BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1458|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
CONSENT
Bill No: SB 1458
Author: Senate Environmental Quality Committee
Amended: 3/27/14
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 4/2/14
AYES: Hill, Gaines, Hancock, Jackson, Leno, Pavley
NO VOTE RECORDED: Fuller, Vacancy, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Hazardous substances
SOURCE : Author
DIGEST : This bill updates references to deleted code sections
regarding areas of sensitive land use, and reinstates language
inadvertently removed in 2012 prohibiting the holding or
transfer of hazardous waste within 500 feet of a home, school,
hospital, or day care center.
ANALYSIS :
Existing law:
1.Identifies transporter transfer activities that can occur
without a hazardous waste facility permit and authorizes the
Department of Toxic Substances Control to exempt by
regulations hazardous waste management activities from
hazardous waste management requirements.
CONTINUED
SB 1458
Page
2
2.Defines requirements for hazardous waste exemptions.
3.Creates the Underground Storage Tank Cleanup Fund (USTCF) and
defines sources of money for the USTCF.
4.Specifies the use of money in the USTCF.
5.Defines the circumstances under which a claim may be filed
under the USTCF Act.
6.Requires samples taken to determine water quality to be
analyzed by an accredited or certified laboratory.
7.Defines the procedure for administrative review and appeal of
decisions by the State Water Resources Control Board (SWRCB).
This bill:
1.Updates references to deleted code sections regarding areas of
sensitive land use, and reinstates language inadvertently
removed in 2012 prohibiting the holding or transfer of
hazardous waste within 500 feet of a home, school, hospital,
or day care center.
2.Deletes the hazardous waste exemption statute that sunsetted
on January 1, 2008, and grandfathers in any regulations
adopted prior to 2008.
3.Deposits money received as compensation for investigation or
enforcement expenses and money recovered from an overpaid
expense into the USTCF.
4.Allows the USTCF to pay for loans and specified associated
costs for replacing, removing, or upgrading underground
storage tanks to conform to a sunset clause.
5.Clarifies the types of staff decisions for which a claimant
may seek administrative review under the USTCF Act.
6.Exempts field tests, including color, odor, and temperature,
from analysis in a laboratory.
7.Clarifies the review process by SWRCB to reflect amendments
CONTINUED
SB 1458
Page
3
made to the standard of review for stay orders.
8.Makes various technical modifications to clean up existing
code, including correcting drafting errors and department
reorganizations.
Comments
In 2012, the Budget Trailer Bill SB 1018 (Senate Budget and
Fiscal Review Committee, Chapter 39, Statutes of 2012) repealed
provisions related to border zone property designations that
were unused. However, remaining statutes contained cross
references to a section of the repealed code defining sensitive
land use, creating an ambiguity regarding the use of those
sections for sensitive land use. This bill corrects that
mistake.
The 1991 Governor's Reorganization Plan Number One established
the Office of Environmental Health Hazard Assessment (OEHHA) and
dictated that environmental risk assessment functions should be
transferred from the (then) Department of Health Services to
OEHHA under the California Environmental Protection Agency.
Although the reorganization went forward, the Legislature never
formally adopted the reorganization or codified the change in
agency responsibility. This bill codifies that transfer of
authority.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
RM:k 4/28/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****
CONTINUED