Bill Text: CA AB2298 | 2019-2020 | Regular Session | Introduced
Bill Title: Hazardous waste.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-17 - In committee: Hearing postponed by committee. [AB2298 Detail]
Download: California-2019-AB2298-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2298
| Introduced by Assembly Member Carrillo |
February 14, 2020 |
An act to amend Section 2782.6 of the Civil Code, to amend Sections 17210 and 17213 of the Education Code, to amend Section 65850.2 of the Government Code, to amend Sections 25404.1.1, 25505, 25532, 25533, 25534, 25534.05, 25534.5, 25535, 25535.1, 25535.2, 25535.5, 25536, 25536.9, 25537, 25537.5, 25538, 25539, 25541.5, 25542, 25543, 25543.1, 25543.2, and 25543.3 of the Health and Safety Code, to amend Section 7856 of the Labor Code, and to amend Sections 21151.4 and 21151.8 of the Public Resources Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2298, as introduced, Carrillo.
Hazardous waste.
(1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency, or CUPA. Existing law authorizes a state or local agency that has a written agreement with a CUPA, and is approved by the secretary, to implement or enforce one or more of the unified program elements as a participating agency. Existing law defines “unified program agency,” or UPA, to mean the CUPA or its participating agencies, as provided.
Existing law authorizes the UPA, if the UPA determines that a person has committed, or is committing, a violation of any law, regulation, permit, information request, order, variance, or other requirement that the UPA is authorized to enforce or implement, to issue an administrative enforcement order requiring that the violation be corrected and imposing an administrative penalty. Existing law authorizes a UPA to suspend or revoke any unified program facility permit, or an element of a unified program facility permit, for not paying the permit fee or a fine or penalty associated with the permit in accordance with specified procedures. Existing law authorizes a UPA, if a permittee does not comply with a written notice from the UPA to the permittee to make those payments by a specified date, to suspend or revoke the permit or permit element. Existing law requires the permittee, if the permit or permit element is suspended or revoked, to immediately discontinue operating
that facility or function of the facility to which the permit element applies until the permit is reinstated, or reissued.
This bill would revise those requirements to explicitly require noncompliance with a written notice before a permit or permit element may be suspended or revoked, and would additionally authorize the UPA to withhold issuance of the permit or permit element if a unified program facility does not comply with a written notice.
The bill would authorize a UPA to suspend, revoke, or withhold issuance of a unified program facility permit if conditions exist at the unified program facility that the UPA considers, consistent with criteria or factors, which the bill would require the UPAs in the state to develop, and are supported by written findings, an imminent or substantial endangerment to public health, safety, or the environment. The bill would require
the permittee to immediately discontinue operating that facility or function of the facility to which the permit or permit element applies until the endangerment is abated and the permit or permit element is issued, reinstated, or reissued. The bill would authorize a UPA to suspend, revoke, or withhold the issuance of any unified program facility permit if a permittee of a facility, or the owner or operator, as appropriate, fails to take appropriate action to abate an endangerment.
The bill would require the owner or operator of a unified program facility to be liable for a civil or administrative penalty of not less than $500 or more than $5,000 per day for failure to obtain or keep a permit as required pursuant to the provisions governing the unified program.
The bill would provide that the provisions authorizing a UPA to issue an administrative enforcement order or to
withhold issuance, or to suspend or revoke, a permit do not prevent the UPA from issuing an administrative enforcement order for the release of a hazardous substance, as defined, for any violation of specified provisions relating to, among other things, business and area plans and risk management plans.
(2) Existing law requires a stationary source, as defined, with one or more processes that have certain substances present in more than a threshold quantity to prepare and submit a risk management plan, if the administering agency makes a specified determination. Existing law defines “administering agency” for these purposes to mean a UPA. Existing law requires an administering agency, for a stationary source not otherwise required to submit a risk management plan, to make a preliminary determination as to whether there is a significant likelihood that the use of regulated substances by a
stationary source may pose a regulated substances accident risk. Existing law authorizes an administering agency, if it determines that there is not a significant likelihood of a regulated substances accident risk, to do one of two things, including requiring the stationary source to prepare and submit a risk management plan, as provided.
This bill would revise these and related provisions to explicitly refer to an administering agency instead as a UPA. The bill would repeal the authorization to require a stationary source to prepare and submit a risk management plan under those circumstances, and would instead authorize a UPA to exempt the stationary source from certain requirements, including the preparation of a risk management plan. The bill would authorize a UPA to revoke that exemption at any time if it determines that there is a significant likelihood of a regulated substance accident risk. The bill would require a person or stationary source with one or more
processes at or above the threshold quantity of specified regulated substances to comply with specified provisions and submit a risk management plan to the UPA before the date that the regulated substance is first present in a process above the listed threshold quantity. The bill would make other conforming changes.
(3) Existing law requires a business that handles a hazardous material and that meets any of specified conditions to establish and implement a business plan for a response to a release or threatened release of the hazardous material. Existing law requires a business plan to contain certain information, including a site map that contains specified elements.
This bill would require some of the elements, as provided, to be included on the site map only if they are present.
(4) Because the bill would make
changes to provisions enforced by unified program agencies, the bill would impose a state-mandated local program.
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 a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2782.6 of the Civil Code is amended to read:2782.6.
(a) Nothing in subdivision (a) of Section 2782 prevents an agreement to indemnify a professional engineer or geologist or the agents, servants, independent contractors, subsidiaries, or employees of that engineer or geologist from liability as described in Section 2782 in providing hazardous materials identification, evaluation, preliminary assessment, design, remediation services, or other services of the types described in Sections 25322 and 25323 of the Health and Safety Code or the federal National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. Sec. 300.1 et seq.), if all of the following criteria are satisfied:(1) The services in whole or in part address subterranean contamination or other concealed conditions caused by the hazardous
materials.
(2) The promisor is responsible, or potentially responsible, for all or part of the contamination.
(b) The indemnification described in this section is valid only for damages arising from, or related to, subterranean contamination or concealed conditions, and is not applicable to the first two hundred fifty thousand dollars ($250,000) of liability or a greater amount as is agreed to by the parties.
(c) This section does not authorize contracts for indemnification, by promisors specified in paragraph (2) of subdivision (a), of any liability of a promisee arising from the gross negligence or willful misconduct of the promisee.
(d) “Hazardous materials,” as used in this section, means any hazardous or toxic substance, material, or waste that is
or becomes subject to regulation by any agency of the state, any municipality or political subdivision of the state, or the United States. “Hazardous materials” includes, but is not limited to, any material or substance that is any of the following:
(1) A hazardous substance, as defined in Section 25316 of the Health and Safety Code.
(2) Hazardous material, as defined in subdivision (j) of Section 25501 of the Health and Safety Code.
(3) A regulated substance, as defined in subdivision (j) (i) of Section 25532 of the Health and Safety Code.
(4) Hazardous waste, as
defined in Section 25117 of the Health and Safety Code.
(5) Extremely hazardous waste, as defined in Section 25115 of the Health and Safety Code.
(6) Petroleum.
(7) Asbestos.
(8) Designated as a hazardous substance for purposes of Section 311 of the Federal Water Pollution Control Act, as amended (33 U.S.C. Sec. 1321).
(9) Hazardous waste, as defined by subsection (5) of Section 1004 of the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6903).
(10) A hazardous substance, as defined by subsection (14) of Section 101 of the federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601).
(11) A regulated substance, as defined by subsection (2) of Section 9001 of the federal Solid Waste Disposal Act, as amended (42 U.S.C. Sec. 6991).
(e) Nothing in this section shall be construed to alter, modify, or otherwise affect the liability of the promisor or promisee, under an indemnity agreement meeting the criteria of this section, to third parties for damages for death or bodily injury to persons, injury to property, or any other loss, damage, or expense.
