BILL NUMBER: AB 826 CHAPTERED
BILL TEXT
CHAPTER 608
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2003
APPROVED BY GOVERNOR SEPTEMBER 29, 2003
PASSED THE ASSEMBLY SEPTEMBER 11, 2003
PASSED THE SENATE SEPTEMBER 9, 2003
AMENDED IN SENATE SEPTEMBER 8, 2003
AMENDED IN SENATE SEPTEMBER 2, 2003
AMENDED IN SENATE JULY 3, 2003
AMENDED IN ASSEMBLY MAY 7, 2003
AMENDED IN ASSEMBLY APRIL 10, 2003
INTRODUCED BY Assembly Member Jackson
(Coauthors: Assembly Members Laird and Lieber)
FEBRUARY 20, 2003
An act to amend Section 25404 of, to add Section 25504.1 to, and
to add Article 10.01 (commencing with Section 25210.5) and Article
12.5 (commencing with Section 25249.1) to Chapter 6.5 of Division 20
of, the Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 826, Jackson. The Perchlorate Contamination Prevention Act:
perchlorate materials: statewide database.
(1) Existing law, administered by the Department of Toxic
Substances Control, prohibits the management of hazardous waste,
except in accordance with the hazardous waste laws or in the
regulations adopted by the department. A violation of the hazardous
waste control law is a crime.
This bill would enact the Perchlorate Contamination Prevention Act
and would require the department to adopt regulations, by December
31, 2005, specifying best management practices for managing
perchlorate materials. The bill would prohibit a person from
managing perchlorate materials after the effective date of those
regulations, except in compliance with the best management practices
specified in those regulations.
The bill would require the owner or operator of a perchlorate
facility, as defined, located within a 5-mile radius of a public
drinking water well that has been found by a state or local agency to
be contaminated with perchlorate to submit to the Environmental
Protection Agency, on or before July 1, 2004, a summary of any
subsurface and any groundwater monitoring, investigation, or
remediation work that has been performed at the facility.
Because a violation of the bill's requirements would be a crime,
the bill would impose a state-mandated local program.
(2) Existing law requires the Secretary for Environmental
Protection to adopt regulations and implement a unified hazardous
waste and hazardous materials management regulatory program.
Existing law authorizes a city or local agency that meets specified
requirements to apply to the secretary to implement the unified
program, and requires every county to apply to the secretary to be
certified to implement the unified program. The secretary is
required to establish standards specifying the data to be collected
and submitted by unified program agencies in administering the
unified program.
This bill would additionally include, in the unified program, a
person managing perchlorate materials, thereby creating a
state-mandated local program by imposing new duties upon local
agencies.
The bill would require the secretary to establish a statewide
database and to work with the certified unified program agencies to
develop a phased-in schedule for the electronic collection and
submittal of information to be included in the statewide data base.
(3) Existing law generally requires a business that handles
specified amounts of a hazardous material to establish and implement
a business plan for emergency response to a release or threatened
release of the hazardous material, as specified. Existing law
specifies the contents of the business plan, including an inventory,
and requires it to be submitted to the administering agency, as
defined. Under existing law, violations related to business plans
are a crime.
This bill would require a business that handles any amount of
perchlorate materials to prepare and submit a business plan and an
inventory. By changing the definition of a crime, this bill would
impose a state-mandated local program.
(4) The bill would incorporate changes to Section 25404 of the
Health and Safety Code proposed by both this bill and AB 1640, which
would become operative only if both bills are enacted and become
effective on or before January 1, 2004, and this bill is enacted
after AB 1640.
(5) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Perchlorate Contamination Prevention Act.
SEC. 2. (a) The Legislature finds and declares all of the
following:
(1) The State Department of Health Services, in the year 2000,
reported detections of perchlorate in 44 public drinking water
systems, with 23 systems indicating levels greater than 18 part per
billion.
(2) This perchlorate contamination has been found statewide,
including areas in Los Angeles, Pasadena, Riverside, Sacramento, San
Bernardino, and Santa Clarita.
(3) Perchlorate can persist for many years in ground and surface
water, and it is difficult to remove perchlorate with standard water
treatment processes.
(4) Perchlorate has been found in scientific studies to disrupt
thyroid hormone production, which hinders the body's ability to
regulate its metabolism and physical growth.
