BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 913|
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                                 THIRD READING


          Bill No:  AB 913
          Author:   Feuer (D), et al.
          Amended:  6/13/11 in Senate
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  5-1, 6/20/11
          AYES:  Simitian, Blakeslee, Hancock, Kehoe, Lowenthal
          NOES:  Strickland
          NO VOTE RECORDED:  Pavley
          
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  56-20, 5/19/11 - See last page for vote


           SUBJECT  :    Hazardous waste

           SOURCE  :     Author


           DIGEST  :    This bill requires the Department of Toxic 
          Substances Control to develop a California Green Business 
          Program and specifies requirements for that program.

           ANALYSIS  :    The existing Hazardous Waste Source Reduction 
          and Management Review Act of 1989 requires the Department 
          of Toxic Substances Control (DTSC) to establish a program 
          for hazardous waste source reduction, including requiring 
          specified generators of hazardous waste to maintain certain 
          plans and reports with regard to hazardous waste reduction 
          practices.  DTSC is required to provide source reduction 
          training and resources to various regional and local 
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          government assistance programs to identify and apply source 
          reduction methods.



          This bill: 

          1. Requires, as part of implementing the source reduction 
             program, DTSC to develop a California Green Business 
             Program (Program) that provides for the support and 
             assistance to local government programs that provide for 
             the voluntary certification of small 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 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 small businesses granted green business 
                certification, or its equivalent, 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 pursuant to a local government program, 
                technical guidance on pollution prevention measures, 
                conduct industry studies and pilot projects, and 
                provide policy coordination for participating local 
                programs.

           Comments
           
           Need for this bill  .  The author contends, "Seemingly modest 
          improvements in energy efficiency, pollution preventing and 

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          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." 

           California Green Business Program  .  According to DTSC, the 
          current 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 two 
          city-led programs that have certified over 2,600 

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          businesses. 

          The author asserts that, while a good start, the current 
          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 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."  This bill is intended to 
          build upon the current Green Business Program by promoting 
          standardization; helping local governments build new 
          programs; and providing program coordinators with technical 
          guidance on updating and designing standards.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Assembly Appropriations Committee, minor, 
          absorbable costs to DTSC to undertake the activities 
          required by this bill, all of which, DTSC contends, it 
          already does.

           SUPPORT  :   (Verified  7/8/11)

          Accurate Auto Body
          Association of Bay Area Governments
          Barbara Chan Consulting
          Big Air Heating and Air Conditioning
          Blue Heron Catering
          Braver Designs
          Breast Cancer Fund
          Breathing Room
          Brentwood Hand Car Wash
          California Healthy Nail Salon Collaborative
          Casa Verde Pediatrics
          City of Berkeley Vice Mayor, Linda Maio
          Clean Water Action
          Contra Costa Clean Water Program
          County of Monterey Health Department
          County of Santa Clara Board of Supervisors

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          County of Santa Cruz Department of Public Works
          DRAGA design
          Ecology Action
          Emeryville Chamber of Commerce
          Environmental and Public Health Consulting
          Environmental Defense Fund
          Garaventa Enterprises
          Give Something Back Office Supplies
          Green Wheelin' LLC
          High Spirits Event Planning
          HMR Associates
          ImageX
          Lekos Dye and Finishing, Inc.
          Nan Phelps Photography
          No Trace Shedding
          Orinda Motors Inc.
          Pinky's Klassy Kar Wash
          Progressive Wealth Management
          San Francisco Green Business Program (San Francisco 
            Department of the Environment)
          Social Ventures Inc.
          Stanford Group
          Stanford's Restaurant
          Sustainable Earth Initiative
          Veterinary Medical Specialists
          Vital Nutrition and Wellness
          WinWinWeb, LLC (dba Everything Grows Interior Landscaping)


           ASSEMBLY FLOOR  :  56-20, 5/19/11
          AYES:  Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, 
            Fletcher, Fong, Fuentes, Galgiani, Gatto, Gordon, Hall, 
            Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman, 
            Lara, Bonnie Lowenthal, Mendoza, Miller, Mitchell, 
            Monning, Olsen, Pan, Perea, V. Manuel P�rez, Portantino, 
            Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wieckowski, Williams, Yamada, John A. P�rez
          NOES:  Conway, Cook, Donnelly, Beth Gaines, Garrick, Grove, 
            Hagman, Halderman, Harkey, Jeffries, Jones, Knight, 
            Logue, Mansoor, Morrell, Nestande, Nielsen, Norby, Silva, 
            Wagner

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          NO VOTE RECORDED:  Alejo, Furutani, Gorell, Ma


          DLW:kc  7/11/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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