BILL ANALYSIS Ó
SB 1261
Page 1
SENATE THIRD READING
SB 1261 (Jackson)
As Amended June 12, 2014
Majority vote
SENATE VOTE :29-5
ENVIRONMENTAL SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Alejo, Dahle, Bloom, |Ayes:|Gatto, Bigelow, |
| |Donnelly, Gomez, | |Bocanegra, Bradford, Ian |
| |Lowenthal, Ting | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Lowenthal |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : 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
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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
retail pesticide supply companies to be subject to business
plans and reporting.
7) Provides that only non-flammable gases defined in the
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 : According to the Assembly Appropriations
Committee, costs for this bill would be minor and absorbable
within the existing Cal/EPA budget.
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:
1)Hazardous Materials Release Response Plans and Inventories;
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2)California Accidental Release Prevention Program;
3)Underground Storage Tank Program;
4)Aboveground Petroleum Storage Act;
5)Hazardous Waste Generator and Onsite Hazardous Waste Treatment
Programs; and,
6)California Uniform Fire Code: Hazardous Material Management
Plans and Hazardous Material Inventory Statements.
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.
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 and Toxic Materials Committee) of
the current legislative session, 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.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN:
0004232