Amended in Assembly August 31, 2015

Amended in Assembly June 23, 2015

Amended in Senate April 6, 2015

Senate BillNo. 612


Introduced by Senator Jackson

February 27, 2015


An act to amend Sections 25270.2, 25270.3, 25270.4.1, 25270.4.5, 25270.5, 25270.6,begin insert 25270.9,end insert 25281, 25404, 25505, 25507, 25507.2, 25508.1, 25531.2, and 118330 of, and to add Section 25158.1 to, the Health and Safety Code, relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

SB 612, as amended, Jackson. Hazardous materials.

(1) Existing law requires the Department of Toxic Substances Control to establish programs for and regulate hazardous waste source reduction. Existing law requires the department to prepare, adopt, and revise, when appropriate, a listing of the wastes that are determined to be hazardous, and a listing of the wastes that are determined to be extremely hazardous. Existing law requires the department to develop, and adopt by regulation, criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes and requires that any waste that conforms to the criteria be managed in accordance with permits, orders, and regulations issued by the department. Existing law requires the department to adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public health, to domestic livestock, to wildlife, or to the environment. Pursuant to this authority, the department has adopted regulations establishing standards for generators of hazardous wastes and establishing standards for owners and operators of hazardous waste transfer, treatment, storage, and disposal facilities.

This bill would require that a generator of hazardous waste include all hazardous waste that it has generated in any month, except for universal wastes, as defined, when computing whether it is required to comply with specified regulatory requirements. The bill would require the department to adopt regulations by December 1, 2016, incorporating instructions to hazardous waste generators implementing this requirement.

(2) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program. Existing law requires every county to apply to the secretary to be certified to implement the unified program and allows a city or local agency to implement the unified program as a unified program agency, or UPA. Existing law requires the Office of Emergency Services to adopt, after public hearing and consultation with the Office of the State Fire Marshal and other appropriate public entities, regulations for minimum standards for business plans and area plans, and requires all business plans and area plans to meet the standards adopted by the Office of Emergency Services.

Existing law requires a business handling hazardous materials, as specified, to establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with the standards prescribed in the regulations adopted by the Office of Emergency Services. The business plan is required to contain specified information, including a site map that contains north orientation, loading areas, internal roads, adjacent streets, storm and sewer drains, access and exit points, emergency shutoffs, evacuation staging areas, hazardous material handling and storage areas, and emergency response equipment.

This bill would additionally require the site map to include additional map requirements required by the UPA pursuant to an ordinance.

Existing law makes the knowing violation of the business plan requirements a crime.

This bill, by expanding the requirements for a business plan, would impose a state-mandated local program by expanding the application of a crime.

This bill would make additional legislative findings and declarations relative to the unified program.

(3) The Aboveground Petroleum Storage Act defines, for purposes of the act, an “aboveground storage tank” as a tank that has the capacity to store 55 gallons or more of petroleum and that is substantially or totally above the surface of the ground and a tank in an underground area, as defined, except for certain types of tanks and vessels, as specified.

This bill would exclude from the definition of “aboveground storage tank” a tank or tank facility located on and operated by a farm that is exempt from specified federal spill prevention, control, and countermeasure requirements. The bill would revise the definition of a “tank in an underground area.” This bill would provide that a tank in an underground area that is subject to aboveground tank regulation, as specified, is not subject to regulation pursuant to laws specific to underground storage tanks.

Existing law requires the unified program agencies (UPAs) to implement the Aboveground Petroleum Storage Act in accordance with regulations adopted by the Office of the State Fire Marshal and authorizes the Office of the State Fire Marshal to adopt these regulations.

This bill would require the Office of the State Fire Marshal to adopt these regulations.

Except for certain tank facilities located on farms, nurseries, logging sites, or construction sites, the Aboveground Petroleum Storage Act requires each owner or operator of a storage tank at a tank facility to prepare a spill prevention control and countermeasure plan and to conduct periodic inspections of the storage tank.

This bill would revise the above-described exception to the plan and inspection requirements to additionally require that the tank facility be operated by the farm, nursery, logging site, or construction site. The bill would require that the plan apply good engineeringbegin delete judgmentend deletebegin insert practicesend insert to prevent petroleum releases, as specified.

(4) Existing law generally regulates the storage of hazardous substances in underground storage tanks and requires underground storage tanks that are used to store hazardous substances and that are installed after January 1, 1984, to meet certain requirements and obtain a permit from the UPA.

This bill would revise the definition of “storage” and “store” for purposes of the regulation of the storage of hazardous substances in underground storage tanks, to exempt storage that is in compliance with specified alternative laws for the regulation of hazardous materials.

This bill would make other changes to the hazardous materials laws.

(5) The existing Medical Waste Management Act regulates the disposal of medical waste. Existing law authorizes a local agency to adopt a medical waste management program to, among other things, issue medical waste registrations and permits and inspect medical waste generators and treatment facilities, and requires the local agency, if it elects to do so, to notify the department. Under existing law, if the local agency chooses not to adopt a medical waste management program or if the department withdraws its designation, the department is the enforcement agency. Under existing law, whenever the enforcement agency determines that a violation or threatened violation of the act has resulted, or is likely to result, in a release of medical waste into the environment, the agency is authorized to issue an order to the responsible person specifying a schedule for compliance or imposing an administrative penalty of not more than $1,000 per violation.

This bill would authorize the imposition of an administrative penalty of up to $5,000. The bill would also establish a process for the enforcement agency to set the amount of the administrative penalty and would establish a process for a person who is assessed the administrative penalty to challenge the facts of the order and the amount of the penalty, including a hearing and appeal. The bill would require that a provision of an order, except the imposition of an administrative penalty, take effect upon issuance by the enforcement agency if the enforcement agency finds that the violation or violations of law associated with that provision may pose an imminent and substantial danger to the public health or safety or the environment.

(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P4    1

SECTION 1.  

Section 25158.1 is added to the Health and Safety
2Code
, to read:

3

25158.1.  

(a) When making the quantity determinations for
4purposes of Section 66262.34 of Title 22 of Division 4.5 of the
5California Code of Regulations, as it may be amended consistent
P5    1with this code, a generator shall include all hazardous waste that
2it has generated in any month, except for universal wastes managed
3pursuant to the requirements of Chapter 23 (commencing with
4Section 66273.1) of Division 4.5 of Title 22 of the California Code
5of Regulations.

6(b) By December 1, 2016, the department shall adopt regulations
7incorporating the instructions to hazardous waste generators in
8subdivision (a) into its implementing regulations.

9

SEC. 2.  

Section 25270.2 of the Health and Safety Code is
10amended to read:

11

25270.2.  

For purposes of this chapter, the following definitions
12apply:

13(a) “Aboveground storage tank” or “storage tank” means a tank
14that has the capacity to store 55 gallons or more of petroleum that
15is substantially or totally above the surface of the ground, except
16that, for purposes of this chapter, “aboveground storage tank” or
17“storage tank” includes a tank in an underground area.
18“Aboveground storage tank” does not include any of the following:

19(1) A pressure vessel or boiler that is subject to Part 6
20(commencing with Section 7620) of Division 5 of the Labor Code.

21(2) A tank containing hazardous waste or extremely hazardous
22waste, as respectively defined in Sections 25117 and 25115, if the
23Department of Toxic Substances Control has issued the person
24owning or operating the tank a hazardous waste facilities permit
25for the storage tank.

26(3) An aboveground oil production tank that is subject to Section
273106 of the Public Resources Code.

28(4) Oil-filled electrical equipment, including, but not limited
29to, transformers, circuit breakers, or capacitors, if the oil-filled
30electrical equipment meets either of the following conditions:

31(A) The equipment contains less than 10,000 gallons of dielectric
32fluid.

33(B) The equipment contains 10,000 gallons or more of dielectric
34fluid with PCB levels less than 50 parts per million, appropriate
35containment or diversionary structures or equipment are employed
36to prevent discharged oil from reaching a navigable water course,
37and the electrical equipment is visually inspected in accordance
38with the usual routine maintenance procedures of the owner or
39operator.

P6    1(5) A tank regulated as an underground storage tank under
2Chapter 6.7 (commencing with Section 25280) of this division and
3Chapter 16 (commencing with Section 2610) of Division 3 of Title
423 of the California Code of Regulations and that does not meet
5the definition of a tank in an underground area.

6(6) A transportation-related tank facility, subject to the authority
7and control of the United States Department of Transportation, as
8defined in the Memorandum of Understanding between the
9Secretary of Transportation and the Administrator of the United
10States Environmental Protection Agency, as set forth in Appendix
11A to Part 112 (commencing with Section 112.1) of Subchapter D
12of Chapter I of Title 40 of the Code of Federal Regulations.

