Amended in Assembly August 7, 2014

Amended in Assembly June 12, 2014

Amended in Senate May 27, 2014

Amended in Senate April 21, 2014

Senate BillNo. 1261


Introduced by Senator Jackson

February 21, 2014


An act to amend Sections 25501, 25502, 25503, 25504, 25505, 25507, 25507.1, 25507.2, 25508, 25508.1,begin delete 25508.2,end delete 25509, 25510, 25510.3, 25511, and 25515.5 of, and to repeal and addbegin delete Sectionend deletebegin insert Sectionsend insert 25506begin insert and 25508.2end insert of, the Health and Safety Code, relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

SB 1261, as amended, 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 requires the unified program agency to implement and enforce provisions that require a business that handles a hazardous materialbegin insert, as defined,end insert 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 of Emergency Services, to specify the hazardous materials inventory required to be submitted by handlers, including the data to be collected and submitted for hazardous materials.begin insert The bill would authorize the governing body of a unified program agency to adopt an ordinance that designates a material as a hazardous material, if a handler or the governing body of the unified program agency has a reasonable basis to believe that material injurious or harmful, as specified.end insert The bill would revise the information required to be included in the business plan.

(2) 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.

(3) 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 the statewide information systembegin insert by a date established by the unified program agency or by March 1end insert, would instead require a businessbegin delete to at least annuallyend deletebegin insert owner, business operator, or officially designated representative of the business toend insert review and certifybegin insert on or before that dateend insert that thebegin delete business planend delete information in the statewide information management system meets specified requirements, and would remove the requirement that the handler annually review and resubmit or certify as correct the inventory information in the statewide environmental reporting system.

(4) 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.

(5) 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.

(6) This bill would revise some definitions for purposes of these provisions relating to business plans of handlers of hazardous materials and would make other conforming changes.

(7) 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.

(8) 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.

begin insert

(9) The bill would incorporate changes to Section 25507 of the Health and Safety Code proposed by both this bill and AB 2748, which would only become operative if both bills are enacted and become effective on or before January 1, 2015, and this bill is enacted after AB 2748.

end insert

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

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

P4    1

SECTION 1.  

Section 25501 of the Health and Safety Code is
2amended to read:

3

25501.  

Unless the context indicates otherwise, the following
4definitions govern the construction of this article:

5(a) “Agricultural handler” means a business operating a farm
6that is subject to the exemption specified in Section 25507.1.

7(b) “Area plan” means a plan established pursuant to Section
825503 by a unified program agency for emergency response to a
9release or threatened release of a hazardous material within a city
10or county.

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

12(1) An employer, self-employed individual, trust, firm, joint
13stock company, corporation, partnership, limited liability
14 partnership or company, or other business entity.

15(2) A business organized for profit and a nonprofit business.

16(3) The federal government, to the extent authorized by law.

17(4) An agency, department, office, board, commission, or bureau
18of state government, including, but not limited to, the campuses
19of the California Community Colleges, the California State
20University, and the University of California.

21(5) An agency, department, office, board, commission, or bureau
22of a city, county, or district.

23(6) A handler that operates or owns a unified program facility.

24(d) “Business plan” means a separate plan for each unified
25program facility, site, or branch of a business that meets the
26requirements of Section 25505.

27(e) (1) “Certified unified program agency” or “CUPA” means
28the agency certified by the secretary to implement the unified
29program specified in Chapter 6.11 (commencing with Section
3025404) within a jurisdiction.

31(2) “Participating agency” or “PA” means an agency that has a
32written agreement with the CUPA pursuant to subdivision (d) of
33Section 25404.3, and is approved by the secretary, to implement
34or enforce one or more of the unified program elements specified
35in paragraphs (4) and (5) of subdivision (c) of Section 25404, in
36accordance with Sections 25404.1 and 25404.2.

37(3) “Unified program agency” or “UPA” means the CUPA, or
38its participating agencies to the extent each PA has been designated
P5    1by the CUPA, pursuant to a written agreement, to implement or
2enforce a particular unified program element specified in
3paragraphs (4) and (5) of subdivision (c) of Section 25404. For
4purposes of this article and Article 2 (commencing with Section
525531), the UPAs have the responsibility and authority, to the
6extent provided by this article and Article 2 (commencing with
7Section 25531) and Sections 25404.1 and 25404.2, to implement
8and enforce only those requirements of this article and Article 2
9(commencing with Section 25531) listed in paragraphs (4) and (5)
10of subdivision (c) of Section 25404.

11(4) The UPAs also have the responsibility and authority, to the
12extent provided by this article and Article 2 (commencing with
13Section 25531) and Sections 25404.1 and 25404.2, to implement
14and enforce the regulations adopted to implement the requirements
15of this article and Article 2 (commencing with Section 25531)
16listed in paragraphs (4) and (5) of subdivision (c) of Section 25404.
17After a CUPA has been certified by the secretary, the unified
18program agencies shall be the only local agencies authorized to
19enforce the requirements of this article and Article 2 (commencing
20with Section 25531) listed in paragraphs (4) and (5) of subdivision
21(c) of Section 25404 within the jurisdiction of the CUPA.

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

23(g) “Chemical name” means the scientific designation of a
24substance in accordance with the nomenclature system developed
25by the International Union of Pure and Applied Chemistry or the
26system developed by the Chemical Abstracts Service.

27(h) “Common name” means any designation or identification,
28such as a code name, code number, trade name, or brand name,
29used to identify a substance by other than its chemical name.

30(i) “Compressed gas” means a material, or mixture of materials,
31that meets either of the following:

32(1) The definition of compressed gas or cryogenic fluid found
33in the California Fire Code.

34(2) Compressed gas that is regulated pursuant to Part 1
35(commencing with Section 6300) of Division 5 of the Labor Code.

36(j) “Consumer product” means a commodity used for personal,
37family, or household purposes, or is present in the same form,
38concentration, and quantity as a product prepackaged for
39distribution to and use by the general public.

P6    1(k) “Emergency response personnel” means a public employee,
2including, but not limited to, a firefighter or emergency rescue
3personnel, as defined in Section 245.1 of the Penal Code, or
4personnel of a local emergency medical services (EMS) agency,
5as designated pursuant to Section 1797.200, who is responsible
6for response, mitigation, or recovery activities in a medical, fire,
7or hazardous material incident, or natural disaster where public
8health, public safety, or the environment may be impacted.

9(l) “Handle” means all of the following:

10(1) (A) To use, generate, process, produce, package, treat, store,
11emit, discharge, or dispose of a hazardous material in any fashion.

12(B) For purposes of subparagraph (A), “store” does not include
13the storage of hazardous materials incidental to transportation, as
14defined in Title 49 of the Code of Federal Regulations, with regard
15to the inventory requirements of Section 25506.

16(2) (A) The use or potentialbegin delete forend delete use of a quantity of hazardous
17material by the connection of a marine vessel, tank vehicle, tank
18car, or container to a system or process for any purpose.

