Amended in Assembly August 20, 2014

Amended in Assembly August 7, 2014

Amended in Assembly June 12, 2014

Amended in Senate May 27, 2014

Amended in Senate April 21, 2014

Senate Bill No. 1261

Introduced by Senator Jackson

February 21, 2014

An act to amend Sections 25501, 25502, 25503, 25504, 25505, 25507, 25507.1, 25507.2, 25508, 25508.1, 25509, 25510, 25510.3, 25511, and 25515.5 of, and to repeal and add Sections 25506 and 25508.2 of, the Health and Safety Code, relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

SB 1261, as amended, Jackson. Hazardous materials: business plans.

(1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, including a statewide information management system for purposes of receiving data collected by unified program agencies. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program and be certified as a certified unified program agency (CUPA), and every county is required to apply to the secretary to be certified to implement the unified program.

Existing law requires the unified program agency to implement and enforce provisions that require a business that handles a hazardous material, as defined, to establish and implement a business plan, including an inventory of specified information for response to a release or threatened release of a hazardous material. The annual inventory submittal is required to contain information on specified hazardous materials that are handled in quantities equal to or greater than certain quantities or as established by the governing body of the unified program agency by a local ordinance. A violation of the business plan requirements is a misdemeanor.

This bill would instead require the secretary, in coordination with the Office of Emergency Services, to specify the hazardous materials inventory required to be submitted by handlers, including the data to be collected and submitted for hazardous materials. The bill would authorize the governing body of a unified program agency to adopt an ordinance that designates a material as a hazardous material, if a handler or the governing body of the unified program agency has a reasonable basis to believe that material injurious or harmful, as specified. The bill would revise the information required to be included in the business plan.

(2) Existing law requires a unified program agency to exempt a business operating an unstaffed remote facility located in an isolated sparsely populated area from specified business plan requirements. Existing law allows a unified program agency to require an unstaffed remote facility to submit a hazardous materials business plan and inventory in accordance with requirements if the agency makes specified findings.

This bill would instead require the unified program agency to exempt from specified requirements begin insert a business operating end insert an unstaffed facility located at least one-half mile from the nearest occupied structure, unless required by a local ordinance. The bill would require the begin delete facility end delete begin insert business end insert to make a one-time business plan submittal that would not be required to include specified elements of the plan and would repeal the authorization for the unified program agency to require an unstaffed remote facility to submit a plan and inventory.

(3) Existing law requires a handler to electronically submit its business plan to the statewide information management system, to renew the plan at least once every 3 years to determine if a revision is needed, and to certify to the unified program agency that the review was made and that any necessary changes were made to the plan. A handler is also required to annually review the business plan information and resubmit or certify as correct the inventory information in the statewide environmental reporting system.

This bill would instead require the handler to submit the business plan annually to the statewide information system by a date established by the unified program agency or by March 1, would instead require a business owner, business operator, or officially designated representative of the business to review and certify on or before that date that the information in the statewide information management system meets specified requirements, and would remove the requirement that the handler annually review and resubmit or certify as correct the inventory information in the statewide environmental reporting system.

(4) Existing law requires the unified program agency to make the data elements and documents submitted by businesses available to the public in a specified manner.

This bill would instead require the unified program agency to make the information in the statewide information management system available to the public.

(5) Existing law requires the immediate report of any release or threatened release of a hazardous material to the unified program agency, and to the office, in accordance with the regulations adopted by the office.

This bill would require the office to adopt regulations by January 1, 2016, to implement these requirements.

(6) This bill would revise some definitions for purposes of these provisions relating to business plans of handlers of hazardous materials and would make other conforming changes.

(7) The bill would impose a state-mandated local program by imposing new duties upon unified program agencies and by creating new crimes with regard to the submission of business plans.

(8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

(9) The bill would incorporate changes to Section 25507 of the Health and Safety Code proposed by both this bill and AB 2748, which would only become operative if both bills are enacted and become effective on or before January 1, 2015, and this bill is enacted after AB 2748.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25501 of the Health and Safety Code is
amended to read:

25501.  

Unless the context indicates otherwise, the following
definitions govern the construction of this article:

(a) “Agricultural handler” means a business operating a farm
that is subject to the exemption specified in Section 25507.1.

(b) “Area plan” means a plan established pursuant to Section
25503 by a unified program agency for emergency response to a
release or threatened release of a hazardous material within a city
or county.

(c) “Business” means all of the following:

(1) An employer, self-employed individual, trust, firm, joint
stock company, corporation, partnership, limited liability
partnership or company, or other business entity.

(2) A business organized for profit and a nonprofit business.

(3) The federal government, to the extent authorized by law.

(4) An agency, department, office, board, commission, or bureau
of state government, including, but not limited to, the campuses
of the California Community Colleges, the California State
University, and the University of California.

(5) An agency, department, office, board, commission, or bureau
of a city, county, or district.

(6) A handler that operates or owns a unified program facility.

(d) “Business plan” means a separate plan for each unified
program facility, site, or branch of a business that meets the
requirements of Section 25505.

(e) (1) “Certified unified program agency” or “CUPA” means
the agency certified by the secretary to implement the unified
program specified in Chapter 6.11 (commencing with Section
25404) within a jurisdiction.

(2) “Participating agency” or “PA” means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement
or enforce one or more of the unified program elements specified
in paragraphs (4) and (5) of subdivision (c) of Section 25404, in
accordance with Sections 25404.1 and 25404.2.

(3) “Unified program agency” or “UPA” means the CUPA, or
its participating agencies to the extent each PA has been designated
by the CUPA, pursuant to a written agreement, to implement or
enforce a particular unified program element specified in
paragraphs (4) and (5) of subdivision (c) of Section 25404. For
purposes of this article and Article 2 (commencing with Section
25531), the UPAs have the responsibility and authority, to the
extent provided by this article and Article 2 (commencing with
Section 25531) and Sections 25404.1 and 25404.2, to implement
and enforce only those requirements of this article and Article 2
(commencing with Section 25531) listed in paragraphs (4) and (5)
of subdivision (c) of Section 25404.

