BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 1261
Author: Jackson (D)
Amended: 8/20/14
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-2, 4/30/14
AYES: Hill, Hancock, Jackson, Leno, Pavley
NOES: Gaines, Fuller
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SENATE FLOOR : 29-5, 5/29/14
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De León, DeSaulnier, Evans, Gaines, Galgiani, Hancock,
Hernandez, Hill, Huff, Jackson, Lara, Leno, Liu, Mitchell,
Monning, Padilla, Pavley, Roth, Steinberg, Torres, Wolk,
Wyland
NOES: Fuller, Knight, Morrell, Vidak, Walters
NO VOTE RECORDED: Calderon, Hueso, Lieu, Nielsen, Wright, Yee
ASSEMBLY FLOOR : 79-0, 8/25/14 - See last page for vote
SUBJECT : Hazardous materials: business plans
SOURCE : California Association of Environmental Health
Administrators
California Council for Environmental and Economic
Balance
California Fire Chiefs Association
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DIGEST : This bill revises and recasts the area and business
plan requirements for certified unified program agencies
(CUPAs).
Assembly Amendments add double-jointing language with AB 2748
(Environmental Safety and Toxic Materials Committee) related to
architectural paint recovery program; provide a mechanism for a
handler or local governing body to add a hazardous material not
included in the definition of hazardous materials through a
local ordinance; clarify radioactive material reporting
requirements; exclude flammable refrigerants from exemption
provisions; require annual submittals/updates by a date
established by the unified program agency or March 1 if not
otherwise established; and make technical and clarifying
changes.
ANALYSIS : Existing law:
1.Requires the Secretary for the California Environmental
Protection Agency (Cal/EPA) 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 CUPAs. 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 CUPA, and every county is required to apply
to the Secretary to be certified to implement the unified
program.
2.Requires the CUPA to implement and enforce provisions that
require a business that handles a hazardous material 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 amounts 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.
3.Requires a CUPA to exempt a business operating an unstaffed
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remote facility located in an isolated, sparsely populated
area from specified business plan requirements. 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.
4.Requires a handler to electronically submit its business plan
to the statewide information management system, to renew the
plan at least once every three years to determine if a
revision is needed, and to certify to the CUPA 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.
5.Requires the CUPA to make the data elements and documents
submitted by businesses available to the public in a specified
manner.
6.Requires the immediate report of any release or threatened
release of a hazardous material to the CUPA, and to the Office
of Emergency Services (OES), in accordance with the
regulations adopted by OES.
This bill:
1. Requires the Secretary of Cal/EPA, in coordination with OES,
to specify the hazardous materials inventory required to be
submitted by handlers, including the data to be collected and
submitted for hazardous materials. This bill 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 CUPA to exempt from specified requirements a
business operating an unstaffed facility located at least
one-half mile from the nearest occupied structure, unless
required by a local ordinance. Requires the business to make
a one-time business plan submittal that will 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.
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3. Requires the handler to submit the business plan annually to
the statewide information system by a date established by the
unified program agency or by March 1, requires a business
owner, business operator, or officially designated
representative of the business to review and certify on or
before that date that the information in the statewide
information management system meets specified requirements,
and removes the requirement that the handler annually review
and resubmit or certify as correct the inventory information
in the statewide environmental reporting system.
4. Requires the CUPA to make the information in the statewide
information management system available to the public.
5. Requires Cal/EPA to adopt regulations by January 1, 2016, to
implement these requirements.
6. Provides a definition of "Consumer Product" to specify that
consumer products are not subject to business plan
requirements.
7. Limits the definition of retail establishment to require
retail pesticide supply companies to be subject to business
plans and reporting.
8. 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.
9. Authorizes local CUPAs to adopt an ordinance to specify
additional hazardous materials subject to reporting not
previously identified as a hazardous material if the local
agency finds that the material would be injurious to the
health and safety of persons or harmful to the environment if
released.
10.Contains double-jointing language with AB 2748
(Environmental Safety and Toxic Materials Committee) related
to architectural paint recovery program.
Background
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CUPA . The Secretary of Cal/EPA has established a "unified
hazardous waste and hazardous materials management" regulatory
program. Currently, there are 83 CUPAs in California. The
program consolidates, coordinates the following six existing
programs:
Business Plans;
California Accidental Release Prevention Program;
Underground Storage Tank Program;
Aboveground Petroleum Storage Act;
Hazardous Waste Generator and Onsite Hazardous Waste Treatment
Programs; and,
California Uniform Fire Code: Hazardous Material Management
Plans and Hazardous Material Inventory Statements.
Related/Prior Legislation
AB 2748 (Environmental Safety and Toxic Materials 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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, costs are
minor and absorbable to Cal/EPA.
SUPPORT : (Verified 8/25/14)
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California Association of Environmental Health Administrators
(co-source)
California Council for Environmental and Economic Balance
(co-source)
California Fire Chiefs Association (co-source)
California State Firefighters Association
Fresno Metropolitan Flood Control District
ARGUMENTS IN SUPPORT : 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."
ASSEMBLY FLOOR : 79-0, 08/25/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Vacancy
RM:nl 8/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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