BILL ANALYSIS �
SB 1261
Page 1
SENATE THIRD READING
SB 1261 (Jackson)
As Amended August 20, 2014
Majority vote
SENATE VOTE : 29-5
ENVIRONMENTAL SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Alejo, Dahle, Bloom, |Ayes:|Gatto, Bigelow, |
| |Donnelly, Gomez, | |Bocanegra, Bradford, Ian |
| |Lowenthal, Ting | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Lowenthal |
| | | | |
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SUMMARY : 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, including the data to be
collected and submitted for hazardous materials. 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 from specified reporting
requirements an unstaffed business located at least one-half
mile from the nearest occupied structure, unless required by a
local ordinance. Requires the business to make a one-time
business plan submittal that will not be required to include
specified elements of the plan and repeals the authorization
for the CUPA to require an unstaffed remote facility to submit
a plan and inventory.
3)Requires the handler to submit the business plan annually, and
requires a business to at least annually review and verify
that the business plan information in the statewide
SB 1261
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information management system meets specified requirements.
4)Requires the CUPA 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.
6) Limits the definition of retail establishment to require
retail pesticide supply companies to be subject to business
plans and reporting.
7) 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.
8)Authorizes local CUPAs to adopt an ordinance to specify
additional hazardous materials subject to reporting not
previously identified as a hazardous material if the local
agency finds that the material would be injurious to the
health and safety of persons or harmful to the environment if
released.
9)Adds double-jointing language with AB 2748 (Environmental
Safety and Toxic Materials Committee) of the current
legislative session, related to architectural paint recovery
program.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs for this bill would be minor and absorbable
within the existing Cal/EPA budget.
COMMENTS :
Need for the bill: According to the author, "SB 1261 updates,
rearranges, and clarifies Health and Safety Code Chapter 6.95,
Article 1 Section 25500 et seq. The purpose of the bill is to
modernize the provisions of this statute, which addresses the
unified hazardous and hazardous materials management regulatory
program. These changes will ensure that the program functions
more efficiently and effectively."
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CUPA. The Secretary of Cal/EPA has established a "unified
hazardous waste and hazardous materials management" regulatory
program (Unified Program). Currently, there are 83 CUPAs in
California. The Unified Program consolidates, coordinates the
following six existing programs:
1)Hazardous Materials Release Response Plans and Inventories
(Business Plans);
2)California Accidental Release Prevention Program;
3)Underground Storage Tank Program;
4)Aboveground Petroleum Storage Act;
5)Hazardous Waste Generator and Onsite Hazardous Waste Treatment
Programs; and,
6)California Uniform Fire Code: Hazardous Material Management
Plans and Hazardous Material Inventory Statements.
Related legislation: AB 2748 (Environmental Safety and Toxic
Materials Committee). Provides that a business that handles
paint that will be recycled or otherwise managed under an
architectural paint recovery program approved by the Department
of Resources Recycling and Recovery is only required to
establish and implement a hazardous materials business plan if
it handles postconsumer (leftover) paint above specified
quantities.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0005080