(4) The UPAs also have the responsibility and authority, to the
extent provided by this article and Article 2 (commencing with
Section 25531) and Sections 25404.1 and 25404.2, to implement
and enforce the regulations adopted to implement the requirements
of this article and Article 2 (commencing with Section 25531)
listed in paragraphs (4) and (5) of subdivision (c) of Section 25404.
After a CUPA has been certified by the secretary, the unified
program agencies shall be the only local agencies authorized to
enforce the requirements of this article and Article 2 (commencing
with Section 25531) listed in paragraphs (4) and (5) of subdivision
(c) of Section 25404 within the jurisdiction of the CUPA.

(f) “City” includes any city and county.

(g) “Chemical name” means the scientific designation of a
substance in accordance with the nomenclature system developed
by the International Union of Pure and Applied Chemistry or the
system developed by the Chemical Abstracts Service.

(h) “Common name” means any designation or identification,
such as a code name, code number, trade name, or brand name,
used to identify a substance by other than its chemical name.

(i) “Compressed gas” means a material, or mixture of materials,
that meets either of the following:

(1) The definition of compressed gas or cryogenic fluid found
in the California Fire Code.

(2) Compressed gas that is regulated pursuant to Part 1
(commencing with Section 6300) of Division 5 of the Labor Code.

(j) “Consumer product” means a commodity used for personal,
family, or household purposes, or is present in the same form,
concentration, and quantity as a product prepackaged for
distribution to and use by the general public.

(k) “Emergency response personnel” means a public employee,
including, but not limited to, a firefighter or emergency rescue
personnel, as defined in Section 245.1 of the Penal Code, or
personnel of a local emergency medical services (EMS) agency,
as designated pursuant to Section 1797.200, who is responsible
for response, mitigation, or recovery activities in a medical, fire,
or hazardous material incident, or natural disaster where public
health, public safety, or the environment may be impacted.

(l) “Handle” means all of the following:

(1) (A) To use, generate, process, produce, package, treat, store,
emit, discharge, or dispose of a hazardous material in any fashion.

(B) For purposes of subparagraph (A), “store” does not include
the storage of hazardous materials incidental to transportation, as
defined in Title 49 of the Code of Federal Regulations, with regard
to the inventory requirements of Section 25506.

(2) (A) The use or potential use of a quantity of hazardous
material by the connection of a marine vessel, tank vehicle, tank
car, or container to a system or process for any purpose.

(B) For purposes of subparagraph (A), the use or potential use
does not include the immediate transfer to or from an approved
atmospheric tank or approved portable tank that is regulated as
loading or unloading incidental to transportation by Title 49 of the
Code of Federal Regulations.

(m) “Handler” means a business that handles a hazardous
material.

(n) (1) “Hazardous material” means a material listed in
paragraph (2) that, because of its quantity, concentration, or
physical or chemical characteristics, poses a significant present or
potential hazard to human health and safety or to the environment
if released into the workplace or the environment, or a material
specified in an ordinance adopted pursuant to paragraph (3).

(2) Hazardous materials include all of the following:

(A) A substance or product for which the manufacturer or
producer is required to prepare a material safety data sheet pursuant
to the Hazardous Substances Information and Training Act
(Chapter 2.5 (commencing with Section 6360) of Part 1 of Division
5 of the Labor Code) or pursuant to any applicable federal law or
regulation.

(B) A substance listed as a radioactive material in Appendix B
of Part 30 (commencing with Section 30.1) of Title 10 of the Code
of Federal Regulations, as maintained and updated by the Nuclear
Regulatory Commission.

(C) A substance listed pursuant to Title 49 of the Code of
Federal Regulations.

(D) A substance listed in Section 339 of Title 8 of the California
Code of Regulations.

(E) A material listed as a hazardous waste, as defined by
Sections 25115, 25117, and 25316.

(3) The governing body of a unified program agency may adopt
an ordinance that provides that, within the jurisdiction of the
unified program agency, a material not listed in paragraph (2) is
a hazardous material for purposes of this article if a handler has a
reasonable basis for believing that the material would be injurious
to the health and safety of persons or harmful to the environment
if released into the workplace or the environment, and requests
the governing body of the unified program agency to adopt that
ordinance, or if the governing body of the unified program agency
has a reasonable basis for believing that the material would be
injurious to the health and safety of persons or harmful to the
environment if released into the workplace or the environment.
The handler or the unified program agency shall notify the secretary
no later than 30 days after the date an ordinance is adopted pursuant
to this paragraph.

(o) “Office” means the Office of Emergency Services.

(p) “Release” means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, unless permitted or
authorized by a regulatory agency.

(q) “Retail establishment” means a business that sells consumer
products prepackaged for distribution to, and intended for use by,
the general public. A retail establishment may include storage
areas or storerooms in establishments that are separated from
shelves for display areas but maintained within the physical
confines of the retail establishments. A retail establishment does
not include a pest control dealer, as defined in Section 11407 of
the Food and Agricultural Code.

(r) “Secretary” means the Secretary for Environmental
Protection.

(s) “Statewide information management system” means the
statewide information management system established pursuant
to subdivision (e) of Section 25404 that provides for the
combination of state and local information management systems
for the purposes of managing unified program data.

(t) “Threatened release” means a condition, circumstance, or
incident making it necessary to take immediate action to prevent,
reduce, or mitigate a release with the potential to cause damage
or harm to persons, property, or the environment.

(u) “Trade secret” means trade secrets as defined in either
subdivision (d) of Section 6254.7 of the Government Code or
Section 1061 of the Evidence Code.

