BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 612| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 612 Author: Jackson (D) Amended: 9/4/15 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 SENATE FLOOR: 37-0, 6/1/15 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Monning, Moorlach, Morrell, Nguyen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Mendoza, Mitchell, Nielsen ASSEMBLY FLOOR: 72-2, 9/8/15 - See last page for vote SUBJECT: Hazardous materials SOURCE: Author DIGEST: This bill modifies the statute related to Certified Unified Program Agencies (CUPA) administration to clarify the provisions of the Health and Safety Code related to CUPAs to provide consistent interpretation of the statute statewide. Assembly Amendments: 1)Require that a generator of hazardous waste include all SB 612 Page 2 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 and require the Department of Toxic Substances Control to adopt regulations by December 1, 2016, incorporating instructions to hazardous waste generators implementing this requirement. 2)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. This bill revises the definition of a "tank in an underground area," and provides 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 (USTs) 3)Make other technical and clarifying changes. ANALYSIS: Existing law: 1) Provides, under the Hazardous Waste Control Act, 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 statutory provisions that require: SB 612 Page 3 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. 1) 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. 2) Requires the OES to adopt, after 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 plan for emergency response to a release or threatened release of a hazardous material within its jurisdiction. 3) Requires a business handling hazardous materials 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 by OES. Requires the business plan 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. 4) Defines, under the Aboveground Petroleum Storage Act (APSA) an "aboveground storage tank" as a tank that has the capacity to store 55 gallons or more of petroleum and that is SB 612 Page 4 substantially or totally above the surface of the ground and a tank in an underground area. 5) Requires CUPAs to implement the APSA in accordance with regulations adopted by the OSFM and authorizes the OSFM to adopt these regulations. 6) Requires, under the APSA, 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. 7) Regulates the storage of hazardous substances in USTs and requires USTs 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 CUPA. This bill modifies the statute related to CUPA administration to clarify the provisions of the Health and Safety Code related to CUPAs to provide consistent interpretation of the statute statewide. Specifically, this bill: 1)Requires the CUPA to certify to the OES 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)Provides that any additional map requirements required by a CUPA be adopted pursuant to a local 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)Revises the exception to the plan and inspection requirements to require that the tank facility be operated by, instead of SB 612 Page 5 located on, the farm, nursery, logging site, or construction site and requires that the plan address best management practices to prevent petroleum releases, as specified. 5)Revises the definition of "storage" and "store" for purposes of the regulation of the storage of hazardous substances in USTs, to exempt storage that is in compliance with specified alternative laws for the regulation of hazardous materials. 6)Provides a due process for the CUPA enforcement of the Medical Waste Management Act. Background Elements of SB 612 - CUPA reforms. This bill is designed to provide technical clarification to both the language of the Unified Program enforcement act as well as operational definitions of hazardous materials management. This bill contains numerous technical modifications that address the following program elements: 1)General duty clause: The objective of the California Accidental Release Prevention Program is to prevent accidental releases and to minimize the consequences of any such release at facilities that fall under the program. The owners and operators of stationary sources producing, processing, handling or storing hazardous materials have a general duty, in the same manner and to the same extent as federal law (United States Code Section 654, Title 29), to identify hazards which may result from such releases using appropriate hazard assessment techniques to design and maintain a safe facility taking such steps as are necessary to prevent releases and to minimize the consequences of accidental releases which do occur. 2)Additional map requirements: Concern has been raised by businesses that each CUPA may have additional map requirements for hazardous material business plans. This poses an extra burden of inconsistency for regulated businesses. This bill proposes that if a new local requirement is warranted, it should be substantiated by a governing body action. SB 612 Page 6 3)Business or facility amendments: Previous legislative actions (SB 1261, Jackson, Chapter 715, Statutes of 2014) made numerous changes to the terms "facility" and "business." Some of these changes remain confusing to both local regulators and businesses. This bill proposes to make consistent distinctions between facilities and business. 4)Used Oil Collection Centers (UOCC): For several years, the Hazardous Waste Technical Advisory Group of the CUPA Board has identified an issue related to the regulatory responsibility of UOCC and the need to provide clear authority for CUPAs to inspect and regulate these types of facilities. The ambiguity in the law was raised by a UOCC who argued that the facility was not under the UPA regulatory authority. This amendment will provide such authority. 5)Hazardous waste counting: The amount of hazardous waste generated by a business determines their generator status. Businesses that generate more waste have additional requirements for emergency preparedness, employee training, inspection frequency, disposal frequency, state/federal reporting and more. Larger generators are expected to pay for their disposal through pickup by a registered transporter and may be subject to professional engineer's assessments of tank systems. Smaller generators have less training and documentation requirements, and may be allowed to take small quantities of their own waste to a collection event. 6)Above ground storage tanks and USTs: This bill increases environmental protection in California by closing gaps in regulatory programs and rationalizing the regulatory requirements among the APSA, UST law and Hazardous Waste Control Law. Compliance with one set of rules is easier for regulated facilities to achieve and regulatory agencies to enforce. 7)Due process for Medical Waste Management Act: Twenty five counties and one city have been delegated with the authority by the California Department of Public Health (CDPH) to administer the Medical Waste Management Act in their local jurisdictions. CDPH has not adopted regulations specifying the existing administrative penalty process that is available SB 612 Page 7 to local enforcement agencies. This bill provides administrative enforcement procedures established for the enforcement of the Unified Program consistent with the Medical Waste Management Act in these provisions will establish the necessary due process and enhance regulatory consistency. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Assembly Appropriations Committee, this bill will result in first-year costs of $150,000 and $100,000 ongoing from the UPA to the State Fire Marshal for additional responsibilities under the Aboveground Petroleum Storage Act. SUPPORT: (Verified9/8/15) California Association of Environmental Health Administrators California Council for Environmental and Economic Balance California Fire Chiefs Association OPPOSITION: (Verified9/8/15) None received ASSEMBLY FLOOR: 72-2, 9/8/15 AYES: Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Perea, Quirk, Rendon, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NOES: Brough, Gallagher SB 612 Page 8 NO VOTE RECORDED: Travis Allen, Chávez, Grove, Harper, Patterson, Ridley-Thomas Prepared by: Rachel Machi Wagoner / E.Q. / (916) 651-4108 9/8/15 21:47:04 **** END ****