BILL ANALYSIS Ó SB 1261 Page 1 Date of Hearing: July 2, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 1261 (Jackson) - As Amended: June 12, 2014 Policy Committee: Environmental Safety and Toxic Materials Vote: 7-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No 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. 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 unstaffed facilities located at least one-half mile from the nearest occupied structure from specified reporting requirements, unless required by a local ordinance. 3)Requires handlers to submit business plans annually, and requires businesses to at least annually review and verify the business plan information in the statewide information management system meets specified requirements. 4)Requires CUPAs 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. Limits the definition of retail establishment to require retail pesticide supply companies to be subject to business plans and reporting. SB 1261 Page 2 6) 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. FISCAL EFFECT Minor and absorbable costs to CalEPA. COMMENTS 1)Purpose. According to the author, the purpose of this bill is to modernize the unified hazardous waste and hazardous materials regulatory program to ensure the program functions more efficiently and effectively. 2)Backround. Existing law requires CalEPA to implement a unified hazardous waste and hazardous materials program, including a statewide information management system. A city or local agency that meets specified requirements is authorized to apply to the Secretary of CalEPA to be certified as a CUPA and implement a 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. f) California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements. All regulated businesses and local governments are required to submit their regulatory reports by 2013. Regulated businesses SB 1261 Page 3 may report using the CalEPA's California Environmental Reporting System (CERS) or directly to their local regulatory agency. Analysis Prepared by : Jennifer Galehouse / APPR. / (916) 319-2081