13(7) A tank or tank facility located on and operated by a farm
14that is exempt from the federal spill prevention, control, and
15countermeasure rule requirements pursuant to Part 112
16(commencing with Section 112.1) of Subchapter D of Chapter I
17of Title 40 of the Code of Federal Regulations.

18(b) “Board” means the State Water Resources Control Board.

19(c) (1) “Certified Unified Program Agency” or “CUPA” means
20the agency certified by the Secretary for Environmental Protection
21to implement the unified program specified in Chapter 6.11
22(commencing with Section 25404) within a jurisdiction.

23(2) “Participating Agency” or “PA” means an agency that has
24a written agreement with the CUPA pursuant to subdivision (d)
25of Section 25404.3, and is approved by the secretary, to implement
26and enforce the unified program element specified in paragraph
27(2) of subdivision (c) of Section 25404, in accordance with Sections
2825404.1 and 25404.2.

29(3) (A) “Unified Program Agency” or “UPA” means the CUPA,
30or its participating agencies to the extent that each PA has been
31designated by the CUPA, pursuant to a written agreement, to
32implement and enforce the unified program element specified in
33paragraph (2) of subdivision (c) of Section 25404. The UPAs have
34the responsibility and authority, to the extent provided by this
35chapter and Sections 25404.1 to 25404.2, inclusive, to implement
36and enforce the requirements of this chapter.

37(B) After a CUPA has been certified by the secretary, the unified
38program agency shall be the only agency authorized to enforce the
39requirements of this chapter.

P7    1(C) This paragraph does not limit the authority or responsibility
2granted to the office, the board, and the regional boards by this
3chapter.

4(d) “Office” means the Office of the State Fire Marshal.

5(e) “Operator” means the person responsible for the overall
6operation of a tank facility.

7(f) “Owner” means the person who owns the tank facility or
8part of the tank facility.

9(g) “Person” means an individual, trust, firm, joint stock
10company, corporation, including a government corporation,
11partnership, limited liability company, or association. “Person”
12also includes any city, county, district, the University of California,
13the California State University, the state, any department or agency
14thereof, and the United States, to the extent authorized by federal
15law.

16(h) “Petroleum” means crude oil, or a fraction thereof, that is
17liquid at 60 degrees Fahrenheit temperature and 14.7 pounds per
18square inch absolute pressure.

19(i) “Regional board” means a California regional water quality
20control board.

21(j) “Release” means any spilling, leaking, pumping, pouring,
22emitting, emptying, discharging, escaping, leaching, or disposing
23into the environment.

24(k) “Secretary” means the Secretary for Environmental
25Protection.

26(l) “Storage” or “store” means the containment, handling, or
27treatment of petroleum, for a period of time, including on a
28temporary basis.

29(m) “Storage capacity” means the aggregate capacity of all
30aboveground storage tanks at a tank facility.

31(n) “Tank facility” means one or more aboveground storage
32tanks, including any piping that is integral to the tanks, that contain
33petroleum and that are used by an owner or operator at a single
34location or site. For purposes of this chapter, a pipe is integrally
35related to an aboveground storage tank if the pipe is connected to
36the tank and meets any of the following:

37(1) The pipe is within the dike or containment area.

38(2) The pipe is between the containment area and the first flange
39or valve outside the containment area.

P8    1(3) The pipe is connected to the first flange or valve on the
2 exterior of the tank, if state or federal law does not require a
3containment area.

4(4) The pipe is connected to a tank in an underground area.

5(o) (1) “Tank in an underground area” means a storage tank to
6which all of the following apply:

7(A) The storage tank is located in a structure that is at least 10
8percent below the ground surface, including, but not limited to, a
9basement, cellar, shaft, pit, or vault.

10(B) The structure in which the storage tank is located, at a
11minimum, provides for secondary containment of the contents of
12the tank, piping, and ancillary equipment, until cleanup occurs. A
13shop-fabricated double-walled storage tank with a mechanical or
14electronic device used to detect leaks in the interstitial space meets
15 the requirement for secondary containment of the contents of the
16tank.

17(C) The storage tank meets one or more of the following
18conditions:

19(i) The storage tank contains petroleum to be used or previously
20used as a lubricant or coolant in a motor engine or transmission,
21oil-filled operational equipment, or oil-filled manufacturing
22equipment, is situated on or above the surface of the floor, and the
23structure in which the tank is located provides enough space for
24direct viewing of the exterior of the tank except for the part of the
25tank in contact with the surface of the floor.

26(ii) The storage tankbegin insert onlyend insert contains petroleum that isbegin delete consideredend delete
27begin insert determined to beend insert a hazardous waste, complies with the hazardous
28waste tank standards pursuant to Article 10 (commencing with
29Section 66265.190) of Chapter 15 of Title 22 of the California
30Code of Regulations as it may be amended, and the tank facility
31has been issued a unified program facility permit pursuant to
32Section 25404.2 for generation, treatment, accumulation, or storage
33of hazardous waste.

34(iii) The storage tank contains petroleum and is used solely in
35connection with a fire pump or an emergency system, legally
36required standby system, or optional standby system as defined in
37thebegin insert most recent version of theend insert California Electrical Code (Section
38begin insert 700.2 of Article 700, Sectionend insert 701.2 of Articlebegin delete 701 of,end deletebegin insert 701,end insert and
39Section 702.2 of Articlebegin delete 702end deletebegin insert 702,end insert of Chapter 7 of Part 3 of Title
4024 of the California Code of Regulations), is situated on or above
P9    1the surface of the floor, and the structure in which the tank is
2located provides enough space for direct viewing of the exterior
3of the tank except for the part of the tank in contact with the surface
4of the floor.

5(iv) The storage tank does not meet the conditions in
6begin delete subparagraph (A), (B), or (C),end deletebegin insert clauses (i), (ii), or (iii),end insert but meets
7all of the following conditions:

8(I) It contains petroleum.

9(II) It is situated on or above the surface of the floor.

10(III) The structure in which the tank is located provides enough
11space for direct viewing of the exterior of the tank, except for the
12part of the tank in contact with the surface of the floor, and all
13piping connected to the tank, including any portion of a vent line,
14vapor recovery line, or fill pipe that is beneath the surface of the
15ground, and all ancillary equipment, can either be visually
16inspected by direct viewing or has both secondary containment
17and leak detection thatbegin delete meetsend deletebegin insert meetend insert the requirements of the
18regulations adopted by the office pursuant to Section 25270.4.1.

begin delete

19(D) All of the following conditions apply:

20(i) The storage tank located at a facility with a storage capacity
21of less than 1,320 gallons of petroleum.

22(ii) The tank facility owner or operator is monitoring the tank
23in compliance with recognized industry standards.

24(iii) The tank facility owner or operator is implementing a spill
25prevention, control, and countermeasure plan to prevent and control
26releases to the environment.

27(iv) The tank facility owner or operator is complying with the
28provisions of this chapter and the regulations adopted by the office.

end delete

29(2) For a shop-fabricated double-walled storage tank, direct
30viewing of the exterior of the tank is not required under paragraph
31(1) if inspections of the interstitial space are performed or if it has
32a mechanical or electronic device that will detect leaks in the
33interstitial space.

34(3) (A) A storage tank in an underground area is not subject to
35Chapter 6.7 (commencing with Section 25280) if the storage tank
36begin delete is in compliance with the provisions of this chapter, the tank facility
37owner or operator is implementing a spill prevention, control, and
38countermeasure planend delete
begin insert meets the definition of a tank in an
39underground area, as provided in paragraph (1)end insert
and, except as
40specified in subparagraph (B), the regulations that apply to all new
P10   1and existing tanks in underground areas and buried piping
2connected to tanks in undergroundbegin delete areas,end deletebegin insert areasend insert have been adopted
3by the office pursuant to Section 25270.4.1.

4(B) A storage tank meeting the description of clause (i) of
5subparagraph (C) of paragraph (1) shall continue to be subject to
6this chapter, and excluded from the definition of an underground
7storage tank in Chapter 6.7 (commencing with Section 25280),
8begin delete prior toend deletebegin insert beforeend insert and after the date the regulations specific to tanks
9in underground areas have been adopted by the office.

10(p) “Viewing” means visual inspection, and “direct viewing”
11means, in regard to a storage tank, direct visual inspection of the
12exterior of the tank, except for the part of the tank in contact with
13the surface of the floor, and, where applicable, the entire length
14of all piping and ancillarybegin delete equipmentend deletebegin insert equipment, including all
15exterior surfaces,end insert
by a person or through the use of visual aids,
16including, but not limited to, mirrors, cameras, or video equipment.

17

SEC. 3.  

