BILL NUMBER: AB 833 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2007
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
existing regulations that are in effect on
January 1, 2006, 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 increase the threshold
quantity for a toxic chemical or eliminate a toxic chemical subject
to the federal act . The bill would prohibit the secretary from
making the determination if there are legal challenges to the
changes to EPCRA or the existing 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 existing
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,
2006 require a facility to submit a toxic chemical
release form to Cal-EPA, if the facility is not required to submit a
toxic chemical release form containing that same information pursuant
to the revised federal regulations .
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, 2006
to require that information . The bill would
require the adopted regulations to apply retroactively to the
effective date of the changes made to EPCRA or the existing
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
required by the existing regulations, 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, 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) "Facility" means a facility subject to the federal act, as
provided by Section 11002 of Title 42 of the United States Code, as
that section read on January 1, 2006, and that is subject to the
existing federal regulations.
(c) "Existing federal regulations" mean 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, 2006, except as provided in subdivision (e) of
Section 25546.3.
(b)
(d) "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)
(e) "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, 2006.
regulations may be revised or amended on or after January 1, 2006.
(d)
(f) "Program" means the California Toxic Release
Inventory Program established pursuant to this article.
(e)
(g) "Secretary" means the Secretary for Environmental
Protection.
(h) "Toxic chemical" means a substance listed pursuant to Subpart
D (commencing with Section 372.65) of Part 372 of Subchapter J of
Chapter 1 of Title 40 of the Code of Federal Regulations, as those
regulations read on January 1, 2006, and not as those regulations may
be subsequently amended, revised, or repealed after that date,
except as provided in subdivision (e) of Section 25546.3.
(i) "Toxic chemical release form" means the form required to be
completed by the owner or operator of a facility pursuant to Section
11023 of Title 42 of the United States Code, as that section read on
January 1, 2006.
(j) "Threshold quantity" means the amount of a toxic chemical
specified in Sections 372.25, 372.27, and 372.28 of Title 40 of the
Code of Federal Regulations as those regulations read on January 1,
2006, and not as those regulations may be subsequently amended,
revised, or repealed after that date, except as provided in
subdivision (e) of Section 25546.3.
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.
(1) There has been a change made to the federal act, as that act
read on January 1, 2006, that would increase the threshold quantity
for a toxic chemical or would eliminate a toxic chemical subject to
the federal act.
(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,
2006, that reduces timely access by the public to accurate
information about chemical releases.
(2) The existing federal regulations are repealed, amended, or
otherwise revised so as to increase the threshold quantity for a
toxic chemical or to eliminate a toxic chemical subject to the
existing federal regulations.
(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 the existing 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 the existing federal
regulations, or from the date on which a stay or injunction against
the implementation of the changes in the federal act or the
existing 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, 2006.
(d) The program established pursuant to this article shall require
a facility to submit a toxic chemical release form to the agency, in
accordance with the existing federal regulations, if the facility is
not required, on or after the date when the secretary makes the
determination pursuant to this section, to submit a toxic chemical
release form containing that same information pursuant to the federal
regulations.
(e) Notwithstanding any other provision of this article, the
agency shall, when implementing the program, comply with the
requirements of the federal act with regard to ensuring that any
requirement imposed pursuant to this article is no less stringent
than, or is not otherwise preempted by, any requirement imposed
pursuant to the federal act, including any changes to the existing
federal regulations that decrease the threshold quantity or include
additional toxic chemicals subject to the federal act.
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, 2006.
regulations to require a facility to submit a toxic chemical release
form to the agency, in accordance with the existing federal
regulations, if the facility is not required by the federal
regulations to submit a toxic chemical release form containing that
same information.
(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 the existing
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 use, pursuant to the existing federal
regulations, 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, 2006.
(e) The agency shall combine the information obtained from the
toxic chemical release forms completed by a facility under the
existing regulations and from the reports specified in subdivision
(c), that are collected by the agency pursuant to this article, with
any information obtained from the toxic chemical release forms
completed by a facility pursuant to the federal regulations, to
provide the public with accurate information regarding all
information regarding the toxic chemicals released by those
facilities.