BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1458
Author: Senate Environmental Quality Committee
Amended: 6/11/14
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
SENATE FLOOR : 35-0, 5/1/14
AYES: Anderson, Berryhill, Block, Cannella, Corbett, Correa, De
Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock,
Hernandez, Hill, Hueso, Huff, Knight, Lara, Leno, Lieu, Liu,
Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth,
Steinberg, Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Beall, Calderon, Jackson, Wright, Yee
ASSEMBLY FLOOR : 78-0, 8/14/14 (Consent) - See last page for
vote
SUBJECT : Hazardous substances
SOURCE : Author
DIGEST : This bill makes technical and non-substantive
corrections to the Department of Toxic Substance Control (DTSC)
and State Water Resources Control Board (State Water Board)
program authority for hazardous waste regulation and underground
CONTINUED
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storage tank programs.
Assembly Amendments delete provision relates to the standard of
review for stay orders and make technical changes.
ANALYSIS :
Existing law:
1.Establishes standards for management and control of hazardous
waste, and authorizes the DTSC to exempt some low risk
hazardous waste management activity from certain permit
conditions.
2.Authorizes a person to apply to the DTSC for a written
variance from a land use restriction imposed on hazardous
waste property if certain requirements are met, including
providing a statement containing information supporting the
grant of a variance.
3.Provides for the regulation of underground storage tanks by
the State Water Board, including a loan and grant program to
assist small businesses in upgrading, replacing, or removing
tanks meeting applicable local, state, or federal standards.
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 Underground Storage Tank Cleanup Fund
(USTCF).
4.Allows the USTCF to pay for loans and specified associated
costs for replacing, removing, or upgrading underground
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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.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
ASSEMBLY FLOOR : 78-0, 8/14/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
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Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Roger Hern�ndez, Vacancy
RM:k 8/14/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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