BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2379
                                                                  Page  1

          Date of Hearing:   April 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2379 (Feuer) - As Amended:  April 7, 2010 

          Policy Committee:                              Environmental  
          Safety and Toxic Materials                    Vote: 9-0

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

           SUMMARY  

          This bill expands the number of priority categories of hazardous  
          waste generators that the Department of Toxic Substances Control  
          (DTSC) must select for participation in the department's  
          cooperative source reduction technical assistance and outreach  
          program.  Specifically, this bill:

          1)Expands, from two to four, the number of priority categories  
            of hazardous waste generators DTSC must select for  
            participation in DTSC's cooperative source reduction technical  
            assistance and outreach program.  

          2)Requires that at least one selected category of generators is  
            one that  primarily consists of businesses affected by action  
            taken by DTSC pursuant to the Green Chemistry program. 

           FISCAL EFFECT  

          According to DTSC, this bill will result in no additional costs.  
           This is because, according to DTSC, the bill codifies existing  
          practices as described in a budget request approved by the  
          Legislature as part of the 2008 Budget Act.

           COMMENTS  

           1)Rationale  .  The author contends, given the considerable  
            regulatory tools soon to be wielded by DTSC under the Green  
            Chemistry program, it is important that DTSC focus its  
            existing technical assistance programs on affected industries  
            to help them comply with impending requirements.









                                                                  AB 2379
                                                                  Page  2

           2)Background  .  

              a)   Pollution Prevention  .  DTSC's pollution prevention  
               program, which began in 1985, was expanded in 1998 with the  
               passage of SB 1916 (Sher).  The bill stated the  
               Legislature's intent to "expand the State's hazardous waste  
               activities . . . to promote implementation of source  
               reduction measures using education, outreach, and other  
               effective voluntary techniques."  Key to this expansion was  
               the requirement that DTSC establish a "technical assistance  
               and outreach program to promote implementation of model  
               source reduction measures in priority industry categories."  
                SB 1916 directs DTSC to focus on at least two priority  
               categories of industries with source-reduction potential  
               every two years, including one category consisting  
               primarily of small businesses.  SB 1916 also created an  
               external Source Reduction Advisory Committee to provide  
               advice on and critical review of DTSC's source reduction  
               program.

              b)   Green Chemistry .  In 2008, the Governor signed AB 1879  
               (Feuer) and SB 509 (Simitian), which established the  
               statutory foundation of California's Green Chemistry  
               program.  These bills encourage a lifecycle approach to  
               pollution control focused on pollution prevention at all  
               phases of production.  This approach contrasts with the  
               conventional "end-of-the-pipe" approach focused on  
               management of toxic chemical and hazardous waste after they  
               have been created.  In keeping with these bills, DTSC  
               intends to adopt regulations by January 1, 2011, to  
               identify and prioritize chemicals of concern, to evaluate  
               alternatives, and to specify regulatory responses.

           3)Support and Opposition  .  There is no registered support or  
            opposition to this bill on file.  

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