BILL NUMBER: AB 833 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2007
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 the
Department of Toxic Substances Control (department) to
establish develop and implement , by January 1, 2009,
the California Toxic Release Inventory Program
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 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 require a facility to submit a toxic chemical release
form to Cal-EPA the department , if the
facility is not required to submit a toxic chemical release form
containing that same information pursuant to the revised
existing federal regulations , as defined
.
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
to require that information. The bill would
require the adopted regulationsto apply
information to be reported under the program to be reported
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
department to determine whether existing California
specific California-specific reporting
requirements can substitute, in whole or in part, for the information
that would be required under the adopted regulations
program . The bill would require the
adopted regulations program to use
utilize the same reporting forms required by the
existing regulations, unless the agency
department determines that an alternative form is necessary to
substitute chemical release data reported under existing
California specific California-specific
programs.
The department would be authorized to adopt regulations to
implement the program as emergency regulations and would require the
Office of Administrative Law to deem these regulations to be
necessary for the immediate preservation of the public peace, health,
safety, and general welfare.
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.
(a) "Department" means the Department of Toxic Substances Control.
(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.
(d) "Federal act" means the federal Emergency Planning and
Community Right to Know Right-to-Know
Act of 1986 (EPCRA; Chapter 116 (commencing with Section 11001) of
Title 42 of the United States Code).
(e) "Federal regulations" means 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 may be revised or amended on or
after January 1, 2006.
(f) "Program" means the California Toxic Release Inventory Program
established pursuant to this article.
(g) "Secretary" means the Secretary for Environmental Protection.
(h)
(g) "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)
(h) "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)
(i) "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) (b) 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, 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) 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 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.
25546.3. (a) On or before January 1, 2009, the
department shall develop and implement the California Toxic Release
Inventory Program pursuant to this article.
(e)
(b) Notwithstanding any other provision of this
article, the agency department 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 require a
facility to submit a toxic chemical release form to the agency, in
accordance with the existing federal
25546.4. (a) The program established pursuant to
this article shall require a facility to submit a toxic chemical
release form to the department, 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 program 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
(c) The department shall evaluate
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 program . 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
department shall require the program to utilize the same
reporting forms in use, pursuant to the existing federal regulations,
unless the agency department
determines that an alternative form is necessary to substitute
chemical release data reported under existing California
specific 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. department shall also
prescribe the manner in which the information in the forms shall be
transmitted.
(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.
(e) The department shall post a copy of each form received from
each facility that is subject to the program on the department's
publicly available Internet Web site.
25546.5. (a) The department may adopt regulations to implement
the program as emergency regulations. The emergency regulations
adopted pursuant to this section shall be adopted by the department
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 hereby deemed an
emergency and shall be considered by the Office of Administrative Law
as necessary for the immediate preservation of the public peace,
health, safety, and general welfare.
(b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, any
emergency regulations adopted by the department pursuant to this
section shall be filed with, but not be repealed by, the Office of
Administrative Law and shall remain in effect for a period of two
years or until revised by the department, whichever occurs sooner.