AB 408

Bill Subjects

Abstract

(1) Existing law provides that the expense of a public agency's emergency response to the release, escape, or burning of hazardous substances is a charge against the person whose negligence caused the incident if the incident necessitated an evacuation beyond the property of origin or results in the spread of hazardous substances or fire beyond the property of origin. Existing law defines "hazardous substance" for purposes of these provisions. This bill would instead provide that these expenses are a charge against the person whose negligence caused the incident if the incident necessitated an evacuation from the building, structure, property, or public right-of-way where the incident originates, or the incident results in the spread of hazardous substances or fire beyond the building, structure, property, or public right-of-way where the incident originates. The bill would also revise the definition of "hazardous substance" for purposes of these provisions. (2) Existing law requires any person generating hazardous waste that is transported, or submitted for transportation, for offsite handling, treatment, storage, disposal, or any combination thereof, to complete a manifest and establishes a procedure for a consolidated manifest to be used by generators and transporters for certain types of hazardous waste. A generator using the consolidated manifesting procedure is required to meet specified requirements, including having an identification number. A violation of the hazardous waste control laws is a crime. This bill would allow the consolidating manifesting procedure to be used for the receipt, by a transporter, of one shipment of used oil from a generator whose identification number has been suspended, if certain requirements are met. The bill would provide that this exemption would become inoperative on and after January 1, 2014. Since a violation of these requirements would be a crime, the bill would impose a state-mandated local program. (3) Existing law defines the term recyclable latex paint and prohibits any person from disposing of latex paint in a specified manner. Existing law allows recyclable latex paint to be accepted at a location if specified requirements are met concerning the management of that paint and exempts a person transporting recyclable latex paint from the manifest and hazardous waste transportation requirements. Existing law also exempts a person recycling recyclable latex paint from hazardous waste facilities permitting requirements. This bill would revise those provisions to allow a location that accepts recyclable latex paint to also accept oil-based paint, as defined, under specified circumstances with regard to the establishment and operation of the location under the architectural paint recovery program administered by the Department of Resources Recycling and Recovery (CalRecycle) . The bill would additionally prohibit the disposal of oil-based paint in that specified manner and would impose additional requirements upon the collection of recyclable latex paint. The bill would require a person to recycle, treat, store, or dispose of oil-based paint only at a facility that is authorized by the department pursuant to the applicable hazardous waste facilities permit requirements or at an out-of-state facility authorized by the state where the facility is located. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program by creating new crimes. (4) Existing law requires a business that handles a hazardous material to adopt a business plan for response to the release of hazardous materials, and to annually submit an inventory to the local administering agency if the business handles a specified amount of hazardous materials at any one time during the reporting year. This bill would additionally require a business to adopt the plan or inventory for specified lesser or greater amounts of various classes of hazardous materials if the hazardous materials meet certain requirements. The bill would add exemptions for certain oil-filled electrical equipment and mineral oil contained within certain electrical equipment. The bill also would revise the exemption for the on-premise use or storage of propane. The administering agency would be required to make findings regarding the regulation of certain of these hazardous materials in consultation with the local fire chief. The bill would impose a state-mandated local program by imposing new duties upon administering agencies with regard to business plans. (5) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program, and every county is required to apply to the secretary to be certified to implement the unified program. This bill would additionally include, in the unified program, persons operating a collection location that has been established under an architectural paint stewardship plan approved by CalRecycle as part of the architectural paint recovery program, thereby imposing a state-mandated local program by imposing new duties upon local agencies. (6) The bill would make conforming changes regarding the California Fire Code to provisions regarding the unified hazardous waste and hazardous materials management regulatory program and the business plan requirements. (7) The California Integrated Waste Management Act of 1989, administered by CalRecycle, establishes an architectural paint recovery program that requires a manufacturer or designated stewardship organization to submit an architectural paint stewardship plan to CalRecycle and to implement the plan, as specified. A manufacturer is required to submit a report to CalRecycle by July 1, 2013, and each year thereafter, describing its paint recovery efforts. This bill would revise the definition of the term "architectural paint" for purposes of the program and would require the annual report to be submitted on or before September 1. The bill would make other technical revisions to the program. (8) This bill would incorporate additional changes in Section 25217.2 of the Health and Safety Code, proposed in AB 255, that would become operative only if AB 255 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last, in which case Section 25217.2 of the Health and Safety Code, as amended by this bill, would remain operative only until the operative date of AB 255, at which time the changes proposed by both bills would become operative. (9) This bill would incorporate additional changes in Section 25404 of the Health and Safety Code, proposed in SB 456, that would become operative only if SB 456 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last, in which case Section 25404 of the Health and Safety Code, as amended by this bill, would remain operative only until the operative date of SB 456, at which time the changes proposed by both bills would become operative. (10) 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 specified reasons. (11) The bill would declare that it is to take effect immediately as an urgency statute.