Bill Text: CA SB1261 | 2013-2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hazardous materials: business plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 715, Statutes of 2014. [SB1261 Detail]
Download: California-2013-SB1261-Introduced.html
Bill Title: Hazardous materials: business plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 715, Statutes of 2014. [SB1261 Detail]
Download: California-2013-SB1261-Introduced.html
BILL NUMBER: SB 1261 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Jackson
FEBRUARY 21, 2014
An act to amend Sections 25404.5, 25501, 25502, 25503, 25504,
25505, 25507, 25507.1, 25507.2, 25508, 25508.1, 25508.2, 25509,
25510, 25510.3, 25511, 25512, and 25515.5 of, and to repeal and add
Section 25506 of, the Health and Safety Code, relating to hazardous
materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 1261, as introduced, Jackson. Hazardous materials: business
plans.
(1) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program, including a statewide
information management system for purposes of receiving data
collected by unified program agencies. A city or local agency that
meets specified requirements is authorized to apply to the secretary
to implement the unified program and be certified as a certified
unified program agency (CUPA), and every county is required to apply
to the secretary to be certified to implement the unified program.
Existing law also requires each certified unified program agency to
institute a single fee system, which is required to include a
surcharge on each person regulated by the unified program, the amount
of which is determined by the secretary annually, to cover the
necessary and reasonable costs of the state agencies in carrying out
their responsibilities in the unified hazardous waste and hazardous
materials management regulatory program.
This bill would require the secretary, on and after January 1,
2015, until January 1, 2018, to increase this surcharge by the amount
that the secretary determines necessary to establish an emergency
business plan and inventory system for the purpose of sharing
information from the statewide information management system with
emergency response personnel for use during emergency incidents,
which the secretary and office would be required to develop. The bill
would prohibit the increase in the oversight surcharge from
exceeding $15 in any one year over that 3-year period.
(2) Existing law requires the unified program agency to implement
and enforce provisions that require a business that handles a
hazardous material to establish and implement a business plan,
including an inventory of specified information for response to a
release or threatened release of a hazardous material. The annual
inventory submittal is required to contain information on specified
hazardous materials that are handled in quantities equal to or
greater than certain quantities or as established by the governing
body of the unified program agency by a local ordinance. A violation
of the business plan requirements is a misdemeanor.
This bill would instead require the secretary, in coordination
with the office, to specify the hazardous materials inventory
required to be submitted by handlers, including the data to be
collected and submitted for hazardous materials. The bill would
revise the information required to be included in the business plan.
(3) Existing law requires a unified program agency to exempt a
business operating an unstaffed remote facility located in an
isolated sparsely populated area from specified business plan
requirements. Existing law allows a unified program agency to require
an unstaffed remote facility to submit a hazardous materials
business plan and inventory in accordance with requirements if the
agency makes specified findings.
This bill would instead require the unified program agency to
exempt from specified requirements an unstaffed facility located at
least one-half mile from the nearest occupied structure, unless
required by a local ordinance. The bill would require the facility to
make a one-time business plan submittal that would not be required
to include specified elements of the plan and would repeal the
authorization for the unified program agency to require an unstaffed
remote facility to submit a plan and inventory.
(4) Existing law requires a handler to electronically submit its
business plan to the statewide information management system, to
renew the plan at least once every 3 years to determine if a revision
is needed, and to certify to the unified program agency that the
review was made and that any necessary changes were made to the plan.
A handler is also required to annually review the business plan
information and resubmit or certify as correct the inventory
information in the statewide environmental reporting system.
This bill would instead require the handler to submit the business
plan annually to that system, and would instead require a business
to at least annually review and verify that the business plan
information in the statewide information management system meets
specified requirements.
(5) Existing law requires the unified program agency to make the
data elements and documents submitted by businesses available to the
public in a specified manner.
This bill would instead require the unified program agency to make
the information in the statewide information management system
available to the public.
(6) Existing law requires the immediate report of any release or
threatened release of a hazardous material to the unified program
agency, and to the office, in accordance with the regulations adopted
by the office.
This bill would require the office to adopt regulations by January
1, 2016, to implement these requirements.
(7) Existing law requires a business that believes that the
inventory involves the release of a trade secret, to provide this
information to the unified program agency, and notify the unified
program agency in writing of that belief on the inventory form. Upon
receiving a request for the public release of information that the
business has notified the unified program agency is a trade secret,
the unified program agency is required to follow a specified
procedure.
This bill would instead require a business that believes the
inventory involves the release of a trade secret to instead comply
with the regulations that the bill would require the office to adopt
by January 1, 2016, with regard to the designation of trade secrets.
(8) The bill would impose a state-mandated local program by
imposing new duties upon unified program agencies and by creating new
crimes with regard to the submission of business plans.
(9)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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25404.5 of the Health and Safety Code is
amended to read:
25404.5. (a) (1) Each certified unified program agency shall
institute a single fee system, which shall replace the fees levied
pursuant to Sections 25201.14 and 25205.14, except for transportable
treatment units permitted under Section 25200.2, and which shall also
replace any fees levied by a local agency pursuant to Sections
25143.10, 25287, 25513, and 25535.5, or any other fee levied by a
local agency specifically to fund the implementation of the
provisions specified in subdivision (c) of Section 25404. The single
fee system shall additionally include the fee established pursuant to
Section 25270.6. Notwithstanding Sections 25143.10, 25201.14, 25287,
25513, and 25535.5, a person who complies with the certified unified
program agency's "single fee system" fee shall not be required to
pay any fee levied pursuant to those sections, except for
transportable treatment units permitted under Section 25200.2.
(2) (A) The governing body of the local certified unified program
agency shall establish the amount to be paid by each person regulated
by the unified program under the single fee system at a level
sufficient to pay the necessary and reasonable costs incurred by the
certified unified program agency and by any participating agency
pursuant to the requirements of subparagraph (E) of paragraph (1) of
subdivision (d) of Section 25404.3.
(B) The secretary shall establish the amount to be paid when the
unified program agency is a state agency.
(3) The fee system may also be designed to recover the necessary
and reasonable costs incurred by the certified unified program
agency, or a participating agency pursuant to the requirements of
subparagraph (E) of paragraph (1) of subdivision (d) of Section
25404.3, in administering provisions other than those specified in
subdivision (c) of Section 25404, if the implementation and
enforcement of those provisions has been incorporated as part of the
unified program by the certified unified program agency pursuant to
subdivision (b) (d) of Section 25404.2,
and if the single fee system replaces any fees levied as of January
1, 1994, to fund the implementation of those additional provisions.
(4) The amount to be paid by a person regulated by the unified
program may be adjusted to account for the differing costs of
administering the unified program with respect to that person's
regulated activities.
