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

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Date Published: 06/21/2017 09:00 PM
AB246:v97#DOCUMENT

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 25200.24 to 25158.2 of the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 246, as amended, Santiago. Hazardous Department of Toxic Substances Control: hazardous waste: facilities: permits: fence-line monitoring systems. 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 is a crime.

This bill would, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, require an applicant to install and maintain a fence-line monitoring system to measure and record emissions along the border of the facility. The bill would provide that this requirement applies only for a permit to operate a hazardous waste facility that treats or disposes of hazardous waste. Because a violation of this requirement 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.

Existing law generally designates 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.
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 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.

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.
SECTION 1.Section 25200.24 is added to the Health and Safety Code, immediately following Section 25200.23, to read:
25200.24.

(a)The department shall, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, require an applicant to install and maintain a fence-line monitoring system to measure and record emissions along the border of the facility.

(b)Subdivision (a) shall apply only for a permit to operate a hazardous waste facility that treats or disposes of hazardous waste.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only 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.