and adjust for the size and nature
of the business, the proximity of the business to residential areas
and other populations, and the nature of the damage potential of
its hazardous materials in establishing standards for paragraphs
(3) and (4) of subdivision (a) of Section 25505.

(3) Take into account the existence of local area and business
plans that meet the requirements of this article so as to minimize
the duplication of local efforts, consistent with the objectives of
this article.

(4) Define what releases and threatened releases are required
to be reported pursuant to Section 25510. The office shall consider
the existing federal reporting requirements in determining a
definition of reporting releases pursuant to Section 25510.

(c) A unified program agency shall, in consultation with local
emergency response agencies, establish an area plan for emergency
response to a release or threatened release of a hazardous material
within its jurisdiction. An area plan is not a statute, ordinance, or
regulation for purposes of Section 669 of the Evidence Code. The
standards for area plans in the regulations adopted pursuant to
subdivision (a) shall provide for all of the following:

(1) Procedures and protocols for emergency begin delete rescue end delete begin insert response end insert
personnel, including the safety and health of those personnel.

(2) Preemergency planning.

(3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special districts.

(4) Training of appropriate employees.

(5) Onsite public safety and information.

(6) Required supplies and equipment.

(7) Access to emergency response contractors and hazardous
waste disposal sites.

(8) Incident critique and followup.

(9) Requirements for notification to the office of reports made
pursuant to Section 25510.

(d) (1) The unified program agency shall submit to the office
for its review a copy of the proposed area plan within 180 days
after adoption of regulations by the office. The office shall notify
the unified program agency as to whether the area plan is adequate
and meets the area plan standards. The unified program agency
shall submit a corrected area plan within 45 days of this notice.

(2) The unified program agency shall certify to the office every
three years that it has conducted a complete review of its area plan
and has made any necessary revisions. If a unified program agency
makes a substantial change to its area plan, it shall forward the
changes to the office within 14 days after the changes have been
made.

(e) The inspection and enforcement program established
pursuant to paragraphs (2) and (3) of subdivision (a) of Section
25404.2, shall include the basic provisions of a plan to conduct
onsite inspections of businesses subject to this article by the unified
program agency. These inspections shall ensure compliance with
this article and shall identify existing safety hazards that could
cause or contribute to a release and, where appropriate, enforce
any applicable laws and suggest preventative measures designed
to minimize the risk of the release of hazardous material into the
workplace or environment. The requirements of this paragraph do
not alter or affect the immunity provided to a public entity pursuant
to Section 818.6 of the Government Code.

SEC. 5.  

Section 25504 of the Health and Safety Code is
amended to read:

25504.  

(a) The Legislature hereby finds and declares that
persons attempting to do business in this state are increasingly
experiencing excessive and duplicative regulatory requirements
at different levels of government.

(b) To streamline and ease the regulatory burdens of doing
business in this state, compliance with Section 25505 shall also
suffice to meet the requirements for a Hazardous Materials
Management Plan and the Hazardous Materials Inventory
Statement as set forth in the California Fire Code and its
appendices, to the extent that the information in the California Fire
Code is contained in Section 25505.

(c) The unified program agency shall provide access to the
information collected in the statewide information management
system begin delete to those agencies with shared responsibilities for the
protection of the public health and safety and the environment. end delete
begin insert emergency response personnel. The secretary and the office, in
consultation with the State Fire Marshal, shall develop an
emergency business plan and inventory system to provide this
information in an electronic format usable by emergency response
personnel. In addition to any funding that becomes available, the
secretary shall implement this system using the surcharge imposed
pursuant to subparagraph (B) of paragraph (1) of subdivision (b)
of Section 25404.5. end insert

(d) The enforcement of this article by unified program agencies
and the California Fire Code by those agencies required to enforce
the provisions of that code shall be coordinated.

(e) (1) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that files
the begin delete annual inventory form in compliance with end delete begin insert inventory of
information required by end insert this article and the addendum adopted
pursuant to paragraph (4), if required by the local fire chief, shall
be deemed to have met the requirements for a Hazardous Materials
Inventory Statement, as set forth in the California Fire Code and
its appendices.

(2) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that
establishes and maintains a business plan for emergency response
to a release or a threatened release of a hazardous material in
accordance with Section 25505, shall be deemed to have met the
requirements for a Hazardous Materials Management Plan, as set
forth in the California Fire Code and its appendices.

(3) Except for the addendum required by the local fire chief
pursuant to paragraph (4), the unified program agency shall be the
sole enforcement agency for purposes of determining compliance
pursuant to paragraphs (1) and (2).

(4) The office shall, in consultation with the unified program
agencies and the State Fire Marshal, adopt by regulation a single
comprehensive addendum for hazardous materials reporting for
the purposes of complying with subdivisions (b) and (c) of Section
13143.9 and subdivision (b) of Section 25506. The unified program
agency shall require businesses to annually use that addendum
when complying with subdivisions (b) and (c) of Section 13143.9
and subdivision (b) of Section 25506. A business shall file the
addendum with the unified program agency when required by the
local fire chief pursuant to subdivision (b) of Section 13143.9 or
subdivision (b) of Section 25506.

