Existing law requires the Department of Toxic Substances Control, and a local health officer or local public officer designated by the Director of Toxic Substances Control, to enforce the standards in the hazardous waste control law and the regulations adopted by the department to implement that law, except as specified. Existing law authorizes a representative of the department or the local officer or agency authorized to enforce the hazardous waste control law to, among other things, enter and inspect a factory, plant, construction site, disposal site, transfer facility, or an establishment or any other place or environment where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources.

This bill would require the department to adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities, hazardous waste generators, and hazardous waste transporters, as specified. The bill would require the inspection frequency for a hazardous waste land disposal facility to be no less than 2 times per calendar year and for any other permitted hazardous waste treatment, storage, or disposal facility to be no less than once per calendar year.

Existing law requires the Department of Toxic Substances Control, and a local health officer or local public officer designated by the Director of Toxic Substances Control, to enforce the standards in the hazardous waste control law and the regulations adopted by the department to implement that law, except as specified. Existing law authorizes a representative of the department or the local officer or agency authorized to enforce the hazardous waste control law to, among other things, enter and inspect a factory, plant, construction site, disposal site, transfer facility, or an establishment or any other place or environment where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources.

This bill would require the department to inspect a permitted hazardous waste land disposal facility no less than once per month, inspect a permitted and operating hazardous waste facility no less than 4 times per calendar year, and inspect a permitted hazardous waste facility no less than 2 times per calendar year.

Existing law requires the Department of Toxic Substances Control, and a local health officer or local public officer designated by the Director of Toxic Substances Control, to enforce the standards in the hazardous waste control law and the regulations adopted by the department to implement that law, except as specified. Existing law authorizes a representative of the department or the local officer or agency authorized to enforce the hazardous waste control law to, among other things, enter and inspect a factory, plant, construction site, disposal site, transfer facility, or an establishment or any other place or environment where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources.

This bill would require the department to inspect a permitted hazardous waste land disposal facility no less than once per month, inspect a permitted and operating hazardous waste facility no less than 4 times per calendar year, and inspect a permitted hazardous waste facility no less than 2 times per calendar year.

GOVERNOR'S VETO

GV Bill Id:AB 1179

Author:(Kalra)

As Enrolled Ver:September 19, 2017

2/3 vote

SUMMARY: Requires the Department of Toxic Substances Control (DTSC) to, on or before January 1, 2020, adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and for hazardous waste generators and transporters.

EXISTING LAW:

1. Requires DTSC to enforce the standards within the Hazardous Waste Control Law (HWCL) and the regulations adopted by DTSC pursuant to the HWCL. (Health and Safety Code Section (HSC) Section 25180)
2. Authorizes DTSC to conduct inspections, conduct sampling activities, inspect and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed. (HSC Section 25185)

FISCAL EFFECT: According to the Assembly Appropriations Committee, enactment of this bill could result in, "Unknown one-time costs, likely of between $150,000 and $250,000 for DTSC to adopt regulations on inspection frequencies (special fund) and unknown increased annual costs, potentially in the low millions of dollars, for DTSC to increase landfill and facility inspections."

COMMENTS: Need for the bill: According to the author, "Current law provides DTSC with complete discretion on when and what frequency to provide facility inspections. AB 1179 sets a mandatory minimum to ensure that the department is effectively monitoring and enforcing compliance at the facilities in its charge. AB 1179 will help ensure that violations are discovered quickly and facilities are brought back into compliance, thereby minimizing harm to nearby communities."

DTSC's hazardous waste management permitting program: DTSC is responsible for administering the hazardous waste facility permitting program established under the HWCL and the federal Resource Conservation and Recovery Act (RCRA). The core activities of the permitting program include: review of RCRA and non-RCRA hazardous waste permit applications to ensure safe design and operation; issuance and denial of operating permits; issuance of post-closure permits; approval and denial of permit modifications; issuance and denial of emergency permits; review and approval of closure plans; oversight of approved closure plans; and, providing public involvement on issues related to permitted facilities.

DTSC's hazardous waste management enforcement program: DTSC's inspection and enforcement responsibilities include its delegated authority under RCRA, California's HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste. Core activities of DTSC's hazardous waste management program include: routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

DTSC Independent Review Panel (IRP): In 2015, the Legislature passed and the Governor signed SB 83 (Budget and Fiscal Review Committee), Chapter 24, Statutes of 2015, which establishes within DTSC a three-member IRP to review and make recommendations regarding improvements to DTSC's permitting, enforcement, public outreach, and fiscal management. The IRP is required to submit recommendations to the Governor and Legislature at the time of each submission of the Governor's budget, 90 days after the IRP was initially appointed, and every 90 days thereafter on DTSC's progress in reducing permitting and enforcement backlogs, improving public outreach, and improving fiscal management.

The IRP's third report, issued in July 2016, focused on DTSC's enforcement program and included this recommendation to the Governor and Legislature: "include, in statute, inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and hazardous waste generators. The frequencies should be based on facility compliance history, quantity of waste, toxicity risk, and proximity to sensitive habitats and populations at risk, including disadvantaged communities."

Managing hazardous waste is a complex and potentially dangerous task; incorrect handling of certain hazardous wastes could pose significant threats to human health and safety and the environment. Ensuring compliance with state and federal hazardous waste laws is one of DTSC's core regulatory functions. Inspecting hazardous waste facilities is a vital tool to ensure that these hazardous waste facilities are in compliance or have returned to compliance from recent violations. Current law does not impose minimum inspection frequencies for hazardous waste facilities. Given the potential hazards associated with the mismanagement of these wastes it is appropriate to direct DTSC to adopt regulations for inspection frequencies for hazardous waste facilities, generators, and transporters. The approach in this bill provides DTSC flexibility on how best to set inspection targets via a public rulemaking process.

