BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 276


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          Date of Hearing:  April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          276 (Environmental Safety and Toxic Materials) - As Amended  
          March 17, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No  


          SUMMARY: 


          This bill authorizes the Department of Toxic Substance Control  
          (DTSC), or local officer or agency, to request financial  








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          information from any person that is managing hazardous waste,  
          including those applying for permits.  Specifically, this bill:   



          1)Authorizes DTSC to issue an order directing compliance with a  
            request for information if a person intentionally or  
            negligently fails to provide requested information.

          2)Authorizes DTSC to disclose the information under certain  
            circumstances to authorized representatives, contractors, or  
            government agencies, including the United States Environmental  
            Protection Agency (US EPA).

          3)Requires any person providing the specified information to  
            DTSC to identify all of the information that is considered a  
            trade secret and imposes penalties for failure to comply with  
            the measures protecting information.

          4)Allows DTSC to request information related to the ability of a  
            person to pay for or perform a cleanup when there is a  
            reasonable basis to believe there has been or may be a release  
            or threatened release of a hazardous substance.

          5)Authorizes DTSC to require a person who has or may have  
            information or documents relevant to the ability of a  
            responsible party or liable person to pay for or perform a  
            cleanup to disclose the information consistent with Section  
            104 of the Comprehensive Environmental Response, Compensation,  
            and Liability Act (CERCLA).

          6)Authorizes DTSC to impose penalties if a person intentionally  
            or negligently fails to furnish the required information or  
            makes false statements or representations.



          FISCAL EFFECT:









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          1)Ongoing increased costs to DTSC (Toxic Substance Control  
            Account) in the $200,000 per year range for the increased  
            workload associated with requesting, processing, and  
            collecting financial information.  


          2)Potential unknown revenue increases and cost savings (Toxic  
            Substance Control Account) achieved from increased collections  
            and avoided litigation.


          COMMENTS:


          1)Rationale.  Existing law authorizes DTSC to ask certain  
            parties for information related to hazardous waste, but does  
            not allow DTSC to request information about the party's  
            finances.  Financial information would demonstrate the party's  
            ability to pay for or perform cleanup.  This lack of authority  
            is inconsistent with federal law, which permits the US EPA to  
            request financial information from potential responsible  
            parties.    
             Currently, DTSC must sue parties to obtain the relevant  
            financial information.  The authority provided in this bill  
            will expedite the cost recovery process by obviating the need  
            for costly litigation and increasing DTSC's ability to recover  
            costs effectively.




          2)Background.    On August 7, 2014, the Bureau of State Audits  
            (BSA) released a report on DTSC's cost recovery.  The BSA  
            found that long-standing shortcomings with DTSC's recovery of  
            costs have resulted in millions of dollars in unbilled and  
            billed but uncollected cleanup costs dating back to 1987.  
            The report determined DTSC was limited in its ability to  
            recover costs effectively because it lacks the authority to  








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            require a potentially responsible party to provide information  
            related to the financial ability to pay cleanup costs.   
            According to the Auditor, the ability to require this type of  
            information will better inform decision making about whether  
            to file cost recovery actions by differentiating between  
            parties capable of paying for cleanup costs and others.  This  
            bill is consistent with the Auditor's recommendation.


          3)CERCLA.  Under CERCLA, the US EPA has authority to request  
            financial information from potentially responsible parties.   
            The US EPA typically uses a tiered approach when invoking this  
            authority.  First, the US EPA will ask a party if it has the  
            ability to pay or perform a cleanup.  If the party does have  
            that ability, then the US EPA typically does not ask for  
            further information.  If the party indicates it cannot pay or  
            perform a cleanup, then the US EPA will request information  
            supporting that claim, including, but not limited to, bank  
            statements, financial statements, proposed budgets, and market  
            appraisals. 



          4)Related Legislation. Related Legislation.  In addition to this  
            bill, the Committee on Environmental Safety and Toxic  
            Materials has introduced the following bills to address the  
            shortcomings found in the BSA report:



             a)   AB 274 (ESTM) allows DTSC to not expend resources to  
               pursue an uncollectible account, as defined.



             b)   AB 274 (ESTM) allows DTSC to not expend resources to  
               pursue an uncollectible account, as defined.










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             c)   AB 275 (ESTM) revises DTSC's statute of limitation for  
               cost recovery.



            All four bills will be heard in this Committee on April 15,  
            2015








          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081