BILL NUMBER: AB 833 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 5, 2007
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 the Department of Toxic Substances
Control (department) to develop and implement ,
implement, by January 1, 2009, the California Toxic Release
Inventory Program to require a facility to submit a toxic chemical
release form to the department, if the facility is not required to
submit a toxic chemical release form containing that same information
pursuant to the existing federal regulations, as defined.
The bill would require the 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 department to
determine whether existing California-specific reporting requirements
can substitute, in whole or in part, for the information that would
be required under the program. The bill would require the
program facility to utilize the same reporting
forms required by the existing regulations, unless the department
determines that an alternative form is necessary to substitute
chemical release data reported under existing 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. The bill would also prohibit the
department, if there is a legal challenge to the changes made to a
specified provision of the federal act or the federal regulations
adopted pursuant to that provision, that result in the changes being
stayed or enjoined by a court, from requiring a facility to submit a
toxic chemical release form, until the department determines that the
court action has been settled or adjudicated .
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 Toxics 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 Toxics
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) "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) (b) of Section 25546.3.
(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).
(e) "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 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) "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) (b)
of Section 25546.3.
(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.
(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 (b) of Section 25546.3.
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.
(b) Notwithstanding any other provision of this article, the
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.
(c) If there is a legal challenge to changes made to Section 312
of the federal act (42 U.S.C. Sec. 11022) or the federal regulations
adopted pursuant to that section, that result in the changes being
stayed or enjoined by a federal court, the department shall not
require a facility to submit a toxic chemical release form pursuant
to Section 25546.4 until the department determines that the court
action has been settled or adjudicated.
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 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 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 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 department shall require the program
facility to utilize the same reporting forms in use,
pursuant to the existing federal regulations, unless the department
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
department shall also prescribe the manner in which the information
in the forms shall be transmitted.
(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.