BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular SB 612 (Jackson) - Hazardous materials ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 6, 2015 |Policy Vote: E.Q. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes (see staff | | |comment) | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 27, 2015 |Consultant: Marie Liu | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 612 would make various changes to the Aboveground Petroleum Storage Act and other aspects of the unified program to regarding the duties and responsibilities of local and state administrators. Fiscal Impact: First-year costs of $150,000 and $100,000 ongoing from the Unified Program Account (special) to the State Fire Marshall for additional responsibilities under the Aboveground Petroleum Storage Act. Background: Existing law requires the California Environmental Protection Agency (CalEPA) to implement a unified hazardous waste and hazardous materials management regulatory program (unified SB 612 (Jackson) Page 1 of ? program). The program is administered by unified program agencies (UPAs), which is the state, a designated local agency, or one of 83 local government agencies that have certified by the secretary of CalEPA as having met specified requirements necessary to implement the unified program agency (certified unified program agency or CUPA). The Department of Toxic Substances Control, the Office of the State Fire Marshal (SFM), the California Emergency Management Agency, and the State Water Resources Control Board have various oversight responsibilities in the unified program. Existing law requires UPAs to establish area plans for emergency response to a release or threatened release of a hazardous material. UPAs also responsible for requiring businesses that handles hazardous materials to establish and implement business plans that include an inventory of specified information that would necessary in a response to a release or threatened release of a hazardous material. Part of the business plan is a site map that includes information such as access and exit points and emergency shutoffs. Existing law establishes the Aboveground Petroleum Storage Act (APSA) which is largely administered by the CUPAs with oversight by the SFM. Existing law (HSC §25404.5) requires CUPAs to institute a single fee system, which is required to include a surcharge to cover the necessary and reasonable costs of the state agencies in carrying out their responsibilities in the unified program. The surcharge amount is determined by the CalEPA secretary annually. Proposed Law: This bill would make various changes to the state's hazardous waste laws. Specifically, this bill would: Modify definitions, including the definition of "aboveground storage tank" and "storage" to help align responsibilities between the APSA, the Underground Storage Tank law, and the Hazardous Waste Control Act. One of these changes clarifies that a storage tank that is an underground area in a structure (such as a vault or basement), can be regulated as an above SB 612 (Jackson) Page 2 of ? ground tank. Clarifying visual inspection requirements under the APSA. Require the SFM to adopt regulations implementing the APSA. Require the SFM to approve alternative inspection and compliance plans submitted by an UPA under the APSA. Expand requirements of the contents of a business plan submitted under the APSA. Allow an UPA to make additional requirements of the site map that is part of a business plan. Specify the authority of UPAs to inspect and regulate used oil collection centers. Make various technical changes to the hazardous waste laws. Make legislative findings and declarations relative to the unified program, including findings in the California Accidental Release Prevention Program, that the owners and operators of stationary sources dealing with hazardous materials have a general duty to identify hazards which might result in spills and to take necessary steps to prevent spills and minimize the consequences of accidental spills that do occur. Related Legislation: SB 1261 (Jackson) Chapter 715, Statutes of 2014 revised and recast the area and business plan requirements for CUPAs. SB 612 (Jackson) Page 3 of ? SB 483 (Jackson) Chapter 419, Statutes of 2013 revised and recast the area and business plan requirements including authorization for CUPAs to implement and enforce specific provisions. AB 1566 (Wieckowski) Chapter 532, Statutes of 2012 established the SFM as the state oversight agency under the APSA. Staff Comments: This bill would make the SFM's authority to adopt the regulations to implement the APSA a mandatory activity. The approved 2013-14 budget provided two additional positions for the SFM for its then-new oversight responsibilities under the APSA due to the passage of AB 1566, including the development of implementing regulations. This regulatory process is currently underway and is anticipated to be completed by the end of 2015. As these regulatory actions are already funded, this bill would not necessitate any additional costs for regulation development. This bill would increase the duties of the SFM in overseeing the APSA, including training CUPAs and fire code officials on the changes proposed in the bill. The SFM estimates that its expanded duties will require an additional PY at an ongoing cost of $100,000 annually with an additional $50,000 in one-time costs in the first year. This bill creates a state mandate on local agencies as it modifies existing crimes and creates new crimes. However, costs associated with these mandates are not reimbursable pursuant to the California Constitution. Additionally, any mandates of the CUPAs are also not reimbursable as the CUPAs have existing fee authority to recover their costs. -- END -- SB 612 (Jackson) Page 4 of ?