BILL NUMBER: AB 833 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2007
INTRODUCED BY Assembly Member Ruskin
FEBRUARY 22, 2007
An act to add Article 4 (commencing with Section 25546) to Chapter
6.95 of Division 20 of the Health and Safety Code, relating to toxic
chemicals.
LEGISLATIVE COUNSEL'S DIGEST
AB 833, as amended, Ruskin. California Toxic Release Inventory
Program.
Existing law authorizes the California Environmental Protection
Agency (Cal-EPA) to request any business to submit the information
required to be submitted in the toxic chemical release form pursuant
to the federal Emergency Planning and Community Right-to-Know Act of
1986 (EPCRA). Existing law prohibits the Cal-EPA from requiring the
form from certain businesses or in an amount lower than the
applicable threshold amount specified in EPCRA.
This bill would enact the California Toxic Release Inventory
Program Act of 2007 to require Cal-EPA to establish the California
Toxic Release Inventory Program if the Secretary of Cal-EPA
determines there has been a specified change made to EPCRA, or the
regulations adopted pursuant to EPCRA, so as to make the act or
regulations less stringent or to reduce or lessen any reporting
requirement imposed pursuant to the federal regulations, that reduces
the timely access by the public to accurate information about
chemical releases. The bill would prohibit the secretary from making
the determination if there are legal challenges to the changes to
EPCRA or the federal regulations that result in a stay or injunction
of the changes. The bill would require the secretary to make the
determination within 90 calendar days from the date of adoption of
the changes to EPCRA or the federal regulations, or from the date on
which the stay or injunction on the changes is dissolved, whichever
is later. The bill would require that program to impose the same
requirements as EPCRA within this state, including, but not limited
to, any regulations adopted pursuant to EPCRA, as in effect on
January 1, 2007 2006 .
The bill would require the agency, no later than one calendar year
after the date when the secretary makes that determination, to adopt
regulations to implement the program that are identical in
application to the federal regulations in effect on January 1,
2007 2006 . The bill would require the
adopted regulations to apply retroactively to the effective date of
the changes made to EPCRA or the federal regulations to ensure no gap
in data collection. The bill would require the agency to determine
whether existing California specific reporting requirements can
substitute, in whole or in part, for the information that would be
required under the adopted regulations. The bill would require the
adopted regulations to use the same reporting forms used for the
EPCRA prior to the changes in the federal reporting requirements
unless the agency determines that an alternative form is necessary to
substitute chemical release data reported under existing California
specific programs.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4 (commencing with Section 25546) is added to
Chapter 6.95 of Division 20 of the Health and Safety Code, to read:
Article 4. California Toxic Release Inventory Program Act of
2007
25546. The Legislature finds and declares all of the following:
(a) The people of California have the right to know the hazards
posed by toxic releases near their homes, schools, and workplaces.
They have the right to know how much pollution is being released into
the water, air, and soil.
(b) Since its inception in 1986, as part of the federal Emergency
Planning and Community Right-to-Know Act of 1986, (EPCRA; Chapter 116
(commencing with Section 11001) of Title 42 of the United States
Code), the Toxic Release Inventory (TRI) has supplied this essential
information on toxic chemical releases to the public. The goal of the
TRI is to empower citizens, through information, to hold companies
and local governments accountable for how toxic chemicals are
managed.
(c) It is the intent of the Legislature that California citizens
do not lose access to the information necessary to understand the
potential threats to public health and safety and the environment
that is available through the Toxic Release Inventory as it existed
on January 1, 2007 2006 , including the
ease of accessibility.
25546.1. This article shall be known, and may be cited, as the
"California Toxic Release Inventory Program Act of 2007."
25546.2. For purposes of this article, the following definitions
shall apply:
(a) "Agency" means the California Environmental Protection Agency.
(b) "Federal act" means the federal Emergency Planning and
Community Right to Know Act of 1986 (EPCRA; Chapter 116 (commencing
with Section 11001) of Title 42 of the United States Code).
(c) "Federal regulations" means the regulations found in Part 372
(commencing with Section 372.1) of Subchapter J of Chapter 1 of Title
40 of the Code of Federal Regulations, as those regulations read on
January 1, 2007 2006 .
(d) "Program" means the California Toxic Release Inventory Program
established pursuant to this article.
(e) "Secretary" means the Secretary for Environmental Protection.
25546.3. (a) The agency shall establish the California Toxic
Release Inventory Program if the secretary makes, after a public
hearing and receipt and review of public comment, either of the
following determinations:
(1) There has been a change made to the federal act to repeal the
federal act or otherwise lessen or make less stringent any
requirement imposed pursuant to the federal act in effect on January
1, 2007, that reduces the timely access by the public to accurate
information about chemical releases.
(2) A federal regulation adopted pursuant to the federal act is
repealed, amended, or otherwise revised so as to make the regulation
less stringent or to reduce or lessen any reporting requirement
imposed pursuant to the federal regulations in effect on January 1,
2007 2006 , that reduces timely access
by the public to accurate information about chemical releases.
(b) The secretary shall not make a determination pursuant to
subdivision (a) if there are legal challenges to the changes made to
the federal act or federal regulations that result in the changes
being stayed or enjoined by a court.
(c) The secretary shall make a determination pursuant to
subdivision (a) within 90 calendar days from the date of the adoption
of the changes in the federal act or federal regulations, or from
the date on which a stay or injunction against the implementation of
the changes in the federal act or federal regulations is dissolved,
whichever is later.
(d) The program established pursuant to this article shall impose
requirements within this state that are the same as the requirements
imposed pursuant to the federal act, including, but not limited to,
any regulation adopted pursuant to the federal act that is in effect
on January 1, 2007 2006 .
25546.4. (a) No later than one calendar year after the date when
the secretary makes the determination specified in subdivision (a) of
Section 25546.3, the agency shall adopt regulations to implement the
program that are identical in application to the federal regulations
in effect on January 1, 2007 2006 .
(b) The regulations adopted pursuant to subdivision (a) shall
require that the information be reported retroactively to the
effective date of the change in the federal act or federal
regulations as to ensure no gap in data collection.
(c) The agency shall evaluate existing California specific
reporting requirements and determine if this information can
substitute, in whole or in part, for the information that would be
required under the adopted regulations. This review shall include,
but not be limited to, reporting required pursuant to the Air Toxic
"Hot Spot" Information and Assessment Act (Part 6 (commencing with
Section 44300) of Division 26), the Hazardous Waste Source Reduction
and Management Review Act of 1989 (Article 11.9 (commencing with
Section 25244.12) of Chapter 6.5), and reporting required by the
regional water quality control boards pursuant to the National
Pollution Discharge Elimination System permits and waste discharge
requirements.
(d) The regulations shall prescribe the same reporting forms in
use at the federal level prior to the removal, relaxation, or
reduction in federal reporting requirements, unless the agency
determines that an alternative form is necessary to substitute
chemical release data reported under existing California specific
programs, to ensure that the information is consolidated. The
information shall be made publicly available in a manner similar to,
and provide for convenient access, as the federal Toxic Release
Inventory as it existed on January 1, 2007
2006 .