(f) Except as otherwise expressly provided in this section, this
section does not affect or otherwise limit the authority of the local
fire chief to enforce the California Fire Code.

SEC. 6.  

Section 25505 of the Health and Safety Code is
amended to read:

25505.  

(a) A business plan shall contain all of the following
information:

(1) The inventory of information required by this article and
additional information the governing body of the unified program
agency finds necessary to protect the health and safety of persons,
property, or the environment. Locally required information shall
be adopted by local ordinance begin delete or required by state law. This
information end delete begin insert and end insert shall be subject to trade secret protection specified
in Section 25512. begin insert The unified program agency shall notify the
secretary within 30 days after those requirements are adopted. end insert

(2) A site map that contains north orientation, loading areas,
internal roads, adjacent streets, storm and sewer drains, access and
exit points, emergency shutoffs, evacuation staging areas,
hazardous material handling and storage areas, and emergency
response equipment. Updates to existing maps to meet these
requirements shall be completed by January 1, begin delete 2015. end delete begin insert 2017. end insert

(3) Emergency response plans and procedures in the event of a
reportable release or threatened release of a hazardous material,
including, but not limited to, all of the following:

(A) Immediate notification begin insert contacts end insert to the appropriate local
emergency begin delete rescue end delete begin insert response end insert personnel and to the unified program
agency.

(B) Procedures for the mitigation of a release or threatened
release to minimize any potential harm or damage to persons,
property, or the environment.

(C) Evacuation plans and procedures, including immediate
notice, for the business site.

(4) Training for all new employees and annual training,
including refresher courses, for all employees in safety procedures
in the event of a release or threatened release of a hazardous
material, including, but not limited to, familiarity with the plans
and procedures specified in paragraph (3). These training programs
may take into consideration the position of each employee. This
training shall be documented electronically or by hard copy and
shall be made available for a minimum of three years.

(b) A business required to file a pipeline operations contingency
plan in accordance with the California Pipeline Safety Act of 1981
(Chapter 5.5 (commencing with Section 51010) of Part 1 of
Division 1 of Title 5 of the Government Code) and the regulations
of the Department of Transportation, found in Part 195
(commencing with Section 195.1) of Subchapter D of Chapter I
of Subtitle B of Title 49 of the Code of Federal Regulations, may
file a copy of those plans with the unified program agency instead
of filing an emergency response plan specified in paragraph (3)
of subdivision (a).

begin insert

(c) The emergency response plans and procedures, the inventory
of information required by this article, and the site map required
by this section shall be readily available to personnel of the
business or the unified program facility with responsibilities for
emergency response or training pursuant to this section.

end insert

SEC. 7.  

Section 25506 of the Health and Safety Code is
repealed.

begin delete

25506.  

(a) The annual inventory submittal shall contain, but
shall not be limited to, information on all of the following that are
handled in quantities equal to or greater than the quantities
specified in subdivision (a) of Section 25507 or as established by
the governing body of the unified program agency by a local
ordinance:

(1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.

(2) The category of waste, including the general chemical
composition of the waste listed by probable maximum and
minimum concentrations, of every hazardous waste handled by
the business.

(3) A listing of the chemical name and common names of every
other hazardous material or mixture containing a hazardous
material handled by the business that is not otherwise listed
pursuant to paragraph (1) or (2).

(4) The maximum amount of each hazardous material or mixture
containing a hazardous material disclosed in paragraphs (1), (2),
and (3) that is handled at any one time by the business over the
course of the year.

(5) Sufficient information on how and where the hazardous
materials disclosed in paragraphs (1), (2), and (3) are handled by
the business to allow fire, safety, health, and other appropriate
personnel to prepare adequate emergency responses to potential
releases of the hazardous materials.

(6) The SIC or NAICS Code for the business, to the extent that
applicable codes exist that represent that business.

(7) The name and telephone number of the person representing
the business and able to assist emergency personnel in the event
of an emergency involving the business during nonbusiness hours.

(b) If required by the local fire chief, the business shall also file
the addendum required by paragraph (4) of subdivision (e) of
Section 25504.

(c) (1) Except as provided in subdivision (d), the annual
inventory information required by this section shall also include
all inventory information required by Section 11022 of Title 42
of the United States Code.

(2) The office may adopt or amend existing regulations
specifying the inventory information required by this subdivision.

(d) If, pursuant to federal law or regulation, as it currently exists
or as it may be amended, the office determines that the inventory
information required by subdivisions (a) and (c) is substantially
equivalent to the inventory information required under the
Emergency Planning and Community Right-to-Know Act of 1986
(42 U.S.C. Sec. 11001 et seq.), the requirements of subdivisions
(a) and (c) shall not apply.

end delete

SEC. 8.  