GOVERNOR'S VETO MESSAGE:

This bill would require the Department of Toxic Substances Control to adopt regulations establishing the frequency of inspections for permitted hazardous waste facilities.

There is no question that comprehensive reform of the Department's operations is needed and the Administration is committed to working with the Legislature on that task. When it comes to protecting the public health of our communities, government cannot afford to make promises it cannot keep.

Adding new responsibilities to the Department must be undertaken holistically while considering the resources and funding available. Doing anything less robs the community of a real solution and sets government up for failure.

Addressing the structural problems at the Department, both fiscal and administrative, will not be an easy task, but one that is achievable if the Administration and the Legislature work together. I look forward to the partnership.

Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0002448

 THIRD READING  

Bill No: AB 1179

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 7/5/17

AYES: Wieckowski, Hill, Lara, Skinner, Stern

NOES: Stone, Gaines

SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 50-17, 5/31/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill requires the Department of Toxic Substances Control (DTSC) to adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage and disposal facilities, and for hazardous waste generators and transporters by January 1, 2020. The bill also requires that hazardous waste landfills are inspected at least twice per year and any other permitted hazardous waste facilities are inspected at least once per year.

ANALYSIS:

Existing law:

1. Governs, under the federal Resource Conservation and Recovery Act (RCRA) of 1976, governs the disposal of hazardous waste:
   1. Through regulation, sets standards for the treatment, storage, transport, tracking and disposal of hazardous waste in the United States.
   2. Authorizes states to carry out many of the functions of the federal law through their own hazardous waste laws if such programs have been approved by the United States Environmental Protection Agency (US EPA).
2. Establishes the California Hazardous Waste Control Act (HWCA) of 1972 which:
   1. Establishes the Hazardous Waste Control program.
   2. Regulates the appropriate handling, processing and disposal of hazardous and extremely hazardous waste to protect the public, livestock and wildlife from hazards to health and safety.
   3. Requires DTSC to enforce the standards within the Hazardous Waste Control Law (HWCL) and the regulations adopted by DTSC pursuant to the HWCL.
   4. Authorizes DTSC to conduct inspections, conduct sampling activities, inspect and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed.

This bill requires DTSC to, on or before January 1, 2020, adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and for hazardous waste generators and transporters.

Background

1. DTSC Hazardous Waste Management. DTSC is responsible for protecting public health and the environment by overseeing the state’s response to releases of hazardous substances and disposal of hazardous waste. DTSC investigates, removes and remediates contamination as part of that mission. The Hazardous Waste Management Program is one of DTSC’s four major divisions.

This program is responsible for issuing permit decisions for proposed new hazardous waste facilities and the approximately 120 existing hazardous waste facilities in California that treat, store, and dispose of hazardous waste. The program’s staff conducts inspections and takes enforcement actions to ensure compliance with hazardous waste laws and regulations. This program oversees the hazardous waste generator program. In addition, it provides hazardous waste management-related policy support, regulatory and statutory interpretation, financial assurance, and data management support for internal and external stakeholders. The program also provides emergency response support for hazardous materials-related emergencies throughout California.

1. Exide Technologies, Vernon, California.  The Exide facility in Vernon, California was one of two secondary lead smelting facilities in California which recovered lead from recycled automotive batteries. It has over 100 employees. It recycles 23,000 to 41,000 batteries daily and has an average production of 100,000 to 120,000 tons of lead per year. 

The facility has been used for a variety of metal fabrication and metal recovery operations since 1922.  Previous owners have included Morris P. Kirk & Sons, Inc., NL Industries, Gould Inc., and GNB Inc.

The facility in Vernon has been operating with an interim hazardous waste facility permit since 1981. 

In recent years, the Exide facility has brought to light the failings of DTSC’s Permitting Program.  Over the 30 years that the facility operated with an interim permit, there were many violations of the permit as well as other regulatory standards, such as those by the South Coast Air Quality Management District, which caused environmental damage and risk to public health. 

In March, 2015 it was announced that an agreement was reached between the United States Department of Justice and Exide Technologies to permanently close the battery recycling facility in Vernon, California, and in order to avoid criminal prosecution, Exide Technologies further agreed to a stipulation and order with DTSC to complete remediation activities as specified in the stipulation and order issued by DTSC. 

This example of a failed process calls into question whether the statutory authorizations, requirements and direction to DTSC is adequate to ensure that the program runs correctly and is appropriately protective of public health and the environment, especially in the vulnerable communities where there are permitted facilities.

Additionally, it called into question whether there are other facilities that may currently be similarly causing harm to the communities in which they are located.

The community crisis around Exide created significant concern about DTSC’s permitting statutory authorization and implementation. 

1. DTSC’s hazardous waste management enforcement program: DTSC’s inspection and enforcement responsibilities include its delegated authority under RCRA, California’s HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste. Core activities of DTSC’s hazardous waste management program include: routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

According to DTSC documents dated January 2016, the following are the current inspection frequencies based on facility type:

1. DTSC Hazardous Waste Management Performance. There has been significant dissatisfaction with the performance of DTSC’s permitting office, directed at the cost and length of time in completing the permit process and a perception that the office does not deny or revoke permits as often as it should to address community concerns. The stakeholder interviews conducted as part of this study identified the following major concerns:
   • The need to create clear and objective criteria for making denial/revocation decisions that are based on valid standards of performance and risk.
   • A clear standard for violations that would lead to a denial or revocation.
   • The need for DTSC to document and measure a “scorecard” of attributes that would be perceived as a “good result” for the permitting program.

