BILL ANALYSIS Ó
SB 1458
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: SB 1458
AUTHOR: Committee on Environmental Quality
AMENDED: March 27, 2014
FISCAL: Yes HEARING DATE: April 2, 2014
URGENCY: No CONSULTANT: Karen Morrison
SUBJECT : HAZARDOUS SUBSTANCES
SUMMARY :
Existing law :
1) Identifies transporter transfer activities that can occur
without a hazardous waste facility permit and authorizes
the Department of Toxic Substances Control (DTSC) to exempt
by regulations hazardous waste management activities from
hazardous waste management requirements.
2) Defined requirements for hazardous waste exemptions.
3) Creates the Underground Storage Tank Cleanup Fund and
defines sources of money for the fund.
4) Specifies the use of money in the Underground Storage Tank
Cleanup Fund.
5) Defines the circumstances under which a claim may be filed
under the Underground Storage Tank Cleanup Fund Act.
6) Requires samples taken to determine water quality to be
analyzed by an accredited or certified laboratory.
7) Defines the procedure for administrative review and appeal
of decisions by the State Water Resources Control Board
(SWRCB).
SB 1458
Page 2
This bill :
1) Updates references to deleted code sections regarding areas
of sensitive land use. This reinstates language
inadvertently removed in 2012 prohibiting the holding or
transfer of hazardous waste within 500 feet of a home,
school, hospital, or day care center.
2) Deletes hazardous waste exemption statute that sunsetted on
January 1, 2008, and grandfathers in any regulations
adopted prior to 2008.
3) Deposits money received as compensation for investigation
or enforcement expenses and money recovered from an
overpaid expense into the Underground Storage Tank Cleanup
Fund.
4) Allows the Underground Storage Tank Cleanup Fund to pay for
loans and specified associated costs for replacing,
removing, or upgrading underground storage tanks to conform
to a sunset clause.
5) Clarifies the types of staff decisions for which a claimant
may seek administrative review under the Underground
Storage Tank Cleanup Fund Act.
6) Exempts field tests, including color, odor, and
temperature, from analysis in a laboratory.
7) Clarifies the review process by SWRCB to reflect amendments
made to the standard of review for stay orders.
8) Makes various technical modifications to clean up existing
code, including correcting drafting errors and department
reorganizations.
COMMENTS :
1) Purpose of Bill . This is the Environmental Quality
Committee's annual omnibus bill and makes a variety of
technical changes for the purposes of code cleanup in the
areas of hazardous waste management and water quality.
SB 1458
Page 3
In 2012, the budget trailer bill SB 1018 (Chapter 39,
Statutes of 2012) repealed provisions related to border
zone property designations that were unused. However,
remaining statutes contained cross references to a section
of the repealed code defining sensitive land use, creating
an ambiguity regarding the use of those sections for
sensitive land use. This bill corrects that mistake by
reinstating limits on hazardous waste management activities
in close proximity to homes, schools, hospitals, and day
care centers.
The 1991 Governor's Reorganization Plan Number One
established the Office of Environmental Health Hazard
Assessment (OEHHA) and dictated that environmental risk
assessment functions should be transferred from the (then)
Department of Health Services to OEHHA under the California
Environmental Protection Agency. Although the
reorganization went forward, the Legislature never formally
adopted the reorganization or codified the change in agency
responsibility. This bill codifies that transfer of
authority.
SOURCE : Committee on Environmental Quality
SUPPORT : None on file
OPPOSITION : None on file