Section 25506 is added to the Health and Safety Code,
to read:

25506.  

(a) The secretary, in coordination with the office, shall
specify the hazardous materials inventory that shall be submitted
by handlers and the data to be collected and submitted for
hazardous materials in quantities equal to or greater than the
quantities specified in Section 25507 or as otherwise established
by the governing body of the unified program agency by a local
ordinance.

(b) If required by the local fire chief, the business shall also file
the addendum required by paragraph (4) of subdivision (e) of
Section 25504.

(c) (1) Except as provided in subdivision (d), the inventory
information required by this section shall also include all inventory
information required by Section 11022 of Title 42 of the United
States Code.

(2) The office may adopt or amend existing regulations
specifying the inventory information required by this subdivision.

(d) If, pursuant to federal law or regulation, as it currently exists
or as it may be amended, the office determines that the inventory
information required by subdivisions (a) and (c) is substantially
equivalent to the inventory information required under the
Emergency Planning and Community Right-to-Know Act of 1986
(42 U.S.C. Sec. 11001 et seq.), the requirements of subdivisions
(a) and (c) shall not apply.

SEC. 9.  

Section 25507 of the Health and Safety Code is
amended to read:

25507.  

(a) Except as provided in this article, a begin delete business end delete begin insert facility end insert
shall establish and implement a business plan for emergency
response to a release or threatened release of a hazardous material
in accordance with the standards prescribed in the regulations
adopted pursuant to Section 25503 if the begin delete business end delete begin insert facility end insert meets
any of the following conditions:

(1)  begin insert (A) end insert begin insert   end insert The begin delete business end delete begin insert facility end insert handles a hazardous material or
a mixture containing a hazardous material that has a quantity at
any one time during the reporting year that is equal to, or greater
than, 55 gallons for materials that are liquids, 500 pounds for solids,
or 200 cubic feet for compressed gas begin insert , as defined in subdivision (i)
of Section 25505 end insert . The physical state and quantity present of
mixtures shall be determined by the physical state of the mixture
as whole, not individual components, at standard temperature and
pressure.

begin insert (B) end insert begin insert   end insert begin insert For the purpose of this section, for compressed gases, if a
hazardous material or mixture is determined to exceed threshold
quantities at standard temperature and pressure, it shall be
reported in the physical state at which it is stored. If the material
is an extremely hazardous substance, as defined in Section 355.61
of Title 40 of the Code of Federal Regulations, all amounts shall
be reported in pounds. end insert

(2) The business is required to submit chemical inventory
information pursuant to Section 11022 of Title 42 of the United
States Code.

(3) The begin delete business end delete begin insert facility end insert handles at any one time during the
reporting year an amount of a hazardous material that is equal to,
or greater than the threshold planning quantity, under both of the
following conditions:

(A) The hazardous material is an extremely hazardous substance,
as defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.

(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing
with Section 355.1) of Subchapter J of Chapter I of Title 40 of the
Code of Federal Regulations is less than 500 pounds.

(4)  begin delete (A) end delete begin delete   end delete The begin delete business end delete begin insert facility end insert handles at any one time during
the reporting year a total weight of 5,000 pounds for solids or a
total volume of 550 gallons for liquids, if the hazardous material
is a solid or liquid substance that is classified as a hazard for
purposes of Section 5194 of Title 8 of the California Code of
Regulations solely as an irritant or begin delete sensitizer, unless the unified
program agency finds, and provides notice to the business handling
the product, that the handling of lesser quantities of that hazardous
material requires the submission of a business plan, or any portion
of a business plan, in response to public health, safety, or
environmental concerns. end delete begin insert sensitizer. end insert

begin delete

(B) The unified program agency shall make the findings required
by subparagraph (A) in consultation with the local fire chief.

end delete begin delete

(5) (A) The business handles at any one time during the
reporting year a total of 1,000 cubic feet, if the hazardous material
is a compressed gas and is classified as a hazard for the purposes
of Section 5194 of Title 8 of the California Code of Regulations
solely as a compressed gas, unless the unified program agency
finds, and provides notice to the business handling the product,
that the handling of lesser quantities of that hazardous material
requires the submission of a business plan, or any portion thereof,
in response to public health, safety, or environmental concerns.

end delete begin delete

(B) The unified program agency shall make the findings required
by subparagraph (A) in consultation with the local fire chief.

end delete begin delete

(C) The hazardous materials subject to subparagraph (A) include
a gas for which the only health and physical hazards are simple
asphyxiation and the release of pressure.

end delete begin delete

(D) The hazardous materials subject to subparagraph (A) do
not include gases in a cryogenic state.

end delete begin insert

(5) The facility handles at any one time during the reporting
year cryogenic, refrigerated, or compressed gas in a quantity of
1,000 cubic feet or more at standard temperature and pressure, if
the gas is any of the following:

end insert begin insert

(A) Classified as a hazard for the purposes of Section 5194 of
Title 8 of the California Code of Regulations only for hazards due
to simple asphyxiation or the release of pressure.