Section 25270.3 of the Health and Safety Code is
18amended to read:

19

25270.3.  

A tank facility is subject to this chapter if any of the
20following apply:

21(a) The tank facility is subject to the oil pollution prevention
22regulations specified in Part 112 (commencing with Section 112.1)
23of Subchapter D of Chapter I of Title 40 of the Code of Federal
24Regulations.

25(b) The tank facility has a storage capacity of 1,320 gallons or
26more of petroleum.

27(c) The tank facility has a storage capacity of less than 1,320
28gallons of petroleum and has one or more tanks in an underground
29area meeting the conditions specified inbegin delete subparagraph (D) ofend delete
30 paragraph (1) of subdivision (o) of Section 25270.2. If this
31subdivision is applicable, only tanks meeting the conditions
32specified inbegin delete subparagraph (D) ofend delete paragraph (1) of subdivision (o)
33of Section 25270.2 shall be included as storage tanks and subject
34to this chapter.

35

SEC. 4.  

Section 25270.4.1 of the Health and Safety Code is
36amended to read:

37

25270.4.1.  

(a) The office shall adopt regulations implementing
38this chapter. The office shall also provide interpretation of this
39chapter to the UPAs, and oversee the implementation of this
40chapter by the UPAs.

P11   1(b) The office shall establish an advisory committee that includes
2representatives from regulated entities, appropriate trade
3associations, fire service organizations, federal, state, and local
4organizations, including UPAs, and other interested parties. The
5advisory committee shall act in an advisory capacity to the office
6in conducting its responsibilities.

7(c) The office shall, in addition to any other requirements
8imposed pursuant to this chapter, train UPAs, ensure consistency
9with state law, to the maximum extent feasible, ensure consistency
10with federal enforcement guidance issued by federal agencies
11pursuant to subdivision (d), and support the UPAs in providing
12outreach to regulated persons regarding compliance with current
13local, state, and federal regulations relevant to the office’s
14obligations under this chapter.

15(d) Any regulation adopted by the office pursuant to this section
16shall ensure consistency with the requirements for spill prevention,
17control, and countermeasure plans under Part 112 (commencing
18with Section 112.1) of Subchapter D of Chapter I of Title 40 of
19the Code of Federal Regulations, and shall include any more
20stringent requirements necessary to implement this chapter.

21

SEC. 5.  

Section 25270.4.5 of the Health and Safety Code is
22amended to read:

23

25270.4.5.  

(a) Except as provided in subdivision (b), each
24owner or operator of a storage tank at a tank facility subject to this
25chapter shall prepare a spill prevention control and countermeasure
26plan applying good engineeringbegin delete judgmentend deletebegin insert practicesend insert to prevent
27petroleum releases using the same format required by Part 112
28(commencing with Section 112.1) of Subchapter D of Chapter I
29of Title 40 of the Code of Federal Regulations, including owners
30and operators of tank facilities not subject to the general provisions
31in Section 112.1 of those regulations. Each owner or operator
32specified in this subdivision shall conduct periodic inspections of
33the storage tank to ensure compliance with Part 112 (commencing
34with Section 112.1) of Subchapter D of Chapter I of Title 40 of
35the Code of Federal Regulations. In implementing the spill
36prevention control and countermeasure plan, each owner or
37operator specified in this subdivision shall fully comply with the
38latest version of the regulations contained in Part 112 (commencing
39with Section 112.1) of Subchapter D of Chapter I of Title 40 of
40the Code of Federal Regulations.

P12   1(b) A tank facility located on and operated by a farm, nursery,
2logging site, or construction site is not subject to subdivision (a)
3if no storage tank at the location exceeds 20,000 gallons and the
4cumulative storage capacity of the tank facility does not exceed
5100,000 gallons. Unless excluded from the definition of an
6“aboveground storage tank” in Section 25270.2, the owner or
7operator of a tank facility exempt pursuant to this subdivision shall
8take the following actions:

9(1) Conduct a daily visual inspection of any storage tank storing
10petroleum. For purposes of this section, “daily” means every day
11that contents are added to or withdrawn from the tank, but no less
12than five days per week. The number of days may be reduced by
13the number of state or federal holidays that occur during the week
14if there is no addition to, or withdrawal from, the tank on the
15holiday. The unified program agency may reduce the frequency
16of inspections to not less than once every three days at a tank
17facility that is exempt pursuant to this section if the tank facility
18is not staffed on a regular basis, provided that the inspection is
19performed every day the facility is staffed.

20(2) Allow the UPA to conduct a periodic inspection of the tank
21facility.

22(3) If the UPA determines installation of secondary containment
23is necessary for the protection of the waters of the state, install a
24secondary means of containment for each tank or group of tanks
25where the secondary containment will, at a minimum, contain the
26entire contents of the largest tank protected by the secondary
27containment plus precipitation.

28

SEC. 6.  

Section 25270.5 of the Health and Safety Code is
29amended to read:

30

25270.5.  

(a) Except as provided in subdivision (b), at least
31once every three years, the UPA shall inspect each storage tank
32or a representative sampling of the storage tanks at each tank
33facility that has a storage capacity of 10,000 gallons or more of
34petroleum. The purpose of the inspection shall be to determine
35whether the owner or operator is in compliance with the spill
36prevention control and countermeasure plan requirements of this
37chapter.

38(b) The UPA may develop an alternative inspection and
39compliance plan, subject to approval by the secretary and the office.

P13   1(c) An inspection conducted pursuant to this section does not
2require the oversight of a professional engineer. The person
3conducting the inspection shall complete and pass the initial
4aboveground storage tank inspector training program. The
5curriculum of the aboveground storage tank inspector training
6program shall focus on the spill prevention control and
7countermeasure plan provisions and safety requirements for
8aboveground storage tank inspections.

9

SEC. 7.  

Section 25270.6 of the Health and Safety Code is
10amended to read:

11

25270.6.  

(a) (1) On or before January 1, 2009, and on or
12before January 1 annually thereafter, each owner or operator of a
13tank facility subject to this chapter shall file with the statewide
14information management system, a tank facility statement that
15shall identify the name and address of the tank facility, a contact
16person for the tank facility, the total storage capacity of the tank
17facility, and the location and contents of each petroleum storage
18tank that exceeds 10,000 gallons in storage capacity. A copy of a
19statement submitted previously pursuant to this section may be
20submitted in lieu of a new tank facility statement if no new or used
21storage tanks have been added to the facility or if no significant
22modifications have been made. For purposes of this section, a
23significant modification includes, but is not limited to, altering
24existing storage tanks or changing spill prevention or containment
25methods.

26(2) Notwithstanding paragraph (1), an owner or operator of a
27tank facility that submits a business plan, as defined in subdivision
28(d) of Section 25501, to the statewide information management
29system and that complies with Sections 25503, 25505, 25505.1,
3025507, 25507.2, 25508, 25508.1, andbegin delete 25508.2 meetsend deletebegin insert 25508.2,
31satisfiesend insert
the requirement in paragraph (1) to file a tank facility
32statement.

33(b) Each year, commencing in calendar year 2010, each owner
34or operator of a tank facility who is subject to the requirements of
35subdivision (a) shall pay a fee to the UPA, on or before a date
36specified by the UPA. The governing body of the UPA shall
37establish a fee, as part of the single fee system implemented
38pursuant to Section 25404.5, at a level sufficient to pay the
39necessary and reasonable costs incurred by the UPA in
40administering this chapter, including, but not limited to,
P14   1inspections, enforcement, and administrative costs. The UPA shall
2also implement the fee accountability program established pursuant
3to subdivision (c) of Section 25404.5 and the regulations adopted
4to implement that program.

5begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 25270.9 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
6amended to read:end insert

7

25270.9.  

(a) The board and the regional board may oversee
8cleanup or abatement efforts, or cause cleanup or abatement efforts,
9of a release from a storage tank at a tank facility.

10(b) The reasonable expenses of the board and the regional board
11incurred in overseeing, or contracting for, cleanup or abatement
12efforts that result from a release at a tank facility is a charge against
13the owner or operator of the tank facility. Expenses reimbursable
14to a public agency under this section are a debt of the tank facility
15owner or operator, and shall be collected in the same manner as
16in the case of an obligation under a contract, express or implied.

17(c) Expenses recovered by the board or a regional board pursuant
18to this section shall be deposited into the Waste Discharge Permit
19Fund. These moneys shall be separately accounted for, and shall
20be expended by the board, upon appropriation by the Legislature,
21to assist regional boards and other public agencies with authority
22to clean up waste or abate the effects of the waste, in cleaning up
23or abating the effects of the waste on waters of the state, or for the
24purposes authorized in Sectionbegin delete 13443.end deletebegin insert 13443 of the Water Code.end insert

25

begin deleteSEC. 8.end delete
26begin insertSEC. 9.end insert  

Section 25281 of the Health and Safety Code is
27amended to read:

28

25281.  

