BILL ANALYSIS �
AB 913
Page 1
Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
AB 913 (Feuer) - As Amended: March 31, 2011
SUBJECT : Hazardous waste: source reduction: certified green
business program.
SUMMARY : Requires the Department of Toxic Substances Control
(DTSC) to develop a California Green Business Program and
specifies requirements for that program. Specifically, this
bill :
1)Requires, as part of implementing the source reduction
program, DTSC to develop a California Green Business Program
that provides for the voluntary certification of businesses
that adopt environmentally preferable business practices,
including, but not limited to, increased energy efficiency,
reduced greenhouse gas emissions, promotion of water
conservation, and reduced waste generation.
2)Requires the California Green Business Program to do all of
the following:
a) Assist the network of statewide local government
programs in implementing guidelines and structures that
establish and promote a level of consistency among green
business programs across the state;
b) Support, through staffing and contracts, the development
and maintenance of a statewide database to register
businesses and track measurable pollution reductions and
cost savings;
c) Solicit participation of additional local programs and
facilitate the startup of new local programs; and,
d) Develop technical guidance on pollution prevention
measures, conduct industry studies and pilot projects, and
provide policy coordination for participating local
programs.
EXISTING LAW , under the Hazardous Waste Source Reduction and
Management Review Act of 1989:
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1)Requires DTSC to establish a program for hazardous waste
source reduction.
2)Requires DTSC to establish a technical assistance and outreach
program to promote implementation of model source reduction
measures in priority industry categories.
3)Requires DTSC to establish a technical and research assistance
program to assist generators in identifying and applying
methods of source reduction and other hazardous waste
management approaches.
4)Requires DTSC to expand the source reduction program to
provide source reduction training and resources to Certified
Unified Program Agencies (CUPAs), small business development
corporations, business environmental assistance centers, and
other regional and local government environmental programs so
that they can provide technical assistance to generators in
identifying and applying methods of source reduction.
FISCAL EFFECT : Unknown.
COMMENTS :
Need for the bill : The author argues, "California's 3.6 million
small businesses are the backbone of California's economy and
represent the vast majority (97%) of private firm employers.
Seemingly modest improvements in energy efficiency, pollution
preventing and other environmental upgrades at small businesses
can have significant environmental benefits when multiplied
statewide. Efficiency upgrades and other environmental best
practices can also save businesses money. Small businesses,
however, do not have the same resources available to large
businesses to design and implement best environmental practices.
Green business certification programs give businesses a
consolidated process to adopt environmentally preferable
business practices. In addition to helping small businesses
adopt environmentally-preferable practices, green business
programs reduce government enforcement costs by requiring
compliance with all federal, State and local environmental
regulations and encourage a coordinated and cohesive approach to
environmental regulation."
The author contends, "AB 913 directs the �DTSC] to aid local
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governments in implementing green business certification
programs by providing technical and other support for the
development and implementation of industry-specific standards.
AB 913 will also support the development of a statewide database
that will be used to develop and maintain standards and to
promote communication between businesses and efficiency
providers, and directs DTSC to aid in the implementation of new
green business certification programs."
California Green Business Program : According to DTSC, the
current California Green Business Program is a statewide network
of local government programs that certify small businesses as
"green." These local-level agencies coordinate with other
programs in their jurisdictions to assist small businesses with
regulatory compliance and in implementing multi-media pollution
prevention and waste reduction measures to achieve measureable
pollution reductions, energy savings, water conservation and
sustainability. Businesses certified by this program make
changes in product formulations, recycle waste, and use less
water and energy. DTSC serves as a statewide program contact
and coordinator. DTSC also develops technical guidance on
pollution prevention measures, conducts industry studies and
pilot projects, manages a database used to register and track
measurable pollution reductions and cost savings, provides
policy coordination and assists in establishing new programs
throughout the state.
DTSC's current work efforts focus in three main areas: (1)
assisting the network in adapting its guidelines and structure
to facilitate growth and achieve measureable outcomes; (2)
support, through staffing and contracts, the development and
maintenance of the database used for metrics collection and
local program support; and (3) solicit and facilitate the
startup of new local programs.
DTSC states that there are currently 14 counties and 2 city-led
programs that have certified over 2,600 businesses.
The author asserts that, while a good start, the current
California Green Business Program is limited in scope and
function. He argues, "Green business programs are severely
resource constrained and barely have enough money to fund their
own programs. There's a bottle-neck of businesses that are
waiting to apply in some municipalities with programs. Many
businesses would like to apply to programs but are in industries
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where standards have not been developed yet. Many
municipalities do not have green business programs and would
like to establish them, but need guidance and do not have
adequate staff resources."
AB 913 is designed to build upon the current program by
promoting standardization; helping local governments build new
programs; and providing program coordinators with technical
guidance on updating and designing standards.
Related legislation:
AB 2379 (Feuer), Chapter 386, Statues of 2010, expanded the
number of priority categories of hazardous waste generators that
DTSC must select for participation in DTSC's cooperative source
reduction technical assistance and outreach program.
AB 1131 (Feuer) of 2009 would have expanded the DTSC pollution
prevention program and transferred the state's hazardous
materials emergency programs- the business and area plan program
and the accidental release prevention program (Cal ARP)- from
the California Emergency Management Agency (Cal EMA) to DTSC.
AB 1131 was held in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Accurate Auto Body
Association of Bay Area Governments
Barbara Chan Consulting
Big Air Heating & Air Conditioning
Braver Designs
Breast Cancer Fund
Breathing Room
Brentwood Hand Car Wash
Casa Verde Pediatrics
Clean Water Action
Contra Costa Clean Water Program
County of Monterey Health Department
County of Santa Clara Board of Supervisors
County of Santa Cruz Department of Public Works
Ecology Action
Emeryville Chamber of Commerce
Environmental Defense Fund
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Environmental and Public Health Consulting
Garaventa Enterprises
Green Wheelin' LLC
High Spirits Event Planning
HMR Associates
ImageX
Nan Phelps Photography
No Trace Shedding
Orinda Motors Inc.
Progressive Wealth Management
Pinkys Klassy Kar Wash
San Francisco Green Business Program (SF Department of the
Environment)
Social Ventures Inc.
Stanford's Restaurant
Stanford Group
Sustainable Earth Initiative
Vital Nutrition & Wellness
Veterinary Medical Specialists
WinWinWeb, LLC dba Everything Grows Interior Landscaping
Opposition
None received.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965