end insert begin insert

(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained
by a physician, dentist, podiatrist, veterinarian, pharmacist, or
emergency medical service provider at his or her place of business.

end insert begin insert

(C) Carbon dioxide.

end insert begin insert

(D) Refrigerant gases other than ammonia in a closed cooling
systems used for air-conditioning and refrigeration.

end insert begin insert

(E) Gases used in closed fire suppression systems.

end insert

(6) The begin delete business end delete begin insert facility end insert handles a radioactive material at any
one time during the reporting year that is handled in quantities for
which an emergency plan is required to be adopted pursuant to
Part 30 (commencing with Section 30.1), Part 40 (commencing
with Section 40.1), or Part 70 (commencing with Section 70.1),
of Chapter 1 of Title 10 of the Code of Federal Regulations, or
pursuant to any regulations adopted by the state in accordance with
those regulations.

(7) The begin delete business end delete begin insert facility end insert handles perchlorate material, as defined
in subdivision (c) of Section 25210.5, in a quantity at any one time
during the reporting year that is equal to, or greater than, the
thresholds listed in paragraph (1).

begin delete

(b) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained
by a physician, dentist, podiatrist, veterinarian, or pharmacist, at
his or her office or place of business, stored at each office or place
of business in quantities of not more than 1,000 cubic feet of each
material at any one time, are exempt from this section and from
Section 25506. The unified program agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.

end delete begin insert

(b) Compressed air in cylinders, bottles, and tanks used by fire
departments and other emergency response organizations for the
purpose of emergency response and safety are exempt from this
article.

end insert

(c) (1) Lubricating oil is exempt from this section and Sections
25506 and 25508, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.

(2) For purposes of this paragraph, “lubricating oil” means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. “Lubricating oil” does not include used oil, as defined in
subdivision (a) of Section 25250.1.

begin delete

(d) Oil-filled electrical equipment that is not contiguous to an
electric facility is exempt from this section and Sections 25506
and 25508 if the aggregate capacity is less than 1,320 gallons.

end delete begin insert

(d) Both of the following are exempt from this section and
Sections 25506 and 25508 if the aggregate storage capacity of oil
at the facility is less than 1,320 gallons:

end insert begin insert

(1) Fluid in a hydraulic system.

end insert begin insert

(2) Oil-filled electrical equipment that is not contiguous to an
electric facility.

end insert

(e) Hazardous material contained solely in a consumer product
begin delete for direct distribution to, and use by, the general public is exempt
from the business plan requirements of this article unless the
unified program agency has found, and has provided notice to the
business handling the product, that the handling of certain
quantities of the product requires the submission of a business
plan, or any portion thereof, in response to public health, safety,
or environmental concerns. end delete begin insert , found in a retail establishment end insert begin insert and
intended for sale to, and for the use by, the public, is exempt from
the business plan requirements of this article. end insert

begin insert

(f) On-premises use, storage, or both, of propane in an amount
not to exceed 500 gallons that is for the sole purpose of cooking,
heating employee work areas, and heating water, within that
business, is exempt from this section, unless the uniform program
agency finds, and provides notice to the business handling the
propane, that the handling of the on-premise propane requires the
submission of a business plan, or any portion of a business plan,
in response to public health, safety, or environmental concerns.

end insert begin delete

(f)

end delete

begin insert (g) end insert begin insert   end insert In addition to the authority specified in subdivision begin delete (h) end delete begin insert (i) end insert ,
the governing body of the unified program agency may, in
exceptional circumstances, following notice and public hearing,
exempt a hazardous begin delete substance end delete begin insert material end insert specified in subdivision
begin delete (o) end delete begin insert (m) end insert of Section 25501 from Section 25506, if it is found that
the hazardous begin delete substance end delete begin insert material end insert would not pose a present or
potential danger to the environment or to human health and safety
if the hazardous begin delete substance end delete begin insert material end insert was released into the
environment. The unified program agency shall send a notice to
the office and the secretary within 15 days from the effective date
of any exemption granted pursuant to this subdivision.

begin delete

(g)

end delete

begin insert (h) end insert begin insert   end insert The unified program agency, upon application by a handler,
may exempt the handler, under conditions that the unified program
agency determines to be proper, from any portion of the
requirements to establish and maintain a business plan, upon a
written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment, or affect the ability of the unified program agency
and emergency begin delete rescue end delete begin insert response end insert personnel to effectively respond
to the release of a hazardous material, and that there are unusual
circumstances justifying the exemption. The unified program
agency shall specify in writing the basis for any exemption under
this subdivision.

begin delete

(h)

end delete

begin insert (i) end insert  The unified program agency, upon application by a handler,
may exempt a hazardous material from the inventory provisions
of this article upon proof that the material does not pose a
significant present or potential hazard to human health and safety
or to the environment if released into the workplace or
environment. The unified program agency shall specify in writing
the basis for any exemption under this subdivision.

begin delete

(i)

end delete

begin insert (j) end insert  The unified program agency shall adopt procedures to provide
for public input when approving applications submitted pursuant
to subdivisions begin delete (g) and end delete (h) begin insert and (i) end insert .