(5) Pregnant women and their developing fetuses may suffer the
most serious health effects from perchlorate contamination in
drinking water, including improper thyroid functioning and inhibition
of iodine intake.
(6) The Office of Environmental Health Hazard Assessment is
proposing a public health goal within the range of 2 to 6 parts per
billion of perchlorate in water.
(7) An awareness of the problem caused by perchlorate materials
and wastes has increased and information has become available from
investigation of groundwater contamination at various sites.
(8) Perchlorate materials and wastes are associated with, among
other things, solid rocket propellants, explosives, fireworks,
flares, airbags, and some fertilizers.
(9) The discharge of perchlorate waste into the environment
through air, surface and subsurface soils, surface water and
groundwater media is a threat to water supply and to wildlife
habitat, such as wetlands.
(10) In light of the serious risks to public health and the
environment posed by perchlorate releases resulting from the
mismanagement of perchlorate and perchlorate-containing materials,
the Department of Toxic Substances Control has indicated that it will
reprioritize its existing regulatory resources to enable the
expeditious assessment of existing standards, and the adoption of any
additional standards determined to be necessary, for the management
of waste perchlorate and perchlorate-containing wastes. The
Department of Toxic Substances Control has also indicated that,
should legislation be enacted requiring that nonwaste perchlorate and
perchlorate-containing materials also be addressed as part of this
assessment and regulations adoption process, this can be accomplished
without additional resources.
(b) It is the intent of the Legislature to enact legislation to
establish a continuing program for the purpose of preventing
contamination from management of perchlorate material and from
generation, storage, treatment, and disposal of perchlorate or
perchlorate-containing waste relative to emissions into the air and
subsequent deposition and runoff into surface water or groundwater,
and direct or indirect discharge to surface soils, subsurface soils,
surface water, or groundwater of the State of California.
SEC. 3. Article 10.01 (commencing with Section 25210.5) is added
to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article 10.01. Management of Perchlorate
25210.5. For purposes of this article, the following definitions
shall apply:
(a) Notwithstanding Section 25117.2, "management" means disposal,
storage, packaging, processing, pumping, recovery, recycling,
transportation, transfer, treatment, use, and reuse.
(b) "Perchlorate" means all perchlorate-containing compounds.
(c) "Perchlorate material" means perchlorate and all
perchlorate-containing substances, including, but not limited to,
waste perchlorate and perchlorate-containing waste.
25210.6. (a) On or before December 31, 2005, the department shall
adopt regulations specifying best management practices for a person
managing perchlorate materials. These practices may include, but are
not limited to, all of the following:
(1) Procedures for documenting the amount of perchlorate materials
managed by the facility.
(2) Management practices necessary to prevent releases of
perchlorate materials, including, but not limited to, containment
standards, usage, processing and transferring practices, and spill
response procedures.
(b) (1) The department shall consult with the State Air Resources
Board, the Office of Environmental Health Hazard Assessment, the
State Water Resources Control Board, the Office of Emergency
Services, the State Fire Marshal, and the California certified
unified program agencies forum before adopting regulations pursuant
to subdivision (a).
(2) The department shall also, before adopting regulations
pursuant to subdivision (a), review existing federal, state, and
local laws governing the management of perchlorate materials to
determine the degree to which uniform and adequate requirements
already exist, so as to avoid any unnecessary duplication of, or
interference with the application of, those existing requirements.
(3) In adopting regulations pursuant to subdivision (a), the
department shall ensure that those regulations are at least as
stringent as, and to the extent practical consistent with, the
existing requirements of Chapter 6.95 (commencing with Section 25500)
and the Uniform Fire Code governing the management of perchlorate
materials.
(c) The regulations adopted by the department pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11349.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department.
(d) The department may implement an outreach effort to educate
persons who manage perchlorate materials concerning the regulations
promulgated pursuant to subdivision (a).
25210.7. On and after the effective date of the regulations
adopted by the department pursuant to Section 25210.6, a person may
not manage perchlorate materials unless the management complies with
the best management practices specified in the regulations adopted by
the department.
SEC. 4. Article 12.5 (commencing with Section 25249.1) is added to
Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article 12.5. The Perchlorate Contamination Prevention Program
25249.1. For the purposes of this article, the following
definitions shall apply:
(a) "Management" means disposal, storage, packaging, processing,
pumping, recovery, recycling, transportation, transfer, treatment,
use, and reuse.
