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AB-1646 Hazardous materials: risk management plans: petroleum refineries.(2017-2018)

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Date Published: 04/27/2017 09:00 PM
AB1646:v98#DOCUMENT

Amended  IN  Assembly  April 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1646


Introduced by Assembly Member Muratsuchi

February 17, 2017


An act to add Section 25536.6 to the Health and Safety Code, relating to hazardous materials.


LEGISLATIVE COUNSEL'S DIGEST


AB 1646, as amended, Muratsuchi. Hazardous materials: risk management plans: petroleum refineries.
Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program. Existing law requires every county to apply to the secretary to be certified to implement the unified program and allows a city or local agency to implement the unified program as a unified program agency, or UPA.
Existing law imposes certain requirements on stationary sources handling regulated substances, as defined, including, among other things, the preparation and implementation of a risk management plan. Existing law requires the UPA to review the plan and, and to notify the stationary source of any defects in the plan. Existing law requires the UPA, upon a determination that a risk management plan is complete, to publish in a daily local newspaper or place on a UPA’s Internet Web site a notice of availability of the risk management plan for public review and comment. Existing law requires a UPA to make the risk management plan available to the public for review and comment for a period of at least 45 days.
This bill would require the risk management plan of a petroleum refinery to be posted on the Internet Web site of the Office of Emergency Services or on the Internet Web site of the UPA that has jurisdiction over the petroleum refinery. a UPA to make the risk management plan of a petroleum refinery available to the public at the UPA’s office during normal business hours or by appointment, or both. In addition to existing requirements for the contents of a risk management plan, the bill would require the risk management plan of a petroleum refinery to provide for a system of automatic notification for residents who live within a 5-mile radius of the petroleum refinery, an audible alarm system that can be heard within a 10-mile radius of the petroleum refinery, and an emergency alert system for schools, public facilities, hospitals, and residential care homes located within a 10-mile radius of the petroleum refinery. The bill would require a UPA, in reviewing the risk management plan of a petroleum refinery, to ensure that the system of automatic notification and the audible alarm system provided for in the plan are consistent with the State of California Emergency Alert System Plan. Because the bill would add to duties of a UPA, the bill would impose a state-mandated local program. The bill would require a petroleum refinery to implement those systems on or before January 1, 2019.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25536.6 is added to the Health and Safety Code, to read:
25536.6.

(a)The RMP of a petroleum refinery required to prepare an RMP pursuant to this article shall be posted on the Internet Web site of the office or on the Internet Web site of the administering agency that has jurisdiction over the petroleum refinery.

25536.6.
 (a) An administering agency shall make the RMP of a petroleum refinery available to the public at the administering agency’s office during normal business hours or by appointment, or both, consistent with Section 2775.5 of Title 19 of the California Code of Regulations, as it read on January 1, 2017.
(b) In addition to any other requirements for the contents of an RMP, the RMP of a petroleum refinery required to prepare an RMP pursuant to this article shall provide for all of the following:
(1) A system of automatic notification for residents who live within a five-mile radius of the petroleum refinery that uses modern communication processes, including text messaging, calls to landline telephones and cellular telephones, cable and commercial television alerts, and social media communications.
(2) An audible alarm system that can be heard within a 10-mile radius of the petroleum refinery.
(3) An emergency alert system for schools, public facilities, hospitals, and residential care homes that are located within a 10 mile-radius 10-mile radius of the petroleum refinery.
(c) A petroleum refinery shall implement the systems described in paragraphs (1) to (3), inclusive, of subdivision (b) on or before January 1, 2019.
(d) An administering agency, in reviewing the RMP of a petroleum refinery, shall ensure that the system of automatic notification and the audible alarm system required pursuant to paragraphs (1) and (2) of subdivision (b) are consistent with the State of California Emergency Alert System Plan.

SEC. 2.

 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, within the meaning of Section 17556 of the Government Code.