(v) “Unified program facility” means all contiguous land and
structures, other appurtenances, and improvements on the land
that are subject to the requirements of paragraphs (4) and (5) of
subdivision (c) of Section 25404. For purposes of this article,
“facility” has the same meaning as unified program facility.

SEC. 2.  

Section 25502 of the Health and Safety Code is
amended to read:

25502.  

(a) This article and Article 3 (commencing with Section
25545), as it pertains to the handling of hazardous material, and
Article 2 (commencing with Section 25531), as it pertains to the
regulation of stationary sources, shall be implemented by one of
the following:

(1) If there is a CUPA, the unified program agency.

(2) If there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.

(b) The agency responsible for implementing this article, Article
2 (commencing with Section 25531), and Article 3 (commencing
with Section 25545) shall ensure full access to, and the availability
of, information submitted under this chapter to emergency response
personnel and other appropriate governmental entities within its
jurisdiction.

SEC. 3.  

Section 25503 of the Health and Safety Code is
amended to read:

25503.  

(a) The office shall adopt, after public hearing and
consultation with the Office of the State Fire Marshal and other
appropriate public entities, regulations for minimum standards for
business plans and area plans. All business plans and area plans
shall meet the standards adopted by the office.

(b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:

(1) Set forth minimum requirements of adequacy, and not
preclude the imposition of additional or more stringent
requirements by local government.

(2) Take into consideration and adjust for the size and nature
of the business, the proximity of the business to residential areas
and other populations, and the nature of the damage potential of
its hazardous materials in establishing standards for paragraphs
(3) and (4) of subdivision (a) of Section 25505.

(3) Take into account the existence of local area and business
plans that meet the requirements of this article so as to minimize
the duplication of local efforts, consistent with the objectives of
this article.

(4) Define what releases and threatened releases are required
to be reported pursuant to Section 25510. The office shall consider
the existing federal reporting requirements in determining a
definition of reporting releases pursuant to Section 25510.

(c) A unified program agency shall, in consultation with local
emergency response agencies, establish an area plan for emergency
response to a release or threatened release of a hazardous material
within its jurisdiction. An area plan is not a statute, ordinance, or
regulation for purposes of Section 669 of the Evidence Code. The
standards for area plans in the regulations adopted pursuant to
subdivision (a) shall provide for all of the following:

(1) Procedures and protocols for emergency response personnel,
including the safety and health of those personnel.

(2) Preemergency planning.

(3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special districts.

(4) Training of appropriate employees.

(5) Onsite public safety and information.

(6) Required supplies and equipment.

(7) Access to emergency response contractors and hazardous
waste disposal sites.

(8) Incident critique and followup.

(9) Requirements for notification to the office of reports made
pursuant to Section 25510.

(d) (1) The unified program agency shall submit to the office
for its review a copy of the proposed area plan within 180 days
after adoption of regulations by the office. The office shall notify
the unified program agency as to whether the area plan is adequate
and meets the area plan standards. The unified program agency
shall submit a corrected area plan within 45 days of this notice.

(2) The unified program agency shall certify to the office every
three years that it has conducted a complete review of its area plan
and has made any necessary revisions. If a unified program agency
makes a substantial change to its area plan, it shall forward the
changes to the office within 14 days after the changes have been
made.

(e) The inspection and enforcement program established
pursuant to paragraphs (2) and (3) of subdivision (a) of Section
25404.2, shall include the basic provisions of a plan to conduct
onsite inspections of businesses subject to this article by the unified
program agency. These inspections shall ensure compliance with
this article and shall identify existing safety hazards that could
cause or contribute to a release and, where appropriate, enforce
any applicable laws and suggest preventative measures designed
to minimize the risk of the release of hazardous material into the
workplace or environment. The requirements of this subdivision
do not alter or affect the immunity provided to a public entity
pursuant to Section 818.6 of the Government Code.

SEC. 4.  

Section 25504 of the Health and Safety Code is
amended to read:

25504.  

(a) The Legislature hereby finds and declares that
persons attempting to do business in this state are increasingly
experiencing excessive and duplicative regulatory requirements
at different levels of government.

(b) To streamline and ease the regulatory burdens of doing
business in this state, compliance with Section 25505 shall also
suffice to meet the requirements for a Hazardous Materials
Management Plan and the Hazardous Materials Inventory
Statement as set forth in the California Fire Code and its
appendices, to the extent that the information in the California Fire
Code is contained in Section 25505.

(c) The unified program agency shall provide access to the
information collected in the statewide information management
system to emergency response personnel on a 24-hour basis.

(d) The enforcement of this article by unified program agencies
and the California Fire Code by those agencies required to enforce
the provisions of that code shall be coordinated.

(e) (1) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that files
the inventory of information required by this article and the
addendum adopted pursuant to paragraph (4), if required by the
local fire chief, shall be deemed to have met the requirements for
a Hazardous Materials Inventory Statement, as set forth in the
California Fire Code and its appendices.

(2) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that
establishes and maintains a business plan for emergency response
to a release or a threatened release of a hazardous material in
accordance with Section 25505, shall be deemed to have met the
requirements for a Hazardous Materials Management Plan, as set
forth in the California Fire Code and its appendices.

(3) Except for the addendum required by the local fire chief
pursuant to paragraph (4), the unified program agency shall be the
sole enforcement agency for purposes of determining compliance
pursuant to paragraphs (1) and (2).

(4) The office shall, in consultation with the unified program
agencies and the State Fire Marshal, adopt by regulation a single
comprehensive addendum for hazardous materials reporting for
the purposes of complying with subdivisions (b) and (c) of Section
13143.9 and subdivision (b) of Section 25506. The unified program
agency shall require businesses to annually use that addendum
when complying with subdivisions (b) and (c) of Section 13143.9
and subdivision (b) of Section 25506. A business shall file the
addendum with the unified program agency when required by the
local fire chief pursuant to subdivision (b) of Section 13143.9 or
subdivision (b) of Section 25506.

