BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 612| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: SB 612 Page 2 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 SB 612 Page 3 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. SB 612 Page 4 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. SB 612 Page 5 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 SB 612 Page 6 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. SB 612 Page 7 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 **** END ****