BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1098|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
CONSENT
Bill No: AB 1098
Author: Saldana (D)
Amended: 7/3/07 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 7/10/07
AYES: Simitian, Runner, Aanestad, Florez, Kuehl, Lowenthal,
Steinberg
ASSEMBLY FLOOR : 72-0, 5/3/07 - See last page for vote
SUBJECT : Hazardous materials: administrative materials:
liability
SOURCE : County of San Diego
DIGEST : This bill clarifies provisions of existing law
regarding the imposition of administrative and criminal
penalties relating to the handling and release of hazardous
materials.
ANALYSIS :
Existing Law
1.Requires the Secretary for Environmental Protection
(CalEPA) 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
CONTINUED
AB 1098
Page
2
enforcement duties of the program as a Certified Unified
Program Agency (CUPA).
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.
3.Provides an administrative order/administrative penalty
program to enforce the corrective action order provisions
of the hazardous materials/waste laws.
This bill clarifies provisions of the CUPA program
regarding the imposition of administrative and criminal
penalties relating to the handling and release of hazardous
materials by:
1.Deleting the reference to "governing body" in the
Business Plan Administrative Enforcement Order (AEO) for
setting administrative penalties.
2.Clarifying enforcement options and penalties by
separating existing enforcement options for
administrative and criminal processes into individual
subsections.
Comments
According to the sponsor, County of San Diego, prior to AB
2481 (Frommer), Chapter 999, Statutes of 2002, of the six
programs overseen by a 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 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.
AB 1098
Page
3
According to the Senate Environmental Quality analysis, 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 (Frommer) did not remove a
provisions mandating the governing board of the
administrative agency to set the administrative penalty.
This bill clarifies that it is not the local governing
body, but the CUPA or participating agency that sets the
penalty as it does for other CUPA programs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/12/07)
County of San Diego (source)
Biocom
California Association of Environmental Health
Administrators
Moller International, Inc.
ARGUMENTS IN SUPPORT : According to the sponsor, the
County of San Diego, this bill will provide greater clarity
for both regulators and the regulated community in
enforcement of the CUPA program.
ASSEMBLY FLOOR :
AYES: Adams, Aghazarian, Anderson, Bass, Beall, Benoit,
Berg, Berryhill, Blakeslee, Brownley, Caballero, Carter,
Cook, Coto, Davis, De La Torre, De Leon, DeSaulnier,
DeVore, Duvall, Dymally, Emmerson, Eng, Evans, Feuer,
Fuller, Gaines, Galgiani, Garcia, Garrick, Hancock,
Hayashi, Hernandez, Horton, Houston, Huffman, Jeffries,
Jones, Karnette, Keene, Krekorian, La Malfa, Laird, Leno,
Levine, Lieber, Lieu, Ma, Maze, Mendoza, Mullin,
Nakanishi, Nava, Niello, Parra, Plescia, Portantino,
Price, Richardson, Salas, Saldana, Silva, Smyth, Solorio,
Strickland, Swanson, Torrico, Tran, Villines, Walters,
Wolk, Nunez
NO VOTE RECORDED: Arambula, Charles Calderon, Huff, Sharon
Runner, Ruskin, Soto, Spitzer, Vacancy
AB 1098
Page
4
TSM:do 7/12/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****