DTSC entered into a contract with CPS HR Consulting on February 1, 2013, to conduct a permitting process review and analysis.

CPS HR was asked to review the existing permitting program and develop a recommended standardized process with clear decision criteria and corresponding standards of performance. CPS HR was also asked to document the changes in the permitting process over the past five years based primarily on the record obtained from past internal review, and to obtain perspectives of designated subject matter experts, including representatives from the environmentalist, environmental justice, and industry communities. This report provides findings in each defined area.

The study found that the overall average permitting process time, which was 5.0 years prior to FY 2003, improved to a 3.2 year average for the period from FY 2003 to FY 2007, before again increasing to 4.3 years in the most recent time period (from FY 2008 through part of FY 2013). So while there was an improvement from the oldest period studied to the most recent, the current trend is again towards longer processing time.

The study notes several key findings regarding the recent increase in permit processing time which is attributed to at least two major factors:  

• There was a reduction in staffing in the office. Permitting staffing has been reduced significantly from 95.8 personnel years utilized in FY 2007 to just 24.6 personnel years utilized in FY 2009. The initial change was a response to the economic recession in 2009, and its required state budget reductions. However, less than 26.1 personnel years have been utilized in each year since that time.
• The study found that the second primary reason for permitting delays is poor management practices. Between December 2009 and June 2013, the Permitting Program Office did not maintain consistent uniform management, supervisory structure or clear consistent organizational structure. This is demonstrated by the fact that program managers were either re‐assigned to other duties or vacant for a majority of the time period from July 2009 through July 2013, while program supervisor positions for all personnel in the unit were either not authorized or vacant for more than half of this period. In other words, there was a four‐year period in which direct supervision of personnel lapsed.

This study concludes that while many aspects of the work process required for a permit renewal are well-defined and well-known, most of the difficult or complex steps are not clear or well-defined. This is one of the most likely reasons for prolonged delays, and for future process improvement.

The study further stated that much of the “process” knowledge within the Office of Permitting is in the individual professional knowledge of the DTSC staff which is interpretive and not documented. More importantly, a re-review of the Permit Renewal Team effort of 2007‐2009 has not found any structural changes or permanent process changes that have been implemented that could cause significantly improved permit renewals in the future. According to CPS HR the “lessons learned” from the renewal team effort appear to have been misconstrued, and the actions taken after the team experience were damaging to management and supervision in the unit.

According to DTSC, for several years, DTSC’s efforts to carry out this mission were compromised by deficiencies in technical and administrative processes and procedures, from a misaligned personnel system to insufficient coordination between programs. These systemic issues resulted in a structural budget deficit; $184.5 million in uncollected cleanup costs dating back 26 years; a growing backlog of applications to renew hazardous waste permits; and decreased stakeholder confidence and public trust in DTSC.

1. Legislative oversight. Specific incidents across California have exposed and continue to expose glaring failings in DTSC’s implementation of its core programs as well as its support programs.

The mishandling of the hazardous waste facility permitting and enforcement of first the Exide and now the Quemetco battery recycling facilities; neglected cost-recovery efforts for cleanups across the state leading to an accumulation of 1,661 projects totaling almost $194 million in uncollected cleanup costs dating back 26 years; a growing backlog of applications to renew hazardous waste permits; delayed site remediation; failed public participation and transparency activities; and personnel issues have all led to decreased stakeholder confidence and public trust in DTSC’s ability to meet its mandate to protect public health and the environment.

Over the last five years, the Legislature has conducted numerous hearings on DTSC’s internal controls, its business practices, and its basic statutory obligations. In those hearings, the budget and policy committees have evaluated the following four main areas: (a) reviewing and monitoring DTSC’s strategic plan and reorganization; (b) auditing cost recovery at the department; (c) providing staffing to improve permit backlogs and business operations; and, (d) improving enforcement at DTSC.

Numerous statutory changes have been made to clarify and strengthen the statute to help DTSC better achieve its mandates, and budget augmentations have been made to give DTSC the resources to reduce backlogs and address outstanding programmatic failings. However, many of the underlying concerns about transparency, accountability, and long-term stability of DTSC programs remain.

Among other bills, the Legislature passed and the Governor signed SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2015) which established an Independent Review Panel (IRP) to review and make recommendations regarding improvements to DTSC’s permitting, enforcement, public outreach, and fiscal management with the goal of resolving the outstanding operational problems within DTSC and creating strong statutory mandates and accountability in the long term.

This bill implements one of the IRP’s recommendations.

Comments

Purpose of bill. According to the author, “AB 1179 ensures hazardous waste facilities permitted by DTSC are in full compliance with state and federal law and regulations by setting minimum inspection frequencies. AB 1179 reduces toxic threats to the public and the environment by including frequency enhancements based on higher risk factors. Conducting regular inspections at hazardous waste facilities allows the state to identify facilities that are not in compliance, and take action to resolve violations. Without regular and frequent inspections, these facilities may pose a serious risk to public health and the environment.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

1. Unknown one-time costs, likely of between $150,000 and $250,000 for DTSC to adopt regulations on inspection frequencies (Hazardous Waste Control Account).
2. Unknown increased annual costs, potentially in the low millions of dollars, for DTSC to increase landfill and facility inspections (Hazardous Waste Control Account).