For purposes of this chapter and unless otherwise
29expressly provided, the following definitions apply:

30(a) “Automatic line leak detector” means any method of leak
31detection, as determined in regulations adopted by the board, that
32alerts the owner or operator of an underground storage tank to the
33presence of a leak. “Automatic line leak detector” includes, but is
34not limited to, any device or mechanism that alerts the owner or
35operator of an underground storage tank to the presence of a leak
36by restricting or shutting off the flow of a hazardous substance
37through piping, or by triggering an audible or visual alarm, and
38that detects leaks of three gallons or more per hour at 10 pounds
39per square inch line pressure within one hour.

P15   1(b) “Board” means the State Water Resources Control Board.
2“Regional board” means a California regional water quality control
3board.

4(c) “Compatible” means the ability of two or more substances
5to maintain their respective physical and chemical properties upon
6contact with one another for the design life of the tank system
7under conditions likely to be encountered in the tank system.

8(d) (1) “Certified Unified Program Agency” or “CUPA” means
9the agency certified by the Secretary for Environmental Protection
10to implement the unified program specified in Chapter 6.11
11(commencing with Section 25404) within a jurisdiction.

12(2) “Participating Agency” or “PA” means an agency that has
13a written agreement with the CUPA pursuant to subdivision (d)
14of Section 25404.3, and is approved by the secretary to implement
15or enforce the unified program element specified in paragraph (3)
16of subdivision (c) of Section 25404, in accordance with Sections
1725404.1 and 25404.2.

18(3) “Unified Program Agency” or “UPA” means the CUPA, or
19its participating agencies to the extent each PA has been designated
20by the CUPA, pursuant to a written agreement, to implement or
21enforce the unified program element specified in paragraph (3) of
22subdivision (c) of Section 25404. For purposes of this chapter, a
23UPA has the responsibility and authority, to the extent provided
24by this chapter and Sections 25404.1 to 25404.2, inclusive, to
25implement and enforce only those requirements of this chapter
26listed in paragraph (3) of subdivision (c) of Section 25404 and the
27regulations adopted to implement those requirements. Except as
28provided in Section 25296.09, after a CUPA has been certified by
29the secretary, the UPA shall be the only local agency authorized
30to enforce the requirements of this chapter listed in paragraph (3)
31of subdivision (c) of Section 25404 within the jurisdiction of the
32CUPA. This paragraph shall not be construed to limit the authority
33or responsibility granted to the board and the regional boards by
34this chapter to implement and enforce this chapter and the
35regulations adopted pursuant to this chapter.

36(e) “Department” means the Department of Toxic Substances
37Control.

38(f) “Facility” means any one, or combination of, underground
39storage tanks used by a single business entity at a single location
40or site.

P16   1(g) “Federal act” means Subchapter IX (commencing with
2Section 6991) of Chapter 82 of Title 42 of the United States Code,
3as added by the Hazardous and Solid Waste Amendments of 1984
4(Public Law 98-616), or as it may subsequently be amended or
5supplemented.

6(h) “Hazardous substance” means either of the following:

7(1) All of the following liquid and solid substances, unless the
8department, in consultation with the board, determines that the
9substance could not adversely affect the quality of the waters of
10the state:

11(A) Substances on the list prepared by the Director of Industrial
12Relations pursuant to Section 6382 of the Labor Code.

13(B) Hazardous substances, as defined in Section 25316.

14(C) Any substance or material that is classified by the National
15Fire Protection Association (NFPA) as a flammable liquid, a class
16II combustible liquid, or a class III-A combustible liquid.

17(2) Any regulated substance, as defined in subsection (7) of
18Section 6991 of Title 42 of the United States Code, as that section
19reads on January 1, 2012, or as it may subsequently be amended
20or supplemented.

21(i) “Local agency” means one of the following, as specified in
22subdivision (b) of Section 25283:

23(1) The unified program agency.

24(2) Before July 1, 2013, a city or county.

25(3) On and after July 1, 2013, a city or county certified by the
26board to implement the local oversight program pursuant to Section
2725297.01.

28(j) “Operator” means any person in control of, or having daily
29responsibility for, the daily operation of an underground storage
30tank system.

31(k) “Owner” means the owner of an underground storage tank.

32(l) “Person” means an individual, trust, firm, joint stock
33company, corporation, including a government corporation,
34partnership, limited liability company, or association. “Person”
35also includes any city, county, district, the state, another state of
36the United States, any department or agency of this state or another
37state, or the United States to the extent authorized by federal law.

38(m) “Pipe” means any pipeline or system of pipelines that is
39used in connection with the storage of hazardous substances and
40that is not intended to transport hazardous substances in interstate
P17   1or intrastate commerce or to transfer hazardous materials in bulk
2to or from a marine vessel.

3(n) “Primary containment” means the first level of containment,
4such as the portion of a tank that comes into immediate contact on
5its inner surface with the hazardous substance being contained.

6(o) “Product tight” means impervious to the substance that is
7contained, or is to be contained, so as to prevent the seepage of
8the substance from the containment.

9(p) “Release” means any spilling, leaking, emitting, discharging,
10escaping, leaching, or disposing from an underground storage tank
11into or on the waters of the state, the land, or the subsurface soils.

12(q)  “Secondary containment” means the level of containment
13external to, and separate from, the primary containment.

14(r) “Single walled” means construction with walls made of only
15one thickness of material. For the purposes of this chapter,
16laminated, coated, or clad materials are considered single walled.

17(s) “Special inspector” means a professional engineer, registered
18pursuant to Chapter 7 (commencing with Section 6700) of Division
193 of the Business and Professions Code, who is qualified to attest,
20at a minimum, to structural soundness, seismic safety, the
21compatibility of construction materials with contents, cathodic
22protection, and the mechanical compatibility of the structural
23elements of underground storage tanks.

24(t) (1) “Storage” or “store” means the containment, handling,
25or treatment of hazardous substances, either on a temporary basis
26or for a period of years.

27(2) “Storage” or “store” does not include the storage of
28hazardous wastes in an underground storage tank if the person
29operating the tank has been issued a hazardous waste facilities
30permit by the department pursuant to Section 25200 or 25201.6
31or granted interim status under Section 25200.5.

32(3) “Storage” or “store” does not include the storage of
33hazardous wastes in an underground storage tank if all of the
34following apply:

35(A) The facility has been issued a unified program facility permit
36pursuant to Section 25404.2 for generation, treatment,
37accumulation, or storage of hazardous waste in a tank.

38(B) The tank is located in an underground area, as defined in
39Section 280.12 of Title 40 of the Code of Federal Regulations.

P18   1(C) The tank is subject to Chapter 6.67 (commencing with
2Section 25270).

3(D) The tank complies with the hazardous waste tank standards
4pursuant to Article 10 (commencing with Section 66265.190) of
5Chapter 15 of Title 22 of the California Code of Regulations.

6(4) “Storage” or “store” does not include the storage of
7hazardous wastes in an underground storage tank if all of the
8following apply:

9(A) The facility has been issued a unified program facility permit
10pursuant to Section 25404.2 for generation, treatment,
11accumulation, or storage of hazardous waste in a tank.

12(B) The tank is located in a structure that is at least 10 percent
13below the ground surface, including, but not limited to, a basement,
14cellar, shaft, pit, or vault.

15(C) The structure in which the tank is located, at a minimum,
16provides for secondary containment of the contents of the tank,
17 piping, and ancillary equipment, until cleanup occurs.

18(D) The tank complies with the hazardous waste tank standards
19pursuant to Article 10 (commencing with Section 66265.190) of
20Chapter 15 of Title 22 of the California Code of Regulations.

21(u) “Tank” means a stationary device designed to contain an
22accumulation of hazardous substances which is constructed
23primarily of nonearthen materials, including, but not limited to,
24wood, concrete, steel, or plastic that provides structural support.

25(v) “Tank integrity test” means a test method capable of
26detecting an unauthorized release from an underground storage
27tank consistent with the minimum standards adopted by the board.

28(w) “Tank tester” means an individual who performs tank
29integrity tests on underground storage tanks.

30(x) “Unauthorized release” means any release of any hazardous
31substance that does not conform to this chapter, including an
32unauthorized release specified in Section 25295.5.

33(y) (1) “Underground storage tank” means any one or
34combination of tanks, including pipes connected thereto, that is
35used for the storage of hazardous substances and that is
36substantially or totally beneath the surface of the ground.
37“Underground storage tank” does not include any of the following:

38(A) A tank with a capacity of 1,100 gallons or less that is located
39on a farm and that stores motor vehicle fuel used primarily for
40agricultural purposes and not for resale.

