BILL ANALYSIS
AB 1188
Page 1
ASSEMBLY THIRD READING
AB 1188 (Ruskin)
As Introduced February 27, 2009
Majority vote
ENVIRONMENTAL SAFETY 7-0
APPROPRIATIONS 17-0
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|Ayes:|Chesbro, Miller, Davis, |Ayes:|De Leon, Nielsen, |
| |Feuer, Monning, Ruskin, | |Ammiano, |
| |Smyth | |Charles Calderon, Davis, |
| | | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Revises a variety of programs funded by the Toxic
Substances Control Account (TSCA) used by the Department of
Toxic Substances Control (DTSC). Specifically, this bill :
1)Expands the potential uses of administrative penalties
assessed by DTSC and deposited in Toxic Substances Control
Account (TSCA) to include the Orphan Share Reimbursement Trust
Fund (not currently funded) and the Pollution Prevention
Technology Assistance Grant Fund (Grant Fund) (created by this
bill) and other DTSC pollution prevention activities.
2)Creates the Grant Fund to receive general funds appropriated
by the Legislature, administrative penalties from TSCA and
related interest. Provides that the money from the Grant Fund
can be used for grants to assist small business in purchasing
pollution prevention equipment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Moderate reallocation, perhaps $2 million annually starting in
2009-10, of penalty revenue deposited in TSCA to make more
reimbursement claim payments for orphan hazardous waste sites
AB 1188
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and to provide grants to small businesses.
2)Minor one-time costs, likely less than $150,000 in 2009-10, to
DTSC to develop and implement a grant program to help small
businesses buy pollution prevention equipment. The grant
program is primarily funded from available penalty revenue
transferred from TSCA to the newly-created Grant Fund.
COMMENTS :
1)Pollution Control Technology . According to the author, many
small businesses could reduce their hazardous wastes by using
new technologies, but are unable to afford the capital costs.
For example, auto repair shops frequently use organic solvents
to clean parts; a water-based system would release fewer
toxins, but is costly to install. Dry cleaners frequently use
perchloroethylenes in their process; a less toxic alternative
is available, but costly. This measure would create a funding
source to assist these small businesses.
2)Pollution Prevention . This bill builds upon DTSC's exiting
Pollution Prevention Program (P2). It allows DTSC to
establish a grant program, primarily using transferred penalty
revenue, to help small businesses buy pollution prevention
equipment. The philosophy of eliminating or reducing
hazardous substances from use is the most efficient way to
ensure that they do not cause harm to workers, consumers, the
general public or the environment. However, DTSC contends
that the one major impediment that stands in the way of more
wide scale implementation of these successful P2 strategies is
the availability of financial resources to fund investment in
new technology.
3)Orphan Share Reimbursement Trust Fund (OSRTF). The
remediation cost of hazardous waste sites generally must be
paid by the parties responsible, either directly or
indirectly, for the release of hazardous substances that
caused the site to be so classified. In many cases, however,
responsible parties (RPs) either cannot be identified, do not
exist anymore, or do not have any financial assets to help pay
for remediation. Therefore, in 1999, the OSRTF was enacted
(Health and Safety Code Chapter 6.8) to provide responsible
parties the ability to recoup some of the cleanup costs
attributable to insolvent and defunct parties.
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Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0001109