SUPPORT: (Verified 8/30/17)

AMVETS

Apostolic Faith Center

Asian Pacific Environmental Network

Breast Cancer Prevention Partners

California Communities Against Toxics

California Environmental Justice Alliance

California Kids IAQ

California League of Conservation Voters

California Safe Schools

Center on Race, Poverty and the Environment

Clean Water Action

Coalition for a Safe Environment

Community Dreams

Del Amo Action Committee

Desert Citizens Against Pollution

EMERGE

Environmental Working Group

Friends Committee on Legislation of California

Friends of the Earth – US

Mothers for East Los Angeles

NAACP Branch 1069

Natural Resources Defense Council

Physicians for Social Responsibility – San Francisco Bay Area Chapter

Resurrection Church

San Pedro Peninsula Homeowners Coalition

Sierra Club California

Society for Positive Action

St. Philomena Social Justice Ministry

The Trust for Public Land

Wilmington Improvement Center

OPPOSITION: (Verified 8/30/17)

Alhambra Chamber of Commerce

California Business Properties Association

California Cement Manufacturers Environmental Coalition

California Chamber of Commerce

California Manufacturers and Technology Association

California Metals Coalition

California Small Business Alliance

Camarillo Chamber of Commerce

Chemical Industry Council of California

Clean Harbors Environmental Services, Inc.

El Dorado County Chamber of Commerce

Fontana Chamber of Commerce

Greater Fresno Area Chamber of Commerce

Industrial Environmental Association

Metal Finishing Association of Northern California

Metal Finishing Association of Southern California

National Federation of Independent Business

Norco Area Chamber of Commerce

North Orange County Chamber

Oxnard Chamber of Commerce

Palm Desert Area Chamber of Commerce

Rancho Cordova Chamber of Commerce

Redondo Beach Chamber of Commerce & Visitors Bureau

Safety-Kleen, Inc.

San Diego Regional Chamber of Commerce

Simi Valley Chamber of Commerce

South Bay Association of Chambers of Commerce

Southwest California Legislative Council

Torrance Chamber of Commerce

West Coast Lumber & Building Material Association

Western Plant Health Association

Western States Petroleum Association

ASSEMBLY FLOOR: 50-17, 5/31/17

AYES: Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Burke, Calderon, Cervantes, Chau, Chiu, Chu, Cooley, Dababneh, Daly, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Bigelow, Brough, Caballero, Chávez, Dahle, Flora, Fong, Gallagher, Harper, Kiley, Lackey, Mathis, Mayes, Obernolte, Patterson, Voepel, Waldron

NO VOTE RECORDED: Acosta, Travis Allen, Chen, Choi, Cooper, Cunningham, Eggman, Frazier, Gray, Melendez, O'Donnell, Rubio, Steinorth

Prepared by:

9/4/17 12:53:32

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1179 (Kalra) - Hazardous waste facilities: inspections

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1179 requires the Department of Toxic Substances Control (DTSC) to adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage and disposal facilities, and for hazardous waste generators and transporters by January 1, 2020. The bill also requires that hazardous waste landfills are inspected at least twice per year and any other permitted hazardous waste facilities are inspected at least once per year.

Fiscal Impact:

2. Unknown one-time costs, likely of between $150,000 and $250,000 for DTSC to adopt regulations on inspection frequencies (Hazardous Waste Control Account).
3. Unknown increased annual costs, potentially in the low millions of dollars, for DTSC to increase landfill and facility inspections (Hazardous Waste Control Account). See staff comments. (See staff comments)

Background:

1. DTSC is responsible for administering the hazardous waste facility permitting program established under the Hazardous Waste Control Law (HWCL) and the federal Resource Conservation and Recovery Act (RCRA). DTSC’s inspection and enforcement responsibilities include its delegated authority under RCRA, California’s HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste.

Core activities of DTSC’s hazardous waste management program include: routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

DTSC Independent Review Panel (IRP). SB 83 (Committee on Budget and Fiscal Review), Chapter 24, Statutes of 2015, established a three-member IRP to review and make recommendations regarding improvements to DTSC’s permitting, enforcement, public outreach, and fiscal management. The IRP’s third report was issued in July 2016 and focused on DTSC’s enforcement program. This IRP report offered three recommendations to the Governor and Legislature:

1. Include, in statute, inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and hazardous waste generators in statute. The frequencies should be based on facility compliance history, quantity of waste, toxicity risk, and proximity to sensitive habitats and populations at risk, including disadvantaged communities;
2. Support AB 1858 (Santiago, Chapter 449, statutes of 2016), which requires the Department of Motor Vehicles to establish an Unlicensed Automobile Dismantling Task Force to investigate the occurrences of unlicensed vehicle dismantling; and,
3. Increase the maximum penalties for violations of the HWCL to make them equivalent to the federal maximum penalties for similar violations, with an inflation allowance.

This bill addresses the first recommendation.

Proposed Law:

The bill:

1. Requires, by January 1, 2020, the DTSC to adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage and disposal facilities, and for hazardous waste generators and transporters.
2. Requires the DTSC to set the inspection frequency for as follows:
   1. At least twice per years for hazardous waste landfills
   2. At least once per year for any other permitted hazardous waste.

Related Legislation:

AB 245 (Gomez) requires DTSC to review and approve corrective action cost estimates and financial assurances as a condition for hazardous waste facility operation. AB 245 is pending hearing in the Assembly Committee on Appropriations.

AB 246 (Santiago) requires DTSC, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, to require a permit applicant to obtain a permit from the local air quality management district or air pollution control district and that compliance with the air permit is also a condition of the hazardous waste facilities permit. AB 246 is on the Assembly Committee on Appropriations suspense file.

AB 248 (Reyes) makes several statutory changes to improve the permitting process for the permitting of hazardous waste facilities. AB 248 is pending hearing in the Assembly Committee on Appropriations.

AB 249 (Gomez) increases the maximum allowable penalty for violations of the hazardous waste control law. AB 249 is on third reading on the Assembly Floor.

