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.








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             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  








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            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