(f) This section does not apply to public entities, as defined by Section 811.2 of the Government Code.
SEC. 2.
Section 17210 of the Education Code is amended to read:17210.
(a) “Administering agency” means any agency designated pursuant to Section 25502 of the Health and Safety Code.
(b) “Environmental assessor” means an environmental professional as defined in Section 312.10 of Title 40 of the
Code of Federal Regulations.
(c) “Handle” has the same
meaning the term is given in Article 1 (commencing with Section 25500) of Chapter 6.95 of Division 20
specified in Section 25501 of the Health and Safety Code.
(d) “Hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from any substance identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code.
(e) “Hazardous material” has the meaning the term is given in subdivision (d) of Section 25260 of the Health and Safety Code.
(f) “Operation and maintenance,”
“release,”
“removal action work plan,” “respond,” “response,” “response action,” and “site” have the meanings those terms are given in Article 2 (commencing with Section 25310) of the state act.
(g) “Phase I environmental assessment” means a preliminary assessment of a property to determine whether there has been or may have been a release of a hazardous material, or whether a naturally occurring hazardous material is present, based on reasonably available information about the property and the area in its vicinity. A phase I environmental assessment shall meet the most current requirements adopted by the American Society for Testing and Materials (ASTM) for Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or meet the requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations. That ASTM Standard Practice for Environmental Site Assessments or the
requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations shall satisfy the requirements of this article for conducting a phase I environmental assessment unless and until the Department of Toxic Substances Control adopts final regulations that establish guidelines for a phase I environmental assessment for purposes of schoolsites that impose different requirements.
(h) “Preliminary endangerment assessment” means an activity that is performed to determine whether current or past hazardous material management practices or waste management practices have resulted in a release or threatened release of hazardous materials, or whether naturally occurring hazardous materials are present, which pose a threat to children’s health, children’s learning abilities, public health or the environment. A preliminary endangerment assessment requires sampling and analysis of a site, a preliminary determination of the
type and extent of hazardous material contamination of the site, and a preliminary evaluation of the risks that the hazardous material contamination of a site may pose to children’s health, public health, or the environment, and shall be conducted in a manner that complies with the guidelines published by the Department of Toxic Substances Control entitled “Preliminary Endangerment Assessment: Guidance Manual,” including any amendments that are determined by the Department of Toxic Substances Control to be appropriate to address issues that are unique to schoolsites.
(i) “Proposed schoolsite” means real property acquired or to be acquired or proposed for use as a schoolsite, prior to its occupancy as a school.
(j) “Regulated substance” means any material defined in subdivision (g)
(i) of Section 25532 of the Health and Safety Code.
(k)“Release” has the same meaning the term is given in Article 2 (commencing with Section 25310) of Chapter 6.8 of Division 20 of the Health and Safety Code, and includes a release described in subdivision (d) of Section 25321 of the Health and Safety Code.
(l)
(k) “Remedial action plan” means a plan approved by the Department of Toxic Substances
Control pursuant to Section 25356.1 of the Health and Safety Code.
(m)
(l) “State act” means the Carpenter-Presley-Tanner Hazardous Substance Account Act (Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code).
SEC. 3.
Section 17213 of the Education Code is amended to read:17213.
(a) The governing board of a school district(a)
(1) The school district, as the lead agency, as defined in Section 21067 of the Public Resources Code, determines that the property purchased or to be built upon is not any of the following:
(1)
(A) The site of a current or former hazardous waste disposal site or solid waste disposal site, unless if the site was a former solid waste disposal site, the governing board of the school district concludes that the wastes have been removed.
(2)
(B) A hazardous substance release site identified by the Department of Toxic Substances Control in a current list adopted pursuant to Section 25356 of the Health and Safety Code for removal or remedial action pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code.
(3)
(C) A site that contains one or more pipelines, situated underground or aboveground, that carries hazardous substances, extremely hazardous substances, or hazardous wastes, unless the pipeline is a natural gas line that is used only to supply natural gas to that school or neighborhood.
(b)
(2) The school district, as the lead agency, as defined in Section 21067 of the Public Resources Code, in preparing the environmental impact report or negative declaration has consulted with the administering agency in which the proposed schoolsite is located, pursuant to Section 2735.3 of Title 19 of the California Code of Regulations, and with any air pollution control district or air quality management district having jurisdiction in the area, to identify both permitted and nonpermitted facilities within that district’s authority, including, but not limited to, freeways and other busy traffic corridors, large agricultural operations, and railyards, within one-fourth of a mile of the proposed schoolsite, that might reasonably be anticipated to emit hazardous air emissions, or to handle hazardous or extremely hazardous materials,
substances, or waste. The school district, as the lead agency, shall include a list of the locations for which information is sought.
(c)
(3) The governing board of the school district makes one of the following written findings:
(1)
(A) Consultation identified none of the facilities or significant pollution sources specified in subdivision (b).
paragraph (2).
(2)
(B) The facilities or other pollution sources specified in subdivision (b) paragraph (2) exist, but one of the following conditions applies:
(A)
(i) The health risks from the facilities or other pollution sources do not and will not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the school.
(B)
(ii) The governing board finds that corrective measures required under an existing order by another governmental entity that has jurisdiction over the facilities or other pollution sources will, before the school is occupied, result in the mitigation of all chronic or accidental hazardous air emissions to levels that do not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school.
If the governing board makes this finding, the governing board shall also make a subsequent finding, prior to before the occupancy of the school, that the emissions have been mitigated to these levels.
(C)
(iii) For a schoolsite with a boundary that is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor, the governing board of the school district determines, through analysis pursuant to paragraph (2) of subdivision (b) of Section 44360 of
the Health and Safety Code, based on appropriate air dispersion modeling, and after considering any potential mitigation measures, that the air quality at the proposed site is such that neither short-term nor long-term exposure poses significant health risks to pupils.
(D)
(iv) The governing board finds that neither of the conditions set forth in subparagraph (B) or (C) can clause (ii) or (iii) cannot be
met, and the school district is unable to locate an alternative site that is suitable due to a severe shortage of sites that meet the requirements in subdivision (a) of Section 17213.
(a). If the governing board makes this finding, the governing board shall adopt a statement of Overriding Considerations overriding considerations pursuant to Section 15093 of Title 14 of the California Code of Regulations.
(d)As used in this section:
(b) For purposes of this section, the following definitions apply:
(1) “Administering agency” means an agency designated pursuant to Section 25502 of the Health and Safety Code.
(2) “Extremely hazardous substance” means a material defined pursuant to paragraph (2) of subdivision (i) of Section 25532 of the Health and Safety Code.
(3) “Facilities” means a source with a potential to use, generate, emit, or discharge hazardous air pollutants, including, but not limited to, pollutants that meet the definition of a hazardous substance, and whose process or operation is identified as an emission source pursuant to the most recent list of source categories published by the State Air Resources Board.
(4) “Freeway or other busy traffic corridor” means
those roadways that, on an average day, have traffic in excess of 50,000 vehicles in a rural area as defined in Section 50101 of the Health and Safety Code, and 100,000 vehicles in an urban area, as defined in Section 50104.7 of the Health and Safety Code.
(5) “Handle” has the same meaning specified in Section 25501 of the Health and Safety Code.
(1)
(6) “Hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in
which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from any substance identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code.
(2)
(7) “Hazardous substance” means any
a substance defined in Section 25316 of the Health and Safety Code.
(3)“Extremely hazardous substances” means any material defined pursuant to paragraph (2) of subdivision (g) of Section 25532 of the Health and Safety Code.
(4)
(8) “Hazardous waste” means any a waste defined in Section 25117 of the Health and Safety
Code.