(f) Except as otherwise expressly provided in this section, this
section does not affect or otherwise limit the authority of the local
fire chief to enforce the California Fire Code.

SEC. 5.  

Section 25505 of the Health and Safety Code is
amended to read:

25505.  

(a) A business plan shall contain all of the following
information:

(1) The inventory of information required by this article and
additional information the governing body of the unified program
agency finds necessary to protect the health and safety of persons,
property, or the environment. Locally required information shall
be adopted by local ordinance and shall be subject to trade secret
protection specified in Section 25512. The unified program agency
shall notify the secretary within 30 days after those requirements
are adopted.

(2) A site map that contains north orientation, loading areas,
internal roads, adjacent streets, storm and sewer drains, access and
exit points, emergency shutoffs, evacuation staging areas,
hazardous material handling and storage areas, and emergency
response equipment.

(3) Emergency response plans and procedures in the event of a
release or threatened release of a hazardous material, including,
but not limited to, all of the following:

(A) Immediate notification contacts to the appropriate local
emergency response personnel and to the unified program agency.

(B) Procedures for the mitigation of a release or threatened
release to minimize any potential harm or damage to persons,
property, or the environment.

(C) Evacuation plans and procedures, including immediate
notice, for the business site.

(4) Training for all new employees and annual training,
including refresher courses, for all employees in safety procedures
in the event of a release or threatened release of a hazardous
material, including, but not limited to, familiarity with the plans
and procedures specified in paragraph (3). These training programs
may take into consideration the position of each employee. This
training shall be documented electronically or by hard copy and
shall be made available for a minimum of three years.

(b) A business required to file a pipeline operations contingency
plan in accordance with the Elder California Pipeline Safety Act
of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1
of Division 1 of Title 5 of the Government Code) and the
regulations of the Department of Transportation, found in Part 195
(commencing with Section 195.0) of Subchapter D of Chapter I
of Subtitle B of Title 49 of the Code of Federal Regulations, may
file a copy of those plans with the unified program agency instead
of filing an emergency response plan specified in paragraph (3)
of subdivision (a).

(c) The emergency response plans and procedures, the inventory
of information required by this article, and the site map required
by this section shall be readily available to personnel of the
business or the unified program facility with responsibilities for
emergency response or training pursuant to this section.

SEC. 6.  

Section 25506 of the Health and Safety Code is
repealed.

SEC. 7.  

Section 25506 is added to the Health and Safety Code,
to read:

25506.  

(a) The secretary, in coordination with the office, shall
specify the hazardous materials inventory that shall be submitted
by handlers and the data to be collected and submitted for
hazardous materials in quantities equal to or greater than the
quantities specified in Section 25507 or as otherwise established
by the governing body of the unified program agency by a local
ordinance.

(b) If required by the local fire chief, the business shall also file
the addendum required by paragraph (4) of subdivision (e) of
Section 25504.

(c) (1) Except as provided in subdivision (d), the inventory
information required by this section shall also include all inventory
information required by Section 11022 of Title 42 of the United
States Code.

(2) The office may adopt or amend existing regulations
specifying the inventory information required by this subdivision.

(d) If, pursuant to federal law or regulation, as it currently exists
or as it may be amended, the office determines that the inventory
information required by subdivisions (a) and (c) is substantially
equivalent to the inventory information required under the
Emergency Planning and Community Right-to-Know Act of 1986
(42 U.S.C. Sec. 11001 et seq.), the requirements of subdivisions
(a) and (c) shall not apply.

(e) This section shall not apply to hazardous materials that are
described in subdivision (b) of Section 25507.

SEC. 8.  

Section 25507 of the Health and Safety Code is
amended to read:

25507.  

(a) Except as provided in this article, a begin delete facility end delete begin insert business end insert
shall establish and implement a business plan for emergency
response to a release or threatened release of a hazardous material
in accordance with the standards prescribed in the regulations
adopted pursuant to Section 25503 if the begin delete facility end delete begin insert business end insert meets
any of the following conditions:

(1) (A) The begin delete facility end delete begin insert business end insert handles a hazardous material or
a mixture containing a hazardous material that has a quantity at
any one time during the reporting year that is equal to, or greater
than, 55 gallons for materials that are liquids, 500 pounds for solids,
or 200 cubic feet for compressed gas, as defined in subdivision (i)
of Section 25501. The physical state and quantity present of
mixtures shall be determined by the physical state of the mixture
as a whole, not individual components, at standard temperature
and pressure.

(B) For the purpose of this section, for compressed gases, if a
hazardous material or mixture is determined to exceed threshold
quantities at standard temperature and pressure, it shall be reported
in the physical state at which it is stored. If the material is an
extremely hazardous substance, as defined in Section 355.61 of
Title 40 of the Code of Federal Regulations, all amounts shall be
reported in pounds.

(2) The begin delete facility end delete begin insert business end insert is required to submit chemical inventory
information pursuant to Section 11022 of Title 42 of the United
States Code.

(3) The begin delete facility end delete begin insert business end insert handles at any one time during the
reporting year an amount of a hazardous material that is equal to,
or greater than the threshold planning quantity, under both of the
following conditions:

(A) The hazardous material is an extremely hazardous substance,
as defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.

(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing
with Section 355.1) of Subchapter J of Chapter I of Title 40 of the
Code of Federal Regulations is less than 500 pounds.

(4) The begin delete facility end delete begin insert business end insert handles at any one time during the
reporting year a total weight of 5,000 pounds for solids or a total
volume of 550 gallons for liquids, if the hazardous material is a
solid or liquid substance that is classified as a hazard for purposes
of Section 5194 of Title 8 of the California Code of Regulations
solely as an irritant or sensitizer.