19(B) For purposes of subparagraph (A), the use or potential use
20does not include the immediate transfer to or from an approved
21atmospheric tank or approved portable tank that is regulated as
22loading or unloading incidental to transportation by Title 49 of the
23Code of Federal Regulations.

24(m) “Handler” means a business that handles a hazardous
25material.

26(n) (1) “Hazardous material” means a material listed in
27paragraph (2) that, because of its quantity, concentration, or
28physical or chemical characteristics, poses a significant present or
29potential hazard to human health and safety or to the environment
30if released into the workplace or the environmentbegin insert, or a material
31specified in an ordinance adopted pursuant to paragraph (3)end insert
.

32(2) Hazardous materials include all of the following:

33(A) A substancebegin insert or productend insert for which the manufacturer or
34producer is required to prepare a material safety data sheetbegin delete (SDS)
35for the substance or productend delete
pursuant to the Hazardous Substances
36Information and Training Act (Chapter 2.5 (commencing with
37Section 6360) of Part 1 of Division 5 of the Labor Code) or
38pursuant to any applicable federal law or regulation.

39(B) begin deleteThe end deletebegin insertA end insertsubstancebegin delete isend delete listed as a radioactive material in
40Appendix B ofbegin delete Chapter 1 (commencing with Section 10.1)end deletebegin insert Part
P7    130 (commencing with Section 30.1)end insert
of Title 10 of the Code of
2Federal Regulations,begin insert asend insert maintained and updated by the Nuclear
3Regulatory Commission.

4(C) A substance listed pursuant to Title 49 of the Code of
5Federal Regulations.

6(D) A substance listed in Section 339 of Title 8 of the California
7Code of Regulations.

8(E) A material listed as a hazardous waste, as defined by
9Sections 25115, 25117, and 25316.

begin insert

10(3) The governing body of a unified program agency may adopt
11an ordinance that provides that, within the jurisdiction of the
12unified program agency, a material not listed in paragraph (2) is
13a hazardous material for purposes of this article if a handler has
14 a reasonable basis for believing that the material would be
15injurious to the health and safety of persons or harmful to the
16environment if released into the workplace or the environment,
17and requests the governing body of the unified program agency
18to adopt that ordinance, or if the governing body of the unified
19program agency has a reasonable basis for believing that the
20material would be injurious to the health and safety of persons or
21harmful to the environment if released into the workplace or the
22environment. The handler or the unified program agency shall
23notify the secretary no later than 30 days after the date an
24ordinance is adopted pursuant to this paragraph.

end insert

25(o) “Office” means the Office of Emergency Services.

26(p) “Release” means any spilling, leaking, pumping, pouring,
27emitting, emptying, discharging, injecting, escaping, leaching,
28dumping, or disposing into the environment, unless permitted or
29authorized by a regulatory agency.

30(q) “Retail establishment” means a business that sells consumer
31products prepackaged for distribution to, and intended for use by,
32the general public. A retail establishment may include storage
33areas or storerooms in establishments that are separated from
34shelves for display areas but maintained within the physical
35confines of the retail establishments. A retail establishment does
36not include a pest control dealer, as defined in Section 11407 of
37the Food andbegin delete Agricultureend deletebegin insert Agriculturalend insert Code.

38(r) “Secretary” means the Secretary for Environmental
39Protection.

P8    1(s) “Statewide information management system” means the
2statewide information management system established pursuant
3to subdivision (e) of Section 25404 that provides for the
4combination of state and local information management systems
5for the purposes of managing unified program data.

6(t) “Threatened release” means a condition, circumstance, or
7incident making it necessary to take immediate action to prevent,
8reduce, or mitigate a release with the potential to cause damage
9or harm to persons, property, or the environment.

10(u) “Trade secret” means trade secrets as defined in either
11subdivision (d) of Section 6254.7 of the Government Code or
12Section 1061 of the Evidence Code.

13(v) “Unified program facility” means all contiguous land and
14structures, other appurtenances, and improvements on the land
15that are subject to the requirements of paragraphs (4) and (5) of
16subdivision (c) of Section 25404. For purposes of this article,
17“facility” has the same meaning as unified program facility.

18

SEC. 2.  

Section 25502 of the Health and Safety Code is
19amended to read:

20

25502.  

(a) This article and Article 3 (commencing with Section
2125545), as it pertains to the handling of hazardous material, and
22Article 2 (commencing with Section 25531), as it pertains to the
23regulation of stationary sources, shall be implemented by one of
24the following:

25(1) If there is a CUPA, the unified program agency.

26(2) If there is no CUPA, the agency authorized pursuant to
27subdivision (f) of Section 25404.3.

28(b) The agency responsible for implementing this article, Article
292 (commencing with Section 25531), and Article 3 (commencing
30with Section 25545) shall ensure full access to, and the availability
31of, information submitted under this chapter to emergency response
32personnel and other appropriate governmental entities within its
33jurisdiction.

34

SEC. 3.  

Section 25503 of the Health and Safety Code is
35amended to read:

36

25503.  

(a) The office shall adopt, after public hearing and
37consultation with the Office of the State Fire Marshal and other
38appropriate public entities, regulations for minimum standards for
39business plans and area plans. All business plans and area plans
40shall meet the standards adopted by the office.

P9    1(b) The standards for business plans in the regulations adopted
2pursuant to subdivision (a) shall do all of the following:

3(1) Set forth minimum requirements of adequacy, and not
4preclude the imposition of additional or more stringent
5requirements by local government.

6(2) Take into consideration and adjust for the size and nature
7of the business, the proximity of the business to residential areas
8and other populations, and the nature of the damage potential of
9its hazardous materials in establishing standards for paragraphs
10(3) and (4) of subdivision (a) of Section 25505.

11(3) Take into account the existence of local area and business
12plans that meet the requirements of this article so as to minimize
13the duplication of local efforts, consistent with the objectives of
14this article.

15(4) Define what releases and threatened releases are required
16to be reported pursuant to Section 25510. The office shall consider
17the existing federal reporting requirements in determining a
18definition of reporting releases pursuant to Section 25510.

19(c) A unified program agency shall, in consultation with local
20emergency response agencies, establish an area plan for emergency
21 response to a release or threatened release of a hazardous material
22within its jurisdiction. An area plan is not a statute, ordinance, or
23regulation for purposes of Section 669 of the Evidence Code. The
24standards for area plans in the regulations adopted pursuant to
25subdivision (a) shall provide for all of the following:

26(1) Procedures and protocols for emergency response personnel,
27including the safety and health of those personnel.

28(2) Preemergency planning.

29(3) Notification and coordination of onsite activities with state,
30local, and federal agencies, responsible parties, and special districts.

31(4) Training of appropriate employees.

32(5) Onsite public safety and information.

33(6) Required supplies and equipment.

34(7) Access to emergency response contractors and hazardous
35waste disposal sites.