(5)
(9) “Hazardous waste disposal site” means any a
site defined in Section 25114 of the Health and Safety Code.
(6)“Administering agency” means any agency designated pursuant to Section 25502 of the Health and Safety Code.
(7)“Handle” means handle as defined in Article 1 (commencing with Section 25500) of Chapter 6.95 of Division 20 of the Health and Safety Code.
(8)“Facilities” means any source with a potential to use, generate, emit or discharge hazardous air pollutants, including, but not limited to, pollutants that meet the definition of a hazardous substance, and whose process or operation is identified as an emission source pursuant to the most recent list of source categories published by the State Air Resources Board.
(9)“Freeway or other busy traffic corridors” means those roadways that, on an average day, have traffic in excess of 50,000 vehicles in a rural area as defined in Section 50101 of the Health and Safety Code, and 100,000 vehicles in an urban area, as defined in Section 50104.7 of the Health and Safety Code.
SEC. 4.
Section 65850.2 of the Government Code is amended to read:65850.2.
(a) Each city and each county shall include, in its information list compiled pursuant to Section 65940 for development projects, or application form for projects that do not require a development permit other than a building permit, both of the following:(1) The requirement that the owner or authorized agent shall indicate whether the owner or authorized agent will need to comply with the applicable requirements of Section 25505 and Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code or the requirements for a permit for construction or modification from the air pollution control district or air quality management district exercising jurisdiction in the area governed by
the city or county.
(2) The requirement that the owner or authorized agent certify whether or not the proposed project will have more than a threshold quantity of a regulated substance in a process or will contain a source or modified source of hazardous air emissions.
(b) A city or county shall not find the application complete pursuant to Section 65943 or approve a development project or a building permit for a project that does not require a development permit other than a building permit, in which a regulated substance will be present in a process in quantities greater than the applicable threshold quantity, unless the owner or authorized agent for the project first obtains, from the administering agency with jurisdiction over the facility, a notice of requirement to comply with, or determination of exemption from, the requirement to prepare and submit an RMP. Within five days
of submitting the project application to the city or county, the applicant shall submit the information required pursuant to paragraph (2) of subdivision (a) to the administering agency. This notice of requirement to comply with, or determination of exemption from, the requirement for an RMP shall be provided by the administering agency to the applicant, and the applicant shall provide the notice to the city or county within 25 days of the administering agency receiving adequate information from the applicant to make a determination as to the requirement for an RMP. The requirement to submit an RMP to the administering agency shall be met prior to the issuance of a certificate of occupancy or its substantial equivalent. The owner or authorized agent shall submit, to the city or county, certification from the air pollution control officer that the owner or authorized agent has provided the disclosures required pursuant to Section 42303 of the Health and Safety Code.
(c) A city or county shall not issue a final certificate of occupancy or its substantial equivalent unless there is verification from the administering agency, if required by law, that the owner or authorized agent has met, or is meeting, the applicable requirements of Section 25505 and Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code, and the requirements for a permit, if required by law, from the air pollution control district or air quality management district exercising jurisdiction in the area governed by the city or county or has provided proof from the appropriate district that the permit requirements do not apply to the owner or authorized agent.
(d) The city or county, after considering the recommendations of the administering agency or air pollution control district or air quality management district, shall decide whether,
and under what conditions, to allow construction of the site.
(e) Nothing in this section limits any existing authority of a district to require compliance with its rules and regulations.
(f) Counties and cities may adopt a schedule of fees for applications for compliance with this section sufficient to recover their reasonable costs of carrying out this section. Those fees shall be used only for the implementation of this section.
(g) As used in this section, the following terms have the following meaning:
(1) “Administering agency,” “process,” “Process,” “regulated
substance,” “RMP,” and “threshold quantity” have the same meaning as set forth for those terms in Section 25532 of the Health and Safety Code.
(2) “Hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, “hazardous air emissions” also means emissions into the ambient air of any substance identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code.
(3) “Administering agency” means a unified program agency, as defined in Section 25501 of the Health and Safety Code.
(h) Any misrepresentation of information required by this section shall be grounds for denial, suspension, or revocation of project approval or permit issuance. The owner or authorized agent required to comply with this section shall notify all future occupants of their potential duty to comply with the requirements of Section 25505 and Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code.
(i) This section does not apply to applications solely for residential construction.
SEC. 5.
Section 25404.1.1 of the Health and Safety Code is amended to read:25404.1.1.
(a) If the unified program agency determines that a person has committed, or is committing, a violation of any law, regulation, permit, information request, order, variance, or other requirement that the UPA is authorized to enforce or implement pursuant to this chapter, the UPA may issue an administrative enforcement order requiring that the violation be corrected and imposing an administrative penalty, in accordance with the following:(1) Except as provided in paragraph (5), if the order is for a violation of Chapter 6.5 (commencing with Section 25100), the violator shall be subject to the applicable administrative penalties provided by that chapter.
(2) If the order is for a violation of Chapter 6.7 (commencing with Section 25280), the violator shall be subject to the applicable civil penalties provided in subdivisions (a), (b), (c), and (e) of Section 25299.
(3) If the order is for a violation of Article 1 (commencing with Section 25500) of Chapter 6.95, the violator shall be subject to a penalty that is consistent with the administrative penalties imposed pursuant to Section 25514.5. 25515.2.
(4) If the order is for a violation of Article 2 (commencing with Section 25531) of Chapter 6.95, the violator shall be subject to a penalty that is consistent with the administrative penalties imposed pursuant to Section 25540 or
25540.5.
(5) If the order is for a violation of Section 25270.4.5, the violator shall be liable for a penalty of not more than five thousand dollars ($5,000) for each day on which the violation continues. If the violator commits a second or subsequent violation, a penalty of not more than ten thousand dollars ($10,000) for each day on which the violation continues may be imposed.
(b) In establishing a penalty amount and ordering that the violation be corrected pursuant to this section, the UPA shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator’s ability to pay the penalty, and the deterrent effect that the imposition of the penalty would have on both the violator and the
regulated community.
(c) Any order issued pursuant to this section shall be served by personal service or certified mail and shall inform the person served of the right to a hearing. If the UPA issues an order pursuant to this section, the order shall state whether the hearing procedure specified in paragraph (2) of subdivision (e) may be requested by the person receiving the order.
(d) Any person served with an order pursuant to this section who has been unable to resolve any violation with the UPA, may within 15 days after service of the order, request a hearing pursuant to subdivision (e) by filing with the UPA a notice of defense. The notice shall be filed with the office that issued the order. A notice of defense shall be deemed filed within the 15-day period provided by this subdivision if it is postmarked within that 15-day period. If no notice of defense is filed within
the time limits provided by this subdivision, the order shall become final.
(e) Except as provided in subparagraph (B) of paragraph (2), a person requesting a hearing on an order issued by the UPA under this section may select the hearing officer specified in either paragraph (1) or (2) in the notice of defense filed with the UPA pursuant to subdivision (d). If a notice of defense is filed but no hearing officer is selected, the UPA may select the hearing officer. Within 90 days of receipt of the notice of defense by the UPA, the hearing shall be scheduled using one of the following:
(1) An administrative law judge of the Office of Administrative Hearings of the Department of General Services, who shall conduct the hearing in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, and the UPA shall have all the
authority granted to an agency by those provisions.
(2) (A) A hearing officer designated by the UPA, who shall conduct the hearing in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, and the UPA shall have all the authority granted to an agency by those provisions. When a hearing is conducted by a UPA hearing officer pursuant to this paragraph, the UPA shall issue a decision within 60 days after the hearing is conducted. Each hearing officer designated by a UPA shall meet the requirements of Section 11425.30 of the Government Code and any other applicable restriction.
