BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 913
                                                                  Page 1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 913 (Feuer)
          As Amended  June 13, 2011
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |56-20|(May 19, 2011)  |SENATE: |26-13|(September 6,  |
          |           |     |                |        |     |2011)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    E.S. & T.M.  

           SUMMARY  :  Requires the Department of Toxic Substances Control 
          (DTSC) to develop a California Green Business Program (Program) 
          and specifies requirements for the Program.  

           The Senate amendments  :  

           1)Specify that the Program will provide support and assistance 
            to programs operated by local governments that would 
            voluntarily certify small businesses that adopt 
            environmentally preferable business practices.

          2)Require the Program to collaborate with relevant state 
            agencies that operate small business efficiency and economic 
            development programs, including, but not limited to, the 
            Department of Resources Recycling and Recovery, the Public 
            Utilities Commission, the State Energy Resources Conservation 
            and Development Commission, the State Air Resources Board, and 
            the Department of Water Resources.

          3)Authorize DTSC to provide support and assistance to a local 
            government program to enable the program to meet specified 
            requirements.

           EXISTING LAW  , under the Hazardous Waste Source Reduction and 
          Management Review Act of 1989, requires DTSC to establish a 
          program for hazardous waste source reduction; establish a 
          technical assistance and outreach program to promote 
          implementation of model source reduction measures in priority 
          industry categories; establish a technical and research 
          assistance program to assist generators in identifying and 
          applying methods of source reduction and other hazardous waste 
          management approaches; and, to expand the source reduction 
          program to provide source reduction training and resources to 








                                                                  AB 913
                                                                  Page 2

          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.  
           
           AS PASSED BY THE ASSEMBLY  , this bill required DTSC to develop a 
          Program to provide for the voluntary certification of all, not 
          just small, businesses that adopt environmentally preferable 
          business practices.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, enactment of this bill could result in minor, 
          absorbable costs to DTSC to undertake the activities required by 
          this bill, all of which, DTSC contends, it already does.




           COMMENTS  :

           Need for the bill  :  The author contends, "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."

           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 with implementing multi-media pollution 








                                                                  AB 913
                                                                  Page 3

          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 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 for updating and designing standards. 


           Analysis Prepared by  :    Shannon McKinney / E.S. & T.M. / (916) 
          319-3965 


                                                                FN: 0002758









                                                                  AB 913
                                                                  Page 4