BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1075 (Alejo) - Hazardous waste: enforcement.
          
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          |Version: June 18, 2015          |Policy Vote: E.Q. 5 - 0         |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 17, 2015   |Consultant: Marie Liu           |
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          This bill meets the criteria for referral to the Suspense File. 


          Bill  
          Summary:  This bill would create additional considerations and  
          civil penalties on a person who has multiple violations of the  
          Hazardous Waste Control Act and would establish a process by  
          which the secretary of the California Environmental Protection  
          Agency (CalEPA) could review a final permit decision by DTSC.


          Fiscal  
          Impact:  
           Minor if any costs to the Hazardous Waste Control Account  
            (special) for DTSC to administer the additional considerations  
            and civil penalties for persons with multiple violations.
           Unknown costs, up to $250,000 annually, to the Hazardous Waste  
            Control Account (special) for the secretary of CalEPA to  
            review final permit decisions of DTSC. 


          Background:  Under the California Hazardous Waste Control Act (act), DTSC  
          is responsible for regulating the handling, transport, and  







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          disposal of hazardous waste. DTSC is authorized to deny,  
          suspend, or revoke any permit, registration, or certificate  
          applied for or issued to a person or entity if that person  
          violates the act.


          Proposed Law:  
            This bill would require DTSC to consider, except under  
          specified conditions, three or more violations of specified  
          provisions as a compelling cause to deny, suspend, or revoke a  
          permit, registration, or certificate.
          This bill would specify that DTSC can consider any information  
          in determining there is an imminent and substantial endangerment  
          to public health or safety or the environment to temporarily  
          suspend any permit, registration, or certificate.


          This bill would establish an additional civil penalty between  
          $5,000 - $50,000 for each day of each violation, if the person  
          has been found liable for, or has been convicted of, two or more  
          previous violations within any consecutive 60 months. 


          This bill would require the secretary of CalEPA to develop  
          regulations that would establish a process by which the  
          secretary could review a final DTSC permit decision. Through  
          this process, the secretary would be authorized to sustain,  
          reverse, or modify DTSC's permit decision. 




          Staff  
          Comments:  This bill would not create new administrative costs  
          for DTSC. However, DTSC notes there are potential unknown costs  
          associated with increased legal costs if a regulated entity  
          takes legal actions to challenge the additional penalties  
          assessed on persons with multiple violations. DTSC also notes  
          potential costs savings should these additional penalties  
          increase compliance.
          CalEPA anticipates having up to $250,000 in costs for one  
          attorney and one scientist or analyst to implement the review  
          process of DTSC's final permit decision, though under Secretary  
          Rodriquez, these costs may be much lower or perhaps minor  








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          because he is an attorney who is familiar with an appeals  
          process. Additionally, staff notes that costs would be dependent  
          on the frequency of requests for such reviews, which is unknown  
          at this time. 




          Proposed Author  
          Amendments:  The author has submitted amendments that would make  
          technical amendments. These amendments will be made while the  
          bill on suspense.


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