(b) (1) (A) Except as provided in
subdivision (d), the single fee system instituted by each certified
unified program agency shall include an assessment on each person
regulated by the unified program of a surcharge, the amount of which
shall be determined by the secretary annually, to cover the necessary
and reasonable costs of the state agencies in carrying out their
responsibilities under this chapter. The secretary may adjust the
amount of the surcharge to be collected by different certified
unified program agencies to reflect the different costs incurred by
the state agencies in supervising the implementation of the unified
program in different jurisdictions, and in supervising the
implementation of the unified program in those jurisdictions for
which the secretary has waived the assessment of the surcharge
pursuant to subdivision (d). The certified unified program agency may
itemize the amount of the surcharge on any bill, invoice, or return
that the agency sends to a person regulated by the unified program.
Each certified unified program agency shall transmit all surcharge
revenues collected to the secretary on a quarterly basis. The
surcharge shall be deposited in the Unified Program Account, which is
hereby created in the General Fund and which may be expended, upon
appropriation by the Legislature, by state agencies for the purposes
of implementing this chapter.
(B) On and after January 1, 2015, until January 1, 2018, the
secretary shall increase the surcharge imposed pursuant to this
subdivision by the amount that the secretary determines necessary to
meet the requirements imposed by subdivision (c) of Section 25504.
The increase in the oversight surcharge shall not exceed fifteen
dollars ($15) in any one year over that three-year period beginning
January 2015. The secretary shall thereafter maintain the emergency
business plan and inventory system for emergency response personnel,
using the surcharge the secretary is authorized to impose pursuant to
this section.
(2) On or before January 10, 2001, the secretary shall report to
the Legislature on whether the number of persons subject to
regulation by the unified program in any county is insufficient to
support the reasonable and necessary cost of operating the unified
program using only the revenues from the fee. The secretary's report
shall consider whether the surcharge required by subdivision (a)
should include an assessment to be used to supplement the funding of
unified program agencies that have a limited number of entities
regulated under the unified program.
(c) Each certified unified program agency and the secretary shall,
before the institution of the single fee system and the assessment
of the surcharge, implement a fee accountability program designed to
encourage more efficient and cost-effective operation of the program
for which the single fee and surcharge are assessed. The fee
accountability programs shall include those elements of the
requirements of the plan adopted pursuant to former Section 25206, as
it read on January 1, 1995, that the secretary determines are
appropriate.
(d) The secretary may waive the requirement for a county to assess
a surcharge pursuant to subdivision (b), if both of the following
conditions apply:
(1) The county meets all of the following conditions:
(A) The county submits an application to the secretary for
certification on or before January 1, 1996, that incorporates all of
the requirements of this chapter, and includes the county's request
for a waiver of the surcharge, and contains documentation that
demonstrates, to the satisfaction of the secretary, both of the
following:
(i) That the assessment of the surcharge will impose a significant
economic burden on most businesses within the county.
(ii) That the combined dollar amount of the surcharge and the
single fee system to be assessed by the county pursuant to
subdivision (a) exceeds the combined dollar amount of all existing
fees that are replaced by the single fee system for most businesses
within the county.
(B) The application for certification, including the information
required by subparagraph (A), is determined by the secretary to be
complete, on or before April 30, 1996. The secretary, for good cause,
may grant an extension of that deadline of up to 90 days.
(C) The county is certified by the secretary on or before December
31, 1996.
(D) On or before January 1, 1994, the county completed the
consolidation of the administration of the hazardous waste generator
program, the hazardous materials release response plans and
inventories program, and the underground storage tank program,
referenced in paragraphs (1), (3), and (4) of subdivision (c) of
Section 25404, into a single program within the county's
jurisdiction.
(E) The county demonstrates that it will consolidate the
administration of all programs specified in subdivision (c) of
Section 25404, and that it will also consolidate the administration
of at least one additional program that regulates hazardous waste,
hazardous substances, or hazardous materials, as specified in
subdivision (d) of Section 25404.2, other than the programs specified
in subdivision (c) of Section 25404, into a single program to be
administered by a single agency in the county's jurisdiction at the
time that the county's certification by the secretary becomes
effective.
(2) The secretary makes all of the following findings:
(A) The county meets all of the criteria specified in paragraph
(1).
(B) The assessment of the surcharge would impose a significant
economic burden on most businesses within the county.
(C) The combined dollar amount of the surcharge and the single fee
system to be assessed by the county pursuant to subdivision (a)
would exceed the combined dollar amount of all existing fees that are
replaced by the single fee system for most businesses within the
county.
(D) The waiver of the surcharge for those counties applying for
and qualifying for a waiver, and the resulting increase in the
surcharge for other counties, would not, when considered
cumulatively, impose a significant economic burden on businesses in
any other county that does not apply for, or does not meet the
criteria for, a waiver of the surcharge.
(e) The secretary shall review all of the requests for a waiver of
the surcharge made pursuant to subdivision (d) simultaneously, so as
to adequately assess the cumulative impact of granting the requested
waivers on businesses in those counties that have not applied, or do
not qualify, for a waiver, and shall grant or deny all requests for
a waiver of the surcharge within 30 days from the date that the
secretary certifies all counties applying, and qualifying, for a
waiver. If the secretary finds that the grant of a waiver of the
surcharge for all counties applying and qualifying for the waiver
will impose a significant economic burden on businesses in one or
more other counties, the secretary shall take either of the following
actions:
(1) Deny all of the applications for a waiver of the surcharge.
(2) Approve only a portion of the waiver requests for counties
meeting the criteria set forth in subdivision (d), to the extent that
the approved waivers, when taken as a whole, meet the condition
specified in subparagraph (D) of paragraph (2) of subdivision (d). In
determining which of the counties' waiver requests to grant, the
secretary shall consider all of the following factors:
(A) The relative degree to which the assessment of the surcharge
will impose a significant economic burden on most businesses within
each county applying and qualifying for a waiver.
(B) The relative degree to which the combined dollar amount of the
surcharge and the single fee system to be assessed, pursuant to
subdivision (a), by each county applying and qualifying for a waiver
exceeds the combined dollar amount of all existing fees that are
replaced by the single fee system for most businesses within the
county.
(C) The relative extent to which each county applying and
qualifying for a waiver has incorporated, or will incorporate, upon
certification, additional programs pursuant to subdivision (d) of
Section 25404.2, into the unified program within the county's
jurisdiction.
(f) The secretary may, at any time, terminate a county's waiver of
the surcharge granted pursuant to subdivisions (d) and (e) if the
secretary determines that the criteria specified in subdivision (d)
for the grant of a waiver are no longer met.
SEC. 2. Section 25501 of the Health and Safety Code is amended to
read:
25501. Unless the context indicates otherwise, the following
definitions govern the construction of this article:
(a) "Agricultural handler" means a business operating a farm that
is subject to the exemption specified in Section 25507.1.
(b) "Area plan" means a plan established pursuant to Section 25503
by a unified program agency for emergency response to a release or
threatened release of a hazardous material within a city or county.
