BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                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  








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            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:








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              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  








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             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  








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            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.









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          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  








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            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








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           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


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