P19   1(B) A tank that is located on a farm or at the residence of a
2person, that has a capacity of 1,100 gallons or less, and that stores
3home heating oil for consumptive use on the premises where stored.

4(C) Structures, such as sumps, separators, storm drains, catch
5basins, oil field gathering lines, refinery pipelines, lagoons,
6evaporation ponds, well cellars, separation sumps, and lined and
7unlined pits, sumps, and lagoons. A sump that is a part of a
8monitoring system required under Section 25290.1, 25290.2,
925291, or 25292 and sumps or other structures defined as
10underground storage tanks under the federal act are not exempted
11by this subparagraph.

12(D) A tank holding hydraulic fluid for a closed loop mechanical
13system that uses compressed air or hydraulic fluid to operate lifts,
14elevators, and other similar devices.

15(E) A tank in an underground area, as defined in Section
1625270.2, and associated piping, that is subject to Chapter 6.67
17(commencing with Section 25270).

18(2) Structures identified in subparagraphs (C) and (D) of
19paragraph (1) may be regulated by the board and any regional
20board pursuant to the Porter-Cologne Water Quality Control Act
21(Division 7 (commencing with Section 13000) of the Water Code)
22to ensure that they do not pose a threat to water quality.

23(z) “Underground tank system” or “tank system” means an
24underground storage tank, connected piping, ancillary equipment,
25and containment system, if any.

26(aa) (1) “Unified program facility” means all contiguous land
27and structures, other appurtenances, and improvements on the land
28that are subject to the requirements of paragraph (3) of subdivision
29(c) of Section 25404.

30(2) “Unified program facility permit” means a permit issued
31pursuant to Chapter 6.11 (commencing with Section 25404), and
32that encompasses the permitting requirements of Section 25284.

33(3) “Permit” means a permit issued pursuant to Section 25284
34or a unified program facility permit as defined in paragraph (2).

35

begin deleteSEC. 9.end delete
36begin insertSEC. 10.end insert  

Section 25404 of the Health and Safety Code is
37amended to read:

38

25404.  

(a) For purposes of this chapter, the following terms
39shall have the following meanings:

P20   1(1) (A) “Certified Unified Program Agency” or “CUPA” means
2the agency certified by the secretary to implement the unified
3program specified in this chapter within a jurisdiction.

4(B) “Participating Agency” or “PA” means a state or local
5agency that has a written agreement with the CUPA pursuant to
6subdivision (d) of Section 25404.3, and is approved by the
7secretary, to implement or enforce one or more of the unified
8program elements specified in subdivision (c), in accordance with
9Sections 25404.1 and 25404.2.

10(C) “Unified Program Agency” or “UPA” means the CUPA, or
11its participating agencies to the extent each PA has been designated
12by the CUPA, pursuant to a written agreement, to implement or
13enforce a particular unified program element specified in
14subdivision (c). The UPAs have the responsibility and authority
15to implement and enforce the requirements listed in subdivision
16(c), and the regulations adopted to implement the requirements
17listed in subdivision (c), to the extent provided by Chapter 6.5
18(commencing with Section 25100), Chapter 6.67 (commencing
19with Section 25270), Chapter 6.7 (commencing with Section
2025280), Chapter 6.95 (commencing with Section 25500), and
21Sections 25404.1 to 25404.2, inclusive. After a CUPA has been
22certified by the secretary, the unified program agencies and the
23state agencies carrying out responsibilities under this chapter shall
24be the only agencies authorized to enforce the requirements listed
25in subdivision (c) within the jurisdiction of the CUPA.

26(2) “Department” means the Department of Toxic Substances
27Control.

28(3) “Minor violation” means the failure of a person to comply
29with a requirement or condition of an applicable law, regulation,
30permit, information request, order, variance, or other requirement,
31whether procedural or substantive, of the unified program that the
32UPA is authorized to implement or enforce pursuant to this chapter,
33and that does not otherwise include any of the following:

34(A) A violation that results in injury to persons or property, or
35that presents a significant threat to human health or the
36environment.

37(B) A knowing, willful, or intentional violation.

38(C) A violation that is a chronic violation, or that is committed
39by a recalcitrant violator. In determining whether a violation is
40chronic or a violator is recalcitrant, the UPA shall consider whether
P21   1there is evidence indicating that the violator has engaged in a
2pattern of neglect or disregard with respect to applicable regulatory
3requirements.

4(D) A violation that results in an emergency response from a
5public safety agency.

6(E) A violation that enables the violator to benefit economically
7from the noncompliance, either by reduced costs or competitive
8advantage.

9(F) A class I violation as provided in Section 25117.6.

10(G) A class II violation committed by a chronic or a recalcitrant
11violator, as provided in Section 25117.6.

12(H) A violation that hinders the ability of the UPA to determine
13compliance with any other applicable local, state, or federal rule,
14regulation, information request, order, variance, permit, or other
15requirement.

16(4) “Secretary” means the Secretary for Environmental
17Protection.

18(5) “Unified program facility” means all contiguous land and
19structures, other appurtenances, and improvements on the land
20that are subject to the requirements listed in subdivision (c).

21(6) “Unified program facility permit” means a permit issued
22pursuant to this chapter. For the purposes of this chapter, a unified
23program facility permit encompasses the permitting requirements
24of Section 25284, and permit or authorization requirements under
25a local ordinance or regulation relating to the generation or
26handling of hazardous waste or hazardous materials, but does not
27encompass the permitting requirements of a local ordinance that
28incorporates provisions of the California Fire Code or the
29California Building Code.

30(b) The secretary shall adopt implementing regulations and
31implement a unified hazardous waste and hazardous materials
32management regulatory program, which shall be known as the
33unified program, after holding an appropriate number of public
34hearings throughout the state. The unified program shall be
35developed in close consultation with the director, the Secretary of
36California Emergency Management, the State Fire Marshal, the
37executive officers and chairpersons of the State Water Resources
38Control Board and the California regional water quality control
39boards, the local health officers, local fire services, and other
40appropriate officers of interested local agencies, and affected
P22   1businesses and interested members of the public, including
2environmental organizations.

3(c) The unified program shall consolidate the administration of
4the following requirements and, to the maximum extent feasible
5within statutory constraints, shall ensure the coordination and
6consistency of any regulations adopted pursuant to those
7requirements:

8(1) (A) Except as provided in subparagraphs (B) and (C), the
9requirements of Chapter 6.5 (commencing with Section 25100),
10and the regulations adopted by the department pursuant thereto,
11that are applicable to all of the following:

12(i) Hazardous waste generators, persons operating pursuant to
13 a permit-by-rule, conditional authorization, or conditional
14exemption, pursuant to Chapter 6.5 (commencing with Section
1525100) or the regulations adopted by the department.

16(ii) Persons managing perchlorate materials.

17(iii) Persons subject to Article 10.1 (commencing with Section
1825211) of Chapter 6.5.

19(iv) Persons operating a collection location that has been
20established under an architectural paint stewardship plan approved
21by the Department of Resources Recycling and Recovery pursuant
22to the architectural paint recovery program established pursuant
23to Chapter 5 (commencing with Section 48700) of Part 7 of
24Division 30 of the Public Resources Code.

25(v) On and before December 31, 2019, a transfer facility, as
26defined in paragraph (3) of subdivision (a) of Section 25123.3,
27that is operated by a door-to-door household hazardous waste
28collection program or household hazardous waste residential pickup
29service, as defined in subdivision (c) of Section 25218.1. On and
30after January 1, 2020, the unified program shall not include a
31transfer facility operated by a door-to-door household hazardous
32waste collection program.

33(vi) Persons who receive used oil from consumers pursuant to
34Section 25250.11.

35(B) The unified program shall not include the requirements of
36paragraph (3) of subdivision (c) of Section 25200.3, the
37requirements of Sections 25200.10 and 25200.14, and the authority
38to issue an order under Sections 25187 and 25187.1, with regard
39to those portions of a unified program facility that are subject to
40one of the following:

P23   1(i) A corrective action order issued by the department pursuant
2to Section 25187.

3(ii) An order issued by the department pursuant to Chapter 6.8
4(commencing with Section 25300) or former Chapter 6.85
5(commencing with Section 25396).

6(iii) A remedial action plan approved pursuant to Chapter 6.8
7(commencing with Section 25300) or former Chapter 6.85
8(commencing with Section 25396).

9(iv) A cleanup and abatement order issued by a California
10regional water quality control board pursuant to Section 13304 of
11the Water Code, to the extent that the cleanup and abatement order
12addresses the requirements of the applicable section or sections
13listed in this subparagraph.