Staff Comments:

According to DTSC,

“AB 1179 will result in at least 176 additional annual inspections, 24,083 additional inspection hours, and 13 additional PY. Presuming that about ten percent of inspections result in formal enforcement, an additional 18 formal enforcement cases will require 3,446 additional hours and two (2) PY. The total additional inspection and enforcement PY is 15. The typical staff used for inspections is an Environmental Scientist. Based on a supervisor to staff ratio of 5:1, the additional Environmental Scientist (Specialist) positions will require three (3) Senior Environmental Scientist (Supervisory) PY’s, creating three new units. AB 1179 also requires DTSC to adopt regulations establishing inspection frequency. One (1) Senior Environmental Scientist PY is needed for the rule making necessary to adopt the required regulations. There will also be an increase in permit coordination, support, and violation scoring as required by AB 1075 (Alejo, Chapter 460, Statutes of 2015). As inspection and enforcement activities increase, one (1) Staff Services Analyst PY will be required to support the additional data management and reporting requirements. Lastly, inspection and enforcement-associated activities demand the support of the Office of Legal Counsel (OLC). OLC would need to be involved with the rule making necessary to adopt the required inspections. Considering that approximately ten percent of inspections result in formal enforcement, it is projected that the number of potential formal enforcement cases will double. It is anticipated two additional Staff Attorneys will be required. For the enforcement cases that require litigation, it is anticipated that DTSC’s budget used to pay the Office of the Attorney General would need to be increased accordingly to support the additional cases referred as civil actions.”

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2017 - 2018 Regular

Bill No: AB 1179

SUBJECT: Hazardous waste facilities: inspections.

ANALYSIS:

Existing law:

1. Under the federal Resource Conservation and Recovery Act (RCRA) of 1976, governs the disposal of hazardous waste: 
2. Through regulation, sets standards for the treatment, storage, transport, tracking and disposal of hazardous waste in the United States.
3. Authorizes states to carry out many of the functions of the federal law through their own hazardous waste laws if such programs have been approved by the United States Environmental Protection Agency (US EPA).
4. Under the California Hazardous Waste Control Act (HWCA) of 1972:
   1. Establishes the Hazardous Waste Control program.
   2. Regulates the appropriate handling, processing and disposal of hazardous and extremely hazardous waste to protect the public, livestock and wildlife from hazards to health and safety.
   3. Requires the Department of Toxic Substances Control (DTSC) to enforce the standards within the Hazardous Waste Control Law (HWCL) and the regulations adopted by DTSC pursuant to the HWCL.
   4. Authorizes DTSC to conduct inspections, conduct sampling activities, inspect and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed.

This bill: Requires DTSC to, on or before January 1, 2020, adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and for hazardous waste generators and transporters.

Background

1. DTSC Hazardous Waste Management. DTSC is responsible for protecting public health and the environment by overseeing the state’s response to releases of hazardous substances and disposal of hazardous waste. DTSC investigates, removes and remediates contamination as part of that mission. The Hazardous Waste Management Program is one of DTSC’s four major divisions.

This program is responsible for issuing permit decisions for proposed new hazardous waste facilities and the approximately 120 existing hazardous waste facilities in California that treat, store, and dispose of hazardous waste. The program’s staff conducts inspections and takes enforcement actions to ensure compliance with hazardous waste laws and regulations. This program oversees the hazardous waste generator program. In addition, it provides hazardous waste management-related policy support, regulatory and statutory interpretation, financial assurance, and data management support for internal and external stakeholders. The program also provides emergency response support for hazardous materials-related emergencies throughout California.

1. Exide Technologies, Vernon, California.  The Exide facility in Vernon, California was one of two secondary lead smelting facilities in California which recovered lead from recycled automotive batteries.  It has over 100 employees.  It recycles 23,000 to 41,000 batteries daily and has an average production of 100,000 to 120,000 tons of lead per year. 

The facility has been used for a variety of metal fabrication and metal recovery operations since 1922.  Previous owners have included Morris P. Kirk & Sons, Inc., NL Industries, Gould Inc., and GNB Inc.

The facility in Vernon has been operating with an interim hazardous waste facility permit since 1981. 

In recent years, the Exide facility has brought to light the failings of DTSC’s Permitting Program.  Over the 30 years that the facility operated with an interim permit, there were many violations of the permit as well as other regulatory standards, such as those by the South Coast Air Quality Management District, which caused environmental damage and risk to public health. 

In March, 2015 it was announced that an agreement was reached between the United States Department of Justice and Exide Technologies to permanently close the battery recycling facility in Vernon, CA, and in order to avoid criminal prosecution, Exide Technologies further agreed to a stipulation and order with DTSC to complete remediation activities as specified in the stipulation and order issued by DTSC. 

This example of a failed process calls into question whether the statutory authorizations, requirements and direction to DTSC is adequate to ensure that the program runs correctly and is appropriately protective of public health and the environment, especially in the vulnerable communities where there are permitted facilities.

Additionally, it called into question whether there are other facilities that may currently be similarly causing harm to the communities in which they are located.

The community crisis around Exide created significant concern about DTSC’s permitting statutory authorization and implementation. 

1. DTSC’s hazardous waste management enforcement program: DTSC’s inspection and enforcement responsibilities include its delegated authority under RCRA, California’s HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste. Core activities of DTSC’s hazardous waste management program include: routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

According to DTSC documents dated January 2016, the following are the current inspection frequencies based on facility type:

1. DTSC Hazardous Waste Management Performance. There has been significant dissatisfaction with the performance of DTSC’s permitting office, directed at the cost and length of time in completing the permit process and a perception that the Office does not deny or revoke permits as often as it should to address community concerns. The stakeholder interviews conducted as part of this study identified the following major concerns:

• The need to create clear and objective criteria for making denial/revocation decisions that are based on valid standards of performance and risk.
• A clear standard for violations that would lead to a denial or revocation.
• The need for the Department to document and measure a “scorecard” of attributes that would be perceived as a “good result” for the permitting program.