(B) A UPA, or a person requesting a hearing on an order issued by a UPA
UPA, may select the hearing process specified in this paragraph in a notice of defense filed pursuant to subdivision (d) only if the UPA has, as of the date the order is issued pursuant to subdivision (c), selected a designated hearing officer and established a program for conducting a hearing in accordance with this paragraph.
(f) The hearing decision issued pursuant to paragraph (2) of subdivision (e) shall be effective and final upon issuance by the UPA. A copy of the decision shall be served by personal service or by certified mail upon the party served with the order, or their representative, if any.
(g) Any provision of an order issued under this section, except the imposition of an administrative penalty, shall take effect upon issuance by the UPA if the UPA finds
finds, pursuant to the criteria or factors developed pursuant to paragraph (2) of subdivision (n), that the violation or violations of law associated with that provision may pose an imminent and substantial endangerment to the public health or safety or the environment. A request for a hearing shall not stay the effect of that provision of the order pending a hearing decision. However, if the UPA determines that any or all provisions of the order are so related that the public health or safety or the environment can be protected only by immediate compliance with the order as a whole, the order as a whole, except the imposition of an administrative penalty, shall take effect upon issuance by the UPA. A request for a hearing shall not stay the effect of the order as a whole pending a hearing decision.
(h) A decision issued pursuant to paragraph (2) of subdivision (e) may be reviewed by a court pursuant to
Section 11523 of the Government Code. In all proceedings pursuant to this section, the court shall uphold the decision of the UPA if the decision is based upon substantial evidence in the record as a whole. The filing of a petition for writ of mandate shall not stay any action required pursuant to this chapter or the accrual of any penalties assessed pursuant to this chapter. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction.
(i) All administrative penalties collected from actions brought by a UPA pursuant to this section shall be paid to the UPA that imposed the penalty, and shall be deposited into a special account that shall be expended to fund the activities of the UPA in enforcing this chapter.
(j) The UPA shall consult with the district attorney, county counsel, or city attorney on the development of policies to be
followed in exercising the authority delegated pursuant to this section as it relates to the authority of the UPA to issue orders.
(k) (1) A unified program agency may suspend or revoke any unified program facility permit, or an element of a unified program facility permit, for not paying the permit fee or a facility shall pay a permit fee and any fine or penalty associated with the permit in accordance with the procedures specified in this subdivision.
(2) If a permittee unified program facility
does not comply with a written notice from the unified program agency UPA to the permittee unified program facility to make the payments specified in paragraph (1) by the required date provided in the notice, the unified program agency may
UPA may withhold issuance of, or may suspend or revoke revoke, the permit or permit element. If the permit or permit element is suspended or revoked, the permittee shall immediately discontinue operating that facility or function of the facility to which the permit element applies until the permit is reinstated or reissued.
(l) (1) (A) If the unified program facility does not have a valid unified program facility permit or if the permit or permit element is suspended or revoked, the unified program
facility shall immediately discontinue operating, as applicable, that facility or function of the facility to which the permit or permit element applies until the permit is issued, reinstated, or reissued by the UPA.
(B) Subparagraph (A) does not apply to the owner or operator of a facility who submitted a timely application for a unified program facility permit or for a renewal of the permit, and that facility is in compliance with the requirements of this chapter, but has not yet received the permit or the renewed permit from the UPA. A submittal of a hazardous materials business plan into the California Environmental Reporting System constitutes a submittal of an application for purposes of this subparagraph.
(3)
(2) A permittee unified program facility may request a hearing to appeal the withholding of the issuance of, or the suspension or revocation of of, a permit or element of a permit pursuant to this subdivision by requesting a hearing using the procedures provided in subdivision (d).
(m) (1) The owner or operator of a unified program facility shall be liable for a civil or administrative penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for failure to obtain or keep a permit as required pursuant to this chapter.
(2) Paragraph (1) does not apply to the owner or operator of a facility who submitted a timely application for a unified program facility permit or for a renewal of the permit, and that facility is in compliance with the requirements of this chapter, but has not yet received the permit or the renewed permit from the UPA. A submittal of a hazardous materials business plan into the California Environmental Reporting System constitutes a submittal of an application for purposes of this paragraph.
(n) (1) (A) A UPA may suspend, revoke, or withhold issuance of any unified program facility permit, if the UPA determines that conditions exist at the unified program facility that the UPA considers an imminent or substantial endangerment to public health, safety, or the environment. The unified program facility shall immediately discontinue an operation or function to which the permit or permit element applies until the endangerment is abated and the permit or permit element is issued, reinstated, or reissued by the UPA.
(B) A UPA may suspend, revoke, or withhold issuance of any unified program facility permit if the permittee, or the owner or operator of the facility, as appropriate, fails to take appropriate action to abate an endangerment.
(2) The UPAs in the state shall develop criteria or factors that shall be taken into consideration before a
release of a hazardous substance may be found to present an imminent or substantial endangerment to public health, safety, or the environment. The process used by the UPAs to develop the criteria or factors shall be open to interested members of the public and any draft criteria or factors shall be made available to interested stakeholders for review and comment. The final criteria and factors selected by the UPAs shall be posted online.
(3) An action taken by a UPA pursuant to paragraph (1) shall be consistent with the criteria and factors developed pursuant to paragraph (2) and shall be supported by written findings provided by the unified program facility.
(l)
(o) This section does not do any of the following:
(1) Otherwise affect the authority of a UPA to take any other action authorized by any other provision of law, except the UPA shall not require a person to pay a penalty pursuant to this section and pursuant to a local ordinance for the same violation.
(2) Restrict the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law.
(3) Restrict or limit, in any way, the authority of a district,
as defined in Section 39025.
(3)
(4) Prevent the UPA from cooperating with, or participating in, a proceeding specified in paragraph (2).
(5) Prevent the UPA from issuing an administrative enforcement order for the release of a hazardous substance, as defined in subdivision (b) of Section 374.8 of the Penal Code, for any violation of Chapter 6.95 (commencing with Section 25500).
SEC. 6.
Section 25505 of the Health and Safety Code is amended to read:25505.
(a) A business plan shall contain all of the following information:(1) The inventory of information required by this article and additional information the governing body of the unified program agency finds necessary to protect the health and safety of persons, property, or the environment. Locally required information shall be adopted by local ordinance and shall be subject to trade secret protection specified in Section 25512. The unified program agency shall notify the secretary within 30 days after those requirements are adopted.
(2) A site map that contains
shall contain north orientation,
hazardous material handling and storage areas, evacuation staging areas, and, if present, loading areas, internal roads, adjacent streets, storm and sewer drains, access and exit points, emergency shutoffs, evacuation staging areas, hazardous material handling and storage areas, and emergency response equipment, and additional map requirements the governing body of the unified program agency finds necessary. Any locally required additional map requirements shall be adopted by local ordinance. This ordinance and related public processes are subject to the limitations on the disclosure of hazardous material location information specified in subdivision (b) of Section 25509. The unified program agency shall notify the secretary both before publishing a proposed ordinance to require
additional map requirements and within 30 days after those requirements are adopted. A site map shall be updated to include the additional information required pursuant to the local ordinance no later than one year after adoption of the local ordinance.
(3) Emergency response plans and procedures in the event of a release or threatened release of a hazardous material, including, but not limited to, all of the following:
(A) Immediate notification contacts to the appropriate local emergency response personnel and to the unified program agency.
(B) Procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment.
(C) Evacuation plans and procedures, including immediate
notice, for the business site.
(4) Training for all new employees and annual training, including refresher courses, for all employees in safety procedures in the event of a release or threatened release of a hazardous material, including, but not limited to, familiarity with the plans and procedures specified in paragraph (3). These training programs may take into consideration the position of each employee. This training shall be documented electronically or by hard copy and shall be made available for a minimum of three years.