(c) "Business" means all of the following:
(1) An employer, self-employed individual, trust, firm, joint
stock company, corporation, partnership, or association.
limited liability partnership or company, or other
business entity.
(2) A business organized for profit and a nonprofit business.
(3) The federal government, to the extent authorized by law.
(4) An agency, department, office, board, commission, or bureau of
state government, including, but not limited to, the campuses of the
California Community Colleges, the California State University, and
the University of California.
(5) An agency, department, office, board, commission, or bureau of
a city, county, or district.
(6) A handler that operates a unified
program facility.
(d) "Business plan" means a separate plan for each unified
program facility, site, or branch of a business that meets the
requirements of Section 25505.
(e) (1) "Certified unified program agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in Chapter 6.11 (commencing with Section 25404) within a
jurisdiction.
(2) "Participating agency" or "PA" means an agency that has a
written agreement with the CUPA pursuant to subdivision (d) of
Section 25404.3, and is approved by the secretary, to implement or
enforce one or more of the unified program elements specified in
paragraphs (4) and (5) of subdivision (c) of Section 25404, in
accordance with Sections 25404.1 and 25404.2.
(3) "Unified program agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in paragraphs (4) and
(5) of subdivision (c) of Section 25404. For purposes of this article
and Article 2 (commencing with Section 25531), the UPAs have the
responsibility and authority, to the extent provided by this article
and Article 2 (commencing with Section 25531) and Sections 25404.1
and 25404.2, to implement and enforce only those requirements of this
article and Article 2 (commencing with Section 25531) listed in
paragraphs (4) and (5) of subdivision (c) of Section 25404.
(4) The UPAs also have the responsibility and authority, to the
extent provided by this article and Article 2 (commencing with
Section 25531) and Sections 25404.1 and 25404.2, to implement and
enforce the regulations adopted to implement the requirements of this
article and Article 2 (commencing with Section 25531) listed in
paragraphs (4) and (5) of subdivision (c) of Section 25404. After a
CUPA has been certified by the secretary, the unified program
agencies shall be the only local agencies authorized to enforce the
requirements of this article and Article 2 (commencing with Section
25531) listed in paragraphs (4) and (5) of subdivision (c) of Section
25404 within the jurisdiction of the CUPA.
(f) "City" includes any city and county.
(g) "Chemical name" means the scientific designation of a
substance in accordance with the nomenclature system developed by the
International Union of Pure and Applied Chemistry or the system
developed by the Chemical Abstracts Service.
(h) "Common name" means any designation or identification, such as
a code name, code number, trade name, or brand name, used to
identify a substance by other than its chemical name.
(i) "Compressed gas" means a material, or mixture of materials,
that meets either of the following:
(1) The definition of compressed gas or cryogenic fluid found in
the California Fire Code.
(2) Compressed gas that is regulated pursuant to Part 1
(commencing with Section 6300) of Division 5 of the Labor Code.
(j) "Emergency rescue response
personnel" means a public employee, including, but not limited to, a
firefighter or emergency rescue personnel, as defined in Section
245.1 of the Penal Code, or personnel of a local emergency medical
services (EMS) agency, as designated pursuant to Section 1797.200
, or a poison control center, as defined by Section 1797.97,
who responds to any condition caused, in whole or in part, by a
hazardous material that jeopardizes, or could jeopardize, public
health or safety or the environment. who are
responsible for response, mitigation, or recovery activities in a
medical disaster, fire, hazardous material disaster, or natural
disaster where public health, public safety, or the environment may
be impacted.
(k) "Handle" means all of the following:
(1) (A) To use, generate, process, produce, package, treat, store,
emit, discharge, or dispose of a hazardous material in any fashion.
(B) For purposes of subparagraph (A), "store" does not include the
storage of hazardous materials incidental to transportation, as
defined in Title 49 of the Code of Federal Regulations, with regard
to the inventory requirements of Section 25506.
(2) (A) The use or potential for use of a quantity of hazardous
material by the connection of a marine vessel, tank vehicle, tank
car, or container to a system or process for any purpose.
(B) For purposes of subparagraph (A), the use or potential use
does not include the immediate transfer to or from an approved
atmospheric tank or approved portable tank that is regulated as
loading or unloading incidental to transportation by Title 49 of the
Code of Federal Regulations.
( l ) "Handler" means a business that handles a
hazardous material.
(m) (1) "Hazardous material" means a
material listed in paragraph (2) that, because of its
quantity, concentration, or physical or chemical characteristics,
poses a significant present or potential hazard to human health and
safety or to the environment if released into the workplace or the
environment. "Hazardous materials" include, but are not
limited to, hazardous substances, hazardous waste, and any material
that a handler or the unified program agency has a reasonable basis
for believing that it would be injurious to the health and safety of
persons or harmful to the environment if released into the workplace
or the environment.
(n) "Hazardous substance" means any substance or chemical product
for which one of the following applies:
(2) Hazardous materials include all of the following:
(1) The
(A) A substance for which the
manufacturer or producer is required to prepare a material safety
data sheet (MSDS) for the substance or product pursuant to the
Hazardous Substances Information and Training Act (Chapter 2.5
(commencing with Section 6360) of Part 1 of Division 5 of the Labor
Code) or pursuant to any applicable federal law or regulation.
(2)
( B) The substance is listed as a
radioactive material in Appendix B of Chapter 1 (commencing with
Section 10.1) of Title 10 of the Code of Federal Regulations,
maintained and updated by the Nuclear Regulatory Commission.
(3) Hazardous materials or substances
(C) A substance listed
in Part 172 (commencing with Section 172.1) and Part 173 (commencing
with Section 173.1) of Subchapter C of Chapter I of Subtitle B of
pursuant to Title 49 of the Code of Federal
Regulations.
(4) The materials in the listings specified in subdivision (b) of
Section 6382 of the Labor Code.
(D) A substance listed in Section 339 of Title 8 of the California
Code of Regulations.
(o) "Hazardous waste" means
(E) A material listed as a
hazardous waste, as defined by Sections 25115 and 25117 and
by subdivision (g) of Section 25115, 25117, and
25316.
(p)
(n) "Office" means the Office of Emergency Services.
(q)
(o) "Release" means any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing into the environment, unless
permitted or authorized by a regulatory agency.
(r)
( p) "Secretary" means the Secretary for
Environmental Protection.
(s) "SIC or NAICS Code" means the identification number assigned
by the Standard Industrial Classification Code or the North American
Industry Classification System, as applicable, to specific types of
businesses.
(t)
( q) "Statewide information management
system" means the statewide information management system established
pursuant to subdivision (e) of Section 25404 that provides for the
combination of state and local information management systems for the
purposes of managing unified program data.
(u)
( r) "Threatened release" means a condition,
circumstance, or incident making it necessary to take immediate
action to prevent, reduce, or mitigate a release with the potential
to cause damage or harm to persons, property, or the environment.
