BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 673| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 673 Page 2 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 SB 673 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 SB 673 Page 4 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) SB 673 Page 5 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 SB 673 Page 6 Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108 9/10/15 23:22:51 **** END ****