36(8) Incident critique and followup.

37(9) Requirements for notification to the office of reports made
38pursuant to Section 25510.

39(d) (1) The unified program agency shall submit to the office
40for its review a copy of the proposed area plan within 180 days
P10   1after adoption of regulations by the office. The office shall notify
2the unified program agency as to whether the area plan is adequate
3and meets the area plan standards. The unified program agency
4shall submit a corrected area plan within 45 days of this notice.

5(2) The unified program agency shall certify to the office every
6three years that it has conducted a complete review of its area plan
7and has made any necessary revisions. If a unified program agency
8makes a substantial change to its area plan, it shall forward the
9changes to the office within 14 days after the changes have been
10made.

11(e) The inspection and enforcement program established
12pursuant to paragraphs (2) and (3) of subdivision (a) of Section
1325404.2, shall include the basic provisions of a plan to conduct
14onsite inspections of businesses subject to this article by the unified
15program agency. These inspections shall ensure compliance with
16this article and shall identify existing safety hazards that could
17cause or contribute to a release and, where appropriate, enforce
18any applicable laws and suggest preventative measures designed
19to minimize the risk of the release of hazardous material into the
20workplace or environment. The requirements of thisbegin delete paragraphend delete
21begin insert subdivisionend insert do not alter or affect the immunity provided to a public
22entity pursuant to Section 818.6 of the Government Code.

23

SEC. 4.  

Section 25504 of the Health and Safety Code is
24amended to read:

25

25504.  

(a) The Legislature hereby finds and declares that
26persons attempting to do business in this state are increasingly
27experiencing excessive and duplicative regulatory requirements
28at different levels of government.

29(b) To streamline and ease the regulatory burdens of doing
30business in this state, compliance with Section 25505 shall also
31suffice to meet the requirements for a Hazardous Materials
32Management Plan and the Hazardous Materials Inventory
33Statement as set forth in the California Fire Code and its
34appendices, to the extent that the information in the California Fire
35Code is contained in Section 25505.

36(c) The unified program agency shall provide access to the
37information collected in the statewide information management
38system to emergency response personnel on abegin delete 24 hourend deletebegin insert 24-hourend insert
39 basis.

P11   1(d) The enforcement of this article by unified program agencies
2and the California Fire Code by those agencies required to enforce
3the provisions of that code shall be coordinated.

4(e) (1) Notwithstanding Section 13143.9, and the standards and
5regulations adopted pursuant to that section, a business that files
6the inventory of information required by this article and the
7addendum adopted pursuant to paragraph (4), if required by the
8local fire chief, shall be deemed to have met the requirements for
9a Hazardous Materials Inventory Statement, as set forth in the
10California Fire Code and its appendices.

11(2) Notwithstanding Section 13143.9, and the standards and
12regulations adopted pursuant to that section, a business that
13establishes and maintains a business plan for emergency response
14to a release or a threatened release of a hazardous material in
15accordance with Section 25505, shall be deemed to have met the
16requirements for a Hazardous Materials Management Plan, as set
17forth in the California Fire Code and its appendices.

18(3) Except for the addendum required by the local fire chief
19pursuant to paragraph (4), the unified program agency shall be the
20 sole enforcement agency for purposes of determining compliance
21pursuant to paragraphs (1) and (2).

22(4) The office shall, in consultation with the unified program
23agencies and the State Fire Marshal, adopt by regulation a single
24comprehensive addendum for hazardous materials reporting for
25the purposes of complying with subdivisions (b) and (c) of Section
2613143.9 and subdivision (b) of Section 25506. The unified program
27agency shall require businesses to annually use that addendum
28when complying with subdivisions (b) and (c) of Section 13143.9
29and subdivision (b) of Section 25506. A business shall file the
30addendum with the unified program agency when required by the
31local fire chief pursuant to subdivision (b) of Section 13143.9 or
32subdivision (b) of Section 25506.

33(f) Except as otherwise expressly provided in this section, this
34section does not affect or otherwise limit the authority of the local
35fire chief to enforce the California Fire Code.

36

SEC. 5.  

Section 25505 of the Health and Safety Code is
37amended to read:

38

25505.  

(a) A business plan shall contain all of the following
39information:

P12   1(1) The inventory of information required by this article and
2additional information the governing body of the unified program
3agency finds necessary to protect the health and safety of persons,
4property, or the environment. Locally required information shall
5be adopted by local ordinance and shall be subject to trade secret
6protection specified in Section 25512. The unified program agency
7shall notify the secretary within 30 days after those requirements
8are adopted.

9(2) A site map that contains north orientation, loading areas,
10internal roads, adjacent streets, storm and sewer drains, access and
11exit points, emergency shutoffs, evacuation staging areas,
12hazardous material handling and storage areas, and emergency
13response equipment.

14(3) Emergency response plans and procedures in the event of a
15release or threatened release of a hazardous material, including,
16but not limited to, all of the following:

17(A) Immediate notification contacts to the appropriate local
18emergency response personnel and to the unified program agency.

19(B) Procedures for the mitigation of a release or threatened
20release to minimize any potential harm or damage to persons,
21property, or the environment.

22(C) Evacuation plans and procedures, including immediate
23notice, for the business site.

24(4) Training for all new employees and annual training,
25including refresher courses, for all employees in safety procedures
26in the event of a release or threatened release of a hazardous
27material, including, but not limited to, familiarity with the plans
28and procedures specified in paragraph (3). These training programs
29may take into consideration the position of each employee. This
30training shall be documented electronically or by hard copy and
31shall be made available for a minimum of three years.

32(b) A business required to file a pipeline operations contingency
33plan in accordance with the Elder California Pipeline Safety Act
34of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1
35of Division 1 of Title 5 of the Government Code) and the
36regulations of the Department of Transportation, found in Part 195
37(commencing with Section 195.0) of Subchapter D of Chapter I
38of Subtitle B of Title 49 of the Code of Federal Regulations, may
39file a copy of those plans with the unified program agency instead
P13   1of filing an emergency response plan specified in paragraph (3)
2of subdivision (a).

3(c) The emergency response plans and procedures, the inventory
4of information required by this article, and the site map required
5by this section shall be readily available to personnel of the
6business or the unified program facility with responsibilities for
7emergency response or training pursuant to this section.

8

SEC. 6.  

Section 25506 of the Health and Safety Code is
9repealed.

10

SEC. 7.  

Section 25506 is added to the Health and Safety Code,
11to read:

12

25506.  

(a) The secretary, in coordination with the office, shall
13specify the hazardous materials inventory that shall be submitted
14by handlers and the data to be collected and submitted for
15hazardous materials in quantities equal to or greater than the
16quantities specified in Section 25507 or as otherwise established
17by the governing body of the unified program agency by a local
18ordinance.

19(b) If required by the local fire chief, the business shall also file
20the addendum required by paragraph (4) of subdivision (e) of
21Section 25504.

