BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1325  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1325  
          (De León) - As Amended April 12, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill requires the Department of Toxic Substance Control  
          (DTSC) to adopt regulations to impose post-closure plan  
          requirements on the owner or operator of a hazardous waste  
          facility by January 1, 2018.  This bill also deletes the 2009  








                                                                    SB 1325  


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          sunset date for the use of an enforcement order or enforceable  
          agreement by DTSC to impose post-closure requirements.  


          FISCAL EFFECT:


          1)One-time costs of approximately $58,000 (special fund) for  
            DTSC to develop and adopt regulations.


          2)Unknown potential annual revenue losses determined by whether  
            owners or operators choose to pursue post-closure permits or  
            enforcement orders or enforceable agreements (special fund).


            DTSC estimates it collects $82,000 on average annually from  
            postclosure permit applications.  If operating facilities  
            conduct post-closure activities under and enforcement order or  
            enforceable agreement, the facilities pay actual costs through  
            reimbursements.


          COMMENTS:


          1)Purpose.  According to the author, the purpose of the bill is  
            to remove impediments in current law that make it more  
            difficult for DTSC to ensure that once a facility is closed,  
            it has set aside funds, insurance, surety bonds or other  
            mechanisms to ensure hazardous materials onsite are cleaned up  
            and removed.  This bill repeals an obsolete law that that  
            currently prohibits DTSC from imposing hazardous waste closure  
            requirements unless they are done as part of an enforcement  
            order, and directs DTSC to adopt new closure requirements for  
            hazardous waste facilities by January 1, 2018.
            
          2)Background.  The California Hazardous Waste Control Act  
            requires facilities handling hazardous waste to obtain a  








                                                                    SB 1325  


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            permit from DTSC.  As of 2015, there were 118 DTSC permitted  
            hazardous waste facilities in California.  These facilities  
            include: 44 storage sites, 43 treatment facilities, 3 disposal  
            sites, and 28 post-closure sites.
            A facility closure plan demonstrates that hazardous materials  
            at a closed facility have been transported, disposed of, or  
            reused in a manner which eliminates the need for further  
            maintenance and any threat to public health and safety or the  
            environment.


            California follows the federal rules for closure and  
            post-closure rules of hazardous waste treatment, storage, and  
            disposal facilities (TSDFs). However, the state has adopted  
            more stringent requirements for notification, time allowed for  
            closure, and disposal restrictions. In addition, the state  
            requires a variance for any on-site post-closure construction  
            activity and has additional closure and post-closure rules for  
            specific TSDFs.  DTSC enforces the TSDF closure and  
            post-closure requirements in California.


          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081