(5) The begin delete facility end delete begin insert business end insert handles at any one time during the
reporting year cryogenic, refrigerated, or compressed gas in a
quantity of 1,000 cubic feet or more at standard temperature and
pressure, if the gas is any of the following:

(A) Classified as a hazard for the purposes of Section 5194 of
Title 8 of the California Code of Regulations only for hazards due
to simple asphyxiation or the release of pressure.

(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained
by a physician, dentist, podiatrist, veterinarian, pharmacist, or
emergency medical service provider at his or her place of business.

(C) Carbon dioxide.

(D) Nonflammable refrigerant gases, as defined in the California
Fire Code, that are used in refrigeration systems.

(E) Gases used in closed fire suppression systems.

(6) The begin delete facility end delete begin insert business end insert handles a radioactive material at any
one time during the reporting year in quantities for which an
emergency plan is required to be considered pursuant to Schedule
C (Section 30.72) of Part 30 (commencing with Section 30.1), Part
40 (commencing with Section 40.1), or Part 70 (commencing with
Section 70.1), of Chapter 1 of Title 10 of the Code of Federal
Regulations, or pursuant to any regulations adopted by the state
in accordance with those regulations.

(7) The begin delete facility end delete begin insert business end insert handles perchlorate material, as defined
in subdivision (c) of Section 25210.5, in a quantity at any one time
during the reporting year that is equal to, or greater than, the
thresholds listed in paragraph (1).

(b) The following hazardous materials are exempt from the
requirements of this section:

(1) Refrigerant gases, other than ammonia or flammable gas in
a closed cooling system, that are used for comfort or space cooling
for computer rooms.

(2) Compressed air in cylinders, bottles, and tanks used by fire
departments and other emergency response organizations for the
purpose of emergency response and safety.

(3) (A) Lubricating oil, if the total volume of each type of
lubricating oil handled at a facility does not exceed 55 gallons and
the total volume of all types of lubricating oil handled at that
facility does not exceed 275 gallons, at any one time.

(B) For purposes of this paragraph, “lubricating oil” means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. “Lubricating oil” does not include used oil, as defined in
subdivision (a) of Section 25250.1.

(4) Both of the following, if the aggregate storage capacity of
oil at the facility is less than 1,320 gallons:

(A) Fluid in a hydraulic system.

(B) Oil-filled electrical equipment that is not contiguous to an
electric facility.

(5) Hazardous material contained solely in a consumer product,
handled at, and found in, a retail establishment and intended for
sale to, and for the use by, the public. The exemption provided for
in this paragraph shall not apply to a consumer product handled
at the facility which manufactures that product, or a separate
warehouse or distribution center of that facility, or where a product
is dispensed on the retail premises.

(6) Propane that is for on-premises use, storage, or both, in an
amount not to exceed 500 gallons, that is for the sole purpose of
cooking, heating employee work areas, and heating water within
that business, unless the uniform program agency finds, and
provides notice to the business handling the propane, that the
handling of the begin delete on-premise end delete begin insert on-premises end insert propane requires the
submission of a business plan, or any portion of a business plan,
in response to public health, safety, or environmental concerns.

(c) In addition to the authority specified in subdivision (e), the
governing body of the unified program agency may, in exceptional
circumstances, following notice and public hearing, exempt a
hazardous material specified in subdivision (n) of Section 25501
from Section 25506, if it is found that the hazardous material would
not pose a present or potential danger to the environment or to
human health and safety if the hazardous material was released
into the environment. The unified program agency shall send a
notice to the office and the secretary within 15 days from the
effective date of any exemption granted pursuant to this
subdivision.

(d) The unified program agency, upon application by a handler,
may exempt the handler, under conditions that the unified program
agency determines to be proper, from any portion of the
requirements to establish and maintain a business plan, upon a
written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment, or affect the ability of the unified program agency
and emergency response personnel to effectively respond to the
release of a hazardous material, and that there are unusual
circumstances justifying the exemption. The unified program
agency shall specify in writing the basis for any exemption under
this subdivision.

(e) The unified program agency, upon application by a handler,
may exempt a hazardous material from the inventory provisions
of this article upon proof that the material does not pose a
significant present or potential hazard to human health and safety
or to the environment if released into the workplace or
environment. The unified program agency shall specify in writing
the basis for any exemption under this subdivision.

(f) The unified program agency shall adopt procedures to
provide for public input when approving applications submitted
pursuant to subdivisions (d) and (e).

SEC. 8.5.  

Section 25507 of the Health and Safety Code is
amended to read:

25507.  

(a) Except as provided in this article, a begin delete facility end delete begin insert business end insert
shall establish and implement a business plan for emergency
response to a release or threatened release of a hazardous material
in accordance with the standards prescribed in the regulations
adopted pursuant to Section 25503 if the begin delete facility end delete begin insert business end insert meets
any of the following conditions:

(1) (A) The begin delete facility end delete begin insert business end insert handles a hazardous material or
a mixture containing a hazardous material that has a quantity at
any one time during the reporting year that is equal to, or greater
than, 55 gallons for materials that are liquids, 500 pounds for solids,
or 200 cubic feet for compressed gas, as defined in subdivision (i)
of Section 25501. The physical state and quantity present of
mixtures shall be determined by the physical state of the mixture
as a whole, not individual components, at standard temperature
and pressure.

(B) For the purpose of this section, for compressed gases, if a
hazardous material or mixture is determined to exceed threshold
quantities at standard temperature and pressure, it shall be reported
in the physical state at which it is stored. If the material is an
extremely hazardous substance, as defined in Section 355.61 of
Title 40 of the Code of Federal Regulations, all amounts shall be
reported in pounds.

(2) The begin delete facility end delete begin insert business end insert is required to submit chemical inventory
information pursuant to Section 11022 of Title 42 of the United
States Code.

(3) The begin delete facility end delete begin insert business end insert handles at any one time during the
reporting year an amount of a hazardous material that is equal to,
or greater than the threshold planning quantity, under both of the
following conditions:

(A) The hazardous material is an extremely hazardous substance,
as defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.