(v)
(s) "Trade secret" means trade secrets as defined in
either subdivision (d) of Section 6254.7 of the Government Code or
Section 1061 of the Evidence Code.
(w)
( t) "Unified program facility" means all
contiguous land and structures, other appurtenances, and improvements
on the land that are subject to the requirements of paragraphs (4)
and (5) of subdivision (c) of Section 25404. For purposes of
this article, "facility" has the same meaning as unified program
facility.
SEC. 3. Section 25502 of the Health and Safety Code is amended to
read:
25502. (a) This article and Article 3 (commencing with Section
25545), as it pertains to the handling of hazardous material, and
Article 2 (commencing with Section 25531), as it pertains to the
regulation of stationary sources, shall be implemented by one of the
following:
(1) If there is a CUPA, the unified program agency.
(2) If there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
(b) The agency responsible for implementing this article, Article
2 (commencing with Section 25531), and Article 3 (commencing with
Section 25545) shall ensure full access to, and the availability of,
information submitted under this chapter to emergency rescue
response personnel and other appropriate
governmental entities within its jurisdiction.
SEC. 4. Section 25503 of the Health and Safety Code is amended to
read:
25503. (a) The office shall adopt, after public hearing and
consultation with the Office of the State Fire Marshal and other
appropriate public entities, regulations for minimum standards for
business plans and area plans. All business plans and area plans
shall meet the standards adopted by the office.
(b) The standards for business plans in the regulations adopted
pursuant to subdivision (a) shall do all of the following:
(1) Set forth minimum requirements of adequacy, and not preclude
the imposition of additional or more stringent requirements by local
government.
(2) Take into consideration and adjust for the size and nature of
the business, the proximity of the business to residential areas and
other populations, and the nature of the damage potential of its
hazardous materials in establishing standards for paragraphs (3) and
(4) of subdivision (a) of Section 25505.
(3) Take into account the existence of local area and business
plans that meet the requirements of this article so as to minimize
the duplication of local efforts, consistent with the objectives of
this article.
(4) Define what releases and threatened releases are required to
be reported pursuant to Section 25510. The office shall consider the
existing federal reporting requirements in determining a definition
of reporting releases pursuant to Section 25510.
(c) A unified program agency shall, in consultation with local
emergency response agencies, establish an area plan for emergency
response to a release or threatened release of a hazardous material
within its jurisdiction. An area plan is not a statute, ordinance, or
regulation for purposes of Section 669 of the Evidence Code. The
standards for area plans in the regulations adopted pursuant to
subdivision (a) shall provide for all of the following:
(1) Procedures and protocols for emergency rescue
response personnel, including the safety and
health of those personnel.
(2) Preemergency planning.
(3) Notification and coordination of onsite activities with state,
local, and federal agencies, responsible parties, and special
districts.
(4) Training of appropriate employees.
(5) Onsite public safety and information.
(6) Required supplies and equipment.
(7) Access to emergency response contractors and hazardous waste
disposal sites.
(8) Incident critique and followup.
(9) Requirements for notification to the office of reports made
pursuant to Section 25510.
(d) (1) The unified program agency shall submit to the office for
its review a copy of the proposed area plan within 180 days after
adoption of regulations by the office. The office shall notify the
unified program agency as to whether the area plan is adequate and
meets the area plan standards. The unified program agency shall
submit a corrected area plan within 45 days of this notice.
(2) The unified program agency shall certify to the office every
three years that it has conducted a complete review of its area plan
and has made any necessary revisions. If a unified program agency
makes a substantial change to its area plan, it shall forward the
changes to the office within 14 days after the changes have been
made.
(e) The inspection and enforcement program established pursuant to
paragraphs (2) and (3) of subdivision (a) of Section 25404.2, shall
include the basic provisions of a plan to conduct onsite inspections
of businesses subject to this article by the unified program agency.
These inspections shall ensure compliance with this article and shall
identify existing safety hazards that could cause or contribute to a
release and, where appropriate, enforce any applicable laws and
suggest preventative measures designed to minimize the risk of the
release of hazardous material into the workplace or environment. The
requirements of this paragraph do not alter or affect the immunity
provided to a public entity pursuant to Section 818.6 of the
Government Code.
SEC. 5. Section 25504 of the Health and Safety Code is amended to
read:
25504. (a) The Legislature hereby finds and declares that persons
attempting to do business in this state are increasingly
experiencing excessive and duplicative regulatory requirements at
different levels of government.
(b) To streamline and ease the regulatory burdens of doing
business in this state, compliance with Section 25505 shall also
suffice to meet the requirements for a Hazardous Materials Management
Plan and the Hazardous Materials Inventory Statement as set forth in
the California Fire Code and its appendices, to the extent that the
information in the California Fire Code is contained in Section
25505.
(c) The unified program agency
shall provide access to the information collected in the statewide
information management system to those agencies with shared
responsibilities for the protection of the public health and safety
and the environment. emergency response personnel. The
secretary and the office, in consultation with the State Fire
Marshal, shall develop an emergency business plan and inventory
system to provide this information in an electronic format usable by
emergency response personnel. In addition to any funding that becomes
available, the secretary shall implement this system using the
surcharge imposed pursuant to subparagraph (B) of paragraph (1) of
subdivision (b) of Section 25404.5.
(d) The enforcement of this article by unified program agencies
and the California Fire Code by those agencies required to enforce
the provisions of that code shall be coordinated.
(e) (1) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that files
the annual inventory form in compliance with
inventory of information required by this article and the
addendum adopted pursuant to paragraph (4), if required by the local
fire chief, shall be deemed to have met the requirements for a
Hazardous Materials Inventory Statement, as set forth in the
California Fire Code and its appendices.
(2) Notwithstanding Section 13143.9, and the standards and
regulations adopted pursuant to that section, a business that
establishes and maintains a business plan for emergency response to a
release or a threatened release of a hazardous material in
accordance with Section 25505, shall be deemed to have met the
requirements for a Hazardous Materials Management Plan, as set forth
in the California Fire Code and its appendices.
(3) Except for the addendum required by the local fire chief
pursuant to paragraph (4), the unified program agency shall be the
sole enforcement agency for purposes of determining compliance
pursuant to paragraphs (1) and (2).
(4) The office shall, in consultation with the unified program
agencies and the State Fire Marshal, adopt by regulation a single
comprehensive addendum for hazardous materials reporting for the
purposes of complying with subdivisions (b) and (c) of Section
13143.9 and subdivision (b) of Section 25506. The unified program
agency shall require businesses to annually use that addendum when
complying with subdivisions (b) and (c) of Section 13143.9 and
subdivision (b) of Section 25506. A business shall file the addendum
with the unified program agency when required by the local fire chief
pursuant to subdivision (b) of Section 13143.9 or subdivision (b) of
Section 25506.
(f) Except as otherwise expressly provided in this section, this
section does not affect or otherwise limit the authority of the local
fire chief to enforce the California Fire Code.