22(c) (1) Except as provided in subdivision (d), the inventory
23 information required by this section shall also include all inventory
24 information required by Section 11022 of Title 42 of the United
25States Code.

26(2) The office may adopt or amend existing regulations
27specifying the inventory information required by this subdivision.

28(d) If, pursuant to federal law or regulation, as it currently exists
29or as it may be amended, the office determines that the inventory
30information required by subdivisions (a) and (c) is substantially
31equivalent to the inventory information required under the
32Emergency Planning and Community Right-to-Know Act of 1986
33(42 U.S.C. Sec. 11001 et seq.), the requirements of subdivisions
34(a) and (c) shall not apply.

35(e) This section shall not apply to hazardous materials that are
36described in subdivision (b) of Section 25507.

37

SEC. 8.  

Section 25507 of the Health and Safety Code is
38amended to read:

39

25507.  

(a) Except as provided in this article, a facility shall
40establish and implement a business plan for emergency response
P14   1to a release or threatened release of a hazardous material in
2accordance with the standards prescribed in the regulations adopted
3pursuant to Section 25503 if the facility meets any of the following
4conditions:

5(1) (A) The facility handles a hazardous material or a mixture
6containing a hazardous material that has a quantity at any one time
7during the reporting year that is equal to, or greater than, 55 gallons
8for materials that are liquids, 500 pounds for solids, or 200 cubic
9feet for compressed gas, as defined in subdivision (i) of Section
10 25501. The physical state and quantity present of mixtures shall
11be determined by the physical state of the mixture asbegin insert aend insert whole, not
12individual components, at standard temperature and pressure.

13(B) For the purpose of this section, for compressed gases, if a
14hazardous material or mixture is determined to exceed threshold
15quantities at standard temperature and pressure, it shall be reported
16in the physical state at which it is stored. If the material is an
17extremely hazardous substance, as defined in Section 355.61 of
18Title 40 of the Code of Federal Regulations, all amounts shall be
19reported in pounds.

20(2) The facility is required to submit chemical inventory
21information pursuant to Section 11022 of Title 42 of the United
22States Code.

23(3) The facility handles at any one time during the reporting
24year an amount of a hazardous material that is equal to, or greater
25than the threshold planning quantity, under both of the following
26conditions:

27(A) The hazardous material is an extremely hazardous substance,
28as defined in Section 355.61 of Title 40 of the Code of Federal
29Regulations.

30(B) The threshold planning quantity for that extremely hazardous
31substance listed in Appendices A and B of Part 355 (commencing
32with Section 355.1) of Subchapter J of Chapter I of Title 40 of the
33Code of Federal Regulations is less than 500 pounds.

34(4) The facility handles at any one time during the reporting
35year a total weight of 5,000 pounds for solids or a total volume of
36550 gallons for liquids, if the hazardous material is a solid or liquid
37substance that is classified as a hazard for purposes of Section
385194 of Title 8 of the California Code of Regulations solely as an
39irritant or sensitizer.

P15   1(5) The facility handles at any one time during the reporting
2year cryogenic, refrigerated, or compressed gas in a quantity of
31,000 cubic feet or more at standard temperature and pressure, if
4the gas is any of the following:

5(A) Classified as a hazard for the purposes of Section 5194 of
6Title 8 of the California Code of Regulations only for hazards due
7to simple asphyxiation or the release of pressure.

8(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained
9by a physician, dentist, podiatrist, veterinarian, pharmacist, or
10emergency medical service provider at his or her place of business.

11(C) Carbon dioxide.

12(D) Nonflammable refrigerant gases, as defined in the California
13Fire Code, that are used in refrigeration systems.

14(E) Gases used in closed fire suppression systems.

15(6) The facility handles a radioactive material at any one time
16during the reporting yearbegin delete that is handledend delete in quantities for which
17an emergency plan is required to bebegin delete adoptedend deletebegin insert consideredend insert pursuant
18tobegin insert Schedule C (Section 30.72) ofend insert Part 30 (commencing with Section
1930.1), Part 40 (commencing with Section 40.1), or Part 70
20(commencing with Section 70.1), of Chapter 1 of Title 10 of the
21Code of Federal Regulations, or pursuant to any regulations
22adopted by the state in accordance with those regulations.

23(7) The facility handles perchlorate material, as defined in
24subdivision (c) of Section 25210.5, in a quantity at any one time
25during the reporting year that is equal to, or greater than, the
26thresholds listed in paragraph (1).

27(b) The following hazardous materials are exempt from the
28requirements of this section:

29(1) Refrigerant gases, other than ammoniabegin insert or flammable gasend insert in
30a closed cooling system, that are used for comfort or space cooling
31for computer rooms.

32(2) Compressed air in cylinders, bottles, and tanks used by fire
33departments and other emergency response organizations for the
34purpose of emergency response and safety.begin delete These materials are
35exempt from this article.end delete

36(3) (A) Lubricating oil, if the total volume of each type of
37lubricating oil handled at a facility does not exceed 55 gallons and
38the total volume of all types of lubricating oil handled at that
39facility does not exceed 275 gallons, at any one time.

P16   1(B) For purposes of this paragraph, “lubricating oil” means oil
2 intended for use in an internal combustion crankcase, or the
3transmission, gearbox, differential, or hydraulic system of an
4automobile, bus, truck, vessel, airplane, heavy equipment, or other
5machinery powered by an internal combustion or electric powered
6engine. “Lubricating oil” does not include used oil, as defined in
7subdivision (a) of Section 25250.1.

8(4) Both of the following, if the aggregate storage capacity of
9oil at the facility is less than 1,320 gallons:

10(A) Fluid in a hydraulic system.

11(B) Oil-filled electrical equipment that is not contiguous to an
12electric facility.

13(5) Hazardous material contained solely in a consumer product,
14handled at, and found in, a retail establishment and intended for
15sale to, and for the use by, the public. The exemption provided for
16in this paragraph shall not apply to a consumer product handled
17at the facility which manufactures that product, or a separate
18warehouse or distribution center of that facility, or where a product
19is dispensed on the retail premises.

20(6) Propane that is for on-premises use, storage, or both, in an
21amount not to exceed 500 gallonsbegin insert,end insert that is for the sole purpose of
22cooking, heating employee work areas, and heatingbegin delete water,end deletebegin insert waterend insert
23 within that business, unless the uniform program agency finds,
24and provides notice to the business handling the propane, that the
25handling of the on-premise propane requires the submission of a
26business plan, or any portion of a business plan, in response to
27public health, safety, or environmental concerns.

28(c) In addition to the authority specified in subdivision (e), the
29 governing body of the unified program agency may, in exceptional
30circumstances, following notice and public hearing, exempt a
31hazardous material specified in subdivision (n) of Section 25501
32from Section 25506, if it is found that the hazardous material would
33not pose a present or potential danger to the environment or to
34human health and safety if the hazardous material was released
35into the environment. The unified program agency shall send a
36notice to the office and the secretary within 15 days from the
37effective date of any exemption granted pursuant to this
38subdivision.