14(v) Corrective action required under subsection (u) of Section
156924 of Title 42 of the United States Code or subsection (h) of
16Section 6928 of Title 42 of the United States Code.

17(vi) An environmental assessment pursuant to Section 25200.14
18or a corrective action pursuant to Section 25200.10 or paragraph
19(3) of subdivision (c) of Section 25200.3, that is being overseen
20by the department.

21(C) The unified program shall not include the requirements of
22Chapter 6.5 (commencing with Section 25100), and the regulations
23adopted by the department pursuant thereto, applicable to persons
24operating transportable treatment units, except that any required
25notice regarding transportable treatment units shall also be provided
26to the CUPAs.

27(2) The requirements of Chapter 6.67 (commencing with Section
2825270) concerning aboveground storage tanks.

29(3) (A) Except as provided in subparagraphs (B) and (C), the
30requirements of Chapter 6.7 (commencing with Section 25280)
31concerning underground storage tanks and the requirements of any
32underground storage tank ordinance adopted by a city or county.

33(B) The unified program shall not include the responsibilities
34assigned to the State Water Resources Control Board pursuant to
35Section 25297.1.

36(C) The unified program shall not include the corrective action
37requirements of Sections 25296.10 to 25296.40, inclusive.

38(4) The requirements of Article 1 (commencing with Section
3925500) of Chapter 6.95 concerning hazardous material release
40response plans and inventories.

P24   1(5) The requirements of Article 2 (commencing with Section
225531) of Chapter 6.95, concerning the accidental release
3prevention program.

4(6) The requirements for the hazardous materials plan and
5hazardous materials inventory statement of the California Fire
6Code, as adopted by the State Fire Marshal pursuant to Section
713143.9.

8(d) To the maximum extent feasible within statutory constraints,
9the secretary shall consolidate, coordinate, and make consistent
10these requirements of the unified program with other requirements
11imposed by other federal, state, regional, or local agencies upon
12facilities regulated by the unified program.

13(e) (1) The secretary shall establish standards applicable to
14CUPAs, participating agencies, state agencies, and businesses
15specifying the data to be collected and submitted by unified
16program agencies in administering the programs listed in
17subdivision (c).

18(2) (A) The secretary shall establish a statewide information
19management system capable of receiving all data collected by the
20unified program agencies and reported by regulated businesses
21pursuant to this subdivision, in a manner that is most cost efficient
22and effective for both the regulated businesses and state and local
23agencies. The secretary shall prescribe an XML or other compatible
24Web-based format for the transfer of data from CUPAs and
25regulated businesses and make all nonconfidential data available
26on the Internet.

27(B) The secretary shall establish milestones to measure the
28implementation of the statewide information management system
29and shall provide periodic status updates to interested parties.

30(3) (A) (i) Except as provided in subparagraph (B), in addition
31to any other funding that becomes available, the secretary shall
32increase the oversight surcharge provided for in subdivision (b)
33of Section 25404.5 by an amount necessary to meet the
34requirements of this subdivision for a period of three years, to
35establish the statewide information management system, consistent
36with paragraph (2). The increase in the oversight surcharge shall
37not exceed twenty-five dollars ($25) in any one year of the
38three-year period. The secretary shall thereafter maintain the
39statewide information management system, funded by the
P25   1assessment the secretary is authorized to impose pursuant to
2Section 25404.5.

3(ii) No less than 75 percent of the additional funding raised
4pursuant to clause (i) shall be provided to CUPAs and PAs through
5grant funds or statewide contract services, in the amounts
6determined by the secretary to assist these local agencies in meeting
7these information management system requirements.

8(B) A facility that is owned or operated by the federal
9government and that is subject to the unified program shall pay
10the surcharge required by this paragraph to the extent authorized
11by federal law.

12(C) The secretary, or one or more of the boards, departments,
13or offices within the California Environmental Protection Agency,
14shall seek available federal funding for purposes of implementing
15this subdivision.

16(4) No later than three years after the statewide information
17management system is established, each CUPA, PA, and regulated
18business shall report program data electronically. The secretary
19shall work with the CUPAs to develop a phased in schedule for
20the electronic collection and submittal of information to be included
21in the statewide information management system, giving first
22priority to information relating to those chemicals determined by
23the secretary to be of greatest concern. The secretary, in making
24this determination shall consult with the CUPAs, the California
25Emergency Management Agency, the State Fire Marshal, and the
26boards, departments, and offices within the California
27Environmental Protection Agency.

28(5) The secretary, in collaboration with the CUPAs, shall provide
29technical assistance to regulated businesses to comply with the
30electronic reporting requirements and may expend funds identified
31in clause (i) of subparagraph (A) of paragraph (3) for that purpose.

32

begin deleteSEC. 10.end delete
33begin insertSEC. 11.end insert  

Section 25505 of the Health and Safety Code is
34amended to read:

35

25505.  

(a) A business plan shall contain all of the following
36information:

37(1) The inventory of information required by this article and
38additional information the governing body of the unified program
39agency finds necessary to protect the health and safety of persons,
40property, or the environment. Locally required information shall
P26   1be adopted by local ordinance and shall be subject to trade secret
2protection specified in Section 25512. The unified program agency
3shall notify the secretary within 30 days after those requirements
4are adopted.

5(2) A site map that contains north orientation, loading areas,
6internal roads, adjacent streets, storm and sewer drains, access and
7exit points, emergency shutoffs, evacuation staging areas,
8hazardous material handling and storage areas, emergency response
9equipment, and additional map requirements the governing body
10of the unified program agency finds necessary. Any locally required
11additional map requirements shall be adopted by local ordinance.
12This ordinance and related public processes are subject to the
13limitations on the disclosure of hazardous material location
14information specified in subdivision (b) of Section 25509. The
15unified program agency shall notify the secretary both before
16publishing a proposed ordinance to require additional map
17requirements and within 30 days after those requirements are
18adopted. A site map shall be updated to include the additional
19information required pursuant to the local ordinance no later than
20one year after adoption of the local ordinance.

21(3) Emergency response plans and procedures in the event of a
22release or threatened release of a hazardous material, including,
23but not limited to, all of the following:

24(A) Immediate notification contacts to the appropriate local
25emergency response personnel and to the unified program agency.

26(B) Procedures for the mitigation of a release or threatened
27release to minimize any potential harm or damage to persons,
28property, or the environment.

29(C) Evacuation plans and procedures, including immediate
30notice, for the business site.

31(4) Training for all new employees and annual training,
32including refresher courses, for all employees in safety procedures
33in the event of a release or threatened release of a hazardous
34material, including, but not limited to, familiarity with the plans
35and procedures specified in paragraph (3). These training programs
36may take into consideration the position of each employee. This
37training shall be documented electronically or by hard copy and
38shall be made available for a minimum of three years.

39(b) A business required to file a pipeline operations contingency
40plan in accordance with the Elder California Pipeline Safety Act
P27   1of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1
2of Division 1 of Title 5 of the Government Code) and the
3regulations of the Department of Transportation, found in Part 195
4(commencing with Section 195.0) of Subchapter D of Chapter I
5of Subtitle B of Title 49 of the Code of Federal Regulations, may
6file a copy of those plans with the unified program agency instead
7of filing an emergency response plan specified in paragraph (3)
8of subdivision (a).

9(c) The emergency response plans and procedures, the inventory
10of information required by this article, and the site map required
11 by this section shall be readily available to personnel of the
12business or the unified program facility with responsibilities for
13emergency response or training pursuant to this section.

14

begin deleteSEC. 11.end delete
15begin insertSEC. 12.end insert  

Section 25507 of the Health and Safety Code is
16amended to read:

17

25507.  

(a) Except as provided in this article, a business shall
18establish and implement a business plan for emergency response
19to a release or threatened release of a hazardous material in
20accordance with the standards prescribed in the regulations adopted
21pursuant to Section 25503 if the business meets any of the
22following conditions at any unified program facility:

23(1) (A) It handles a hazardous material or a mixture containing
24a hazardous material that has a quantity at any one time during the
25reporting year that is equal to, or greater than, 55 gallons for
26materials that are liquids, 500 pounds for solids, or 200 cubic feet
27for compressed gas, as defined in subdivision (i) of Section 25501.
28The physical state and quantity present of mixtures shall be
29determined by the physical state of the mixture as a whole, not
30individual components, at standard temperature and pressure.

31(B) For the purpose of this section, for compressed gases, if a
32hazardous material or mixture is determined to exceed threshold
33quantities at standard temperature and pressure, it shall be reported
34in the physical state at which it is stored. If the material is an
35extremely hazardous substance, as defined in Section 355.61 of
36Title 40 of the Code of Federal Regulations, all amounts shall be
37reported in pounds.

