BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 612|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  SB 612
          Author:   Jackson (D)
          Amended:  4/6/15  
          Vote:     21  

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  7-0, 4/15/15
           AYES:  Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Hazardous materials


           SOURCE:    The California Association of Environmental Health  
                     Administrators 
                      The California Fire Chiefs Association



          DIGEST:  This bill updates, rearranges and clarifies the statute  
          related to certified unified program agencies (CUPA)  
          administration.  The CUPA forum board has been meeting with  
          business stakeholders to clarify the provisions of the health  
          and safety code related to CUPAs to better provide consistent  
          interpretation of the statute statewide for all 83 CUPAs.  




          ANALYSIS:


          Existing law:









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           1) Provides, under the Hazardous Waste Control Act (HWCA), for  
             the registration, licensure and permitting of hazardous waste  
             generators, transporters and storage, transfer and disposal  
             facilities. 
           
           2) Requires the Secretary for the California Environmental  
             Protection Agency (CalEPA) to adopt regulations and implement  
             a unified hazardous waste and hazardous materials management  
             regulatory program.

           3) Establishes the respective responsibilities of CUPAs,  
             designated to implement that unified program, locally, and  
             requires the Secretary of CalEPA to establish a statewide  
             information management system for purposes of receiving data  
             collected by CUPAs.

           4) Establishes the responsibility of a local administering  
             agency authorized to implement and enforce provisions that  
             require (a) the administering agency to establish area plans  
             for emergency response to a release or threatened release of  
             a hazardous material and (b) a business that handles a  
             hazardous material to establish and implement a business plan  
             for such a response.  Authorizes a CUPA to implement and  
             enforce these provisions as an administering agency, as  
             specified.

           5) Specifies the contents of the business plan required of the  
             hazardous materials handler and requires the plan to be  
             submitted to the administering agency.  Requires the  
             administering agency to submit to the Office of Emergency  
             Services (OES), the area plan, a plan to conduct onsite  
             inspection, and a plan to institute a data management system.  
              A violation of the business plan requirements is a  
             misdemeanor.

           6) Requires the OES to adopt, after public hearing and  
             consultation with the Office of the State Fire Marshal (OSFM)  
             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 OES.  Requires a CUPA, in consultation  
             with local emergency response agencies, to establish an area  








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             plan for emergency response to a release or threatened  
             release of a hazardous material within its jurisdiction.  A  
             CUPA is required to submit a proposed area plan to the OES,  
             and OES is required to notify the CUPA whether the area plan  
             is adequate and meets the standards adopted by OES in  
             regulations.  Requires a CUPA to certify to OES every three  
             years that it has conducted a complete review of its area  
             plan and has made any necessary revisions and, if a  
             substantial change is made to its area plan, to forward the  
             changes to the office within 14 days after the changes have  
             been made. 

           7) 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 OES.  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.

           8) Defines, under the Aboveground Petroleum Storage Act, 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 as specified.  

           9) Requires CUPAs to implement the Aboveground Petroleum  
             Storage Act in accordance with regulations adopted by the  
             OSFM and authorizes the OSFM to adopt these regulations.

           10)Requires, under the Aboveground Petroleum Storage Act, 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,  
             except for certain tank facilities located on a farm,  
             nursery, logging site, or construction site.









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           11)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 Unified Program Agency (UPA).

           12)Provides for CUPA enforcement of HWCA violations.

          This bill:

           1) Requires the CUPA to certify to OES Services every three  
             years that it has conducted a review of its area plan and has  
             made any necessary revisions or that no substantial changes  
             have been made.

           2) Requires the site map to include additional map requirements  
             required by UPA pursuant to an ordinance.

           3) Revises the definition of "aboveground storage tank" to  
             include a tank or container that has the capacity to store 55  
             gallons or more of petroleum, including drums, intermediate  
             bulk containers, totes, mobile refuelers, oil-filled  
             operational equipment, and oil-filled manufacturing  
             equipment, and that is substantially or totally above the  
             surface of the ground and a tank in an underground area.

           4) Requires OSFM to adopt the regulations pursuant to Existing  
             law #9.

           5) Revises the exception as described in Existing law #10 to  
             the plan and inspection requirements to instead require that  
             the tank facility be operated by, instead of located on, the  
             farm, nursery, logging site, or construction site.  Requires  
             that the plan address best management practices to prevent  
             petroleum releases, as specified.

           6) Revises 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.









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           7) Makes consistent the CUPA enforcement of the Medical Waste  
             Management Act with HWCA.

           8) Makes other technical changes to the hazardous materials  
             laws.

           9) Makes additional legislative findings and declarations  
             relative to the unified program.

          Background

          SB 1082 (Calderon, Chapter 418, Statutes of 1993) required the  
          Secretary of the CalEPA to establish a "unified hazardous waste  
          and hazardous materials management" regulatory program (Unified  
          Program) by January 1, 1996.  Currently, there are 83 CUPAs in  
          California.  All counties have been certified by the Secretary.  
          The Unified Program consolidates, coordinates, and makes  
          consistent the following six existing programs: 
             

           Hazardous Materials Release Response Plans and Inventories.

           California Accidental Release Prevention Program. 

           Underground Storage Tank Program.

           Aboveground Petroleum Storage Act. 

           Hazardous Waste Generator and Onsite Hazardous Waste Treatment  
            (tiered permitting) Programs.

           California Uniform Fire Code:  Hazardous Material Management  
            Plans and Hazardous Material Inventory Statements. 

          A local agency, such as a county or city, applies to CalEPA for  
          certification as the UPA, responsible for implementing the  
          Unified Program within its jurisdiction.  A CUPA must establish  
          a program which consolidates, coordinates and makes consistent  
          the administrative requirements, permits, inspection activities,  
          enforcement activities, and hazardous waste and hazardous  
          materials fees.  The implementation of the Unified Program must  
          not result in more fragmentation between jurisdictions than  








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          existed before the Unified Program, and the Unified Program must  
          be consistent throughout the entire county. 

          Comments
          
          Purpose of the bill.  According to the author, "SB 612 is a  
          technical bill that makes a number of changes to various  
          sections of the Health and Safety Code.  These provisions deal  
          with area plans for emergency response to a release or  
          threatened release of a hazardous material, the Accidental  
          Release Prevention Program, used oil collection centers, the  
          Above Ground Petroleum Storage Act, the Underground Storage Tank  
          Act and the Hazardous Waste Control Act."

          The author states that "the purpose of the bill is to bring  
          clarity to certain provisions, reduce inconsistencies and  
          ambiguities and increase environmental protection by closing  
          gaps in regulatory programs.  These changes will ensure that the  
          programs specified above function more efficiently and  
          effectively." 

          Related/Prior Legislation
          
          SB 1261(Jackson, Chapter 715, Statutes of 2014) revised and  
          recasts the area and business plan requirements for CUPA.

          SB 483 (Jackson, Chapter 419, Statutes of 2013) revised and  
          recasts the area and business plan requirements in existing law,  
          which authorizes a CUPA to implement and enforce specified  
          provisions.  
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, first-year  
          costs of $150,000 and $100,000 ongoing from the UPA (special) to  
          the State Fire Marshall for additional responsibilities under  
          the Aboveground Petroleum Storage Act.

          










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          SUPPORT:   (Verified  5/28/15)

          The California Association of Environmental Health  
                         Administrators (co-source)
          The California Fire Chiefs Association (co-source)  


           OPPOSITION:   (Verified5/28/15)


          None received




          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          5/31/15 12:25:36


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