39(d) The unified program agency, upon application by a handler,
40may exempt the handler, under conditions that the unified program
P17   1agency determines to be proper, from any portion of the
2requirements to establish and maintain a business plan, upon a
3written finding that the exemption would not pose a significant
4present or potential hazard to human health or safety or to the
5environment, or affect the ability of the unified program agency
6and emergency response personnel to effectively respond to the
7release of a hazardous material, and that there are unusual
8circumstances justifying the exemption. The unified program
9agency shall specify in writing the basis for any exemption under
10this subdivision.

11(e) The unified program agency, upon application by a handler,
12may exempt a hazardous material from the inventory provisions
13of this article upon proof that the material does not pose a
14significant present or potential hazard to human health and safety
15or to the environment if released into the workplace or
16environment. The unified program agency shall specify in writing
17the basis for any exemption under this subdivision.

18(f) The unified program agency shall adopt procedures to
19provide for public input when approving applications submitted
20pursuant to subdivisions (d) and (e).

21begin insert

begin insertSEC. 8.5.end insert  

end insert

begin insertSection 25507 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
22amended to read:end insert

23

25507.  

(a) Except as provided in this article, abegin delete businessend deletebegin insert facilityend insert
24 shall establish and implement a business plan for emergency
25response to a release or threatened release of a hazardous material
26in accordance with the standards prescribed in the regulations
27adopted pursuant to Section 25503 if thebegin delete businessend deletebegin insert facilityend insert meets
28any of the following conditions:

29(1) begin insert(A)end insertbegin insertend insertThebegin delete businessend deletebegin insert facilityend insert handles a hazardous material or a
30mixture containing a hazardous material that has a quantity at any
31one time during the reporting year that is equal to, or greater than,
3255 gallons for materials that are liquids, 500 pounds for solids, or
33200 cubic feet for compressedbegin delete gasend deletebegin insert gas, as defined in subdivision
34(i) of Section 25501end insert
. The physical state and quantity present of
35mixtures shall be determined by the physical state of the mixture
36asbegin insert aend insert whole, not individual components, at standard temperature
37and pressure.

begin insert

38(B) For the purpose of this section, for compressed gases, if a
39hazardous material or mixture is determined to exceed threshold
40quantities at standard temperature and pressure, it shall be
P18   1reported in the physical state at which it is stored. If the material
2is an extremely hazardous substance, as defined in Section 355.61
3of Title 40 of the Code of Federal Regulations, all amounts shall
4be reported in pounds.

end insert

5(2) Thebegin delete businessend deletebegin insert facilityend insert is required to submit chemical inventory
6information pursuant to Section 11022 of Title 42 of the United
7States Code.

8(3) Thebegin delete businessend deletebegin insert facilityend insert handles at any one time during the
9reporting year an amount of a hazardous material that is equal to,
10or greater than the threshold planning quantity, under both of the
11following conditions:

12(A) The hazardous material is an extremely hazardous substance,
13as defined in Section 355.61 of Title 40 of the Code of Federal
14Regulations.

15(B) The threshold planning quantity for that extremely hazardous
16substance listed in Appendices A and B of Part 355 (commencing
17with Section 355.1) of Subchapter J of Chapter I of Title 40 of the
18Code of Federal Regulations is less than 500 pounds.

19(4) (A) begin deleteThe business end deletebegin insertExcept as provided in subparagraph (B),
20the facility end insert
handles at any one time during the reporting year a total
21weight of 5,000 pounds for solids or a total volume of 550 gallons
22for liquids, if the hazardous material is a solid or liquid substance
23that is classified as a hazard for purposes of Section 5194 of Title
248 of the California Code of Regulations solely as an irritant or begin delete25 sensitizer, unless the unified program agency finds, and provides
26notice to the business handling the product, that the handling of
27lesser quantities of that hazardous material requires the submission
28of a business plan, or any portion of a business plan, in response
29to public health, safety, or environmental concernsend delete
begin insert sensitizerend insert.

begin delete

30(B) The unified program agency shall make the findings required
31by subparagraph (A) in consultation with the local fire chief.

end delete
begin insert

32(B) If the hazardous material handled by the facility is a paint
33that will be recycled or otherwise managed under an architectural
34paint recovery program approved by the Department of Resources
35Recovery and Recycling pursuant to Chapter 5 (commencing with
36Section 48700) of Part 7 of Division 30 of the Public Resources
37Code, the facility is required to establish and implement a business
38plan only if the facility handles at any one time during the reporting
39year a total weight of 10,000 pounds of solid hazardous materials
40or a total volume of 1,000 gallons of liquid hazardous materials.

end insert

P19   1(5) begin delete(A)end deletebegin deleteend deleteThebegin delete businessend deletebegin insert facilityend insert handles at any one time during
2the reporting yearbegin delete a totalend deletebegin insert cryogenic, refrigerated, or compressed
3gas in a quantityend insert
of 1,000 cubicbegin delete feet, if the hazardous material is
4a compressed gas and is classified as a hazard for the purposes of
5Section 5194 of Title 8 of the California Code of Regulations solely
6as a compressed gas, unless the unified program agency finds, and
7provides notice to the business handling the product, that the
8handling of lesser quantities of that hazardous material requires
9the submission of a business plan, or any portion thereof, in
10response to public health, safety, or environmental concerns.end delete
begin insert feet
11or more at standard temperature and pressure, if the gas is any
12of the following:end insert

begin delete

13(B) The unified program agency shall make the findings required
14by subparagraph (A) in consultation with the local fire chief.

end delete
begin delete

15(C) The hazardous materials subject to subparagraph (A) include
16a gas for which the only health and physical hazards are simple
17asphyxiation and

end delete
begin delete

18 the release of pressure.

end delete
begin delete

19(D) The hazardous materials subject to subparagraph (A) do
20not include gases in a cryogenic state.

end delete
begin insert

21(A) Classified as a hazard for the purposes of Section 5194 of
22Title 8 of the California Code of Regulations only for hazards due
23to simple asphyxiation or the release of pressure.

end insert
begin insert

24(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained
25by a physician, dentist, podiatrist, veterinarian, pharmacist, or
26emergency medical service provider at his or her place of business.

end insert
begin insert

27(C) Carbon dioxide.

end insert
begin insert

28(D) Nonflammable refrigerant gases, as defined in the California
29Fire Code, that are used in refrigeration systems.

end insert
begin insert

30(E) Gases used in closed fire suppression systems.

end insert

31(6) Thebegin delete businessend deletebegin insert facilityend insert handles a radioactive material at any
32one time during the reporting yearbegin delete that is handledend delete in quantities for
33which an emergency plan is required to bebegin delete adoptedend deletebegin insert consideredend insert
34 pursuant tobegin insert Schedule C (Section 30.72) ofend insert Part 30 (commencing
35with Section 30.1), Part 40 (commencing with Section 40.1), or
36Part 70 (commencing with Section 70.1), of Chapter 1 of Title 10
37of the Code of Federal Regulations, or pursuant to any regulations
38adopted by the state in accordance with those regulations.