(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing
with Section 355.1) of Subchapter J of Chapter I of Title 40 of the
Code of Federal Regulations is less than 500 pounds.

(4) (A) Except as provided in subparagraph (B), the begin delete facility end delete
begin insert business end insert handles at any one time during the reporting year a total
weight of 5,000 pounds for solids or a total volume of 550 gallons
for liquids, if the hazardous material is a solid or liquid substance
that is classified as a hazard for purposes of Section 5194 of Title
8 of the California Code of Regulations solely as an irritant or
sensitizer.

(B) If the hazardous material handled by the begin delete facility end delete begin insert business end insert
is a paint that will be recycled or otherwise managed under an
architectural paint recovery program approved by the Department
of Resources begin delete Recovery and end delete Recycling begin insert and Recovery end insert pursuant to
Chapter 5 (commencing with Section 48700) of Part 7 of Division
30 of the Public Resources Code, the begin delete facility end delete begin insert business end insert is required
to establish and implement a business plan only if the begin delete facility end delete
begin insert business end insert handles at any one time during the reporting year a total
weight of 10,000 pounds of solid hazardous materials or a total
volume of 1,000 gallons of liquid hazardous materials.

(5) The begin delete facility end delete begin insert business end insert handles at any one time during the
reporting year cryogenic, refrigerated, or compressed gas in a
quantity of 1,000 cubic feet or more at standard temperature and
pressure, if the gas is any of the following:

(A) Classified as a hazard for the purposes of Section 5194 of
Title 8 of the California Code of Regulations only for hazards due
to simple asphyxiation or the release of pressure.

(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained
by a physician, dentist, podiatrist, veterinarian, pharmacist, or
emergency medical service provider at his or her place of business.

(C) Carbon dioxide.

(D) Nonflammable refrigerant gases, as defined in the California
Fire Code, that are used in refrigeration systems.

(E) Gases used in closed fire suppression systems.

(6) The begin delete facility end delete begin insert business end insert handles a radioactive material at any
one time during the reporting year in quantities for which an
emergency plan is required to be considered pursuant to Schedule
C (Section 30.72) of Part 30 (commencing with Section 30.1), Part
40 (commencing with Section 40.1), or Part 70 (commencing with
Section 70.1), of Chapter 1 of Title 10 of the Code of Federal
Regulations, or pursuant to any regulations adopted by the state
in accordance with those regulations.

(7) The begin delete facility end delete begin insert business end insert handles perchlorate material, as defined
in subdivision (c) of Section 25210.5, in a quantity at any one time
during the reporting year that is equal to, or greater than, the
thresholds listed in paragraph (1).

(b) The following hazardous materials are exempt from the
requirements of this section:

(1) Refrigerant gases, other than ammonia or flammable gas in
a closed cooling system, that are used for comfort or space cooling
for computer rooms.

(2) Compressed air in cylinders, bottles, and tanks used by fire
departments and other emergency response organizations for the
purpose of emergency response and safety.

(3) (A) Lubricating oil, if the total volume of each type of
lubricating oil handled at a facility does not exceed 55 gallons and
the total volume of all types of lubricating oil handled at that
facility does not exceed 275 gallons, at any one time.

(B) For purposes of this paragraph, “lubricating oil” means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. “Lubricating oil” does not include used oil, as defined in
subdivision (a) of Section 25250.1.

(4) Both of the following, if the aggregate storage capacity of
oil at the facility is less than 1,320 gallons:

(A) Fluid in a hydraulic system.

(B) Oil-filled electrical equipment that is not contiguous to an
electric facility.

(5) Hazardous material contained solely in a consumer product,
handled at, and found in, a retail establishment and intended for
sale to, and for the use by, the public. The exemption provided for
in this paragraph shall not apply to a consumer product handled
at the facility which manufactures that product, or a separate
warehouse or distribution center of that facility, or where a product
is dispensed on the retail premises.

(6) Propane that is for on-premises use, storage, or both, in an
amount not to exceed 500 gallons, that is for the sole purpose of
cooking, heating employee work areas, and heating water within
that business, unless the uniform program agency finds, and
provides notice to the business handling the propane, that the
handling of the begin delete on-premise end delete begin insert on-premises end insert propane requires the
submission of a business plan, or any portion of a business plan,
in response to public health, safety, or environmental concerns.

(c) In addition to the authority specified in subdivision (e), the
governing body of the unified program agency may, in exceptional
circumstances, following notice and public hearing, exempt a
hazardous material specified in subdivision (n) of Section 25501
from Section 25506, if it is found that the hazardous material would
not pose a present or potential danger to the environment or to
human health and safety if the hazardous material was released
into the environment. The unified program agency shall send a
notice to the office and the secretary within 15 days from the
effective date of any exemption granted pursuant to this
subdivision.

(d) The unified program agency, upon application by a handler,
may exempt the handler, under conditions that the unified program
agency determines to be proper, from any portion of the
requirements to establish and maintain a business plan, upon a
written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment, or affect the ability of the unified program agency
and emergency response personnel to effectively respond to the
release of a hazardous material, and that there are unusual
circumstances justifying the exemption. The unified program
agency shall specify in writing the basis for any exemption under
this subdivision.

(e) The unified program agency, upon application by a handler,
may exempt a hazardous material from the inventory provisions
of this article upon proof that the material does not pose a
significant present or potential hazard to human health and safety
or to the environment if released into the workplace or
environment. The unified program agency shall specify in writing
the basis for any exemption under this subdivision.

(f) The unified program agency shall adopt procedures to
provide for public input when approving applications submitted
pursuant to subdivisions (d) and (e).

SEC. 9.  

Section 25507.1 of the Health and Safety Code is
amended to read:

25507.1.  

