BILL ANALYSIS
AB 1098
Page 1
ASSEMBLY THIRD READING
AB 1098 (Saldana)
As Amended April 16, 2007
Majority vote
ENVIRONMENTAL SAFETY 7-0 JUDICIARY
10-0
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|Ayes:| Huffman, Smyth, Eng, |Ayes:|Jones, Tran, Adams, |
| |Evans, Feuer, Jeffries, | |Evans, Feuer, Keene, |
| |Nava | |Krekorian, Laird, Levine, |
| | | |Lieber |
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SUMMARY : Provides clarifying language to AB 2481 (Frommer),
Chapter 999, Statutes of 2002, 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 (AEO) for setting
administrative penalties.
2)Clarifies enforcement options by separating existing
enforcement options for administrative and criminal processes
into individual subsections.
EXISTING LAW :
1)Requires the Secretary for the California Environmental
Protection Agency 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).
2)Authorizes, under the CUPA program, local city and county
agencies to unify the administration and enforcement of six
environmental programs: hazardous waste; aboveground and
underground storage tank; hazardous materials inventory;
extremely hazardous materials accidental release; and,
hazardous materials/fire code programs.
AB 1098
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3)Provides an administrative order/administrative penalty
program to enforce the corrective action order provisions of
the hazardous materials/waste laws.
FISCAL EFFECT : Unknown
COMMENTS: Clean-up language to AB 2481: According to the
sponsor, County of San Diego, prior to AB 2481, of the six
programs overseen by CUPA, four had different administrative
order procedures and two had none at all. AB 2481 created a
single, uniform system of administrative actions (AEOs) for all
six CUPA programs. However, AB 2481 failed to include a
revision needed to a previously existing provision for
imposition of penalties by a governing board in the hazardous
materials business plan program. Because this resulted in
conflicting statutory provisions, this has been an obstacle in
implementing the AEO program for Business Plans. This has
created inconsistency and confusion in the program for
regulators and the regulated. The hearing process created by AB
2481 uses the Administrative Procedures Act in which the hearing
officer issues a decision, including the amount of the fine.
The new AEO procedure requires the CUPA to follow the state
Administrative Procedures Act for issuing an enforcement order
or assessing an administrative penalty. In creating the new
system, AB 2481 did not remove the clause that mandates the
governing board of the administrative agency to set the
administrative penalty. AB 1098 clarifies that it is not the
local governing body but rather the CUPA or participating agency
that would set the penalty as it does for other CUPA programs.
Analysis Prepared by : Caroll Mortensen / E.S. & T.M. / (916)
319-3965
FN: 0000451