39(7) Thebegin delete businessend deletebegin insert facilityend insert handles perchlorate material, as defined
40in subdivision (c) of Section 25210.5, in a quantity at any one time
P20   1during the reporting year that is equal to, or greater than, the
2thresholds listed in paragraph (1).

begin delete

3(b) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained
4by a physician, dentist, podiatrist, veterinarian, or pharmacist, at
5his or her office or place of business, stored at each office or place
6of business in quantities of not more than 1,000 cubic feet of each
7material at any one time, are exempt from this section and from
8Section 25506. The unified program agency may require a one-time
9inventory of these materials for a fee not to exceed fifty dollars
10($50) to pay for the costs incurred by the agency in processing the
11inventory forms.

end delete
begin insert

12(b) The following hazardous materials are exempt from the
13requirements of this section:

end insert
begin insert

14(1) Refrigerant gases, other than ammonia or flammable gas
15in a closed cooling system, that are used for comfort or space
16cooling for computer rooms.

end insert
begin insert

17(2) Compressed air in cylinders, bottles, and tanks used by fire
18departments and other emergency response organizations for the
19purpose of emergency response and safety.

end insert
begin delete

20(c) (1) 

end delete

21begin insert(3)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertLubricatingbegin delete oil is exempt from this section and Sections
2225506 and 25508, for a single business facilityend delete
begin insert oilend insert, if the total
23volume of each type of lubricating oil handled atbegin delete thatend deletebegin insert aend insert facility
24does not exceed 55 gallons and the total volume of all types of
25lubricating oil handled at that facility does not exceed 275 gallons,
26at any one time.

begin delete

27(2)

end delete

28begin insert(B)end insert For purposes of this paragraph, “lubricating oil” means oil
29intended for use in an internal combustion crankcase, or the
30transmission, gearbox, differential, or hydraulic system of an
31automobile, bus, truck, vessel, airplane, heavy equipment, or other
32machinery powered by an internal combustion or electric powered
33engine. “Lubricating oil” does not include used oil, as defined in
34subdivision (a) of Section 25250.1.

begin insert

35(4) Both of the following, if the aggregate storage capacity of
36oil at the facility is less than 1,320 gallons:

end insert
begin insert

37(A) Fluid in a hydraulic system.

end insert
begin delete

38(d)

end delete

39begin insert(B)end insert Oil-filled electrical equipment that is not contiguous to an
40electricbegin delete facility is exempt from this section and Sections 25506
P21   1and 25508 if the aggregate capacity is less than 1,320 gallonsend delete

2begin insert facilityend insert.

begin insert

3(5) Hazardous material contained solely in a consumer product,
4handled at, and found in, a retail establishment and intended for
5sale to, and for the use by, the public. The exemption provided for
6in this paragraph shall not apply to a consumer product handled
7at the facility which manufactures that product, or a separate
8warehouse or distribution center of that facility, or where a product
9is dispensed on the retail premises.

end insert
begin delete

10(e) Hazardous material contained solely in a consumer product
11for direct distribution to, and use by, the general public is exempt
12from the business plan requirements of this article unless the
13unified program agency has found, and has provided

end delete

14begin insert(6)end insertbegin insertend insertbegin insertPropane that is for on-premises use, storage, or both, in an
15amount not to exceed 500 gallons, that is for the sole purpose of
16cooking, heating employee work areas, and heating water within
17that business, unless the uniform program agency finds, and
18provides end insert
notice to the business handling thebegin delete productend deletebegin insert propaneend insert, that
19the handling ofbegin delete certain quantities of the productend deletebegin insert the on-premise
20propaneend insert
requires the submission of a business plan, or any portion
21begin delete thereofend deletebegin insert of a business planend insert, in response to public health, safety, or
22environmental concerns.

begin delete

23(f)

end delete

24begin insert(c)end insert In addition to the authority specified in subdivisionbegin delete (h)end deletebegin insert (e)end insert,
25the governing body of the unified program agency may, in
26exceptional circumstances, following notice and public hearing,
27exempt a hazardousbegin delete substanceend deletebegin insert materialend insert specified in subdivision
28begin delete (o)end deletebegin insert (n)end insert of Section 25501 from Section 25506, if it is found that the
29hazardousbegin delete substanceend deletebegin insert materialend insert would not pose a present or potential
30danger to the environment or to human health and safety if the
31hazardousbegin delete substanceend deletebegin insert materialend insert was released into the environment.
32The unified program agency shall send a notice to the office and
33the secretary within 15 days from the effective date of any
34exemption granted pursuant to this subdivision.

begin delete

35(g)

end delete

36begin insert(d)end insert The unified program agency, upon application by a handler,
37may exempt the handler, under conditions that the unified program
38agency determines to be proper, from any portion of the
39requirements to establish and maintain a business plan, upon a
40written finding that the exemption would not pose a significant
P22   1present or potential hazard to human health or safety or to the
2environment, or affect the ability of the unified program agency
3and emergencybegin delete rescueend deletebegin insert responseend insert personnel to effectively respond
4to the release of a hazardous material, and that there are unusual
5circumstances justifying the exemption. The unified program
6agency shall specify in writing the basis for any exemption under
7this subdivision.

begin delete

8(h)

end delete

9begin insert(e)end insert The unified program agency, upon application by a handler,
10may exempt a hazardous material from the inventory provisions
11of this article upon proof that the material does not pose a
12significant present or potential hazard to human health and safety
13or to the environment if released into the workplace or
14environment. The unified program agency shall specify in writing
15the basis for any exemption under this subdivision.

begin delete

16(i)

end delete

17begin insert(f)end insert The unified program agency shall adopt procedures to provide
18for public input when approving applications submitted pursuant
19to subdivisionsbegin delete (g)end deletebegin insert (d)end insert andbegin delete (h)end deletebegin insert (e)end insert.

20

SEC. 9.  

Section 25507.1 of the Health and Safety Code is
21amended to read:

22

25507.1.  

(a) A unified program agency shall exempt a business
23operating a farm for purposes of cultivating the soil or raising or
24harvesting any agricultural or horticultural commodity from filing
25the information in the business plan required by paragraphs (3)
26and (4) of subdivision (a) of Section 25505 if all of the following
27requirements are met:

28(1) The agricultural handler annually submits the facility
29information and inventory required by Section 25506 to the
30statewide information management system.

31(2) Each building in which hazardous materials subject to this
32article are stored is posted with signs, in accordance with
33regulations that the office shall adopt, that provide notice of the
34storage of any of the following:

35(A) Pesticides.

36(B) Petroleum fuels and oil.

37(C) Types of fertilizers.