(b) A business required to file a pipeline operations contingency plan in accordance with the Elder California Pipeline Safety Act of 1981 (Chapter 5.5 (commencing with Section 51010) of Part 1 of Division 1 of Title 5 of the Government Code) and the regulations of the
federal Department of Transportation, found in Part 195 (commencing with Section 195.0) of Subchapter D of Chapter I of Subtitle B of Title 49 of the Code of Federal Regulations, may file a copy of those plans with the unified program agency instead of filing an emergency response plan specified in paragraph (3) of subdivision (a).
(c) The emergency response plans and procedures, the inventory of information required by this article, and the site map required by this section shall be readily available to personnel of the business or the unified program facility with responsibilities for emergency response or training pursuant to this section.
SEC. 7.
Section 25532 of the Health and Safety Code is amended to read:25532.
Unless the context indicates otherwise, the following definitions govern the construction of this article:(a) “Accidental release” means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.
(b)“Administering agency” means a unified program agency as defined in Section 25501.
(c)
(b) “Covered process” means a process that has a regulated substance present in more than a threshold quantity.
(d)
(c) “Local implementing agency” means the entity that has been designated by a local governing body to develop, implement, and maintain an integrated alerting and notification system, which may include a local law enforcement or fire agency, joint powers agency, authority, or entity, or other local agency.
(e)
(d) “Modified stationary source” means an addition or change to a stationary source that qualifies as a “major change,” as defined in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations. “Modified stationary source” does not include an increase in production up to the source’s existing operational capacity or an increase in production level, up to the production levels authorized in a permit granted pursuant to Section 42300.
(f)
(e) “Office” or “agency” means the Office of Emergency Services.
(g)
(f) “Person” means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation, including, but not limited to, a government corporation. “Person” also includes any city, county, city and county, district, commission, the state or any department, agency agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law.
(h)
(g) “Process” means any activity involving a regulated substance, including any use, storage, manufacturing, handling, or onsite movement of the regulated substance or any combination of these activities. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located so that a regulated substance could be involved in a potential release, shall be considered a single process.
(i)
(h) “Qualified person” means a person who is qualified to attest, at a
minimum, to the completeness of an RMP.
(j)
(i) “Regulated substance” means any substance that is either of the following:
(1) A regulated substance listed in Section 68.130 of Title 40 of the Code of Federal Regulations pursuant to paragraph (3) of subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412(r)(3)).
(2) (A) An extremely hazardous substance listed in Appendix A of Part 355 (commencing with Section 355.10) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations that is any of the
following:
(i) A gas at standard temperature and pressure.
(ii) A liquid with a vapor pressure at standard temperature and pressure equal to or greater than 10 millimeters mercury.
(iii) A solid that is one of the following:
(I) In solution or in molten form.
(II) In powder form with a particle size less than 100 microns.
(III) Reactive with a National Fire Protection Association rating of 2, 3, or 4.
(iv) A substance that the office determines may pose a regulated substances accident risk pursuant to subclause (II) of clause (i) of subparagraph (B) or pursuant
to Section 25543.3.
(B) (i) On or before June 30, 1997, the office shall, in consultation with the Office of Environmental Health Hazard Assessment, determine which of the extremely hazardous substances listed in Appendix A of Part 355 (commencing with Section 355.10) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations do either of the following:
(I) Meet one or more of the criteria specified in clauses (i), (ii), or (iii) of subparagraph (A).
(II) May pose a regulated substances accident risk, in consideration of the factors specified in subdivision (g) of Section 25543.1, and, therefore, should remain on the list of regulated substances until completion of the review conducted pursuant to subdivision (a) of Section 25543.3.
(ii) The office shall adopt, by regulation, a list of the extremely hazardous substances identified pursuant to clause (i). Extremely hazardous substances placed on the list are regulated substances for the purposes of this article. Until the list is adopted, the administering agency
unified program agency shall determine which extremely hazardous substances should remain on the list of regulated substances pursuant to the standards specified in clause (i).
(k)
(j) “Regulated substances accident risk” means a potential for the accidental release of a regulated substance into the environment that could produce a significant likelihood that persons exposed may suffer acute health effects resulting in significant injury or death.
(l)
(k) “RMP” means the risk management plan required under Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations and by this article.
(m)“State threshold quantity” means the quantity of a regulated substance described in subparagraph (A) of paragraph (2) of subdivision (j), as adopted by the office pursuant to Section 25543.1 or 25543.3. Until the office adopts a state threshold quantity for a regulated substance, the state threshold quantity shall be the threshold planning quantity for the regulated substance specified in Appendix A of Part 355 (commencing with Section 355.10) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations.
(n)
(l) “Special needs population” means individuals who may have additional response assistance needs before, during, and after an incident in functional areas, including, but not limited to, maintaining independence, communication, transportation, supervision, or medical care. Individuals in need of additional response assistance may include those who have disabilities, live in institutionalized settings, are elderly, are children, are from diverse cultures, have limited English proficiency or are non-English speaking, or are transportation disadvantaged.
(m) “State threshold quantity” means the quantity of a regulated substance described in subparagraph (A) of paragraph (2) of subdivision
(j), as adopted by the office pursuant to Section 25543.1 or 25543.3. Until the office adopts a state threshold quantity for a regulated substance, the state threshold quantity shall be the threshold planning quantity for the regulated substance specified in Appendix A of Part 355 (commencing with Section 355.10) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations.
(o)
(n) “Stationary source” means any stationary source, as defined in Section 68.3 of Title 40 of the Code of Federal Regulations.
(p)
(o) “Threshold quantity” means the quantity of a regulated substance that is determined to be present at a stationary source in the manner specified in Section 68.115 of Title 40 of the Code of Federal Regulations and that is the lesser of either of the following:
(1) The threshold quantity for the regulated substance specified in Section 68.130 of Title 40 of the Code of Federal Regulations.
(2) The state threshold quantity.
(q)
(p) “Transient population” means individuals in a location in which they do not normally reside, including, but not limited to, train stations, office buildings, shopping malls, and colleges, and individuals who are homeless.
(q) “Unified program agency” has the same meaning specified in Section 25501.
SEC. 8.
Section 25533 of the Health and Safety Code is amended to read:25533.
(a) The program for prevention of accidental releases of regulated substances adopted by the United States Environmental Protection Agency pursuant to subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Section 7412(r)), with the additional provisions specified in this article, is the accidental release prevention program for the state. The program shall be implemented by the office and the appropriate(b) The office and the administering agency unified program agency shall, to the maximum extent feasible, coordinate implementation of the accidental release prevention program with the federal Chemical Safety and Hazard Investigation Board, the Emergency Response Commission and local emergency planning committees, the unified program elements specified in subdivision (c) of Section 25404, the permitting programs implemented by the air quality management districts and air pollution control districts pursuant to Title V of the Clean Air Act (42 U.S.C. Section 7661 et seq.), and with other agencies, as specified in Section 25404.2.
(c) Section 39602 does not apply to the accidental release prevention
program promulgated and implemented pursuant to subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Section 7412(r)).
(d) The administering agency unified program agency in each jurisdiction is the agency designated to implement and enforce any requirements specified by the United States Environmental Protection Agency and pertaining to any of the following:
(1) Verification of stationary source registration and submission of an RMP or revised RMP.
(2) Verification of source submission of stationary
certifications or compliance schedules.
(3) Mechanisms for ensuring that stationary sources permitted pursuant to Title V of the federal Clean Air Act (42 U.S.C. Section 7661 et seq.) are in compliance with the requirements of this article.
