BILL ANALYSIS Ó
SB 1261
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Date of Hearing: June 17, 2014
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
SB 1261 (Jackson) - As Amended: June 12, 2014
SENATE VOTE : 29-5
SUBJECT : Hazardous materials: business plans.
SUMMARY : This bill revises and recasts the area and business
plan requirements for certified unified program agencies
(CUPAs). Specifically, this bill :
1)Requires the California Environmental Protection Agency
(Cal/EPA), in coordination with Office of Emergency Services
(OES), to specify the hazardous materials inventory required
to be submitted by handlers, including the data to be
collected and submitted for hazardous materials. Revises the
information required to be included in the business plan, and
makes other updates to the unified hazardous waste and
hazardous materials management regulatory program.
2)Requires the CUPAs to exempt from specified reporting
requirements an unstaffed facility located at least one-half
mile from the nearest occupied structure, unless required by a
local ordinance. Requires the facility to make a one-time
business plan submittal that will not be required to include
specified elements of the plan and repeals the authorization
for the CUPA to require an unstaffed remote facility to submit
a plan and inventory.
3)Requires the handler to submit the business plan annually, and
requires a business to at least annually review and verify
that the business plan information in the statewide
information management system meets specified requirements.
4)Requires the CUPA to make the information in the statewide
information management system available to the public.
5) Provides a definition of "Consumer Product" to specify
that consumer products are not subject to business plan
requirements.
6) Limits the definition of retail establishment to require
SB 1261
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retail pesticide supply companies to be subject to business
plans and reporting.
7) Provides that only non-flammable gases defined in
California Fire Code for use in refrigeration systems and
refrigerant gases, other than ammonia, in a closed system
used in comfort or space cooling for computer rooms are
exempt from business plans.
EXISTING LAW :
1)Requires Cal/EPA to adopt regulations and implement a unified
hazardous waste and hazardous materials management regulatory
program.
2) Establishes the respective responsibilities of unified
program agencies, designated to implement that unified
program, and requires the Secretary of Cal/EPA to establish
a statewide information management system for purposes of
receiving data collected by unified program agencies.
3) Establishes the responsibility of a local administering
agency authorized to implement and enforce provisions that
require (a) the administering agency to establish area
plans for emergency response to a release or threatened
release of a hazardous material, and, (b) a business that
handles a hazardous material to establish and implement a
business plan for such a response. Authorizes a CUPA to
implement and enforce these provisions as an administering
agency.
4) Specifies the contents of the business plan required of
the hazardous materials handler and requires the plan to be
submitted to the administering agency. Requires the
administering agency to submit to the OES the area plan, a
plan to conduct onsite inspection, and a plan to institute
a data management system.
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FISCAL EFFECT : Unknown.
COMMENTS :
Need for the bill : According to the author, "SB 1261 updates,
rearranges, and clarifies Health and Safety Code Chapter 6.95,
Article 1 Section 25500 et seq. The purpose of the bill is to
modernize the provisions of this statute, which addresses the
unified hazardous and hazardous materials management regulatory
program. These changes will ensure that the program functions
more efficiently and effectively."
Certified Unified Program Agencies . The Secretary of Cal/EPA
has established a "unified hazardous waste and hazardous
materials management" regulatory program (Unified Program).
Currently, there are 83 CUPAs in California. The Unified
Program consolidates, coordinates the following six existing
programs:
a) Hazardous Materials Release Response Plans and
Inventories (Business Plans);
b) California Accidental Release Prevention (CalARP)
Program;
c) Underground Storage Tank Program;
d) Aboveground Petroleum Storage Act;
e) Hazardous Waste Generator and Onsite Hazardous Waste
Treatment Programs; and,
f) California Uniform Fire Code: Hazardous Material
Management Plans and Hazardous Material Inventory
Statements.
Electronic reporting and CERS : All regulated businesses and
local governments are required to submit their regulatory
reports electronically by 2013. Regulated businesses can report
using Cal/EPA's California Environmental Reporting System (CERS)
or directly to their local regulatory agency.
Related legislation :
AB 1620 (Wieckowski, Chapter 190, Statutes of 2012). Modified
the definition of hazardous waste treatment so that various
types of activities that often take place when hazardous wastes
are accumulated or stored are exempted from the regulatory
requirements that apply to hazardous waste treatment facilities.
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SB 483 (Jackson, Chapter 419, Statutes of 2013). Made various
changes to update, rearrange, and clarify provisions of the
health and safety related to CUPAs.
AB 2748 (Environmental Safety Committee). Provides that a
business that handles paint that will be recycled or otherwise
managed under an architectural paint recovery program approved
by the Department of Resources Recycling and Recovery is only
required to establish and implement a hazardous materials
business plan if it handles postconsumer (leftover) paint above
specified quantities. This bill is currently pending in the
Senate Environmental Quality Committee.
REGISTERED SUPPORT / OPPOSITION :
Support :
California Association of Environmental Health Administrators
(co-sponsor)
California Council for Environmental and Economic Balance
(co-sponsor)
California Fire Chiefs Association (co-sponsor)
California State Firefighters' Association
Fresno Metropolitan Flood Control District
Opposition
None received.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965