BILL ANALYSIS �
SB 1261
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Date of Hearing: July 2, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1261 (Jackson) - As Amended: June 12, 2014
Policy Committee: Environmental
Safety and Toxic Materials Vote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill revises and recasts the area and business plan
requirements for certified unified program agencies (CUPAs).
Specifically, this bill:
1)Requires the California Environmental Protection Agency
(Cal/EPA), in coordination with Office of Emergency Services
(OES), to specify the hazardous materials inventory required
to be submitted by handlers. Revises the information required
to be included in the business plan, and makes other updates
to the unified hazardous waste and hazardous materials
management regulatory program.
2)Requires the CUPAs to exempt unstaffed facilities located at
least one-half mile from the nearest occupied structure from
specified reporting requirements, unless required by a local
ordinance.
3)Requires handlers to submit business plans annually, and
requires businesses to at least annually review and verify the
business plan information in the statewide information
management system meets specified requirements.
4)Requires CUPAs to make the information in the statewide
information management system available to the public.
5) Provides a definition of "consumer product" to specify
that consumer products are not subject to business plan
requirements. Limits the definition of retail
establishment to require retail pesticide supply companies
to be subject to business plans and reporting.
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6) Provides that only non-flammable gases defined in
California Fire Code for use in refrigeration systems and
refrigerant gases, other than ammonia, in a closed system
used in comfort or space cooling for computer rooms are
exempt from business plans.
FISCAL EFFECT
Minor and absorbable costs to CalEPA.
COMMENTS
1)Purpose. According to the author, the purpose of this bill is
to modernize the unified hazardous waste and hazardous
materials regulatory program to ensure the program functions
more efficiently and effectively.
2)Backround. Existing law requires CalEPA to implement a
unified hazardous waste and hazardous materials program,
including a statewide information management system. A city or
local agency that meets specified requirements is authorized
to apply to the Secretary of CalEPA to be certified as a CUPA
and implement a unified program. Currently, there are 83
CUPAs in California. The Unified Program consolidates,
coordinates the following six existing programs:
a) Hazardous Materials Release Response Plans and
Inventories (Business Plans).
b) California Accidental Release Prevention (CalARP)
Program.
c) Underground Storage Tank Program.
d) Aboveground Petroleum Storage Act.
e) Hazardous Waste Generator and Onsite Hazardous Waste
Treatment Programs.
f) California Uniform Fire Code: Hazardous Material
Management Plans and Hazardous Material Inventory
Statements.
All regulated businesses and local governments are required to
submit their regulatory reports by 2013. Regulated businesses
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may report using the CalEPA's California Environmental
Reporting System (CERS) or directly to their local regulatory
agency.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081