(b) "Perchlorate" means all perchlorate-containing compounds.
(c) "Perchlorate facility" means all contiguous land, and the
structures, appurtenances and improvements on the land, that has been
used for the management of perchlorate material. A perchlorate
facility may consist of one or more units, or combination of units,
that is or has been used for the management of perchlorate material.
(d) "Perchlorate material" means perchlorate and all
perchlorate-containing substances, including, but not limited to,
waste perchlorate and perchlorate-containing waste.
(e) "Public drinking water well" has the same meaning as defined
in paragraph (1) of subdivision (a) of Section 25299.97.
25249.2. On or before July 1, 2004, the owner or operator of a
perchlorate facility, located within a 5-mile radius of a public
drinking water well that has been found by any state or local agency
to be contaminated with perchlorate, shall submit to the
Environmental Protection Agency a summary of any subsurface and any
groundwater monitoring, investigation, or remediation work that has
been performed at the facility. The owner or operator shall submit
the information electronically, if it is available in electronic
format.
SEC. 5. Section 25404 of the Health and Safety Code, as amended by
Section 53 of Chapter 999 of the Statutes of 2002, is amended to
read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local 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 subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "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 subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Minor violation" means the failure of a person to comply with
any requirement or condition of any applicable law, regulation,
permit, information request, order, variance, or other requirement,
whether procedural or substantive, of the unified program that the
UPA is authorized to implement or enforce pursuant to this chapter,
and that does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
(B) A knowing willful or intentional violation.
(C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(D) A violation that results in an emergency response from a
public safety agency.
(E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
(F) A class I violation as provided in Section 25117.6.
(G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
(H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
(4) "Secretary" means the Secretary for Environmental Protection.
(5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a
unified program facility permit encompasses the permitting
requirements of Section 25284, and any permit or authorization
requirements under any local ordinance or regulation relating to the
generation or handling of hazardous waste or hazardous materials, but
does not encompass the permitting requirements of a local ordinance
that incorporates provisions of the Uniform Fire Code or the Uniform
Building Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in
close consultation with the director, the Director of the Office of
Emergency Services, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements, and shall, to the maximum extent feasible
within statutory constraints, ensure the coordination and
consistency of any regulations adopted pursuant to those
requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, applicable to
hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department, and persons managing
perchlorate materials.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
(2) The requirement of subdivision (c) of Section 25270.5 for
owners and operators of aboveground storage tanks to prepare a spill
prevention control and countermeasure plan.
(3) The requirements of Chapter 6.7 (commencing with Section
25280) concerning underground storage tanks, except for the
responsibilities assigned to the State Water Resources Control Board
pursuant to Section 25297.1, and the requirements of any underground
storage tank ordinance adopted by a city or county.
(4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of subdivisions (b) and (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to Section 13143.9 of the Health and Safety Code, concerning
hazardous material management plans and inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
(2) The secretary shall establish an electronic geographic
information management system capable of receiving all data collected
by the unified program agencies pursuant to this subdivision and
Section 25504.1. The secretary shall make all nonconfidential data
available on the Internet.
(3) (A) As funding becomes available, the secretary shall
establish, consistent with paragraph (2), and thereafter maintain, a
statewide database.
(B) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) Once the statewide database is established, the secretary
shall work with the CUPAs to develop a phased-in schedule for the
electronic collection and submittal of information to be included in
the statewide database, giving first priority to information relating
to those chemicals determined by the secretary to be of greatest
concern. The secretary, in making this determination shall consult
with the CUPAs, the Office of Emergency Services, the State Fire
Marshal, and the boards, departments, and offices within the
California Environmental Protection Agency. The information
initially included in the statewide database shall include, but is
not limited to, the hazardous materials inventory information
required to be submitted pursuant to Section 25504.1 for perchlorate
materials.
(f) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
SEC. 5.5. Section 25404 of the Health and Safety Code, as amended
by Section 53 of Chapter 999 of the Statutes of 2002, is amended to
read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local 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 subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "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 subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Minor violation" means the failure of a person to comply with
any requirement or condition of any applicable law, regulation,
permit, information request, order, variance, or other requirement,
whether procedural or substantive, of the unified program that the
UPA is authorized to implement or enforce pursuant to this chapter,
and that does not otherwise include any of the following:
(A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
(B) A knowing willful or intentional violation.