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 or required by state law. This
information 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 north orientation, 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. Updates to existing maps to meet these requirements shall
be completed by January 1, 2015. 2017.
(3) Emergency response plans and procedures in the event of a
reportable 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 rescue 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 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
Department of Transportation, found in Part 195 (commencing with
Section 195.1) 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 25506 of the Health and Safety Code is repealed.
25506. (a) The annual inventory submittal shall contain, but
shall not be limited to, information on all of the following that are
handled in quantities equal to or greater than the quantities
specified in subdivision (a) of Section 25507 or as established by
the governing body of the unified program agency by a local
ordinance:
(1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.
(2) The category of waste, including the general chemical
composition of the waste listed by probable maximum and minimum
concentrations, of every hazardous waste handled by the business.
(3) A listing of the chemical name and common names of every other
hazardous material or mixture containing a hazardous material
handled by the business that is not otherwise listed pursuant to
paragraph (1) or (2).
(4) The maximum amount of each hazardous material or mixture
containing a hazardous material disclosed in paragraphs (1), (2), and
(3) that is handled at any one time by the business over the course
of the year.
(5) Sufficient information on how and where the hazardous
materials disclosed in paragraphs (1), (2), and (3) are handled by
the business to allow fire, safety, health, and other appropriate
personnel to prepare adequate emergency responses to potential
releases of the hazardous materials.
(6) The SIC or NAICS Code for the business, to the extent that
applicable codes exist that represent that business.
(7) The name and telephone number of the person representing the
business and able to assist emergency personnel in the event of an
emergency involving the business during nonbusiness hours.
(b) If required by the local fire chief, the business shall also
file the addendum required by paragraph (4) of subdivision (e) of
Section 25504.
(c) (1) Except as provided in subdivision (d), the annual
inventory information required by this section shall also include all
inventory information required by Section 11022 of Title 42 of the
United States Code.
(2) The office may adopt or amend existing regulations specifying
the inventory information required by this subdivision.
(d) If, pursuant to federal law or regulation, as it currently
exists or as it may be amended, the office determines that the
inventory information required by subdivisions (a) and (c) is
substantially equivalent to the inventory information required under
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Sec. 11001 et seq.), the requirements of subdivisions (a) and
(c) shall not apply.
SEC. 8. Section 25506 is added to the Health and Safety Code, to
read:
25506. (a) The secretary, in coordination with the office, shall
specify the hazardous materials inventory that shall be submitted by
handlers and the data to be collected and submitted for hazardous
materials in quantities equal to or greater than the quantities
specified in Section 25507 or as otherwise established by the
governing body of the unified program agency by a local ordinance.
(b) If required by the local fire chief, the business shall also
file the addendum required by paragraph (4) of subdivision (e) of
Section 25504.
(c) (1) Except as provided in subdivision (d), the inventory
information required by this section shall also include all inventory
information required by Section 11022 of Title 42 of the United
States Code.
(2) The office may adopt or amend existing regulations specifying
the inventory information required by this subdivision.
(d) If, pursuant to federal law or regulation, as it currently
exists or as it may be amended, the office determines that the
inventory information required by subdivisions (a) and (c) is
substantially equivalent to the inventory information required under
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Sec. 11001 et seq.), the requirements of subdivisions (a) and
(c) shall not apply.
SEC. 9. Section 25507 of the Health and Safety Code is amended to
read:
25507. (a) Except as provided in this article, a
business facility shall establish and implement
a business plan for emergency response to a release or threatened
release of a hazardous material in accordance with the standards
prescribed in the regulations adopted pursuant to Section 25503 if
the business facility meets any of the
following conditions:
(1) (A) The business
facility handles a hazardous material or a mixture containing
a hazardous material that has a quantity at any one time during the
reporting year that is equal to, or greater than, 55 gallons for
materials that are liquids, 500 pounds for solids, or 200 cubic feet
for compressed gas , as defined in subdivision (i) of section
25505 . The physical state and quantity present of mixtures
shall be determined by the physical state of the mixture as whole,
not individual components, at standard temperature and pressure.
(B) For the purpose of this section,
for compressed gases, if a hazardous material or mixture is
determined to exceed threshold quantities at standard
temperature and pressure, it shall be reported in the physical state
at which it is stored. If the material is an extremely hazardous
substance, as defined in Section 355.61 of Title 40 of the Code of
Federal Regulations, all amounts shall be reported in pounds.
(2) The business is required to submit chemical inventory
information pursuant to Section 11022 of Title 42 of the United
States Code.
(3) The business facility handles at
any one time during the reporting year an amount of a hazardous
material that is equal to, or greater than the threshold planning
quantity, under both of the following conditions:
(A) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
(4) (A) The
business facility handles at any one time during
the reporting year a total weight of 5,000 pounds for solids or a
total volume of 550 gallons for liquids, if the hazardous material is
a solid or liquid substance that is classified as a hazard for
purposes of Section 5194 of Title 8 of the California Code of
Regulations solely as an irritant or sensitizer, unless the
unified program agency finds, and provides notice to the business
handling the product, that the handling of lesser quantities of that
hazardous material requires the submission of a business plan, or any
portion of a business plan, in response to public health, safety, or
environmental concerns. sensitizer.
(B) The unified program agency shall make the findings required by
subparagraph (A) in consultation with the local fire chief.
(5) (A) The business handles at any one time during the reporting
year a total of 1,000 cubic feet, if the hazardous material is a
compressed gas and is classified as a hazard for the purposes of
Section 5194 of Title 8 of the California Code of Regulations solely
as a compressed gas, unless the unified program agency finds, and
provides notice to the business handling the product, that the
handling of lesser quantities of that hazardous material requires the
submission of a business plan, or any portion thereof, in response
to public health, safety, or environmental concerns.
(B) The unified program agency shall make the findings required by
subparagraph (A) in consultation with the local fire chief.
(C) The hazardous materials subject to subparagraph (A) include a
gas for which the only health and physical hazards are simple
asphyxiation and the release of pressure.
(D) The hazardous materials subject to subparagraph (A) do not
include gases in a cryogenic state.
(5) The facility handles at any one time during the reporting year
cryogenic, refrigerated, or compressed gas in a quantity of 1,000
cubic feet or more at standard temperature and pressure, if the gas
is any of the following:
(A) Classified as a hazard for the purposes of Section 5194 of
Title 8 of the California Code of Regulations only for hazards due to
simple asphyxiation or the release of pressure.
(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a
physician, dentist, podiatrist, veterinarian, pharmacist, or
emergency medical service provider at his or her place of business.
(C) Carbon dioxide.
(D) Refrigerant gases other than ammonia in a closed cooling
systems used for air conditioning and refrigeration.
(E) Gases used in closed fire suppression systems.