(a) A unified program agency shall exempt a business
operating a farm for purposes of cultivating the soil or raising or
harvesting any agricultural or horticultural commodity from filing
the information in the business plan required by paragraphs (3)
and (4) of subdivision (a) of Section 25505 if all of the following
requirements are met:

(1) The agricultural handler annually submits the facility
information and inventory required by Section 25506 to the
statewide information management system.

(2) Each building in which hazardous materials subject to this
article are stored is posted with signs, in accordance with
regulations that the office shall adopt, that provide notice of the
storage of any of the following:

(A) Pesticides.

(B) Petroleum fuels and oil.

(C) Types of fertilizers.

(3) The agricultural handler provides the training programs
specified in paragraph (4) of subdivision (a) of Section 25505.

(b) The unified program agency may designate the county
agricultural commissioner to conduct the inspections of agricultural
handlers. The agricultural commissioner shall schedule and conduct
inspections in accordance with Section 25511.

SEC. 10.  

Section 25507.2 of the Health and Safety Code is
amended to read:

25507.2.  

Unless required by a local ordinance, the unified
program agency shall exempt begin insert a business operating end insert an unstaffed
facility located at least one-half mile from the nearest occupied
structure from Sections 25508.2 and 25511, and shall subject the
begin delete facility end delete begin insert business end insert to Sections 25505, 25506, and 25507 only as
specified in this section, if the begin delete facility end delete begin insert business end insert is not otherwise
subject to the requirements of applicable federal law, and all of
the following requirements are met:

(a) The types and quantities of materials onsite are limited to
one or more of the following:

(1) One thousand standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).

(2) Five hundred gallons of combustible liquid used as a fuel
source.

(3) Corrosive liquids, not to exceed 500 pounds of extremely
hazardous substances, used as electrolytes, and in closed containers.

(4) Five hundred gallons of lubricating and hydraulic fluids.

(5) One thousand two hundred gallons of hydrocarbon gas used
as a fuel source.

(6) Any quantity of mineral oil contained within electrical
equipment, such as transformers, bushings, electrical switches,
and voltage regulators, if the spill prevention control and
countermeasure plan has been prepared for quantities that meet or
exceed 1,320 gallons.

(b) The facility is secured and not accessible to the public.

(c) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.

(d) (1) Notwithstanding Sections 25505 and 25507, a one-time
business plan, except for the emergency response plan and training
elements specified in paragraphs (3) and (4) of subdivision (a) of
Section 25505, is submitted to the statewide information
management system. This one-time business plan submittal is
subject to a verification inspection by the unified program agency
and the unified program agency may assess a fee not to exceed the
actual costs of processing and for inspection, if an inspection is
conducted.

(2) If the information contained in the one-time submittal of the
business plan changes and the time period of the change is longer
than 30 days, the business plan shall be resubmitted within 30 days
to the statewide information management system to reflect any
change in the business plan. A fee not to exceed the actual costs
of processing and inspection, if conducted, may be assessed by
the unified program agency.

SEC. 11.  

Section 25508 of the Health and Safety Code is
amended to read:

25508.  

(a) (1) (A) A handler shall electronically submit its
business plan annually to the statewide information management
system in accordance with the requirements of this article and
certify that the business plan meets the requirements of this article.

(B) The unified program agency shall establish an annual date
by which a handler shall electronically submit the business plan.
If a unified program agency does not otherwise establish an annual
date, the handler shall submit the business plan on or before March
1.

(2) If, after review, the unified program agency determines that
the handler’s business plan is deficient in satisfying the
requirements of this article or the regulations adopted pursuant to
Section 25503, the unified program agency shall notify the handler
of those deficiencies. The handler shall electronically submit a
corrected business plan within 30 days from the date of the notice.

(3) If a handler fails, after reasonable notice, to electronically
submit a business plan in compliance with this article, the unified
program agency shall take appropriate action to enforce this article,
including the imposition of administrative, civil, and criminal
penalties as specified in this article.

(4) For data not adopted in the manner established under the
standards adopted pursuant to subdivision (e) of Section 25404,
and that is reported using a document format, the use of a reporting
method accepted by the statewide information management system
shall be considered compliant with the requirement to submit that
data. If the reporting option used does not support public records
requests from the public, the handler shall provide requested
documents to the unified program agency within 10 business days
of a request from the unified program agency.

(b) Except as required by paragraph (1) of subdivision (a) of
Section 65850.2 of the Government Code, a business required to
establish, implement, and electronically submit a business plan
pursuant to subdivision (a) shall not be deemed to be in violation
of this article until 30 days after the business becomes subject to
subdivision (a).

(c) This section shall not require the submission of information
concerning the hazardous materials described in subdivision (b)
of Section 25507.

SEC. 12.  

Section 25508.1 of the Health and Safety Code is
amended to read:

25508.1.  

Within 30 days of any one of the following events,
a business subject to this article shall electronically update the
information submitted to the statewide information management
system:

(a) A 100 percent or more increase in the quantity of a
previously disclosed material.

(b) Any handling of a previously undisclosed hazardous material
subject to the inventory requirements of this article.

(c) Change of business address.

(d) Change of business ownership.

(e) Change of business name.

(f) (1) A substantial change in the handler’s operations occurs
that requires modification to any portion of the business plan.

(2) For the purpose of this subdivision, “substantial change”
means any change in a regulated facility that would inhibit
immediate response during an emergency by either site personnel
or emergency response personnel, or that could inhibit the handler’s
ability to comply with Section 25507, change the operational
knowledge of the facility, or impede implementation of the business
plan.

SEC. 13.  

Section 25508.2 of the Health and Safety Code is
repealed.

SEC. 14.  

Section 25508.2 is added to the Health and Safety
Code, to read:

25508.2.  

On or before the annual due date established pursuant
to subparagraph (B) of paragraph (1) of subdivision (a) of Section
25508, the business owner, business operator, or officially
designated representative of the business shall review and certify
that the information in the statewide information management
system is complete, accurate, and in compliance with Section
11022 of Title 42 of the United States Code. An annual electronic
submittal to the statewide information management system satisfies
the certification requirement of this section.