DTSC entered into a contract with CPS HR Consulting on February 1, 2013, to conduct a permitting process review and analysis.

CPS HR was asked to review the existing permitting program and develop a recommended standardized process with clear decision criteria and corresponding standards of performance. CPS HR was also asked to document the changes in the permitting process over the past five years based primarily on the record obtained from past internal review, and to obtain perspectives of designated subject matter experts, including representatives from the environmentalist, environmental justice, and industry communities. This report provides findings in each defined area.

The study found that the overall average permitting process time, which was 5.0 years prior to FY 2003, improved to a 3.2 year average for the period from FY 2003 to FY 2007, before again increasing to 4.3 years in the most recent time period (from FY 2008 through part of FY 2013). So while there was an improvement from the oldest period studied to the most recent, the current trend is again towards longer processing time.

The study notes several key findings regarding the recent increase in permit processing time which is attributed to at least two major factors:  

• There was a reduction in staffing in the office. Permitting staffing has been reduced significantly from 95.8 personnel years utilized in FY 2007 to just 24.6 personnel years utilized in FY 2009. The initial change was a response to the economic recession in 2009, and its required state budget reductions. However, less than 26.1 personnel years have been utilized in each year since that time.
• The study found that the second primary reason for permitting delays is poor management practices. Between December 2009 and June 2013, the Permitting Program Office did not maintain consistent uniform management, supervisory structure or clear consistent organizational structure. This is demonstrated by the fact that program managers were either re‐assigned to other duties or vacant for a majority of the time period from July 2009 through July 2013, while program supervisor positions for all personnel in the unit were either not authorized or vacant for more than half of this period. In other words, there was a four‐year period in which direct supervision of personnel lapsed.

This study concludes that while many aspects of the work process required for a permit renewal are well-defined and well-known, most of the difficult or complex steps are not clear or well-defined. This is one of the most likely reasons for prolonged delays, and for future process improvement.

The study further stated that much of the “process” knowledge within the Office of Permitting is in the individual professional knowledge of the DTSC staff which is interpretive and not documented. More importantly, a re-review of the Permit Renewal Team effort of 2007‐2009 has not found any structural changes or permanent process changes that have been implemented that could cause significantly improved permit renewals in the future. According to CPS HR the “lessons learned” from the renewal team effort appear to have been misconstrued, and the actions taken after the team experience were damaging to management and supervision in the unit.

According to DTSC, for several years, DTSC’s efforts to carry out this mission were compromised by deficiencies in technical and administrative processes and procedures, from a misaligned personnel system to insufficient coordination between programs. These systemic issues resulted in a structural budget deficit; $184.5 million in uncollected cleanup costs dating back 26 years; a growing backlog of applications to renew hazardous waste permits; and decreased stakeholder confidence and public trust in DTSC.

1. DTSC Internal Improvement Initiative: In early 2012, DTSC embarked on its “Fixing the Foundation” initiative, which includes more than 30 different activities intended to improve its operations and restore public trust in the department. Activities include increasing cost recovery from those responsible for hazardous waste contamination, reducing permitting backlogs, strengthening enforcement, and improving the financial sustainability of its operating funds. This effort includes multiple goals at every level of the organization, from staff engagement to permitting backlogs and cost recovery.

In 2014, DTSC released its Permitting Enhancement Work Plan as a comprehensive roadmap to guide efforts to improve DTSC’s ability to issue protective, timely and enforceable permits using more transparent standards and consistent procedures.

In the 2014-15 Budget Act, DTSC requested and was granted 8 limited-term positions and $1.2 million for reduction of backlogged permitting application review.

As part of the 2015-16 Budget Act, DTSC requested an additional $1.632 million and 16 limited-term positions for two years to address the permitting backlog.

1. Legislative Oversight. Specific incidents across California have exposed and continue to expose glaring failings in DTSC’s implementation of its core programs as well as its support programs.
   
   The mishandling of the hazardous waste facility permitting and enforcement of first the Exide and now the Quemetco battery recycling facilities; neglected cost-recovery efforts for cleanups across the state leading to an accumulation of 1,661 projects totaling almost $194 million in uncollected cleanup costs dating back 26 years; a growing backlog of applications to renew hazardous waste permits; delayed site remediation; failed public participation and transparency activities; and personnel issues have all led to decreased stakeholder confidence and public trust in DTSC’s ability to meet its mandate to protect public health and the environment.
   
   Over the last five years, the Legislature has conducted numerous hearings on DTSC’s internal controls, its business practices, and its basic statutory obligations. In those hearings, the budget and policy committees have evaluated the following four main areas: (1) reviewing and monitoring the department’s strategic plan and reorganization; (2) auditing cost recovery at the department; (3) providing staffing to improve permit backlogs and business operations; and, (4) improving enforcement at the department.
   
   Numerous statutory changes have been made to clarify and strengthen the statute to help DTSC better achieve its mandates, and budget augmentations have been made to give DTSC the resources to reduce backlogs and address outstanding programmatic failings. However, many of the underlying concerns about transparency, accountability, and long-term stability of DTSC programs remain.
   
2. The Independent Review Panel. With the aim of identifying and addressing the

continued failings of DTSC to meet its public health and environmental protection mandates, SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2015) established an Independent Review Panel (IRP) to review and make recommendations regarding improvements to DTSC’s permitting, enforcement, public outreach, and fiscal management with the goal of resolving the outstanding operational problems within DTSC and creating strong statutory mandates and accountability in the long term.