(C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(D) A violation that results in an emergency response from a
public safety agency.
(E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
(F) A class I violation as provided in Section 25117.6.
(G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
(H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
(4) "Secretary" means the Secretary for Environmental Protection.
(5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a
unified program facility permit encompasses the permitting
requirements of Section 25284, and any permit or authorization
requirements under any local ordinance or regulation relating to the
generation or handling of hazardous waste or hazardous materials, but
does not encompass the permitting requirements of a local ordinance
that incorporates provisions of the Uniform Fire Code or the Uniform
Building Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in
close consultation with the director, the Director of the Office of
Emergency Services, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements, and shall, to the maximum extent feasible
within statutory constraints, ensure the coordination and
consistency of any regulations adopted pursuant to those
requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, applicable to
hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department, and persons managing
perchlorate materials.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding
transportable treatment units shall also be provided to the CUPAs.
(2) The requirement of subdivision (c) of Section 25270.5 for
owners and operators of aboveground storage tanks to prepare a spill
prevention control and countermeasure plan.
(3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
(B) The unified program may not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
(C) The unified program may not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
(4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of subdivisions (b) and (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to Section 13143.9 of the Health and Safety Code, concerning
hazardous material management plans and inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
(2) The secretary shall establish an electronic geographic
information management system capable of receiving all data collected
by the unified program agencies pursuant to this subdivision and
Section 25504.1. The secretary shall make all nonconfidential data
available on the Internet.
(3) (A) As funding becomes available, the secretary shall
establish, consistent with paragraph (2), and thereafter maintain, a
statewide database.
(B) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) Once the statewide database is established, the secretary
shall work with the CUPAs to develop a phased-in schedule for the
electronic collection and submittal of information to be included in
the statewide database, giving first priority to information relating
to those chemicals determined by the secretary to be of greatest
concern. The secretary, in making this determination shall consult
with the CUPAs, the Office of Emergency Services, the State Fire
Marshal, and the boards, departments, and offices within the
California Environmental Protection Agency. The information
initially included in the statewide database shall include, but is
not limited to, the hazardous materials inventory information
required to be submitted pursuant to Section 25504.1 for perchlorate
materials.
(f) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
SEC. 6. Section 25404 of the Health and Safety Code, as added by
Section 54 of Chapter 999 of the Statutes of 2002, is amended to
read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local 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 subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "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 subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Secretary" means the Secretary for Environmental Protection.
(4) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(5) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a
unified program facility permit encompasses the permitting
requirements of Section 25284, and any permit or authorization
requirements under any local ordinance or regulation relating to the
generation or handling of hazardous waste or hazardous materials, but
does not encompass the permitting requirements of a local ordinance
that incorporates provisions of the Uniform Fire Code or the Uniform
Building Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in
close consultation with the director, the Director of the Office of
Emergency Services, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements, and shall, to the maximum extent feasible
within statutory constraints, ensure the coordination and
consistency of any regulations adopted pursuant to those
requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, applicable to
hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department, and persons managing
perchlorate materials.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
(2) The requirement of subdivision (c) of Section 25270.5 for
owners and operators of aboveground storage tanks to prepare a spill
prevention control and countermeasure plan.
(3) The requirements of Chapter 6.7 (commencing with Section
25280) concerning underground storage tanks, except for the
responsibilities assigned to the State Water Resources Control Board
pursuant to Section 25297.1, and the requirements of any underground
storage tank ordinance adopted by a city or county.
(4) The requirements of Article 1 (commencing with Section 25501)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of subdivisions (b) and (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to Section 13143.9 of the Health and Safety Code, concerning
hazardous material management plans and inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
(2) The secretary shall establish an electronic geographic
information management system capable of receiving all data collected
by the unified program agencies pursuant to this subdivision and
Section 25504.1. The secretary shall make all nonconfidential data
available on the Internet.
(3) (A) As funding becomes available, the secretary shall
establish, consistent with paragraph (2), and thereafter maintain, a
statewide database.
