BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1075 (Alejo) - Hazardous waste: enforcement. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 18, 2015 |Policy Vote: E.Q. 5 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Marie Liu | | | | ----------------------------------------------------------------- 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 AB 1075 (Alejo) Page 1 of ? 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 AB 1075 (Alejo) Page 2 of ? 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. -- END --