(e) Notwithstanding subdivision (d) and paragraph (2) of subdivision (a) of Section 25404.1, if, after a public hearing, the office determines that an administering agency a unified program agency is not taking reasonable actions to enforce the statutory provisions and regulations pertaining to accidental releases of regulated substances, the office may exercise any of the powers of that administering agency
unified program agency as necessary to implement this article.
(f) Notwithstanding any other provision of law, if at any time there is no local agency certified to implement in a city or unincorporated portion of a county the unified program established pursuant to Chapter 6.11 (commencing with Section 25404), the office shall do one of the following:
(1) Authorize the administering agency which unified program agency that implemented this article in the city or county as of December 31, 1993, to continue to implement this article until such time
as a local agency is certified to implement the unified program.
(2) Assume authority and responsibility to implement this article in that city or county until a local agency is certified to implement the unified program, in which case all references in this article to the administering agency unified program agency shall be deemed to refer to the office.
SEC. 9.
Section 25534 of the Health and Safety Code is amended to read:25534.
(a) For any stationary source with one or more covered processes, the(b) (1) If the administering agency
unified program agency determines that there is a significant likelihood of a regulated substances accident risk pursuant to this subdivision, it shall require the stationary source to comply with this article and to prepare and submit an RMP, or may reclassify the covered process from program 2 to program 3, as specified in Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.
(2) If the administering agency unified program agency determines that there is not a significant likelihood of a regulated substances accident risk pursuant to this
subdivision, it may do either of the following:
(A)Require the preparation and submission of an RMP, ut need not do so if it determines that the likelihood of a regulated substances accident risk is remote, unless otherwise required by federal
law.
(A) (i) Exempt the stationary source from this article.
(ii) If the unified program agency determines that, for a stationary source exempt pursuant to clause (i), there is a significant likelihood of a regulated substance accident risk, the unified program agency may revoke the exemption at any time.
(B) Reclassify a covered process from program 3 to program 2 or from program 2 to program 1, as specified in Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations, unless the classification of the covered process is specified in those regulations.
(3) If the administering agency
unified program agency determines that an economic poison, as defined in Section 12753 of the Food and Agricultural Code, used on a farm or nursery may pose a regulated substances accident risk pursuant to this article, the administering agency unified program agency shall first consult with the Department of Food and Agriculture or the county agricultural commissioner to evaluate whether the current RMP is adequate in relation to the regulated substances accident risk. This paragraph does not limit the authority of an administering agency a unified program agency to conduct its duties under
this article, or prohibit the exercise of that authority.
(c) The requirements of this section apply to a stationary source that is not otherwise required to submit an RMP pursuant to Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.
SEC. 10.
Section 25534.05 of the Health and Safety Code is amended to read:25534.05.
(a) The office, in consultation with the administering agencies, industry, the public, and other interested parties, shall adopt regulations, initially as emergency regulations, for all of the following activities:(1) The registration of stationary sources subject to this article.
(2) The receipt, review, revision, and audit of RMPs.
(3) The resolution of disagreements between stationary source operators and administering agencies.
unified program agencies.
(4) Providing for the public availability of RMPs, consistent with subsection (c) of Section 114 of the federal Clean Air Act (42 U.S.C. Section 7414(c)).
(5) The provision of technical assistance to stationary sources subject to the accidental release prevention program.
(b) The regulations shall also require each stationary source to work closely with the administering agency unified program agency in deciding which process hazard review technique is best suited for each stationary source’s covered processes.
(c) The regulations shall provide that the process hazard analysis shall include the consideration of external events, including seismic events, if applicable.
(d) The regulations shall also require each stationary source to work closely with the administering agency
unified program agency in determining for each RMP an appropriate level of detail for the document elements specified in Section 68.150(a) of Title 40 of the Code of Federal Regulations and for documentation of the external events analysis.
(e) Administering agencies A unified program agency shall implement the regulations adopted pursuant to this section.
SEC. 11.
Section 25534.5 of the Health and Safety Code is amended to read:25534.5.
TheSEC. 12.
Section 25535 of the Health and Safety Code is amended to read:25535.
(a) An owner or operator of a stationary source submitting an RMP pursuant to this article shall submit the RMP to the(b) Upon implementation of an RMP, the stationary source shall notify the administering agency unified program agency that the RMP has
been implemented and shall summarize the steps taken in preparation and implementation of the RMP.
(c) The stationary source shall continue to carry out the program and activities specified in the RMP at the stationary source after the administering agency unified program agency has been notified pursuant to subdivision (b).
(d) The owner or operator of the stationary source shall implement all programs and activities in the RMP before operations commence, in the case of a new stationary source, or before any new activities involving regulated substances are taken, in the case of a modified stationary source.
SEC. 13.
Section 25535.1 of the Health and Safety Code is amended to read:25535.1.
(a) Except as otherwise provided in this article, an owner or operator of a stationary source shall prepare an RMP if an RMP is required pursuant to Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations or if the(b) An owner or operator of a stationary source required to prepare an RMP pursuant to this article shall submit the RMP to the
United States Environmental Protection Agency and to the administering agency.
unified program agency.
(c) Notwithstanding subdivision (b), if an RMP is required only because the administering agency unified program agency has determined, pursuant to Section 25534, that an RMP is required, the RMP shall be submitted only to the administering agency. unified program agency.
SEC. 14.
Section 25535.2 of the Health and Safety Code is amended to read:25535.2.
Within 15 days after theSEC. 15.
Section 25535.5 of the Health and Safety Code is amended to read:25535.5.
SEC. 16.
Section 25536 of the Health and Safety Code is amended to read:25536.
(a) A person or a stationary source with one or more covered processes shall comply with the requirements of this article no later than the latest date specified in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter 7 of Title 40 of the Code of Federal Regulations.(b)If the administering agency makes a determination pursuant to Section 25534 that a person or stationary source is required to prepare and submit an RMP, the person or stationary source shall submit the RMP in accordance with a schedule established by the administering agency after consultation with the stationary source. The administering agency shall not require an RMP to be submitted earlier than 12 months or later than three years after the owner or operator has received a notice of that determination from the administering agency.
(b) A person or stationary source with one or more processes at or above the threshold quantity of a regulated substance as listed in Table 3 of Section 2770.5 of Title 19 of the California Code of Regulations, or any successor regulation, shall comply with this article and submit an RMP to the unified program agency before the date that the regulated substance is first present in a process above the listed threshold quantity.
SEC. 17.
Section 25536.9 of the Health and Safety Code is amended to read:25536.9.
On or before February 1, 2018, an owner or operator of a stationary source that claims that it is exempt from the requirement in paragraph (1) of subdivision (a) of Section 25536.7 pursuant to the exception in paragraph (4) of subdivision (a) of Section 25536.7 shall file with theSEC. 18.
Section 25537 of the Health and Safety Code is amended to read:25537.
(a) TheThe requirements of this section do not alter or affect the immunity provided a public entity pursuant to Section 818.6 of the Government Code.
(b) Subdivision (a) shall not be construed to affect the exemption from audit requirements established pursuant to Section 68.220(c) of Title 40 of the Code of Federal Regulations.
(c) The requirements of this section do not alter or affect the immunity provided a public entity pursuant to Section 818.6 of the Government Code.
SEC. 19.
Section 25537.5 of the Health and Safety Code is amended to read:25537.5.
(a)(b) Any A
stationary source which that relies on subdivision (a) for compliance with the applicable requirements of Article 1 (commencing with Section 25500) shall annually submit to the administering agency
unified program agency
a statement that the stationary source has made no changes required to be reported pursuant to Article 1 (commencing with Section 25500), or identifying all reportable changes.
SEC. 20.
Section 25538 of the Health and Safety Code is amended to read:25538.