SEC. 10.  

Section 25507.1 of the Health and Safety Code is
amended to read:

25507.1.  

(a) A unified program agency shall exempt a business
operating a farm for purposes of cultivating the soil or raising or
harvesting any agricultural or horticultural commodity from filing
the information in the business plan required by paragraphs (3)
and (4) of subdivision (a) of Section 25505 if all of the following
requirements are met:

(1) The agricultural handler annually submits the begin insert facility
information and end insert inventory begin delete of information end delete required by Section
begin delete 25505 end delete begin insert 2550 end insert begin insert 6 end insert to the statewide information management system.

(2) Each building in which hazardous materials subject to this
article are stored is posted with signs, in accordance with
regulations that the office shall adopt, that provide notice of the
storage of any of the following:

(A) Pesticides.

(B) Petroleum fuels and oil.

(C) Types of fertilizers.

(3) The agricultural handler provides the training programs
specified in paragraph (4) of subdivision (a) of Section 25505.

(b) The unified program agency may designate the county
agricultural commissioner to conduct the inspections of agricultural
handlers. The agricultural commissioner shall schedule and conduct
inspections in accordance with Section 25511.

SEC. 11.  

Section 25507.2 of the Health and Safety Code is
amended to read:

25507.2.  

begin delete (a) end delete begin delete   end delete begin delete The unified program agency shall exempt a
business operating an unstaffed remote facility located in an
isolated sparsely populated area from Sections 25506 and 25507 end delete
begin insert Unless required by a local ordinance, the unified program agency
shall exempt an unstaffed facility located at least one-half mile
from the nearest occupied structure from Sections 25508.2 and
25511, and shall subject the facility to Sections 25505, 25506, and
25507 only as specified in this section, end insert if the facility is not
otherwise subject to the requirements of applicable federal law,
and all of the following requirements are met:

begin delete

(1)

end delete

begin insert (a) end insert  The types and quantities of materials onsite are limited to
one or more of the following:

begin delete

(A)

end delete

begin insert (1) end insert  One thousand standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).

begin delete

(B)

end delete

begin insert (2) end insert  Five hundred gallons of combustible liquid used as a fuel
source.

begin delete

(C) Two hundred gallons of corrosive liquids used as electrolytes
in closed containers.

end delete

begin insert (3) end insert begin insert   end insert begin insert Corrosive liquids, not to exceed 500 pounds of extremely
hazardous substances, used as electrolytes, and in closed
containers end insert .

begin delete

(D)

end delete

begin insert (4) end insert  Five hundred gallons of lubricating and hydraulic fluids.

begin delete

(E)

end delete

begin insert (5) end insert  One thousand two hundred gallons of begin delete flammable end delete
begin insert hydrocarbon end insert gas used as a fuel source.

begin delete

(F)

end delete

begin insert (6) end insert  Any quantity of mineral oil contained within electrical
equipment, such as transformers, bushings, electrical switches,
and voltage regulators, if the spill prevention control and
countermeasure plan has been prepared for quantities that meet or
exceed 1,320 gallons.

begin delete

(2)

end delete

begin insert (b) end insert  The facility is secured and not accessible to the public.

begin delete

(3)

end delete

begin insert (c) end insert  Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.

begin delete

(4) A one-time notification and inventory are provided to the
unified program agency along with a processing fee in lieu of the
existing fee. The fee shall not exceed the actual cost of processing
the notification and inventory, including a verification inspection,
if necessary.

(5) If the information contained in the initial notification or
inventory changes and the time period of the change is longer than
30 days, the notification or inventory shall be resubmitted within
30 days to the unified program agency to reflect the change, along
with a processing fee, in lieu of the existing fee, that does not
exceed the actual cost of processing the amended notification or
inventory, including a verification inspection, if necessary.

(6) The unified program agency shall forward a copy of the
notification and inventory to those agencies that share responsibility
for emergency response.

(7) The unified program agency may require an unstaffed remote
facility to submit a hazardous materials business plan and inventory
in accordance with this article if the agency finds that special
circumstances exist so that development and maintenance of the
business plan and inventory are necessary to protect the public
health and safety and the environment.

