BILL ANALYSIS Ó
SB 673
Page 1
SENATE THIRD READING
SB
673 (Lara)
As Amended September 4, 2015
Majority vote
SENATE VOTE: 21-14
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Environmental |5-1 |Alejo, Gonzalez, Gray, |Gallagher |
|Safety | |McCarty, Ting | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Appropriations |12-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, |
| | |Calderon, Nazarian, |Gallagher, Jones, |
| | |Eggman, |Wagner |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Holden, Quirk, Rendon, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SB 673
Page 2
SUMMARY: Revises the Department of Toxic Substances Control's
(DTSC) permitting process and public participation requirements
for hazardous waste facilities. Specifically, this bill:
1)Requires DTSC, by July 1, 2018, to adopt criteria for use in
determining whether to issue a new or modified hazardous waste
facilities permit or a renewal of a hazardous waste facilities
permit, and to develop and implement programmatic reforms
designed to improve the protectiveness, timeliness, legal
defensibility, and enforceability of DTSC's permitting
program.
2)Requires DTSC to consider vulnerable communities in making
permit decisions using the available assessment tools, local
and regional health risk assessments, the region's federal
Clean Air Act attainment status, and other indicators of
community vulnerability, cumulative impact, and potential
risks to health and well-being.
3)Requires DTSC to consider minimum facility setback distances
from sensitive receptors, such as schools, child care
facilities, residences, hospitals, elder care facilities, and
other sensitive locations when making permit decisions.
4)Requires DTSC to establish criteria of the completion of a
health risk assessment associated with facility permit
reviews.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill would have an increased one-time cost of
$600,000 for DTSC to revise permitting regulations.
COMMENTS:
SB 673
Page 3
Need for this bill: According to the author, "Recent high
profile cases involving permitted facilities such as the Exide
Technologies battery recycling facility in Vernon, CA, and the
Kettleman Hills Hazardous Waste Facility in Kings County have
raised significant environmental justice concerns from the
communities surrounding the facilities and have led to criticism
of the department's permitting procedures and responsiveness to
community concerns.
An external peer review of permit reforms undertaken by DTSC
found that there has been significant dissatisfaction with the
performance of the department, and in particular a perception
that the office is not responsive to community concerns. That
report also recommended that clear and objective permitting
criteria should be developed to establish when permits should be
revoked or not renewed."
Permitting hazardous waste storage, treatment, and disposal
facilities: DTSC is responsible for the review of RCRA and
non-RCRA hazardous waste permit applications to ensure the safe
design and operation; for issuance/denial of operating permits;
issuance of post closure permits; approval/denial of permit
modifications; issuance/denial of emergency permits; review and
approval of closure plans; closure oversight of approved closure
plans; issuance/denial of variances; assistance to regulated
industry on permitting matters; public involvement.
DTSC external peer review of permit reforms: DTSC has
undertaken a review of permitting and enforcement processes for
hazardous waste facilities. To do this, DTSC contracted for an
outside program evaluation by CPS HR Consulting that provided a
review of the DTSC permit process to develop a standardized
process with decision criteria and corresponding standards of
performance.
SB 673
Page 4
The program evaluation of the DTSC permitting process found that
there has been significant dissatisfaction with the performance
of the permitting office, directed at the cost and length of
time in completing the permit process and a perception that the
office does not deny or revoke permits as often as it should to
address community concerns.
DTSC Permitting Enhancement Work Plan (PEWP): In 2014, DTSC
developed PEWP to improve DTSC's permitting program and to
ensure that the problems of the past do not resurface in the
future. The PEWP will serve as a comprehensive work plan for
DTSC's efforts to improve the permitting program's ability to
issue protective, timely, and enforceable permits using more
transparent standards and consistent procedures.
Analysis Prepared by:
Bob Fredenburg / E.S. & T.M. / (916) 319-3965
FN:
0002137