(B) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) Once the statewide database is established, the secretary
shall work with the CUPAs to develop a phased-in schedule for the
electronic collection and submittal of information to be included in
the statewide database, giving first priority to information relating
to those chemicals determined by the secretary to be of greatest
concern. The secretary in making this determination shall consult
with the CUPAs, the Office of Emergency Services, the State Fire
Marshal, and the boards, departments, and offices within the
California Environmental Protection Agency. The information
initially included in the statewide database shall include, but is
not limited to, the hazardous materials inventory information
required to be submitted pursuant to Section 25504.1 for perchlorate
materials.
(f) This section shall become operative January 1, 2006.
SEC. 6.5. Section 25404 of the Health and Safety Code, as added by
Section 54 of Chapter 999 of the Statutes of 2002, is amended to
read:
25404. (a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
(B) "Participating Agency" or "PA" means a state or local 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 subdivision (c), in accordance with Sections 25404.1 and
25404.2.
(C) "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 subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Secretary" means the Secretary for Environmental Protection.
(4) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
(5) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a
unified program facility permit encompasses the permitting
requirements of Section 25284, and any permit or authorization
requirements under any local ordinance or regulation relating to the
generation or handling of hazardous waste or hazardous materials, but
does not encompass the permitting requirements of a local ordinance
that incorporates provisions of the Uniform Fire Code or the Uniform
Building Code.
(b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in
close consultation with the director, the Director of the Office of
Emergency Services, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
(c) The unified program shall consolidate the administration of
the following requirements, and shall, to the maximum extent feasible
within statutory constraints, ensure the coordination and
consistency of any regulations adopted pursuant to those
requirements:
(1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, applicable to
hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department, and persons managing
perchlorate materials.
(B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
(i) A corrective action order issued by the department pursuant to
Section 25187.
(ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
(iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
(v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
(vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
(C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
(2) The requirement of subdivision (c) of Section 25270.5 for
owners and operators of aboveground storage tanks to prepare a spill
prevention control and countermeasure plan.
(3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
(B) The unified program may not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
(C) The unified program may not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
(4) The requirements of Article 1 (commencing with Section 25501)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
(5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
(6) The requirements of subdivisions (b) and (c) of Section 80.103
of the Uniform Fire Code, as adopted by the State Fire Marshal
pursuant to Section 13143.9 of the Health and Safety Code, concerning
hazardous material management plans and inventories.
(d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
(e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
(2) The secretary shall establish an electronic geographic
information management system capable of receiving all data collected
by the unified program agencies pursuant to this subdivision and
Section 25504.1. The secretary shall make all nonconfidential data
available on the Internet.
(3) (A) As funding becomes available, the secretary shall
establish, consistent with paragraph (2), and thereafter maintain, a
statewide database.
(B) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
(4) Once the statewide database is established, the secretary
shall work with the CUPAs to develop a phased-in schedule for the
electronic collection and submittal of information to be included in
the statewide database, giving first priority to information relating
to those chemicals determined by the secretary to be of greatest
concern. The secretary in making this determination shall consult
with the CUPAs, the Office of Emergency Services, the State Fire
Marshal, and the boards, departments, and offices within the
California Environmental Protection Agency. The information
initially included in the statewide database shall include, but is
not limited to, the hazardous materials inventory information
required to be submitted pursuant to Section 25504.1 for perchlorate
materials.
(f) This section shall become operative January 1, 2006.
SEC. 7. Section 25504.1 is added to the Health and Safety Code, to
read:
25504.1. Notwithstanding any other law, including, but not
limited to, the quantity limitations and exemptions specified in
Section 25503.5, a business that handles any amount of perchlorate
material, as defined in subdivision (c) of Section 25210.5, shall
prepare and submit to the administering agency a business plan
pursuant to Section 25503.5 and an inventory form pursuant to Section
25509, both of which shall address all perchlorate materials handled
by that business.
SEC. 8. Sections 5.5 and 6.5 of this bill incorporate amendments
to Section 25404 of the Health and Safety Code proposed by both this
bill and AB 1640. Sections 5.5 and 6.5 shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2004, (2) each bill amends Section 25404 of the Health and
Safety Code, and (3) this bill is enacted after AB 1640, in which
case Sections 5 and 6 of this bill shall not become operative.
SEC. 9. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only 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
or 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, within the meaning
of Section 17556 of the Government Code.