(b) On-premises use, storage, or both, of propane in an amount
not to exceed 500 gallons that is for the sole purpose of cooking,
heating the employee work areas, and heating water, within that
business, is exempt from Section 25507, unless the uniform
program agency finds, and provides notice to the business handling
the propane, that the handling of the on-premise propane requires
the submission of a business plan, or any portion of a business
plan, in response to public health, safety, or environmental
concerns.

end delete begin insert

(d) (1) Notwithstanding Sections 25505 and 25507, a one-time
business plan, except for the emergency response plan and training
elements specified in paragraphs (3) and (4) of subdivision (a) of
Section 25505, is submitted to the statewide information
management system. This one-time business plan submittal is
subject to a verification inspection by the unified program agency
and the unified program agency may assess a fee not to exceed
the actual costs of processing and for inspection, if an inspection
is conducted.

end insert begin insert

(2) If the information contained in the one-time submittal of the
business plan changes and the time period of the change is longer
than 30 days, the business plan shall be resubmitted within 30
days to the statewide information management system to reflect
any change in the business plan. A fee not to exceed the actual
costs of processing and inspection, if conducted, may be assessed
by the unified program agency.

end insert begin delete

(c)

end delete

begin insert (e) end insert  The unified program agency shall provide all information
obtained from completed inventory forms, upon request, to
emergency begin delete rescue end delete begin insert response end insert personnel on a 24-hour basis.

SEC. 12.  

Section 25508 of the Health and Safety Code is
amended to read:

25508.  

(a) (1) A handler shall electronically submit its
business plan begin insert annually end insert to the statewide information management
system in accordance with the requirements of this article and
certify that the business plan meets the requirements of this article.

(2) If, after review, the unified program agency determines that
the handler’s business plan is deficient in satisfying the
requirements of this article or the regulations adopted pursuant to
Section 25503, the unified program agency shall notify the handler
of those deficiencies. The handler shall electronically submit a
corrected business plan within 30 days from the date of the notice.

(3) If a handler fails, after reasonable notice, to electronically
submit a business plan in compliance with this article, the unified
program agency shall take appropriate action to enforce this article,
including the imposition of begin delete civil end delete begin insert administrative, civil, end insert and criminal
penalties as specified in this article.

(4) For data not adopted in the manner established under the
standards adopted pursuant to subdivision (e) of Section 25404,
and that is reported using a document format, the use of a reporting
method accepted by the statewide information management system
shall be considered compliant with the requirement to submit that
data. If the reporting option used does not support public records
requests from the public, the handler shall provide requested
documents to the unified program agency within 10 business days
of a request from the unified program agency.

begin delete

(b) A handler shall review the business plan submitted pursuant
to subdivision (a) at least once every three years to determine if a
revision is needed and shall certify to the unified program agency
that the review was made and that any necessary changes were
made to the plan.

end delete begin delete

(c) Unless exempted from the business plan requirements under
this article, a handler shall annually review the business plan
information and resubmit or certify as correct the inventory
information in the statewide environmental reporting system.

end delete begin delete

(d) A

end delete

begin insert ( end insert begin insert b) end insert begin insert   end insert begin insert Except as required by paragraph (1) of subdivision (a) of
Section 65850.2 of the Government Code, a end insert business required to
establish, implement, and electronically submit a business plan
pursuant to subdivision (a) shall not be deemed to be in violation
of this article until 30 days after the business becomes subject to
subdivision begin delete (a), unless the unified program agency requests the
business to establish, implement, and electronically submit the
business plan at an earlier date. end delete begin insert (a). end insert

SEC. 13.  

Section 25508.1 of the Health and Safety Code is
amended to read:

25508.1.  

Within 30 days of any one of the following events,
a business subject to this article shall electronically update the
information submitted to the statewide information management
system:

(a) A 100 percent or more increase in the quantity of a
previously disclosed material.

(b) Any handling of a previously undisclosed hazardous material
subject to the inventory requirements of this article.

(c) Change of business address.

(d) Change of business ownership.

(e) Change of business name.

(f) (1) A substantial change in the handler’s operations occurs
that requires modification to any portion of the business plan.

(2) For the purposes of this subdivision, “substantial change”
means any change in a regulated facility that would inhibit
immediate response during an emergency by either site personnel
or emergency begin delete rescue end delete begin insert response end insert personnel, or that could inhibit the
handler’s ability to comply with Section 25507, change the
operational knowledge of the facility, or impede implementation
of the business plan.

SEC. 14.  

Section 25508.2 of the Health and Safety Code is
amended to read:

25508.2.  

At least once every 12 months, the business owner,
operator, or officially designated representative shall review begin delete and
certify that the information in the statewide information
management system has been verified and is complete, accurate,
and up to date and that it contains the information required by
Section 11022 of Title 42 of the United States Code. An annual
electronic submittal to the statewide information management
system satisfies this requirement. end delete begin insert , and verify that the information
in the business plan submitted pursuant to Section 25508 in the
statewide information management system is complete, accurate,
up to date, and in compliance with Section 11022 of Title 42 of
the United States Code. The annual electronic submittal to the
statewide information management system required pursuant to
Section 25508 satisfies this section. end insert

SEC. 15.  

Section 25509 of the Health and Safety Code is
amended to read:

25509.  

