BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1507
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 AB 1507 (Block) - As Introduced:  February 27, 2009 

          Policy Committee:                              Environmental  
          Safety       Vote:                            7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill establishes the Chrome Plating and Metal Finishing  
          Pollution Prevention Grant Program, administered by the  
          Department of Toxic Substances Control (DTSC).  Specifically,  
          this bill:

          1)Makes the existing Metal Plating Facility Loan Guarantee  
            Program a grant-only program for metal plating companies and  
            renames it the Chrome Plating and Metal Finishing Pollution  
            Prevention Grant Program.

          2)Requires DTSC to operate the Chrome Plating and Metal  
            Finishing Pollution Prevention Grant Program.

          3)Removes the existing January 1, 2012, sunset date from the  
            renamed Chrome Plating and Metal Finishing Pollution  
            Prevention Grant Program.

          4)Authorizes DTSC to adopt regulations to carry our the  
            provisions of the bill.

           FISCAL EFFECT  

          1)One-time costs, in the range of a few hundred thousand  
            dollars, to DTSC to develop regulations. (Chrome Plating  
            Pollution Prevention (CPPP) Fund)

          2)Ongoing costs of up to $1 million annually to administer and  
            award grants to metal plating facilities.  (CPPP Fund)

           COMMENTS  








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           1)Rationale.   The author contends that providing loan guarantees  
            to small business metal plating facilities has not provided  
            enough assistance to these business to be able to afford to  
            buy pollution control or prevention equipment to exceed  
            existing environmental regulations and meet new regulations.   
            The author believes providing grants to these small businesses  
            will provide more meaningful and direct help in coping with  
            the costs of this equipment.  The author also contends DTSC is  
            the more appropriate entity to run the program.

           2)Background  .  AB 721 (N??ez) - Chapter 695, Statutes of 2005  
            required the Business, Transportation and Housing Agency  
            (BT&H) to establish, until January 1, 2012, a loan guarantee  
            program to be administered through the agency's Financial  
            Development Corporation (FDC) network to help small businesses  
            engaged in metal plating purchase needed pollution control and  
            prevention equipment.  

            Metal plating facilities, primarily engaged in electroplating,  
            plating, anodizing, coloring and finishing metals and formed  
            products, have significant negative impacts on the  
            environment.  For example, chrome plating facilities use large  
            volumes of hexavalent chromium, a known human carcinogen and  
            toxic air contaminant, in their plating processes.  Recently  
            adopted environmental standards imposed by the Air Resources  
            Board and the federal Occupational Safety and Health  
            Administration require the owners of chrome plating facilities  
            to buy new pollution control or prevention equipment to  
            continue to comply with the law.

            Most metal plating facilities are small businesses, many of  
            which lack the financial resources to buy and maintain the  
            necessary pollution control or prevention equipment.  While  
            the loan guarantee program established by AB 721 makes it  
            easier for these small businesses to qualify for a loan, many  
            of them are still unable to afford to take on more debt or to  
            pay back the loans subject to program guarantee.
           
          3)The Chrome Plating Pollution Prevention Fund  .  AB 139 (Budget)  
            - Chapter 74, Statutes of 2005, a budget trailer bill, created  
            the CPPP Fund to receive deposits of public or private funds  
            for expenditure, upon appropriation by the Legislature, by  
            BT&H.  AB 139 also transferred all the money on hand in the  
            Hazardous Waste Reduction Loan (HWRL) Account on January 1,  








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            2006 ($2.2 million) to the CPPP Fund, and required future loan  
            repayments to the HWRL Account to be transferred to the CPPP  
            Fund.  Money in the CPPP Fund is intended to back up any loan  
            guarantees provided to an eligible small business and to pay  
            BT&H Agency administrative expenses (about $300,000 annually).  
              

             Since the loan guarantee program went into effect in January  
            2006, no CPPP Fund money has been appropriated to provide  
            financial assistance in any form.  CPPP Fund appropriations  
            have been limited to $278,000 in 2006-07, $283,000 in 2007-08,  
            $324,000 in 2008-09, and a proposed $312,000 in 2009-10.  

           4)Related Legislation.   AB 2536 (N??ez) would have required BT&H  
            to develop a grant program to supplement the loan guarantee  
            program already administered through the FDCs to help small  
            business metal plating facilities buy pollution control or  
            prevention equipment and technologies.  AB 2536 passed the  
            Assembly 53-25 but failed in Senate Appropriations.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081