(a) If a stationary source believes that any information required to be reported, submitted, or otherwise provided to the(b) Except as otherwise specified in this section, the administering agency
unified program agency may not disclose any properly substantiated trade secret that is so designated by the owner or operator of a stationary source.
(c) The administering agency unified program agency may disclose trade secrets received by the administering agency unified program agency pursuant to this article to authorized officers or employees of other governmental agencies only in connection with the official duties of that officer or employee pursuant to any law for the protection of health and safety.
(d) Any An officer or employee or former officer or employee of the administering agency unified program agency or any other government agency who, because of that employment or official position, has possession of or access to information designated as a trade secret pursuant to this section shall not knowingly and willfully disclose the information in any manner to any a person
not authorized to receive the information pursuant to this section. Notwithstanding Section 25515, any a person who violates this subdivision, and who knows that disclosure of this information to the general public is prohibited by the section, shall, upon conviction, be punished by imprisonment in the county jail for not more than six months or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(e) Any information Information prohibited from disclosure pursuant to any
a federal statute or regulation shall not be disclosed.
(f) This section does not authorize any a stationary source to refuse to disclose to the administering agency unified program agency any information required pursuant to this article.
(g) (1) Upon receipt of a request for the release of information to the public that includes information that the stationary source has notified the administering agency
unified program agency is a trade secret pursuant to subdivision (a), the administering agency
unified program agency shall notify the stationary source in writing of the request by certified mail, return receipt requested. The owner or operator of the stationary source shall have 30 days from receipt of the notification to provide the administering agency unified program agency with any materials or information intended to supplement the information submitted pursuant to subdivision (a) and needed to substantiate the claim of trade secret. The administering agency unified program agency
shall review the claim of trade secret and shall determine whether the claim is properly substantiated.
(2) The administering agency unified program agency shall inform the stationary source in writing, by certified mail, return receipt requested, of any determination by the administering agency unified program agency that some, or all, of a claim of trade secret has not been substantiated. Not earlier than 30 days after the receipt by a stationary source of notice of the determination, the administering agency
unified program agency shall release the information to the public, unless, prior to the expiration of the 30-day period, the stationary source files an action in an appropriate court for a declaratory judgment that the information is subject to protection under subdivision (b) or for an injunction prohibiting disclosure of the information to the public, and promptly notifies the administering agency unified program agency of that action.
SEC. 21.
Section 25539 of the Health and Safety Code is amended to read:25539.
The office and eachSEC. 22.
Section 25541.5 of the Health and Safety Code is amended to read:25541.5.
If civil penalties are recovered pursuant to Section 25540 or 25540.5, the same offense shall not be the subject of a criminal prosecution pursuant to Section 25541 or 25541.3. WhenSEC. 23.
Section 25542 of the Health and Safety Code is amended to read:25542.
(a) It is the intent of the Legislature that for those facilities with an RMP incorporating some, or all, of the federal or state process safety management program under the Occupational Safety and Health Act of 1970 (29 U.S.C. Section 651 et seq.) and the Occupational Safety and Health Act of 1973, Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, where a violation may be penalized pursuant to this article and the process safety management program, penalties shall be imposed under only one program.(b) It is the further intent of the Legislature that for any facility described in subdivision (a), the Division of Industrial Safety of the Department of Industrial Relations shall, to the maximum extent
feasible, coordinate with the administering agency
unified program agency and other agencies in accordance with paragraph (4) of subdivision (a) of Section 25404.2.
SEC. 24.
Section 25543 of the Health and Safety Code is amended to read:25543.
The office shall obtain and maintain state delegation of the federal accidental release prevention program established pursuant to subsection (r) of Section 7412 of Title 42 of the United States Code. Substances that are regulated under this article only because they are regulated substances pursuant to paragraph (2) of subdivisionSEC. 25.
Section 25543.1 of the Health and Safety Code is amended to read:25543.1.
(a)(b) A petition submitted pursuant to subdivision (a) shall be accompanied by a submission fee, to be established by the office, in consultation with the Office of Environmental Health Hazard Assessment. The fee shall be in an amount that is sufficient to pay for the reasonable costs incurred by the office and the Office of Environmental Health Hazard Assessment necessary to carry out this section. Upon the receipt of the petition and fee, the office shall transmit to the Office of Environmental Health Hazard Assessment funds sufficient to pay for the reasonable costs incurred by the Office of Environmental Health Hazard Assessment to carry out this section.
(c) An owner or operator of a stationary source shall not delay implementation of this article in anticipation of a ruling on a petition to delist a regulated substance or to change a state threshold quantity.
(d) The office shall notify administering agencies unified program agencies of petitions for adding or delisting regulated substances or for changing state threshold quantities and shall take comments from administering agencies unified program agencies on the petitions. All comments shall be responded to in writing.
(e) The office shall notify the public of petitions for adding or delisting regulated substances or for changing state threshold quantities and shall take public comment on the petitions. All
comments shall be responded to in writing.
(f) (1) The office shall request the Office of Environmental Health Hazard Assessment to review the petitions and make recommendations to the office regarding the petitions.
(2) Each A recommendation made pursuant to paragraph (1) shall be based on current scientific knowledge and a sound and open scientific review and shall contain a finding whether a substance should be added to, or deleted from, the regulated substance list, or whether the state threshold quantity for a regulated substance should be revised.
(g) The petition review by the Office of Environmental
Health Hazard Assessment shall take into consideration all of the following factors:
(1) The severity of any acute adverse health effect associated with an accidental release of the substance.
(2) The likelihood of an accidental release of the substance.
(3) The potential magnitude of human exposure to an accidental release of the substance.
(4) The results of other preexisting evaluations of the substances potential risks which take into account the factors specified in paragraphs (1), (2), and (3), including, but not limited to, studies or research undertaken by, or on behalf of, the United States Environmental Protection Agency for the purpose
of complying with paragraph (3) of subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412 (r)(3)). 7412(r)(3)).
(5) The likelihood of the substance being handled in this state.
(6) The accident history of the substance.
(h) Upon receipt of a recommendation made pursuant to subdivision (f), the office may add or remove a substance or change an existing state threshold quantity as a requirement for this article.
(i) In reviewing a petition under this section, the office shall consider the views of administering agencies
unified program agencies that have indicated support or opposition to the petition.
SEC. 26.
Section 25543.2 of the Health and Safety Code is amended to read:25543.2.
(a) A stationary source that intends to modify a(1) Where reasonably possible, notify the administering agency
unified program agency
in writing of the stationary source’s intent to modify the facility at least five calendar days before implementing any modifications. As part of the notification process, the stationary source shall consult with the administering agency unified program agency when determining whether the RMP should be reviewed and revised. Where prenotification is not reasonably possible, the stationary source shall provide written notice to the administering agency unified program agency no later than 48 hours following the modification.
(2) Establish procedures to
manage the proposed modification, which shall be substantially similar to the procedures specified in Section 1910.119 of Title 29 of the Code of Federal Regulations pertaining to process safety management, and notify the administering agency unified program agency that the procedures have been established.
(b) The stationary source shall revise the appropriate documents, as required pursuant to subdivision (a), expeditiously, but and not later than 60 days from the date of the facility modification.
SEC. 27.
Section 7856 of the Labor Code is amended to read:7856.
By March 31, 2014, the board shall adopt process safety management standards for refineries, chemical plants, and other manufacturing facilities, as specified in Codes 28 (Chemical and Allied Products) and 29 (Petroleum Refining and Related Industries) of the Manual of Standard Industrial Classification Codes, published by the United States Office of Management and Budget, 1987 Edition, that handle regulated substances as defined in subdivisionSEC. 28.
Section 25543.3 of the Health and Safety Code is amended to read:25543.3.