(a) The unified program agency shall begin delete update end delete begin insert maintain end insert
its administrative procedures with regard to maintaining records
and responding to requests for information in accordance with
Subdivision 4 (commencing with Section 15100) of Division 1 of,
and Division 3 of, Title 27 of the California Code of Regulations,
as those regulations read on January 1, 2014. begin delete The end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert unified program agency shall make the begin delete data elements
and documents end delete begin insert information in the statewide information
management system end insert submitted pursuant to this article available
for public inspection during the regular working hours of the
unified program agency, except the begin delete data elements and documents end delete
begin insert information end insert specifying the precise location where hazardous
materials are stored and handled onsite, including any maps
required by paragraph (2) of subdivision (a) of Section begin delete 25505,
shall not be available for inspection. The unified. end delete begin insert 25505. end insert

begin insert (c) end insert begin insert   end insert begin insert The unified end insert program agency shall make the begin delete data elements
and documents end delete begin insert information in the statewide information
management system end insert submitted pursuant to this article available to
a requesting government agency that is authorized by law to access
the information.

begin delete

(b)

end delete

begin insert ( end insert begin insert d) end insert  A person who submits inventory information required under
Section 25506 with the unified program agency shall be deemed
to have filed the inventory form required by Section 11022(a) of
Title 42 of the United States Code with the state emergency
response commission and begin insert local end insert emergency planning begin delete committee end delete
begin insert committees end insert established pursuant to Section 11001 of Title 42 of
the United States Code.

begin delete

(c) The unified program agency shall, upon request, transmit
the information collected pursuant to this chapter to the Chemical
Emergency Planning and Response Commission, established by
the Governor as the state emergency response commission pursuant
to Section 11001(a) of Title 42 of the United States Code, and to
the local emergency planning committee established pursuant to
Section 11001(c) of Title 42 of the United States Code.

end delete

SEC. 16.  

Section 25510 of the Health and Safety Code is
amended to read:

25510.  

(a) Except as provided in subdivision (b), the handler
or an employee, authorized representative, agent, or designee of
a handler, shall, upon discovery, immediately report any release
or threatened release of a hazardous material to the unified program
agency, and to the office, in accordance with the regulations
adopted pursuant to Section 25503. The handler or an employee,
authorized representative, agent, or designee of the handler shall
provide all state, city, or county fire or public health or safety
personnel and emergency rescue personnel with access to the
handler’s facilities.

(b) Subdivision (a) does not apply to a person engaged in the
transportation of a hazardous material on a highway that is subject
to, and in compliance with, the requirements of Sections 2453 and
23112.5 of the Vehicle Code.

begin insert

(c) On or before January 1, 2016, the office shall adopt
regulations to implement this section. In developing these
regulations, the office shall closely consult with representatives
from regulated entities, appropriate trade associations, fire service
organizations, federal, state, and local organizations, including
unified program agencies, and other interested parties.

end insert begin insert

(d) The unified program agency shall maintain one or more
nonemergency contact numbers for release reports that do not
require immediate agency response. The unified program agency
shall promptly communicate changes to this information to
regulated facilities and to the office.

end insert

SEC. 17.  

Section 25510.3 of the Health and Safety Code is
amended to read:

25510.3.  

The emergency begin delete rescue end delete begin insert response end insert personnel, responding
to the reported release or threatened release of a hazardous material,
or of a regulated substance, as defined in Section 25532, or to any
fire or explosion involving a material or substance that involves a
release that would be required to be reported pursuant to Section
25510, shall immediately advise the superintendent of the school
district having jurisdiction, where the location of the release or
threatened release is within one-half mile of a school.

SEC. 18.  

Section 25511 of the Health and Safety Code is
amended to read:

25511.  

(a) In order to carry out the purposes of this article and
Article 2 (commencing with Section 25531), an employee or
authorized representative of a unified program agency has the
authority specified in Section 25185, with respect to the premises
of a handler, and in Section 25185.5, with respect to real property
that is within 2,000 feet of the premises of a handler, except that
this authority shall include conducting inspections concerning
hazardous material, in addition to hazardous waste.

(b) In addition to the requirements of Section 25537, the unified
program agency shall conduct inspections of every business subject
to this article at least once every three years to determine if the
business is in compliance with this article. The unified program
agency shall give priority, when conducting these inspections, to
inspecting facilities that are required to prepare a risk management
plan pursuant to Article 2 (commencing with Section 25531). In
establishing a schedule for conducting inspections pursuant to this
section, the unified program agency may adopt and use an index
of the volatility, toxicity, and quantity of regulated substances and
hazardous materials. A unified program agency shall attempt to
schedule the inspections conducted pursuant to this section and
Section 25537, when applicable, during the same time period.

begin delete

(c) The unified program agency may designate the county
agricultural commissioner to conduct the inspection of agricultural
handlers for purposes of Section 25507.1.

end delete begin insert

(c) Pursuant to a written agreement, the unified program agency
may designate the county agricultural commissioner to conduct
the inspection of agricultural handlers for purposes of Section
25507.1. The agreement shall address the inspection, reporting,
training, enforcement and cost recovery requirements to conduct
the inspection of agricultural handlers. If designated, the
agricultural commissioner shall schedule and conduct inspections
in accordance with this section.

end insert

SEC. 19.  