The IRP is comprised of three individuals: an appointee of the Speaker of the Assembly with scientific experience related to toxic materials, an appointee of the Senate Rules Committee who is a community representative, and an appointee of the Governor who is a local government management expert.

The IRP additionally advises DTSC on issues related to its reporting obligations, making recommendations for improving DTSC’s programs, and advises DTSC, along with the other California Environmental Protection Agency boards and departments, to “institute quality government programs to achieve increased levels of environmental protection and the public’s satisfaction through improving the quality, efficiency, and cost-effectiveness of the state programs” and “submit a biennial report to the Governor and Legislature, no later than December 1 with respect to the previous two fiscal years, reporting on the extent to which these state agencies have attained their performance objectives, and on their continuous quality improvement efforts.”

The IRP is required to report to the Governor and the Legislature every 90 days on DTSC’s progress in reducing permitting and enforcement backlogs, improving public outreach, and improving fiscal management. In addition, the IRP must submit recommendations at the time of the submission of the Governor’s annual budget to the Legislature.

Pursuant to SB 83, the IRP is authorized until January 1, 2018.

To date the IRP has released seven reports and conducted more than a dozen public meetings. In December, 2016, the IRP released a thorough list of recommendations compiled from the meetings and reports conducted in the IRP’s first 11 months. That report contained a compendium of the recommendations that the IRP made in its quarterly reports during 2016. The compendium shows that of a total of 23 IRP recommendations made, 7 have been adopted by DTSC and 16 have not yet been implemented.

In February, 2017, IRP Chair Kracov, testified before the Senate Committee on Environmental Quality that the IRP continues its work evaluating and making recommendations for administrative, structural and statutory changes for improvements to DTSC. His testimony revealed that less than a third of those recommendations have been implemented and that the IRP shares stakeholder concern and frustration with the lack of implementation of those recommendations. Additionally, Chair Kracov stated that the IRP believes that one of the key improvements needed at DTSC is a transparent and accountable process by which stakeholders can participate in a public way, in the deliberative processes around permits and cleanup orders.

Stakeholders also testified during that hearing and during the IRP hearings supporting changes that would bring greater transparency and accountability to DTSC.

1. Legislative Analyst Office – DTSC Review. On April 4, 2017, LAO released its web post entitled, “Department of Toxic Substances Control: Performance Improvement Initiatives Merit Oversight.” LAO discusses DTSC progress to date in addressing its deficiencies, focusing on those programs that have received additional funding and personnel resources, including (1) Hazardous Waste Management Program, (2) Exide Facilities Contamination Cleanup Program, (3) Site Mitigation and Brownfields Reuse Program, and (4) Office of Strategic Planning and Development.
   
   1. Hazardous Waste Management Program—Facility Permitting Backlog. The Hazardous Waste Management Program issues permits to facilities that manage waste that is toxic, corrosive, reactive, or ignitable. DTSC issues hazardous waste permits with a 10-year term, and each permit establishes specific conditions that a facility must meet in order to operate.
      
      California has 118 permitted facilities that manage hazardous waste with a total of 127 permits (some facilities have more than one permit). Given the number of permits and permit term, DTSC must process an average of about 13 permit renewal decisions per year in order to prevent a backlog of permit renewal applications from developing. If a facility submits a renewal application on time, the law allows the facility to continue operation under its expired permit (referred to as a continued permit). Facilities operating under a continued permit are held to the standards established in the original permit. They are not required to implement the most recent technologies, practices, and safeguards to prevent releases of hazardous waste into the environment that have been developed since the original permit was approved.
      
      In the spring of 2016, DTSC had 30 permitted facilities—roughly one-quarter—operating under “continued permits” with pending permit renewal applications. Some of these permits had been continued for more than five years.
      
      To address the backlog of continued permits, the Legislature approved in the 2016-17 budget plan $3.6 million to convert eight previously approved limited-term positions to permanent status and to provide 15 additional permanent positions.
      
   2. Hazardous Waste Management Program—Enforcement Enhancement Initiatives. The Hazardous Waste Management Program is also responsible for administering DTSC’s enforcement program through its Enforcement and Emergency Response Division (EERD) and the Office of Criminal Investigations (OCI). EERD has regulatory authority to enforce hazardous waste laws through administrative and civil enforcement. EERD staff conducts inspections of hazardous waste generators and transporters, as well as of treatment, storage, and disposal facilities. EERD staff also provides technical training and support to local agencies (under the Certified Unified Program Agency system) that perform hazardous waste regulatory functions on behalf of the state. In conjunction with DTSC’s Public Participation Branch, EERD coordinates with community action and environmental justice groups throughout California on hazardous waste issues. Working in collaboration with EERD, OCI investigates complaints of illegal handling of hazardous waste and participates in environmental initiatives focused on high-priority illegal activities.
      
      The 2015-16 budget included two proposals related to improving DTSC’s hazardous waste enforcement activities. First, the Legislature approved $1.4 million in two-year funding and 11 positions to conduct a review of the department’s hazardous waste management enforcement program. Second, the 2015-16 spending plan included $2.1 million and 11 positons for three years to evaluate and implement approaches to address hazardous waste violations in vulnerable communities.
      
      DTSC released the statewide assessment report related to its public engagement efforts in January 2017. The report completed by UC Davis researchers recommended that DTSC (1) establish a more direct and visible connection between public input and decisions made to increase transparency and accountability; (2) engage in earlier, more systematic and sustained interaction with impacted communities; (3) build greater capacity for effective public engagement for both DTSC and stakeholders; and (4) increase access to data and information relevant to decision making.
      