38(2) It is required to submit chemical inventory information
39pursuant to Section 11022 of Title 42 of the United States Code.

P28   1(3) It handles at any one time during the reporting year an
2amount of a hazardous material that is equal to, or greater than the
3threshold planning quantity, under both of the following conditions:

4(A) The hazardous material is an extremely hazardous substance,
5as defined in Section 355.61 of Title 40 of the Code of Federal
6Regulations.

7(B) The threshold planning quantity for that extremely hazardous
8substance listed in Appendices A and B of Part 355 (commencing
9with Section 355.1) of Subchapter J of Chapter I of Title 40 of the
10Code of Federal Regulations is less than 500 pounds.

11(4) (A) It handles at any one time during the reporting year a
12total weight of 5,000 pounds for solids or a total volume of 550
13gallons for liquids, if the hazardous material is a solid or liquid
14substance that is classified as a hazard for purposes of Section
155194 of Title 8 of the California Code of Regulations solely as an
16irritant or sensitizer, except as provided in subparagraph (B).

17(B) If the hazardous material handled by the facility is a paint
18that will be recycled or otherwise managed under an architectural
19paint recovery program approved by the Department of Resources
20begin insertRecycling and end insertRecoverybegin delete and Recyclingend delete pursuant to Chapter 5
21(commencing with Section 48700) of Part 7 of Division 30 of the
22Public Resources Code, the business is required to establish and
23implement a business plan only if the business handles at any one
24time during the reporting year a total weight of 10,000 pounds of
25solid hazardous materials or a total volume of 1,000 gallons of
26liquid hazardous materials.

27(5) It handles at any one time during the reporting yearbegin delete cryogenicend delete
28begin insert cryogenic,end insert refrigerated, or compressed gas in a quantity of 1,000
29cubic feet or more at standard temperature and pressure, if the gas
30is any of the following:

31(A) Classified as a hazard for the purposes of Section 5194 of
32Title 8 of the California Code of Regulations only for hazards due
33to simple asphyxiation or the release of pressure.

34(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained
35by a physician, dentist, podiatrist, veterinarian, pharmacist, or
36emergency medical service provider at his or her place of business.

37(C) Carbon dioxide.

38(D) Nonflammable refrigerant gases, as defined in the California
39Fire Code, that are used in refrigeration systems.

40(E) Gases used in closed fire suppression systems.

P29   1(6) It handles a radioactive material at any one time during the
2reporting year in quantities for which an emergency plan is required
3to be considered pursuant to Schedule C (Section 30.72) of Part
430 (commencing with Section 30.1), Part 40 (commencing with
5Section 40.1), or Part 70 (commencing with Section 70.1), of
6Chapter 1 of Title 10 of the Code of Federal Regulations, or
7pursuant to any regulations adopted by the state in accordance with
8those regulations.

9(7) It handles perchlorate material, as defined in subdivision (c)
10of Section 25210.5, in a quantity at any one time during the
11reporting year that is equal to, or greater than, the thresholds listed
12in paragraph (1).

13(b) The following hazardous materials are exempt from the
14requirements of this section:

15(1) Refrigerant gases, other than ammonia or flammable gas in
16a closed cooling system, that are used for comfort or space cooling
17for computer rooms.

18(2) Compressed air in cylinders, bottles, and tanks used by fire
19departments and other emergency response organizations for the
20purpose of emergency response and safety.

21(3) (A) Lubricating oil, if the total volume of each type of
22lubricating oil handled at a facility does not exceed 55 gallons and
23the total volume of all types of lubricating oil handled at that
24facility does not exceed 275 gallons, at any one time.

25(B) For purposes of this paragraph, “lubricating oil” means oil
26intended for use in an internal combustion crankcase, or the
27transmission, gearbox, differential, or hydraulic system of an
28automobile, bus, truck, vessel, airplane, heavy equipment, or other
29machinery powered by an internal combustion or electric powered
30engine. “Lubricating oil” does not include used oil, as defined in
31subdivision (a) of Section 25250.1.

32(4) Both of the following, if the aggregate storage capacity of
33oil at the facility is less than 1,320 gallons and a spill prevention
34begin delete countermeasure and controlend deletebegin insert control and countermeasureend insert plan is
35not required pursuant to Part 112 (commencing with Section 112.1)
36of Subchapter D of Chapter I of Title 40 of the Code of Federal
37Regulations.

38(A) Fluid in a hydraulic system.

39(B) Oil-filled electrical equipment that is not contiguous to an
40electric facility.

P30   1(5) Hazardous material contained solely in a consumer product,
2handled at, and found in, a retail establishment and intended for
3sale to, and for the use by, the public. The exemption provided for
4in this paragraph shall not apply to a consumer product handled
5at the facility which manufactures that product, or a separate
6warehouse or distribution center of that facility, or where a product
7is dispensed on the retail premises.

8(6) Propane that is for on-premises use, storage, or both, in an
9amount not to exceed 500 gallons, that is for the sole purpose of
10cooking, heating employee work areas, and heating water within
11that facility, unless the unified program agency finds, and provides
12notice to the business handling the propane, that the handling of
13the on-premises propane requires the submission of a business
14plan, or any portion of a business plan, in response to public health,
15safety, or environmental concerns.

16(c) In addition to the authority specified in subdivision (e), the
17governing body of the unified program agency may, in exceptional
18circumstances, following notice and public hearing, exempt a
19hazardous material specified in subdivision (n) of Section 25501
20from Section 25506, if it is found that the hazardous material would
21not pose a present or potential danger to the environment or to
22human health and safety if the hazardous material was released
23into the environment. The unified program agency shall send a
24notice to the office and the secretary within 15 days from the
25effective date of any exemption granted pursuant to this
26subdivision.

27(d) The unified program agency, upon application by a handler,
28may exempt the handler, under conditions that the unified program
29agency determines to be proper, from any portion of the
30requirements to establish and maintain a business plan, upon a
31written finding that the exemption would not pose a significant
32present or potential hazard to human health or safety or to the
33environment, or affect the ability of the unified program agency
34and emergency response personnel to effectively respond to the
35release of a hazardous material, and that there are unusual
36circumstances justifying the exemption. The unified program
37agency shall specify in writing the basis for any exemption under
38this subdivision.

39(e) The unified program agency, upon application by a handler,
40may exempt a hazardous material from the inventory provisions
P31   1of this article upon proof that the material does not pose a
2significant present or potential hazard to human health and safety
3or to the environment if released into the workplace or
4environment. The unified program agency shall specify in writing
5the basis for any exemption under this subdivision.

6(f) The unified program agency shall adopt procedures to
7provide for public input when approving applications submitted
8pursuant to subdivisions (d) and (e).

9

begin deleteSEC. 12.end delete
10begin insertSEC. 13.end insert  

Section 25507.2 of the Health and Safety Code is
11amended to read:

12

25507.2.  

Except as specified in this section, unless required
13by a local ordinance, the unified program agency shall exempt a
14business from application of Sections 25506, 25507, 25508.2, and
1525511 to an unstaffed facility located at least one-half mile from
16the nearest occupied structure if the facility is not otherwise subject
17to the requirements of applicable federal law, and all of the
18following requirements are met:

19(a) The types and quantities of materials onsite are limited to
20one or more of the following:

21(1) One thousand standard cubic feet of compressed inert gases
22(asphyxiation and pressure hazards only).

23(2) Five hundred gallons of combustible liquid used as a fuel
24source.

25(3) Corrosive liquids, not to exceed 500 pounds of extremely
26hazardous substances, used as electrolytes, and in closed containers.

27(4) Five hundred gallons of lubricating and hydraulic fluids.

28(5) One thousand two hundred gallons of hydrocarbon gas used
29as a fuel source.

30(6) Any quantity of mineral oil contained within electrical
31equipment, such as transformers, bushings, electrical switches,
32and voltage regulators, if the spill prevention control and
33countermeasure plan has been prepared for quantities that meet or
34exceed 1,320 gallons.

35(b) The facility is secured and not accessible to the public.

36(c) Warning signs are posted and maintained for hazardous
37materials pursuant to the California Fire Code.

38(d) (1) Notwithstanding Sections 25505 and 25507, a one-time
39business plan, except for the emergency response plan and training
40elements specified in paragraphs (3) and (4) of subdivision (a) of
P32   1Section 25505, is submitted to the statewide information
2management system. This one-time business plan submittal is
3subject to a verification inspection by the unified program agency
4and the unified program agency may assess a fee not to exceed the
5actual costs of processing and for inspection, if an inspection is
6conducted.

