BILL ANALYSIS Ó
SB 812
Page 1
SENATE THIRD READING
SB 812 (DeLeón)
As Amended August 18, 2014
Majority vote
SENATE VOTE :27-7
ENVIRONMENTAL SAFETY 5-1APPROPRIATIONS 12-5
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|Ayes:|Alejo, Bloom, Gomez, |Ayes:|Gatto, Bocanegra, |
| |Lowenthal, Ting | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
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SUMMARY : Revises the Department of Toxic Substance Control's
(DTSC) permitting process and public participation requirements
for hazardous waste facilities. Specifically, this bill :
1)Requires DTSC to adopt regulations by January 1, 2016, to
specify conditions for new permits and the renewal of existing
permits as specified. Establishes deadlines for the
submission and processing of facility applications as
specified. Requires DTSC to adopt regulations by January 1,
2016, to specify the necessary financial assurance required to
receive a permit.
2)Terminates an interim status granted for a facility on or
after January 1, 2015, five years from the date it was granted
or on the date DTSC takes a final action, whichever is
earlier.
3)Requires DTSC to contract with an independent third party for
testing and verification that a hazardous waste release is
abated and the site is remediated.
4)Establishes the DTSC Citizens Oversight Committee to receive
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and review allegations of misconduct from the public, and
establishes the Bureau of Internal Affairs to oversee DTSC and
investigate department conduct.
5)Requires the Secretary of California Environmental Protection
Agency to appoint the director of the Bureau of Internal
Affairs. Requires the Citizens Oversight Committee to be
comprised of 13 members appointed by the Governor (five
members), Senate Rules Committee (four members) and Speaker of
the Assembly (four members.) Members of the Citizens
Oversight Committee receive per diem and serve at the pleasure
of the respective appointing authorities.
6)Requires the Citizens Oversight Committee to review
allegations of misconduct from the Bureau of Internal Affairs.
Requires the Bureau of Internal Affairs to forward the
disposition of allegations to the Citizens Oversight
Committee, as well as post on the Web site.
FISCAL EFFECT According to the Assembly Appropriations
Committee:
1)Increased costs to DTSC from the HWCA of approximately $2.8
million to administer and staff the Bureau of Internal
Affairs. This bill requires the Bureau to operate
independently from DTSC.
2)Increased costs to DTSC from the HWCA of approximately $1.2
million to administer and staff the Citizens Oversight
Committee. This bill requires the Committee to operate
independently from DTSC.
3)Increased costs to DTSC from the HWCA of approximately $1.1
million to meet permit renewal processing deadlines.
4)Increased costs to DTSC from the HWCA of approximately
$600,000 to develop permit criteria regulations and financial
assurance regulations.
5)Increased costs to DTSC from the HWCA of approximately
$450,000 to post expanded information on the Web site
(English) and provide pre-permit public notice and comment
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periods.
6)Increased minor costs of approximately $50,000 to DTSC from
the HWCA for third-party testing.
COMMENTS :
Need for the bill: According to the author, "SB 814 will
strengthen the hazardous waste regulatory system, beginning with
addressing when final permit decisions must be made by the
Department of Toxic Substances Control (DTSC). We are not going
to let hazardous waste facilities continue to pollute vulnerable
neighborhoods anymore. Some facilities are emitting toxic
hazardous waste, including lead, mercury, and arsenic. Many of
them have been operating under expired permits for decades.
Facilities not in compliance with public health and
environmental standards will be shut down."
Permitting hazardous waste storage, treatment, and disposal
facilities: DTSC is responsible for the review of Resource
Conservation and Recovery Act (RCRA) and non-RCRA hazardous
waste permit applications to ensure safe design and operation;
issuance/denial of operating permits; issuance of post-closure
permits; approval/denial of permit modifications;
issuance/denial of emergency permits; review and approval of
closure plans; provide closure oversight of approved closure
plans; issuance/denial of variances; provide assistance to
regulated industry on permitting matters; and provide for public
involvement provide.
There are currently 118 DTSC permitted hazardous waste
facilities in California. These facilities include: 44 storage
sites, 43 treatment facilities, three disposal sites, and 28
post-closure sites.
Criticism of the DTSC hazardous waste facility permitting
process: A report entitled Golden Wasteland, prepared by a
consumer advocacy organization, issued in February of 2013, was
critical of DTSC hazardous waste permitting and enforcement
process. According the report, DTSC settled cases out of court
with facility operators, levies ineffective fines, and fails to
develop and refer cases for prosecution. It was asserted that
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the DTSC often awards permits without environmental review, and
it has not revoked the permit of a serial violator of
environmental laws in more than 15 years, the report found.
DTSC has undertaken a review of permitting and enforcement
processes for hazardous waste facilities. To do this, DTSC has
contracted for an outside program evaluation by CPS HR
Consulting that provided a review of the DTSC permit process to
develop a standardized process with decision criteria and
corresponding standards of performance. The DTSC process will
review and assess the current timeliness of decisions, and
evaluate the adequacy of program staffing. It will make
recommendations for process improvement. DTSC is currently
taking action on the specific recommendations through the review
process for permit process changes. The program changes have
been included with the Governor's Budget for fiscal year
2014-2015.
Analysis Prepared by : `Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0004811