(6) The business facility handles a
radioactive material at any one time during the reporting year that
is handled in quantities for which an emergency plan is required to
be adopted pursuant to Part 30 (commencing with Section 30.1), Part
40 (commencing with Section 40.1), or Part 70 (commencing with
Section 70.1), of Chapter 1 of Title 10 of the Code of Federal
Regulations, or pursuant to any regulations adopted by the state in
accordance with those regulations.
(7) The business facility handles
perchlorate material, as defined in subdivision (c) of Section
25210.5, in a quantity at any one time during the reporting year that
is equal to, or greater than, the thresholds listed in paragraph
(1).
(b) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained by
a physician, dentist, podiatrist, veterinarian, or pharmacist, at his
or her office or place of business, stored at each office or place
of business in quantities of not more than 1,000 cubic feet of each
material at any one time, are exempt from this section and from
Section 25506. The unified program agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.
(b) Compressed air in cylinders, bottles, and tanks used by fire
departments and other emergency response organizations for the
purpose of emergency response and safety are exempt from this
article.
(c) (1) Lubricating oil is exempt from this section and Sections
25506 and 25508, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.
(2) For purposes of this paragraph, "lubricating oil" means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(d) Oil-filled electrical equipment that is not contiguous to an
electric facility is exempt from this section and Sections 25506 and
25508 if the aggregate capacity is less than 1,320 gallons.
(d) Both of the following are exempt from this section and
Sections 25506 and 25508 if the aggregate storage capacity of oil at
the facility is less than 1,320 gallons:
(1) Fluid in a hydraulic system.
(2) Oil-filled electrical equipment that is not contiguous to an
electric facility.
(e) Hazardous material contained solely in a consumer product
for direct distribution to, and use by, the general public
is exempt from the business plan requirements of this article unless
the unified program agency has found, and has provided notice to the
business handling the product, that the handling of certain
quantities of the product requires the submission of a business plan,
or any portion thereof, in response to public health, safety, or
environmental concerns. , found in a retail
establishment and intended for sale to, and for the use
by, the public, is exempt from the business plan requirements of this
article.
(f) On-premises use, storage, or both, of propane in an amount not
to exceed 500 gallons that is for the sole purpose of cooking,
heating employee work areas, and heating water, within that business,
is exempt from this section, unless the uniform program agency
finds, and provides notice to the business handling the propane, that
the handling of the on-premise propane requires the submission of a
business plan, or any portion of a business plan, in response to
public health, safety, or environmental concerns.
(f)
(g) In addition to the authority specified
in subdivision (h) (i) , the governing
body of the unified program agency may, in exceptional circumstances,
following notice and public hearing, exempt a hazardous
substance material specified in subdivision
(o) (m) of Section 25501 from Section
25506, if it is found that the hazardous substance
material would not pose a present or potential danger to
the environment or to human health and safety if the hazardous
substance material was released into
the environment. The unified program agency shall send a notice to
the office and the secretary within 15 days from the effective date
of any exemption granted pursuant to this subdivision.
(g)
(h) The unified program agency, upon
application by a handler, may exempt the handler, under conditions
that the unified program agency determines to be proper, from any
portion of the requirements to establish and maintain a business
plan, upon a written finding that the exemption would not pose a
significant present or potential hazard to human health or safety or
to the environment, or affect the ability of the unified program
agency and emergency rescue response
personnel to effectively respond to the release of a hazardous
material, and that there are unusual circumstances justifying the
exemption. The unified program agency shall specify in writing the
basis for any exemption under this subdivision.
(h)
(i) The unified program agency, upon application by a
handler, may exempt a hazardous material from the inventory
provisions of this article upon proof that the material does not pose
a significant present or potential hazard to human health and safety
or to the environment if released into the workplace or environment.
The unified program agency shall specify in writing the basis for
any exemption under this subdivision.
(i)
(j) The unified program agency shall adopt procedures
to provide for public input when approving applications submitted
pursuant to subdivisions (g) and (h) and (i)
.
SEC. 10. Section 25507.1 of the Health and Safety Code is amended
to read:
25507.1. (a) A unified program agency shall exempt a business
operating a farm for purposes of cultivating the soil or raising or
harvesting any agricultural or horticultural commodity from filing
the information in the business plan required by paragraphs (3) and
(4) of subdivision (a) of Section 25505 if all of the following
requirements are met:
(1) The agricultural handler annually submits the facility
information and inventory of information
required by Section 25505 2550 6
to the statewide information management system.
(2) Each building in which hazardous materials subject to this
article are stored is posted with signs, in accordance with
regulations that the office shall adopt, that provide notice of the
storage of any of the following:
(A) Pesticides.
(B) Petroleum fuels and oil.
(C) Types of fertilizers.
(3) The agricultural handler provides the training programs
specified in paragraph (4) of subdivision (a) of Section 25505.
(b) The unified program agency may designate the county
agricultural commissioner to conduct the inspections of agricultural
handlers. The agricultural commissioner shall schedule and conduct
inspections in accordance with Section 25511.
SEC. 11. Section 25507.2 of the Health and Safety Code is amended
to read:
25507.2. (a) The
unified program agency shall exempt a business operating an unstaffed
remote facility located in an isolated sparsely populated area from
Sections 25506 and 25507 Unless required by a local
ordinance, the unified program agency shall exempt an unstaffed
facility located at least one-half mile from the nearest occupied
structure from Sections 25508.2 and 25511, and shall subject the
facility to Sections 25505, 25506, and 25507 only as specified in
this section, if the facility is not otherwise subject to the
requirements of applicable federal law, and all of the following
requirements are met:
(1)
(a) The types and quantities of materials onsite are
limited to one or more of the following:
(A)
(1) One thousand standard cubic feet of compressed
inert gases (asphyxiation and pressure hazards only).
(B)
(2) Five hundred gallons of combustible liquid used as
a fuel source.
(C) Two hundred gallons of corrosive liquids used as electrolytes
in closed containers.
(3) Corrosive liquids, not to exceed 500
pounds of extremely hazardous substances, used as electrolytes, and
in closed containers .
(D)
(4) Five hundred gallons of lubricating and hydraulic
fluids.
(E)
(5) One thousand two hundred gallons of
flammable hydocarbon gas used as a fuel source.
(F)
(6) Any quantity of mineral oil contained within
electrical equipment, such as transformers, bushings, electrical
switches, and voltage regulators, if the spill prevention control and
countermeasure plan has been prepared for quantities that meet or
exceed 1,320 gallons.
(2)
(b) The facility is secured and not accessible to the
public.
(3)
(c) Warning signs are posted and maintained for
hazardous materials pursuant to the California Fire Code.
(4) A one-time notification and inventory are provided to the
unified program agency along with a processing fee in lieu of the
existing fee. The fee shall not exceed the actual cost of processing
the notification and inventory, including a verification inspection,
if necessary.
(5) If the information contained in the initial notification or
inventory changes and the time period of the change is longer than 30
days, the notification or inventory shall be resubmitted within 30
days to the unified program agency to reflect the change, along with
a processing fee, in lieu of the existing fee, that does not exceed
the actual cost of processing the amended notification or inventory,
including a verification inspection, if necessary.