38(3) The agricultural handler provides the training programs
39specified in paragraph (4) of subdivision (a) of Section 25505.

P23   1(b) The unified program agency may designate the county
2agricultural commissioner to conduct the inspections of agricultural
3handlers. The agricultural commissioner shall schedule and conduct
4inspections in accordance with Section 25511.

5

SEC. 10.  

Section 25507.2 of the Health and Safety Code is
6amended to read:

7

25507.2.  

Unless required by a local ordinance, the unified
8program agency shall exempt an unstaffed facility located at least
9one-half mile from the nearest occupied structure from Sections
1025508.2 and 25511, and shall subject the facility to Sections 25505,
1125506, and 25507 only as specified in this section, if the facility
12is not otherwise subject to the requirements of applicable federal
13law, and all of the following requirements are met:

14(a) The types and quantities of materials onsite are limited to
15one or more of the following:

16(1) One thousand standard cubic feet of compressed inert gases
17(asphyxiation and pressure hazards only).

18(2) Five hundred gallons of combustible liquid used as a fuel
19source.

20(3) Corrosive liquids, not to exceed 500 pounds of extremely
21hazardous substances, used as electrolytes, and in closed containers.

22(4) Five hundred gallons of lubricating and hydraulic fluids.

23(5) One thousand two hundred gallons of hydrocarbon gas used
24as a fuel source.

25(6) Any quantity of mineral oil contained within electrical
26equipment, such as transformers, bushings, electrical switches,
27and voltage regulators, if the spill prevention control and
28countermeasure plan has been prepared for quantities that meet or
29exceed 1,320 gallons.

30(b) The facility is secured and not accessible to the public.

31(c) Warning signs are posted and maintained for hazardous
32materials pursuant to the California Fire Code.

33(d) (1) Notwithstanding Sections 25505 and 25507, a one-time
34business plan, except for the emergency response plan and training
35elements specified in paragraphs (3) and (4) of subdivision (a) of
36Section 25505, is submitted to the statewide information
37management system. This one-time business plan submittal is
38subject to a verification inspection by the unified program agency
39and the unified program agency may assess a fee not to exceed the
P24   1actual costs of processing and for inspection, if an inspection is
2conducted.

3(2) If the information contained in the one-time submittal of the
4business plan changes and the time period of the change is longer
5than 30 days, the business plan shall be resubmitted within 30 days
6to the statewide information management system to reflect any
7change in the business plan. A fee not to exceed the actual costs
8of processing and inspection, if conducted, may be assessed by
9the unified program agency.

10

SEC. 11.  

Section 25508 of the Health and Safety Code is
11amended to read:

12

25508.  

(a) (1) begin insert(A)end insertbegin insertend insertA handler shall electronically submit its
13business plan annually to the statewide information management
14system in accordance with the requirements of this article and
15certify that the business plan meets the requirements of this article.

begin insert

16(B) The unified program agency shall establish an annual date
17by which a handler shall electronically submit the business plan.
18If a unified program agency does not otherwise establish an annual
19date, the handler shall submit the business plan on or before March
20 1.

end insert

21(2) If, after review, the unified program agency determines that
22the handler’s business plan is deficient in satisfying the
23requirements of this article or the regulations adopted pursuant to
24Section 25503, the unified program agency shall notify the handler
25of those deficiencies. The handler shall electronically submit a
26corrected business plan within 30 days from the date of the notice.

27(3) If a handler fails, after reasonable notice, to electronically
28submit a business plan in compliance with this article, the unified
29program agency shall take appropriate action to enforce this article,
30including the imposition of administrative, civil, and criminal
31penalties as specified in this article.

32(4) For data not adopted in the manner established under the
33standards adopted pursuant to subdivision (e) of Section 25404,
34and that is reported using a document format, the use of a reporting
35method accepted by the statewide information management system
36shall be considered compliant with the requirement to submit that
37data. If the reporting option used does not support public records
38requests from the public, the handler shall provide requested
39documents to the unified program agency within 10 business days
40of a request from the unified program agency.

P25   1(b) Except as required by paragraph (1) of subdivision (a) of
2Section 65850.2 of the Government Code, a business required to
3establish, implement, and electronically submit a business plan
4pursuant to subdivision (a) shall not be deemed to be in violation
5of this article until 30 days after the business becomes subject to
6subdivision (a).

7(c) This section shall not require the submission of information
8concerning the hazardous materials described in subdivision (b)
9of Section 25507.

10

SEC. 12.  

Section 25508.1 of the Health and Safety Code is
11amended to read:

12

25508.1.  

Within 30 days of any one of the following events,
13a business subject to this article shall electronically update the
14information submitted to the statewide information management
15system:

16(a) A 100 percent or more increase in the quantity of a
17previously disclosed material.

18(b) Any handling of a previously undisclosed hazardous material
19subject to the inventory requirements of this article.

20(c) Change of business address.

21(d) Change of business ownership.

22(e) Change of business name.

23(f) (1) A substantial change in the handler’s operations occurs
24that requires modification to any portion of the business plan.

25(2) For thebegin delete purposesend deletebegin insert purposeend insert of this subdivision, “substantial
26change” means any change in a regulated facility that would inhibit
27immediate response during an emergency by either site personnel
28or emergency response personnel, or that could inhibit the handler’s
29ability to comply with Section 25507, change the operational
30knowledge of the facility, or impede implementation of the business
31plan.

begin delete32

SEC. 13.  

Section 25508.2 of the Health and Safety Code is
33amended to read:

34

25508.2.  

At least once every 12 months, the business owner,
35operator, or officially designated representative shall review, and
36certify that the information in the business plan submitted pursuant
37to Section 25508 in the statewide information management system
38is complete, accurate, up to date, and in compliance with Section
3911022 of Title 42 of the United States Code. The annual electronic
P26   1submittal to the statewide information management system required
2pursuant to Section 25508 satisfies this section.

end delete
3begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 25508.2 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
4repealed.end insert

begin delete
5

25508.2.  

At least once every 12 months, the business owner,
6operator, or officially designated representative shall review and
7certify that the information in the statewide information
8management system has been verified and is complete, accurate,
9and up to date and that it contains the information required by
10Section 11022 of Title 42 of the United States Code. An annual
11electronic submittal to the statewide information management
12system satisfies this requirement.

end delete
13begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 25508.2 is added to the end insertbegin insertHealth and Safety
14Code
end insert
begin insert, to read:end insert

begin insert
15

begin insert25508.2.end insert  

On or before the annual due date established pursuant
16to subparagraph (B) of paragraph (1) of subdivision (a) of Section
1725508, the business owner, business operator, or officially
18designated representative of the business shall review and certify
19that the information in the statewide information management
20system is complete, accurate, and in compliance with Section 11022
21of Title 42 of the United States Code. An annual electronic
22submittal to the statewide information management system satisfies
23the certification requirement of this section.

end insert
24

begin deleteSEC. 14.end delete
25begin insertSEC. 15.end insert  

Section 25509 of the Health and Safety Code is
26amended to read:

27

25509.  