On or before June 30, 1998, the office, in consultation with the Office of Environmental Health Hazard Assessment, shall do all of the following:(a) Review each regulated substance on the list established pursuant to subparagraph (B) of paragraph (2) of subdivision (g) (i) of Section 25532 and, taking into consideration the factors specified in subdivision (g) of Section 25543.1, determine if the regulated substance should remain subject to regulation under this article or should be deleted from that list of regulated substances.
(b) Review the state threshold quantity for each regulated substance that the office determines should remain on the list of regulated substances, and determine, taking into consideration the factors specified in subdivision (g) of Section 25543.1, if the state threshold quantity should be revised.
(c) Adopt regulations, which amend the list of regulated substances adopted pursuant to subparagraph (B) of paragraph (2) of subdivision (g) (i) of Section 25532, and adopt state threshold quantities for regulated substances, based on the determinations of the office under subdivisions (a) and (b).
SEC. 29.
Section 21151.4 of the Public Resources Code is amended to read:21151.4.
(a) An environmental impact report shall not be certified or a negative declaration shall not be approved for(1) The lead agency preparing the environmental impact report or negative declaration has consulted with the school district having jurisdiction regarding the potential impact of the project on the school.
(2) The school district has been given written notification of the project not less than 30 days prior to the proposed certification of the environmental impact report or approval of the negative declaration.
(b) As used in this section, For
purposes of this section, the following definitions apply:
(1) “Extremely hazardous substance” means an extremely hazardous substance as defined pursuant to paragraph (2) of subdivision (g) (i) of Section 25532 of the Health and Safety Code.
(2) “Hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air of a substance identified in subdivisions (a) to
(f), inclusive, of Section 44321 of the Health and Safety Code.
SEC. 30.
Section 21151.8 of the Public Resources Code is amended to read:21151.8.
(a) An environmental impact report shall not be certified or a negative declaration shall not be approved for a project involving the purchase of a schoolsite or the construction of a new elementary or secondary school by a school district unless all of the following occur:(1) The environmental impact report or negative declaration includes information that is needed to determine if the property proposed to be purchased, or to be constructed upon, is any of the following:
(A) The site of a current or former hazardous waste disposal site or solid waste disposal site and, if so, whether the wastes have been removed.
(B) A hazardous substance release site identified by the Department of Toxic Substances Control in a current list adopted pursuant to Section 25356 of the Health and Safety Code for removal or remedial action pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code.
(C) A site that contains one or more pipelines, situated underground or aboveground, that carries hazardous substances, extremely hazardous substances, or hazardous wastes, unless the pipeline is a natural gas line that is used only to supply natural gas to that school or neighborhood, or other nearby schools.
(D) A site that is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor.
(2) (A) The school district, as the lead agency, in preparing the environmental impact report or negative declaration has notified in writing and consulted with the administering agency in which the proposed schoolsite is located, pursuant to Section 2735.3 of Title 19 of the California Code of Regulations, and with any air pollution control district or air quality management district having jurisdiction in the area, to identify both permitted and nonpermitted facilities within that district’s authority, including, but not limited to, freeways and busy traffic corridors, large agricultural operations, and railyards, within one-fourth of a mile of the proposed schoolsite, that might reasonably be anticipated to emit hazardous emissions or handle hazardous or extremely hazardous substances or waste. The notification by the school district, as the lead agency, shall include a list of the locations for which information is sought.
(B) Each
administering agency, air pollution control district, or air quality management district receiving written notification from a lead agency to identify facilities pursuant to subparagraph (A) shall provide the requested information and provide a written response to the lead agency within 30 days of receiving the notification. The environmental impact report or negative declaration shall be conclusively presumed to comply with subparagraph (A) as to the area of responsibility of an agency that does not respond within 30 days.
(C) If the school district, as a lead agency, has carried out the consultation required by subparagraph (A), the environmental impact report or the negative declaration shall be conclusively presumed to comply with subparagraph (A), notwithstanding any failure of the consultation to identify an existing facility or other pollution source specified in subparagraph (A).
(3) The governing board of the school district makes one of the following written findings:
(A) Consultation identified no facilities of this type or other significant pollution sources specified in paragraph (2).
(B) The facilities or other pollution sources specified in paragraph (2) exist, but one of the following conditions applies:
(i) The health risks from the facilities or other pollution sources do not and will not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school.
(ii) Corrective measures required under an existing order by another agency having jurisdiction over the facilities or other pollution sources
will, before the school is occupied, result in the mitigation of all chronic or accidental hazardous air emissions to levels that do not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school. If the governing board makes a finding pursuant to this clause, it shall also make a subsequent finding, prior to
before occupancy of the school, that the emissions have been so mitigated.
(iii) For a schoolsite with a boundary that is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor, the governing board of the school district determines, through analysis pursuant to paragraph (2) of subdivision (b) of Section 44360 of the Health and Safety Code, based on appropriate air dispersion modeling, and after considering any potential mitigation measures, that the air quality at the proposed site is such that neither short-term nor long-term exposure poses significant health risks to pupils.
(C) The facilities or other pollution sources specified in paragraph (2) exist, but conditions in clause (i), (ii), or (iii) of subparagraph (B) cannot be met, and the school district is unable to locate an alternative site
that is suitable due to a severe shortage of sites that meet the requirements in subdivision (a) of Section 17213 of the Education Code. If the governing board makes this finding, the governing board shall adopt a statement of overriding considerations pursuant to Section 15093 of Title 14 of the California Code of Regulations.
(b) As used in For purposes of this section, the following definitions shall
apply:
(1) “Administering agency” means an agency authorized pursuant to Section 25502 of the Health and Safety Code to implement and enforce Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code.
(2) “Extremely hazardous substances” means an extremely hazardous substance as defined pursuant to paragraph (2) of subdivision (i) of Section 25532 of the Health and Safety Code.
(3) “Facilities” means a source with a potential to use, generate, emit, or discharge hazardous air
pollutants, including, but not limited to, pollutants that meet the definition of a hazardous substance, and whose process or operation is identified as an emission source pursuant to the most recent list of source categories published by the State Air Resources Board.
(4) “Freeway or other busy traffic corridor” means those roadways that, on an average day, have traffic in excess of 50,000 vehicles in a rural area, as defined in Section 50101 of the Health and Safety Code, and 100,000 vehicles in an urban area, as defined in Section 50104.7 of the Health and Safety Code.
(5) “Handle” has the same meaning specified in Section 25501 of the Health and Safety Code.
(6) “Hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from any substances identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code.
(1)
(7) “Hazardous substance” means any
a substance defined in Section 25316 of the Health and Safety Code.
(2)“Extremely hazardous substances” means an extremely hazardous substance as defined pursuant to paragraph (2) of subdivision (g) of Section 25532 of the Health and Safety Code.
(3)
(8) “Hazardous waste” means any
a waste defined in Section 25117 of the Health and Safety Code.
(4)
(9) “Hazardous waste disposal site” means any a
site defined in Section 25114 of the Health and Safety Code.
(5)“Hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from any substances identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code.
(6)“Administering agency” means an agency authorized pursuant to Section 25502 of the Health and Safety Code to implement and enforce Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code.
(7)“Handle” means handle as defined in Article 1 (commencing with Section 25500) of Chapter 6.95 of Division 20 of the Health and Safety Code.
(8)“Facilities” means any source with a potential to use, generate, emit, or discharge hazardous air pollutants, including, but not limited to, pollutants that meet the definition of a hazardous substance, and whose process or operation is identified as an emission source pursuant to the most recent list of source categories published by the California Air Resources Board.
(9)“Freeway or other busy traffic corridors” means those roadways that, on an average day, have traffic in excess of 50,000 vehicles in a rural area, as defined in Section 50101 of the Health and Safety Code, and 100,000 vehicles in an urban area, as defined in Section 50104.7 of the Health and Safety Code.