(6) The unified program agency shall forward a copy of the
notification and inventory to those agencies that share
responsibility for emergency response.
(7) The unified program agency may require an unstaffed remote
facility to submit a hazardous materials business plan and inventory
in accordance with this article if the agency finds that special
circumstances exist so
that development and maintenance of the business plan and inventory
are necessary to protect the public health and safety and the
environment.
(b) On-premises use, storage, or both, of propane in an amount not
to exceed 500 gallons that is for the sole purpose of cooking,
heating the employee work areas, and heating water, within that
business, is exempt from Section 25507, unless the uniform program
agency finds, and provides notice to the business handling the
propane, that the handling of the on-premise propane requires the
submission of a business plan, or any portion of a business plan, in
response to public health, safety, or environmental concerns.
(d) (1) Notwithstanding Sections 25505 and 25507, a one-time
business plan, except for the emergency response plan and training
elements specified in paragraphs (3) and (4) of subdivision (a) of
Section 25505, is submitted to the statewide information management
system. This one-time business plan submittal is subject to a
verification inspection by the unified program agency and the unified
program agency may assess a fee not to exceed the actual costs of
processing and for inspection, if an inspection is conducted.
(2) If the information contained in the one-time submittal of the
business plan changes and the time period of the change is longer
than 30 days, the business plan shall be resubmitted within 30 days
to the statewide information management system to reflect any change
in the business plan. A fee not to exceed the actual costs of
processing and inspection, if conducted, may be assessed by the
unified program agency.
(c)
(e) The unified program agency shall provide all
information obtained from completed inventory forms, upon request, to
emergency rescue response personnel on
a 24-hour basis.
SEC. 12. Section 25508 of the Health and Safety Code is amended to
read:
25508. (a) (1) A handler shall electronically submit its business
plan annually to the statewide information management
system in accordance with the requirements of this article and
certify that the business plan meets the requirements of this
article.
(2) If, after review, the unified program agency determines that
the handler's business plan is deficient in satisfying the
requirements of this article or the regulations adopted pursuant to
Section 25503, the unified program agency shall notify the handler of
those deficiencies. The handler shall electronically submit a
corrected business plan within 30 days from the date of the notice.
(3) If a handler fails, after reasonable notice, to electronically
submit a business plan in compliance with this article, the unified
program agency shall take appropriate action to enforce this article,
including the imposition of civil
administrative, civil, and criminal penalties as specified in
this article.
(4) For data not adopted in the manner established under the
standards adopted pursuant to subdivision (e) of Section 25404, and
that is reported using a document format, the use of a reporting
method accepted by the statewide information management system shall
be considered compliant with the requirement to submit that data. If
the reporting option used does not support public records requests
from the public, the handler shall provide requested documents to the
unified program agency within 10 business days of a request from the
unified program agency.
(b) A handler shall review the business plan submitted pursuant to
subdivision (a) at least once every three years to determine if a
revision is needed and shall certify to the unified program agency
that the review was made and that any necessary changes were made to
the plan.
(c) Unless exempted from the business plan requirements under this
article, a handler shall annually review the business plan
information and resubmit or certify as correct the inventory
information in the statewide environmental reporting system.
(d) A
( b) Except as required by
paragraph (1) of subdivision (a) of Section 65850.2 of the Government
Code, a business required to establish, implement, and
electronically submit a business plan pursuant to subdivision (a)
shall not be deemed to be in violation of this article until 30 days
after the business becomes subject to subdivision (a),
unless the unified program agency requests the business to establish,
implement, and electronically submit the business plan at an earlier
date. (a).
SEC. 13. Section 25508.1 of the Health and Safety Code is amended
to read:
25508.1. Within 30 days of any one of the following events, a
business subject to this article shall electronically update the
information submitted to the statewide information management system:
(a) A 100 percent or more increase in the quantity of a previously
disclosed material.
(b) Any handling of a previously undisclosed hazardous material
subject to the inventory requirements of this article.
(c) Change of business address.
(d) Change of business ownership.
(e) Change of business name.
(f) (1) A substantial change in the handler's operations occurs
that requires modification to any portion of the business plan.
(2) For the purposes of this subdivision, "substantial change"
means any change in a regulated facility that would inhibit immediate
response during an emergency by either site personnel or emergency
rescue response personnel, or that
could inhibit the handler's ability to comply with Section 25507,
change the operational knowledge of the facility, or impede
implementation of the business plan.
SEC. 14. Section 25508.2 of the Health and Safety Code is amended
to read:
25508.2. At least once every 12 months, the business owner,
operator, or officially designated representative shall review
and certify that the information in the statewide
information management system has been verified and is complete,
accurate, and up to date and that it contains the information
required by Section 11022 of Title 42 of the United States Code. An
annual electronic submittal to the statewide information management
system satisfies this requirement. , and verify that
the information in the business plan submitted pursuant to Section
25508 in the statewide information management system is complete,
accurate, up to date, and in compliance with Section 11022 of Title
42 of the United States Code. The annual electronic
submittal to the statewide information management system required
pursuant to Section 25508 satisfies this section.
SEC. 15. Section 25509 of the Health and Safety Code is amended to
read:
25509. (a) The unified program agency shall update
maintain its administrative procedures with
regard to maintaining records and responding to requests for
information in accordance with Subdivision 4 (commencing with Section
15100) of Division 1 of, and Division 3 of, Title 27 of the
California Code of Regulations, as those regulations read on January
1, 2014. The
(b) The unified program agency
shall make the data elements and documents
information in the statewide information management system
submitted pursuant to this article available for public inspection
during the regular working hours of the unified program agency,
except the data elements and documents
information specifying the precise location where hazardous
materials are stored and handled onsite, including any maps required
by paragraph (2) of subdivision (a) of Section 25505, shall
not be available for inspection. The unified. 25505.
(c) The unified program agency
shall make the data elements and documents
information in the statewide information management system
submitted pursuant to this article available to a requesting
government agency that is authorized by law to access the
information.
(b)
( d) A person who submits inventory
information required under Section 25506 with the unified program
agency shall be deemed to have filed the inventory form required by
Section 11022(a) of Title 42 of the United States Code with the state
emergency response commission and local emergency
planning committee committees
established pursuant to Section 11001 of Title 42 of the United
States Code.
(c) The unified program agency shall, upon request, transmit the
information collected pursuant to this chapter to the Chemical
Emergency Planning and Response Commission, established by the
Governor as the state emergency response commission pursuant to
Section 11001(a) of Title 42 of the United States Code, and to the
local emergency planning committee established pursuant to Section
11001(c) of Title 42 of the United States Code.
