BILL ANALYSIS Ó
SB 612
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Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 612
(Jackson) - As Amended June 23, 2015
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|Policy |Environmental Safety and Toxic |Vote:|6 - 0 |
|Committee: |Materials | | |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill revises and clarifies the administration of the
Certified Unified Program Agencies (CUPA) program.
Specifically, this bill:
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1) Requires each CUPA to certify to the Office of Emergency
Services (OES) every three years that a review of its area
plan was conducted, and any necessary changes were made, or
no substantial changes were made.
2) Requires any additional CUPA map requirements to be
adopted by local ordinance.
3) Revises the definition of "aboveground storage tank" to
include a tank or container with a 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. Also defines "aboveground storage tank" as
substantially or totally above both the surface and a tank
in an underground area.
4) Revises the provisions of the exception to plan and
inspection requirements to require the tank facility to be
operated by, rather than located on, the farm, nursery,
logging site, or construction site. Also requires the plan
to address best management practices to prevent petroleum
releases, as specified.
5) Exempts storage in compliance with alternative hazardous
materials regulatory laws from the definition of "storage"
and "store" in the CUPA statute.
6) Establishes a due process for the CUPA enforcement of
the Medical Waste Management Act.
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FISCAL EFFECT:
First year costs of $150,000 and $100,000 ongoing (Unified
Program Account) for the State Fire Marshall to perform
additional duties relating to aboveground petroleum storage.
COMMENTS:
1)Purpose. The intent of this bill is to improve clarity,
reduce inconsistencies and ambiguities, and increase
environmental protection by closing gaps in certain regulatory
programs. These changes are intended to ensure the programs
under the jurisdiction of CUPAs operate efficiently.
According to the author and sponsors, the California
Association of Environmental Health Administrators (CAEHA) and
the Fire Chiefs, this bill will facilitate compliance for
regulated businesses without reducing the protection of public
health, safety and the environment.
2)Backround. Existing law requires CalEPA to implement a
unified hazardous waste and hazardous materials program,
including a statewide information management system. A city or
local agency that meets specified requirements is authorized
to apply to the Secretary of CalEPA to be certified as a CUPA
and implement a unified program. Currently, there are 83
CUPAs in California. The Unified Program consolidates, and
coordinates the following six existing programs:
a) Hazardous Materials Release Response Plans and
Inventories (Business Plans).
b) California Accidental Release Prevention (CalARP)
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Program.
c) Underground Storage Tank Program.
d) Aboveground Petroleum Storage Act.
e) Hazardous Waste Generator and Onsite Hazardous Waste
Treatment Programs.
f) California Uniform Fire Code: Hazardous Material
Management Plans and Hazardous Material Inventory
Statements.
1)Prior Legislation SB 1261 (Jackson, Chapter 715, Statutes of
2014) revised and recasted the area and business plan
requirements for CUPAs.
SB 483 (Jackson, Chapter 419, Statutes of 2013) made various
changes to update, rearrange, and clarify provisions of the
Health and Safety Code related to CUPAs.
AB 620 (Wieckowski, Chapter 190, Statutes of 2012) modified
the definition of hazardous waste treatment so various types
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of activities that often take place when hazardous wastes are
accumulated or stored are exempt from regulatory requirements
for hazardous waste treatment facilities.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081