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AB-246 Department of Toxic Substances Control: hazardous waste: facilities: emissions monitoring.(2017-2018)

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Date Published: 07/12/2017 09:00 PM
AB246:v96#DOCUMENT

Amended  IN  Senate  July 12, 2017
Amended  IN  Senate  June 21, 2017
Amended  IN  Assembly  March 09, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 246


Introduced by Assembly Members Santiago, Cristina Garcia, Gomez, and Reyes

January 30, 2017


An act to add and repeal Section 25158.2 of to the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 246, as amended, Santiago. Department of Toxic Substances Control: hazardous waste: facilities: emissions monitoring.
Existing law, as part of the hazardous waste control laws, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. A violation of the hazardous waste control laws, including a regulation adopted pursuant to those laws, is a crime.
Existing law generally designates assigns to air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.
This bill would require the department to assess, in consultation with the relevant air pollution control district or air quality management district, hazardous waste facilities under its jurisdiction within the respective territory of each air district to determine if fence-line or other monitoring to measure and record emissions at those facilities is necessary or appropriate. To the extent this requirement would impose additional duties on air districts, the bill would impose a state-mandated local program. The bill would require the department to complete, and report to the Legislature on, its assessment by September 1, 2018. department, based on its findings upon completion of the assessment, to adopt regulations, on or before September 1, 2018, for fence-line monitoring at hazardous waste facilities. Because a violation of those regulations would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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, with regard to certain mandates, no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 25158.2 is added to the Health and Safety Code, to read:

25158.2.
 (a) The department shall assess, in consultation with the relevant air pollution control district or air quality management district, hazardous waste facilities under its jurisdiction within the respective territory of each air district to determine if fence-line monitoring to measure and record emissions along the border of the facility or other monitoring to measure and record emissions at the facility is necessary or appropriate.

(b)The department shall complete, and report to the Legislature on, its assessment by September 1, 2018.

(c)(1)A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.

(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2023.

(b) Upon completion of the assessment, the department shall, based on its findings, adopt regulations, on or before September 1, 2018, for fence-line monitoring at hazardous waste facilities.

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.

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 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.