SEC. 16. Section 25510 of the Health and Safety Code is amended to
read:
25510. (a) Except as provided in subdivision (b), the handler or
an employee, authorized representative, agent, or designee of a
handler, shall, upon discovery, immediately report any release or
threatened release of a hazardous material to the unified program
agency, and to the office, in accordance with the regulations adopted
pursuant to Section 25503. The handler or an employee, authorized
representative, agent, or designee of the handler shall provide all
state, city, or county fire or public health or safety personnel and
emergency rescue personnel with access to the handler's facilities.
(b) Subdivision (a) does not apply to a person engaged in the
transportation of a hazardous material on a highway that is subject
to, and in compliance with, the requirements of Sections 2453 and
23112.5 of the Vehicle Code.
(c) On or before January 1, 2016, the office shall adopt
regulations to implement this section. In developing these
regulations, the office shall closely consult with representatives
from regulated entities, appropriate trade associations, fire service
organizations, federal, state, and local organizations, including
unified program agencies, and other interested parties.
(d) The unified program agency shall maintain one or more
nonemergency contact numbers for release reports that do not require
immediate agency response. The unified program agency shall promptly
communicate changes to this information to regulated facilities and
to the office.
SEC. 17. Section 25510.3 of the Health and Safety Code is amended
to read:
25510.3. The emergency rescue response
personnel, responding to the reported release or threatened
release of a hazardous material, or of a regulated substance, as
defined in Section 25532, or to any fire or explosion involving a
material or substance that involves a release that would be required
to be reported pursuant to Section 25510, shall immediately advise
the superintendent of the school district having jurisdiction, where
the location of the release or threatened release is within one-half
mile of a school.
SEC. 18. Section 25511 of the Health and Safety Code is amended to
read:
25511. (a) In order to carry out the purposes of this article and
Article 2 (commencing with Section 25531), an employee or authorized
representative of a unified program agency has the authority
specified in Section 25185, with respect to the premises of a
handler, and in Section 25185.5, with respect to real property that
is within 2,000 feet of the premises of a handler, except that this
authority shall include conducting inspections concerning hazardous
material, in addition to hazardous waste.
(b) In addition to the requirements of Section 25537, the unified
program agency shall conduct inspections of every business subject to
this article at least once every three years to determine if the
business is in compliance with this article. The unified program
agency shall give priority, when conducting these inspections, to
inspecting facilities that are required to prepare a risk management
plan pursuant to Article 2 (commencing with Section 25531). In
establishing a schedule for conducting inspections pursuant to this
section, the unified program agency may adopt and use an index of the
volatility, toxicity, and quantity of regulated substances and
hazardous materials. A unified program agency shall attempt to
schedule the inspections conducted pursuant to this section and
Section 25537, when applicable, during the same time period.
(c) The unified program agency may designate the county
agricultural commissioner to conduct the inspection of agricultural
handlers for purposes of Section 25507.1.
(c) Pursuant to a written agreement, the unified program agency
may designate the county agricultural commissioner to conduct the
inspection of agricultural handlers for purposes of Section 25507.1.
The agreement shall address the inspection, reporting, training,
enforcement and cost recovery requirements to conduct the inspection
of agricultural handlers. If designated, the agricultural
commissioner shall schedule and conduct inspections in accordance
with this section.
SEC. 19. Section 25512 of the Health and Safety Code is amended to
read:
25512. (a) As used in this section, "trade secret" means a trade
secret as defined in either subdivision (d) of Section 6254.7 of the
Government Code or Section 1061 of the Evidence Code.
(b) (1) If a business believes that the inventory required by this
article involves the release of a trade secret, the business shall
nevertheless provide this information to the unified program agency,
and shall notify the unified program agency in writing of
that belief on the inventory form. comply with the
regulations adopted by the office pursuant to this section.
(2) On or before January 1, 2016, the office, in consultation with
the secretary, shall adopt regulations for a business to designate
information as a trade secret.
(2)
( 3) Subject to subdivisions (d) and (e),
the unified program agency shall protect from disclosure any
information designated as a trade secret by the business pursuant to
paragraph (1).
(c) (1) Upon the receipt of a request for the release of
information to the public that includes information that the business
has notified the unified program agency is
designated as a trade secret pursuant to the
regulations adopted by the office pursuant to
paragraph (1) (2) of subdivision (b),
the unified program agency shall notify the business in writing of
the request by certified mail, return receipt requested.
(2) The unified program agency shall release the requested
information to the public 30 days or more after the date of mailing
to the business the notice of the request for information, unless,
prior to the expiration of the 30-day period, the business 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 unified program agency of that action.
(3) This subdivision does not permit a business to refuse to
disclose the information required pursuant to this section
article to the unified program agency.
statewide information management system using the
regulations adopted by the office pursuant to subdivision
(b).
(d) Except as provided in subdivision (c), any information that
has been designated as a trade secret by a business is confidential
information for purposes of this section and shall not be disclosed
to anyone except the following:
(1) An officer or employee of the county, city, state, or the
United States, in connection with the official duties of that officer
or employee under any law for the protection of health, or
contractors with the county, city, or state and their employees if,
in the opinion of the unified program agency, disclosure is necessary
and required for the satisfactory performance of a contract, for
performance of work, or to protect the health and safety of the
employees of the contractor.
(2) A physician if the physician certifies in writing to the
unified program agency that the information is necessary to the
medical treatment of the physician's patient.
(e) A physician who, by virtue of having obtained possession of,
or access to, confidential information, and who, knowing that
disclosure of the information to the general public is prohibited by
this section, knowingly and willfully discloses the information in
any manner to a person not entitled to receive it, is guilty of a
misdemeanor.
(f) An officer or employee of the county or city, or former
officer or employee who, by virtue of that employment or official
position, has possession of, or has access to, confidential
information, and who, knowing that disclosure of the information to
the general public is prohibited by this section, knowingly and
willfully discloses the information in any manner to a person not
entitled to receive it, is guilty of a misdemeanor. A contractor with
the county or city and an employee of the contractor, who has been
furnished information as authorized by this section, shall be
considered an employee of the county or city for purposes of this
section.
SEC. 20. Section 25515.5 of the Health and Safety Code is amended
to read:
25515.5. (a) All criminal penalties collected pursuant to this
article shall be apportioned in the following manner:
(1) Fifty percent shall be paid to the office of the city
attorney, district attorney, or Attorney General, whichever office
brought the action.
(2) Fifty percent shall be paid to the agency which is responsible
for the investigation of the action.
(b) All civil penalties collected pursuant to this chapter shall
be apportioned in the following manner:
(1) Fifty percent shall be paid to the office of the city
attorney, district attorney, or Attorney General, whichever office
brought the action.
(2) Fifty percent shall be paid to the agency responsible for the
investigation of the action.
(c) If a reward is paid to a person pursuant to Section
25517 25516 , the amount of the reward shall be
deducted from the amount of the criminal or civil penalty before the
amount is apportioned pursuant to subdivisions (a) and (b).
SEC. 21. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act or because costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
