BILL ANALYSIS
AB 1098
Page 1
Date of Hearing: May 1, 2007
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
AB 1098 (Saldana) - As Amended: April 16, 2007
SUBJECT : HAZARDOUS MATERIALS: ADMINISTRATIVE: PENALTIES
KEY ISSUE : SHOULD CLARIFYING AMENDMENTS BE MADE TO CURRENT LAW
REGARDING THE IMPOSITION OF ADMINISTRATIVE AND CRIMINAL
PENALTIES RELATING TO THE HANDLING AND RELEASE OF HAZARDOUS
MATERIALS?
SYNOPSIS
This bill, sponsored by the County of San Diego, provides
clarifying language regarding the imposition of administrative
and criminal penalties relating to the handling and release of
hazardous materials. According to the author, the deletion of
the reference to "governing body" will remove the confusion
surrounding the enforcement of the "Certified Unified Program
Agency." San Diego County states that changes made by AB 2481
(Frommer), Chapter 999, Statutes of 2002, have created
inconsistency and confusion in the program for regulators and
the regulated. The author also explains that this bill
clarifies existing enforcement options for both the
administrative and the civil processes by creating a separate
subsection for each of the enforcement options. Opponents, the
California Council for Environmental and Economic Balance, argue
that this bill removes administrative governing board oversight
in setting the amounts of administrative penalties for the
release of hazardous material.
SUMMARY : Provides clarifying language regarding the imposition
of administrative and criminal penalties relating to the
handling and release of hazardous materials. Specifically, this
bill :
1)Deletes reference to "governing body" in the Business Plan
Administrative Enforcement Order for setting administrative
penalties.
2)Clarifies enforcement options by separating existing
enforcement options for administrative and criminal processes
AB 1098
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into individual subsections.
EXISTING LAW :
1)Requires the Secretary for Environmental Protection to adopt
regulations and implement the Unified Hazardous Waste and
Hazardous Materials Management Regulatory Program. A city or
local agency that meets specified requirements can be
authorized to assume enforcement duties of the program as a
Certified Unified Program Agency (CUPA). (Health and Safety
Code Section 25404.)
2)Under the CUPA program, authorizes local city and county
agencies to unify the administration and enforcement of six
environmental programs - the hazardous waste, aboveground and
underground storage tank, hazardous materials inventory,
extremely hazardous materials accidental release, and
hazardous materials/fire code programs. (Health and Safety
Code Section 25404.1.)
3)Provides an administrative order/administrative penalty
program to enforce the corrective action order provisions of
the hazardous materials/waste laws. (Health and Safety Code
Sections 25514.5; 25540.)
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
COMMENTS : This bill, sponsored by the County of San Diego,
provides clarifying language regarding the imposition of
administrative and criminal penalties relating to the handling
and release of hazardous materials. According to the author,
the deletion of the reference to "governing body" will remove
the confusion surrounding the enforcement of the "Certified
Unified Program Agency" (CUPA). According to the sponsor, San
Diego County, prior to AB 2481 (Frommer), Chapter 999, Statutes
of 2002, of the six programs overseen by CUPA, four had
different administrative order procedures and two had none at
all. San Diego County explains that AB 2481 created a single,
uniform system of administrative actions for all six CUPA
programs. San Diego County states, however, that Assemblyman
Frommer's AB 2481 failed to include a revision needed to a
previously existing provision for imposition of penalties by a
AB 1098
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governing board in the hazardous materials business plan
program. San Diego County states that this has created
inconsistency and confusion in the program for regulators and
the regulated. The author also explains that this bill
clarifies existing enforcement options for both the
administrative and the civil processes by creating a separate
subsection for each of the enforcement options.
ARGUMENTS IN OPPOSITION . Opponents, the California Council for
Environmental and Economic Balance (CCEEB), argue that this bill
removes administrative governing board oversight in setting the
amounts of administrative penalties for the release of hazardous
material. According to CCEEB, this bill results in an agency's
staff setting the amount of administrative penalties because it
removes accountability and the opportunity for public comment.
Previous Committee . This bill passed the Assembly Environmental
Safety and Toxic Materials Committee on consent.
REGISTERED SUPPORT / OPPOSITION :
Support
San Diego County
Opposition
California Council for Environmental and Economic Balance
Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334