Wendy Carrillo
- Democratic
- Assemblymember
- District 52
Author
(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 requires a business that handles a hazardous material (handler) , or an employee, authorized representative, agent, or designee of the handler, to, upon discovery, immediately report any release or threatened release of a hazardous material, or an actual release of a hazardous substance, as defined, to the UPA and the Office of Emergency Services, as provided. Existing law requires the office to adopt regulations implementing this requirement on or before January 1, 2022. This bill would revise that reporting requirement to require, for regulated facilities, a handler, or an employee, authorized representative, agent, or designee of the handler, to report a release or threatened release of a hazardous material, hazardous waste, or hazardous substance to the UPA and the office immediately upon discovery of the release or threatened release. The bill would require, for unregulated facilities, that reporting to be made upon the discovery of an actual release that results in an emergency response, as defined. The bill would require a handler, or an employee, authorized representative, agent, or their designee, to provide state, city, or county fire or public health or safety personnel and emergency response personnel with access to the handler's facility if there is a release or threatened release of a hazardous material, hazardous waste, or hazardous substance at the facility. (2) Under existing law, whenever a release, spill, escape, or entry of waste occurs, as specified, and the Director of Public Health or the local health officer makes specified determinations as to that waste, the director is authorized to declare a health emergency and the local health officer is authorized to declare a local health emergency in the jurisdiction or any area thereof affected by the threat to the public health. This bill would authorize, without a declaration of a local health emergency, a UPA, if a release, spill, escape, or entry, as described, of a hazardous material, hazardous waste, or hazardous substance occurs, which the UPA, in consultation with the local health officer, reasonably determines poses an imminent and substantial endangerment to public health due to specified factors, to take specified actions to protect the health and safety of the public, including, among others, issuing an order to the responsible party to immediately suspend or discontinue the activity causing or contributing to the release, spill, escape, or entry of the hazardous material, hazardous waste, or hazardous substance. The bill would preclude the UPA from issuing an order if the release, spill, escape, or entry of a hazardous material, hazardous waste, or hazardous substance falls below a reporting threshold established by the office in any regulation. The bill would require that the UPA support its order with written findings, including evidence of local health officer consultation, and that the order be consistent with criteria developed by UPAs to determine whether an imminent and substantial endangerment to public health has occurred. The bill would provide a responsible party with an opportunity to appeal the order, as provided. (3) 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 specified reasons.
Chaptered by Secretary of State - Chapter 743, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 0. Page 2827.).
Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 4. Page 2346.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 6). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1. Page 1693.) (June 28). Re-referred to Com. on JUD.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 14. Page 1845.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 20).
In committee: Set, first hearing. Referred to APPR. suspense file.
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 7). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.
From printer. May be heard in committee March 11.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB480 | HTML |
| 02/08/21 - Introduced | |
| 03/30/21 - Amended Assembly | |
| 05/24/21 - Amended Assembly | |
| 06/16/21 - Amended Senate | |
| 08/16/21 - Amended Senate | |
| 09/09/21 - Enrolled | |
| 10/09/21 - Chaptered |
| Document | Format |
|---|---|
| 04/04/21- Assembly Environmental Safety and Toxic Materials | |
| 05/10/21- Assembly Appropriations | |
| 05/25/21- ASSEMBLY FLOOR ANALYSIS | |
| 06/25/21- Senate Environmental Quality | |
| 07/02/21- Senate Judiciary | |
| 08/25/21- Sen. Floor Analyses | |
| 09/02/21- ASSEMBLY FLOOR ANALYSIS |
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