BILL NUMBER: AB 1183	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 18, 2011

   An act to amend Section 25531 of, and to amend the heading of
Article 2 (commencing with Section 25531) of Chapter 6.95 of Division
20 of, the Health and Safety Code, relating to hazardous substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1183, as introduced, Bill Berryhill. Hazardous substances:
accidental release prevention.
   Existing law provides that the program for the prevention of
accidental releases of regulated substances adopted by the
Environmental Protection Agency pursuant to the federal Clean Air Act
is the accidental release prevention program for the state.
   This bill would provide that the provisions establishing the
program are to be known as the "California Accidental Release
Prevention Program" or "CalARP."
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The heading of Article 2 (commencing with Section
25531) of Chapter 6.95 of Division 20 of the Health and Safety Code
is amended to read:

      Article 2.   Hazardous Materials Management 
 California Accidental Release Prevention Program 


  SEC. 2.  Section 25531 of the Health and Safety Code is amended to
read:
   25531.  (a) The Legislature finds and declares that a significant
number of chemical manufacturing and processing facilities generate,
store, treat, handle, refine, process, and transport hazardous
materials. The Legislature further finds and declares that, because
of the nature and volume of chemicals handled at these facilities,
some of those operations may represent a threat to public health and
safety if chemicals are accidentally released.
   (b) The Legislature recognizes that the potential for explosions,
fires, or releases of toxic chemicals into the environment exists.
The protection of the public from uncontrolled releases or explosions
of hazardous materials is of statewide concern.
   (c) There is an increasing capacity to both minimize and respond
to releases of toxic air contaminants and hazardous materials once
they occur, and to formulate efficient plans to evacuate citizens if
these discharges or releases cannot be contained. However, programs
designed to prevent these accidents are the most effective way to
protect the community health and safety and the environment. These
programs should anticipate the circumstances that could result in
their occurrence and require the taking of necessary precautionary
and preemptive actions, consistent with the nature of the hazardous
materials handled by the facility and the surrounding environment.
   (d) As required by Clean Air Act amendments enacted in 1990
 (P.L.   (Public Law  101-549), the
Environmental Protection Agency has developed a program for the
prevention of accidental releases of regulated substances. In
developing the program, the Environmental Protection Agency
thoroughly reviewed a wide variety of chemical and hazardous
substances to identify substances that might pose a risk to public
health or safety or to the environment in the event of an accidental
release. The Environmental Protection Agency developed a program to
prevent accidental releases of those substances determined to
potentially pose the greatest risk of immediate harm to the public
and the environment. The federal program provides no options for
implementing agencies to diminish the requirements or applicability
of the federal program.
   (e) In light of this new federal program, the Legislature finds
and declares that the goals of reducing regulated substances accident
risks and eliminating duplication of regulatory programs can best be
accomplished by implementing the federal risk management program in
the state, with certain amendments that are specific to the state.
Therefore, it is the intent of the Legislature that the state seek
and receive delegation of the federal program for prevention of
accidental releases of regulated substances established pursuant to
Section 112(r) of the federal Clean Air Act (42 U.S.C. Sec. 7412(r)),
by implementing the federal program as promulgated by the
Environmental Protection Agency, with certain amendments that are
specific to the state. 
   (f) This article, and the program for the prevention of accidental
releases for the state, as specified in Section 25533, shall be
known, and may be cited as the "California Accidental Release
Prevention Program" or "CalARP."