SEC. 15.  

Section 25509 of the Health and Safety Code is
amended to read:

25509.  

(a) The unified program agency shall maintain its
administrative procedures with regard to maintaining records and
responding to requests for information in accordance with
Subdivision 4 (commencing with Section 15100) of Division 1 of,
and Division 3 of, Title 27 of the California Code of Regulations,
as those regulations read on January 1, 2014.

(b) The unified program agency shall make the information in
the statewide information management system submitted pursuant
to this article available for public inspection during the regular
working hours of the unified program agency, except the
information specifying the precise location where hazardous
materials are stored and handled onsite, including any maps
required by paragraph (2) of subdivision (a) of Section 25505.

(c) The unified program agency shall make the information in
the statewide information management system submitted pursuant
to this article available to a requesting government agency that is
authorized by law to access the information.

(d) A person who submits inventory information required under
Section 25506 with the unified program agency shall be deemed
to have filed the inventory form required by Section 11022(a) of
Title 42 of the United States Code with the state emergency
response commission and local emergency planning committees
established pursuant to Section 11001 of Title 42 of the United
States Code.

SEC. 16.  

Section 25510 of the Health and Safety Code is
amended to read:

25510.  

(a) Except as provided in subdivision (b), the handler
or an employee, authorized representative, agent, or designee of
a handler, shall, upon discovery, immediately report any release
or threatened release of a hazardous material to the unified program
agency, and to the office, in accordance with the regulations
adopted pursuant to this section. The handler or an employee,
authorized representative, agent, or designee of the handler shall
provide all state, city, or county fire or public health or safety
personnel and emergency response personnel with access to the
handler’s facilities.

(b) Subdivision (a) does not apply to a person engaged in the
transportation of a hazardous material on a highway that is subject
to, and in compliance with, the requirements of Sections 2453 and
23112.5 of the Vehicle Code.

(c) On or before January 1, 2016, the office shall adopt
regulations to implement this section. In developing these
regulations, the office shall closely consult with representatives
from regulated entities, appropriate trade associations, fire service
organizations, federal, state, and local organizations, including
unified program agencies, and other interested parties.

(d) The unified program agency shall maintain one or more
nonemergency contact numbers for release reports that do not
require immediate agency response. The unified program agency
shall promptly communicate changes to this information to
regulated facilities and to the office.

SEC. 17.  

Section 25510.3 of the Health and Safety Code is
amended to read:

25510.3.  

The emergency response personnel, responding to
the reported release or threatened release of a hazardous material,
or of a regulated substance, as defined in Section 25532, or to any
fire or explosion involving a material or substance that involves a
release that would be required to be reported pursuant to Section
25510, shall immediately advise the superintendent of the school
district having jurisdiction, if the location of the release or
threatened release is within one-half mile of a school.

SEC. 18.  

Section 25511 of the Health and Safety Code is
amended to read:

25511.  

(a) In order to carry out the purposes of this article and
Article 2 (commencing with Section 25531), an employee or
authorized representative of a unified program agency has the
authority specified in Section 25185, with respect to the premises
of a handler, and in Section 25185.5, with respect to real property
that is within 2,000 feet of the premises of a handler, except that
this authority shall include conducting inspections concerning
hazardous material, in addition to hazardous waste.

(b) In addition to the requirements of Section 25537, the unified
program agency shall conduct inspections of every business subject
to this article at least once every three years to determine if the
business is in compliance with this article. The unified program
agency shall give priority, when conducting these inspections, to
inspecting facilities that are required to prepare a risk management
plan pursuant to Article 2 (commencing with Section 25531). In
establishing a schedule for conducting inspections pursuant to this
section, the unified program agency may adopt and use an index
of the volatility, toxicity, and quantity of regulated substances and
hazardous materials. A unified program agency shall attempt to
schedule the inspections conducted pursuant to this section and
Section 25537, when applicable, during the same time period.

(c) Pursuant to a written agreement, the unified program agency
may designate the county agricultural commissioner to conduct
the inspection of agricultural handlers for purposes of Section
25507.1. The agreement shall address the inspection, reporting,
training, enforcement, and cost recovery requirements to conduct
the inspection of agricultural handlers. If designated, the
agricultural commissioner shall schedule and conduct inspections
in accordance with this section.

SEC. 19.  

Section 25515.5 of the Health and Safety Code is
amended to read:

25515.5.  

(a) All criminal penalties collected pursuant to this
article shall be apportioned in the following manner:

(1) Fifty percent shall be paid to the office of the city attorney,
district attorney, or Attorney General, whichever office brought
the action.

(2) Fifty percent shall be paid to the agency which is responsible
for the investigation of the action.

(b) All civil penalties collected pursuant to this chapter shall be
apportioned in the following manner:

(1) Fifty percent shall be paid to the office of the city attorney,
district attorney, or Attorney General, whichever office brought
the action.

(2) Fifty percent shall be paid to the agency responsible for the
investigation of the action.

(c) If a reward is paid to a person pursuant to Section 25516,
the amount of the reward shall be deducted from the amount of
the criminal or civil penalty before the amount is apportioned
pursuant to subdivisions (a) and (b).

SEC. 20.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act and because costs that may
be incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction,
within the meaning of Section 17556 of the Government Code, or
changes the definition of a crime within the meaning of Section 6
of Article XIII B of the California Constitution.

SEC. 21.  

Section 8.5 of this bill incorporates amendments to
Section 25507 of the Health and Safety Code proposed by both
this bill and Assembly Bill 2748. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1,2015, (2) each bill amends Section 25507 of the Health
and Safety Code, and (3) this bill is enacted after Assembly Bill
2748, in which case Section 8 of this bill shall not become
operative.