Section 25512 of the Health and Safety Code is
amended to read:

25512.  

(a) As used in this section, “trade secret” means a trade
secret as defined in either subdivision (d) of Section 6254.7 of the
Government Code or Section 1061 of the Evidence Code.

(b) (1) If a business believes that the inventory required by this
article involves the release of a trade secret, the business shall
nevertheless provide this information to the unified program
agency, and begin delete shall notify the unified program agency in writing of
that belief on the inventory form. end delete begin insert comply with the regulations
adopted by the office pursuant to this section. end insert

begin insert

(2) On or before January 1, 2016, the office, in consultation
with the secretary, shall adopt regulations for a business to
designate information as a trade secret.

end insert begin delete

(2)

end delete

begin insert ( end insert begin insert 3) end insert  Subject to subdivisions (d) and (e), the unified program
agency shall protect from disclosure any information designated
as a trade secret by the business pursuant to paragraph (1).

(c) (1) Upon the receipt of a request for the release of
information to the public that includes information that the business
has begin delete notified the unified program agency is end delete begin insert designated as end insert a trade
secret pursuant to begin insert the end insert begin insert regulations adopted by the office end insert begin insert pursuant
to end insert paragraph begin delete (1) end delete begin insert (2) end insert of subdivision (b), the unified program agency
shall notify the business in writing of the request by certified mail,
return receipt requested.

(2) The unified program agency shall release the requested
information to the public 30 days or more after the date of mailing
to the business the notice of the request for information, unless,
prior to the expiration of the 30-day period, the business files an
action in an appropriate court for a declaratory judgment that the
information is subject to protection under subdivision (b) or for
an injunction prohibiting disclosure of the information to the public,
and promptly notifies the unified program agency of that action.

(3) This subdivision does not permit a business to refuse to
disclose the information required pursuant to this begin delete section end delete begin insert article end insert
to the begin delete unified program agency. end delete begin insert statewide information management
system using the regulations adopted by the office end insert begin insert pursuant to
subdivision (b). end insert

(d) Except as provided in subdivision (c), any information that
has been designated as a trade secret by a business is confidential
information for purposes of this section and shall not be disclosed
to anyone except the following:

(1) An officer or employee of the county, city, state, or the
United States, in connection with the official duties of that officer
or employee under any law for the protection of health, or
contractors with the county, city, or state and their employees if,
in the opinion of the unified program agency, disclosure is
necessary and required for the satisfactory performance of a
contract, for performance of work, or to protect the health and
safety of the employees of the contractor.

(2) A physician if the physician certifies in writing to the unified
program agency that the information is necessary to the medical
treatment of the physician’s patient.

(e) A physician who, by virtue of having obtained possession
of, or access to, confidential information, and who, knowing that
disclosure of the information to the general public is prohibited
by this section, knowingly and willfully discloses the information
in any manner to a person not entitled to receive it, is guilty of a
misdemeanor.

(f) An officer or employee of the county or city, or former
officer or employee who, by virtue of that employment or official
position, has possession of, or has access to, confidential
information, and who, knowing that disclosure of the information
to the general public is prohibited by this section, knowingly and
willfully discloses the information in any manner to a person not
entitled to receive it, is guilty of a misdemeanor. A contractor with
the county or city and an employee of the contractor, who has been
furnished information as authorized by this section, shall be
considered an employee of the county or city for purposes of this
section.

SEC. 20.  

Section 25515.5 of the Health and Safety Code is
amended to read:

25515.5.  

(a) All criminal penalties collected pursuant to this
article shall be apportioned in the following manner:

(1) Fifty percent shall be paid to the office of the city attorney,
district attorney, or Attorney General, whichever office brought
the action.

(2) Fifty percent shall be paid to the agency which is responsible
for the investigation of the action.

(b) All civil penalties collected pursuant to this chapter shall be
apportioned in the following manner:

(1) Fifty percent shall be paid to the office of the city attorney,
district attorney, or Attorney General, whichever office brought
the action.

(2) Fifty percent shall be paid to the agency responsible for the
investigation of the action.

(c) If a reward is paid to a person pursuant to Section begin delete 25517 end delete
begin insert 25516 end insert , the amount of the reward shall be deducted from the amount
of the criminal or civil penalty before the amount is apportioned
pursuant to subdivisions (a) and (b).

SEC. 21.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act or because costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction,
within the meaning of Section 17556 of the Government Code, or
changes the definition of a crime within the meaning of Section 6
of Article XIII B of the California Constitution.

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CORRECTIONS:

Text--Pages 20, 21 and 25.

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