7(2) If the information contained in the one-time submittal of the
8business plan changes and the time period of the change is longer
9than 30 days, the business plan shall be resubmitted within 30 days
10to the statewide information management system to reflect any
11change in the business plan. A fee not to exceed the actual costs
12of processing and inspection, if conducted, may be assessed by
13the unified program agency.

14

begin deleteSEC. 13.end delete
15begin insertSEC. 14.end insert  

Section 25508.1 of the Health and Safety Code is
16amended to read:

17

25508.1.  

Within 30 days of any one of the following events,
18a business subject to this article shall electronically update the
19information submitted to the statewide information management
20system:

21(a) A 100 percent or more increase in the quantity of a
22previously disclosed material.

23(b) Any handling of a previously undisclosed hazardous material
24subject to the inventory requirements of this article.

25(c) Change of business or facility address.

26(d) Change of business ownership.

27(e) Change of business name.

28(f) (1) A substantial change in the handler’s operations occurs
29that requires modification to any portion of the business plan.

30(2) For the purpose of this subdivision, “substantial change”
31means any change in a facility that would inhibit immediate
32response during an emergency by either site personnel or
33emergency response personnel, or that could inhibit the handler’s
34ability to comply with Section 25507, change the operational
35knowledge of the facility, or impede implementation of the business
36plan.

37

begin deleteSEC. 14.end delete
38begin insertSEC. 15.end insert  

Section 25531.2 of the Health and Safety Code is
39amended to read:

P33   1

25531.2.  

(a) The Legislature finds and declares that as the
2state implements the federal accidental release prevention program
3pursuant to this article, the Office of Emergency Services will play
4a vital and increased role in preventing accidental releases of
5extremely hazardous substances. The Legislature further finds and
6declares that as an element of the unified program established
7pursuant to Chapter 6.11 (commencing with Section 25404), a
8single fee system surcharge mechanism is established by Section
925404.5 to cover the costs incurred by the office pursuant to this
10article. It is the intent of the Legislature that this existing authority,
11together with any federal assistance that may become available to
12implement the accidental release program, be used to fully fund
13the activities of the office necessary to implement this article.

14(b) The Legislature further finds and declares that the owners
15and operators of stationary sources producing, processing, handling,
16or storing hazardous materials have a general duty, in the same
17manner and to the same extent as is required by Section 654 of
18Title 29 of the United States Code, to identify hazards that may
19result from releases using appropriate hazard assessment
20techniques, to design and maintain a safe facility taking those steps
21as are necessary to prevent releases, and to minimize the
22consequences of accidental releases that do occur.

23(c) The office shall use any federal assistance received to
24implement Chapter 6.11 (commencing with Section 25404) to
25offset any fees or charges levied to cover the costs incurred by the
26office pursuant to this article.

27

begin deleteSEC. 15.end delete
28begin insertSEC. 16.end insert  

Section 118330 of the Health and Safety Code is
29amended to read:

30

118330.  

(a) Whenever the enforcement agency determines
31that a violation or threatened violation of this part or the regulations
32adopted pursuant to this part has resulted, or is likely to result, in
33a release of medical waste into the environment, the agency may
34issue an order to the responsible person specifying a schedule for
35compliance or imposing an administrative penalty of not more
36than five thousand dollars ($5,000) per violation. A person who,
37after notice and an opportunity for hearing, violates an order issued
38pursuant to this section is guilty of a misdemeanor.

39(b) (1) In establishing the amount of the administrative penalty
40and ordering that the violation be corrected pursuant to this section,
P34   1the enforcement agency shall take into consideration the nature,
2circumstances, extent, and gravity of the violation, the violator’s
3past and present efforts to prevent, abate, or clean up conditions
4posing a threat to the public health or safety or the environment,
5the violator’s ability to pay the penalty, and the deterrent effect
6that the imposition of the penalty would have on both the violator
7and the regulated community.

8(2) If the amount of the administrative penalty is set after the
9person is served with the order pursuant to subdivision (c) or after
10the order becomes final, the person may request a hearing to dispute
11the amount of the administrative penalty and is entitled to the same
12process as provided in subdivision (c), whether or not the person
13disputed the facts of the violation through that process.

14(3) An administrative penalty assessed pursuant to this section
15shall be in addition to any other penalties or sanctions imposed by
16law.

17(c) (1) An order issued pursuant to this section shall be served
18by personal service or certified mail and shall inform the person
19served of the right to a hearing.

20(2) A person served with an order pursuant to paragraph (1) and
21who has been unable to resolve the violation with the enforcement
22agency may, within 15 days after service of the order, request a
23hearing by filing with the enforcement agency a notice of defense.
24The notice shall be filed with the agency that issued the order. A
25notice of defense shall be deemed filed within the 15-day period
26if it is postmarked within that 15-day period. If no notice of defense
27is filed within the 15-day time period, the order shall become final.

28(3) Except as otherwise provided in paragraph (4), a person
29requesting a hearing on an order issued pursuant to this section
30may select the hearing officer specified in either subparagraph (A)
31or (B) of paragraph (4) in the notice of defense filed with the
32enforcement agency pursuant to paragraph (2). If a notice of
33defense is filed, but no hearing officer is selected, the enforcement
34agency may select the hearing officer.

35(4) Within 90 days of receipt of the notice of defense by the
36enforcement agency, the hearing shall be scheduled using one of
37the following:

38(A) An administrative law judge of the Office of Administrative
39Hearings of the Department of General Services, who shall conduct
40the hearing in accordance with Chapter 4.5 (commencing with
P35   1Section 11400) of Part 1 of Division 3 of Title 2 of the Government
2Code, and the enforcement agency shall have all the authority
3granted to an agency by those provisions.

4(B) (i) A hearing officer designated by the enforcement agency,
5who shall conduct the hearing in accordance with Chapter 4.5
6(commencing with Section 11400) of Part 1 of Division 3 of Title
72 of the Government Code, and the enforcement agency shall have
8all the authority granted to an agency by those provisions. When
9a hearing is conducted by an enforcement agency hearing officer
10pursuant to this clause, the enforcement agency shall issue a
11decision within 60 days after the hearing is conducted. Each
12hearing officer designated by an enforcement agency shall meet
13the requirements of Section 11425.30 of the Government Code
14and any other applicable restriction.

15(ii) An enforcement agency, or a person requesting a hearing
16on an order issued by an enforcement agency, may select the
17hearing process specified in this subparagraph in a notice of defense
18 filed pursuant to paragraph (2) only if the enforcement agency has
19selected a designated hearing officer and established a program
20for conducting a hearing in accordance with this paragraph.

21(5) The hearing decision issued pursuant to this subdivision
22shall be effective and final upon issuance by the enforcement
23agency. A copy of the decision shall be served by personal service
24or by certified mail upon the party served with the order, or their
25representative, if any.

26(6) The person has a right to appeal the hearing decision if,
27within 30 days of the date of receipt of the final decision pursuant
28to paragraph (5), the person files a written notice of appeal with
29the enforcement agency. The appeal shall be in accordance with
30the Administrative Procedure Act (Chapter 3.5 (commencing with
31Section 11340) of Part 1 of Division 3 of Title 2 of the Government
32Code).

33(7) A decision issued pursuant to paragraph (6) may be reviewed
34by a court pursuant to Section 11523 of the Government Code. In
35all proceedings pursuant to this section, the court shall uphold the
36decision of the enforcement agency if the decision is based upon
37substantial evidence in the record as a whole. The filing of a
38petition for writ of mandate shall not stay an action required
39pursuant to this chapter or the accrual of any penalties assessed
P36   1pursuant to this chapter. This subdivision does not prohibit the
2court from granting any appropriate relief within its jurisdiction.

3(d) A provision of an order issued under this section, except the
4imposition of an administrative penalty, shall take effect upon
5issuance of the order by the enforcement agency if the enforcement
6agency finds that the violation or violations of law associated with
7that provision may pose an imminent and substantial danger to the
8public health or safety or the environment. A request for a hearing
9or appeal, as provided in subdivision (c), shall not stay the effect
10of that provision of the order pending a hearing decision. If the
11enforcement agency determines that any or all provisions of the
12order are so related that the public health or safety or the
13environment can be protected only by immediate compliance with
14the order as a whole, the order as a whole, except the imposition
15of an administrative penalty, shall take effect upon issuance by
16the enforcement agency. A request for a hearing shall not stay the
17effect of the order as a whole pending a hearing decision.

18(e) The enforcement agency shall consult with the district
19attorney, county counsel, or city attorney on the development of
20policies to be followed in exercising the authority delegated
21pursuant to this section as it relates to the authority of the
22enforcement agency to issue orders.

23

begin deleteSEC. 16.end delete
24begin insertSEC. 17.end insert  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.



O

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