(a) The unified program agency shall maintain its
28administrative procedures with regard to maintaining records and
29responding to requests for information in accordance with
30Subdivision 4 (commencing with Section 15100) of Division 1 of,
31and Division 3 of, Title 27 of the California Code of Regulations,
32as those regulations read on January 1, 2014.

33(b) The unified program agency shall make the information in
34the statewide information management system submitted pursuant
35to this article available for public inspection during the regular
36working hours of the unified program agency, except the
37information specifying the precise location where hazardous
38materials are stored and handled onsite, including any maps
39required by paragraph (2) of subdivision (a) of Section 25505.

P27   1(c) The unified program agency shall make the information in
2the statewide information management system submitted pursuant
3to this article available to a requesting government agency that is
4authorized by law to access the information.

5(d) A person who submits inventory information required under
6Section 25506 with the unified program agency shall be deemed
7to have filed the inventory form required by Section 11022(a) of
8Title 42 of the United States Code with the state emergency
9response commission and local emergency planning committees
10established pursuant to Section 11001 of Title 42 of the United
11States Code.

12

begin deleteSEC. 15.end delete
13begin insertSEC. 16.end insert  

Section 25510 of the Health and Safety Code is
14amended to read:

15

25510.  

(a) Except as provided in subdivision (b), the handler
16or an employee, authorized representative, agent, or designee of
17a handler, shall, upon discovery, immediately report any release
18or threatened release of a hazardous material to the unified program
19agency, and to the office, in accordance with the regulations
20adopted pursuant to this section. The handler or an employee,
21authorized representative, agent, or designee of the handler shall
22provide all state, city, or county fire or public health or safety
23personnel and emergency response personnel with access to the
24handler’s facilities.

25(b) Subdivision (a) does not apply to a person engaged in the
26transportation of a hazardous material on a highway that is subject
27to, and in compliance with, the requirements of Sections 2453 and
2823112.5 of the Vehicle Code.

29(c) On or before January 1, 2016, the office shall adopt
30regulations to implement this section. In developing these
31regulations, the office shall closely consult with representatives
32from regulated entities, appropriate trade associations, fire service
33organizations, federal, state, and local organizations, including
34unified program agencies, and other interested parties.

35(d) The unified program agency shall maintain one or more
36nonemergency contact numbers for release reports that do not
37require immediate agency response. The unified program agency
38shall promptly communicate changes to this information to
39regulated facilities and to the office.

P28   1

begin deleteSEC. 16.end delete
2begin insertSEC. 17.end insert  

Section 25510.3 of the Health and Safety Code is
3amended to read:

4

25510.3.  

The emergency response personnel, responding to
5the reported release or threatened release of a hazardous material,
6or of a regulated substance, as defined in Section 25532, or to any
7fire or explosion involving a material or substance that involves a
8release that would be required to be reported pursuant to Section
925510, shall immediately advise the superintendent of the school
10district having jurisdiction,begin delete whereend deletebegin insert ifend insert the location of the release or
11threatened release is within one-half mile of a school.

12

begin deleteSEC. 17.end delete
13begin insertSEC. 18.end insert  

Section 25511 of the Health and Safety Code is
14amended to read:

15

25511.  

(a) In order to carry out the purposes of this article and
16Article 2 (commencing with Section 25531), an employee or
17authorized representative of a unified program agency has the
18authority specified in Section 25185, with respect to the premises
19of a handler, and in Section 25185.5, with respect to real property
20that is within 2,000 feet of the premises of a handler, except that
21this authority shall include conducting inspections concerning
22hazardous material, in addition to hazardous waste.

23(b) In addition to the requirements of Section 25537, the unified
24program agency shall conduct inspections of every business subject
25to this article at least once every three years to determine if the
26business is in compliance with this article. The unified program
27agency shall give priority, when conducting these inspections, to
28inspecting facilities that are required to prepare a risk management
29plan pursuant to Article 2 (commencing with Section 25531). In
30establishing a schedule for conducting inspections pursuant to this
31section, the unified program agency may adopt and use an index
32of the volatility, toxicity, and quantity of regulated substances and
33hazardous materials. A unified program agency shall attempt to
34schedule the inspections conducted pursuant to this section and
35Section 25537, when applicable, during the same time period.

36(c) Pursuant to a written agreement, the unified program agency
37may designate the county agricultural commissioner to conduct
38the inspection of agricultural handlers for purposes of Section
3925507.1. The agreement shall address the inspection, reporting,
40training,begin delete enforcementend deletebegin insert enforcement,end insert and cost recovery requirements
P29   1to conduct the inspection of agricultural handlers. If designated,
2the agricultural commissioner shall schedule and conduct
3inspections in accordance with this section.

4

begin deleteSEC. 18.end delete
5begin insertSEC. 19.end insert  

Section 25515.5 of the Health and Safety Code is
6amended to read:

7

25515.5.  

(a) All criminal penalties collected pursuant to this
8article shall be apportioned in the following manner:

9(1) Fifty percent shall be paid to the office of the city attorney,
10district attorney, or Attorney General, whichever office brought
11the action.

12(2) Fifty percent shall be paid to the agency which is responsible
13for the investigation of the action.

14(b) All civil penalties collected pursuant to this chapter shall be
15apportioned in the following manner:

16(1) Fifty percent shall be paid to the office of the city attorney,
17district attorney, or Attorney General, whichever office brought
18the action.

19(2) Fifty percent shall be paid to the agency responsible for the
20investigation of the action.

21(c) If a reward is paid to a person pursuant to Section 25516,
22the amount of the reward shall be deducted from the amount of
23the criminal or civil penalty before the amount is apportioned
24pursuant to subdivisions (a) and (b).

25

begin deleteSEC. 19.end delete
26begin insertSEC. 20.end insert  

No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28a local agency or school district has the authority to levy service
29charges, fees, or assessments sufficient to pay for the program or
30level of service mandated by this actbegin delete orend deletebegin insert andend insert because costs that may
31be incurred by a local agency or school district will be incurred
32because this act creates a new crime or infraction, eliminates a
33crime or infraction, or changes the penalty for a crime or infraction,
34within the meaning of Section 17556 of the Government Code, or
35changes the definition of a crime within the meaning of Section 6
36of Article XIII B of the California Constitution.

37begin insert

begin insertSEC. 21.end insert  

end insert
begin insert

Section 8.5 of this bill incorporates amendments to
38Section 25507 of the Health and Safety Code proposed by both
39this bill and Assembly Bill 2748. It shall only become operative if
40(1) both bills are enacted and become effective on or before
P30   1January 1,2015, (2) each bill amends Section 25507 of the Health
2and Safety Code, and (3) this bill is enacted after Assembly Bill
32748, in which case Section 8 of this bill shall not become
4operative.

end insert


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