BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 673|
          |Office of Senate Floor Analyses   |                              |
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                                UNFINISHED BUSINESS 


          Bill No:  SB 673
          Author:   Lara (D), et al.
          Amended:  9/4/15  
          Vote:     21  

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  5-2, 4/29/15
           AYES:  Wieckowski, Hill, Jackson, Leno, Pavley
           NOES:  Gaines, Bates

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SENATE FLOOR:  21-14, 6/1/15
           AYES:  Allen, Beall, De León, Hall, Hancock, Hernandez, Hill,  
            Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza,  
            Mitchell, Monning, Pan, Pavley, Wieckowski, Wolk
           NOES:  Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,  
            Huff, Moorlach, Morrell, Nguyen, Nielsen, Runner, Stone, Vidak
           NO VOTE RECORDED:  Block, Galgiani, Glazer, Hertzberg, Roth

           ASSEMBLY FLOOR:  50-25, 9/10/15 - See last page for vote
           
           SUBJECT:   Hazardous waste


          SOURCE:    Author


          DIGEST:  This bill revises the Department of Toxic Substances  
          Control's (DTSC) permitting process and public participation  
          requirements for hazardous waste facilities.











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          Assembly Amendments remove language:




          1)Creating the DTSC California Communities Committee within the  
            DTSC.




          2)Requiring the DTSC to adopt regulations establishing  
            additional criteria that the DTSC shall use to determine  
            whether to issue a new or modified permit or a renewal of a  
            permit pursuant to this article and rather require the DTSC to  
            adopt regulations that establish or update criteria used for  
            the issuance of a new or modified permit or renewal of a  
            permit, which may include criteria for the denial or  
            suspension of a permit.




          ANALYSIS:  




          Existing law, the Hazardous Waste Control Law, authorizes the  
          DTSC to regulate the generation and disposal of hazardous waste.




          This bill revises the Department of Toxic Substances Control's  
          (DTSC) permitting process and public participation requirements  
          for hazardous waste facilities.  Specifically, this bill:  


          1)Requires the DTSC, by July 1, 2018, to adopt criteria for use  
            in determining whether to issue a new or modified hazardous  








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                                                                     Page 3



            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 the DTSC's  
            permitting program.





          2)Requires the 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 the 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 the DTSC to establish criteria of the completion of a  
            health risk assessment associated with facility permit  
            reviews.


          Background


          Permitting hazardous waste storage, treatment, and disposal  
          facilities:  The 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  








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          approval of closure plans; closure oversight of approved closure  
          plans; issuance/denial of variances;  assistance to regulated  
          industry on permitting matters;  public involvement.

          The DTSC external peer review of permit reforms:  The DTSC has  
          undertaken a review of permitting and enforcement processes for  
          hazardous waste facilities.  To do this, the 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.  


          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.  

          The DTSC Permitting Enhancement Work Plan (PEWP):  In 2014, the  
          DTSC developed PEWP to improve the 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  
          the DTSC's efforts to improve the permitting program's ability  
          to issue protective, timely, and enforceable permits using more  
          transparent standards and consistent procedures.

           FISCAL EFFECT:  Appropriation:         No   Fiscal Com.:  
          YesLocal:     No


          According to the Assembly Appropriations Committee, this bill  
          would have an increased one-time cost of $600,000 for DTSC to  
          revise permitting regulations. 




          SUPPORT:   (Verified9/10/15)










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          California Environmental Justice Alliance
          Center for Community Action and Environmental Justice
          Center on Race, Poverty & the Environment
          Clean Water Action
          Communities for a Better Environment
          Concerned Neighbors of Wildomar
          Environmental Action Committee of West Marin
          Environmental Working Group
          Greater Pasadena Jews for Justice
          LA Human Right to Housing Collective
          Natural Resources Defense Council
          People Organizing to Demand Environmental & Economic Rights 
          People's Senate and Leadership Institute
          Physicians for Social Responsibility, Los Angeles


          OPPOSITION:   (Verified9/10/15)


          Clean Harbors Environmental Services, Inc.
          DeMenno/Kerdoon
          Safety-Kleen
          World Oil Corp


           ASSEMBLY FLOOR:  50-25, 9/10/15
           AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,  
            Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,  
            Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gomez,  
            Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin,  
            Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin,  
            Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber,  
            Williams, Wood, Atkins
           NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,  
            Chávez, Beth Gaines, Gallagher, Grove, Harper, Jones, Kim,  
            Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte,  
            Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk
           NO VOTE RECORDED: Dahle, Frazier, Gipson, Hadley, Linder











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          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          9/10/15 23:22:51


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