   3. Exide Facilities Contamination Cleanup Program—Lead Contamination Cleanup. In 2000, Exide Technologies (Exide) purchased a lead-acid battery recycling facility in the City of Vernon that had been operating since 1922. The facility ceased operations in 2014 when DTSC notified Exide that its application for a new permit would be denied. Testing indicated that releases of lead dust from the facility contaminated areas up to 1.7 miles from the facility and impacted thousands of properties including private residences, parks, and schools.
      
      In 2015-16, the Legislature approved increases in spending for the cleanup of properties contaminated by Exide. In August 2015, the Legislature approved $7 million of emergency funding from the Toxic Substances Control Account (TSCA) to (1) test approximately 1,000 properties in the community surrounding Exide, (2) develop a comprehensive cleanup plan, and (3) begin cleanup of the highest priority sites. In addition, SB 93 (de León and Lara, Chapter 9, Statutes of 2016) authorizes a loan of up to $177 million from the General Fund to TSCA to use for activities related to the lead contamination in the communities surrounding the Exide facility. The Governor’s 2017-18 budget assumes that about $96 million of that loan will be spent by the end of the budget year. (To the extent that DTSC recovers costs for the investigation and cleanup from the parties responsible for the contamination, these funds will be used to repay the loan from the General Fund.) The Legislature has expressed its preference that the local community be consulted in the cleanup process.
      
      DTSC estimates that it will investigate 8,500 properties for lead contamination from the Exide facility, and 2,500 properties will be remediated by October of 2019.
      
   4. Site Mitigation and Brownfields Reuse Program—Cost Recovery Backlog. Under the Site Mitigation and Brownfields Reuse Program, when DTSC incurs costs for the investigation and remediation of contaminated sites, the department is authorized by law to recover its costs from potentially responsible parties (PRPs). In 2013, DTSC identified that its cost recovery efforts had been impeded by various factors, including a lack of statutory authority to require PRPs to provide financial information and a lack of resources to perform cost recovery activities. The Bureau of State Audits (BSA) released a report in August 2014 that made 11 recommendations, including that the Legislature give DTSC the authority to require financial information from PRPs. According to BSA, the lack of such information hindered DTSC’s ability to make an informed decision whether to pursue a PRP for response costs, which impacted DTSC’s ability to ultimately recover these costs. AB 276 (Committee on Environmental Safety and Toxic Materials, Chapter 459, Statutes of 2015) allowed DTSC to require a PRP to provide information regarding its ability to pay for a response action at a hazardous waste site.
      

As part of the 2014-15 budget plan, the Legislature approved $1.6 million and 14 positions to recover costs from them. At the time, DTSC estimated that the cost recovery backlog included around $26 million in unbilled or uncollected costs that were recoverable. As part of the 2016-17 budget plan, the Legislature approved $180,000 and two positions to implement AB 276.

As a result of AB 276, DTSC estimated the number of completed ability to pay cases would increase by 25 annually.

Strategic Development Team Established to Create a Culture of Change, Accountability, and Transparency. In recent years, the Legislature has held numerous hearings to discuss deficiencies in DTSC’s programs. During these hearings, the department acknowledged a need to address the issues raised at the hearings.

In 2016-17, the Legislature approved a request for the conversion of five limited-term positions to permanent positions and $747,000 in ongoing funding to establish an Office of Strategic Planning, Performance, and Analysis within DTSC.

LAO concluded that, “over the past few years, the Legislature has approved funding and personnel resources to address specific deficiencies in DTSC’s programs. Even with these new resources, DTSC’s own projections show that for some programs it will be years before the deficiencies are fully remedied. Therefore, it will be important for the Legislature to continue to oversee DTSC’s progress and hold DTSC accountable for producing results over the next several years … In cases where the department is not achieving its performance goals, the Legislature may wish to consider further oversight measures. These could include holding hearings to determine the reason for the lack of progress and whether funding and personnel continue to be justified. It could also include having an independent entity—such as the Bureau of State Audits—conduct program reviews to better understand why the program continues to underperform. In our view, such continued oversight is necessary to ensure that the department continues to improve its performance in several key programs.”

Comments

1.  Purpose of Bill. According to the author, “AB 1179 ensures hazardous waste facilities permitted by DTSC are in full compliance with state and federal law and regulations by setting minimum inspection frequencies. AB 1179 reduces toxic threats to the public and the environment by including frequency enhancements based on higher risk factors. Conducting regular inspections at hazardous waste facilities allows the state to identify facilities that are not in compliance, and take action to resolve violations. Without regular and frequent inspections, these facilities may pose a serious risk to public health and the environment.”
2. Incremental change or systemic or both? AB 1179 is part of a package of Assembly bills aimed at making targeted statutory changes to DTSC’s hazardous waste management program based on specific recommendations of the IRP.

A question arises as to how many more incremental changes will be made or need to be made to improve this department and whether these changes will result in a cure to DTSC’s dis-functionality.

The Legislature, the Administration and stakeholders have all pointed to systemic issues and programmatic deficiencies that have impacted DTSC’s ability to fulfill its public health and environmental protection mandates. In the last five years, the Legislature has had more than 20 hearings on the department’s deficiencies in both the policy and budget committees in both houses. DTSC and the Governor have initiated audits, panels, reports, and their own initiatives to fix identified problems. The Legislature has passed several reform bills and significantly augmented DTSC’s budget and staff by more than two dozen positions (limited-term and permanent) and millions of dollars.

Many of the measures approved by the Legislature and signed by the Governor directing specific action by DTSC remain undone. Additionally, the IRP has made recommendations for improvements that have not been implemented.

It is clear, that all review and changes to date point to systemic issues at DTSC. At the heart of the criticisms around DTSC’s failings is a lack of accountability and transparency.

While these new bills will result in tightening the statute, additional action is needed to address the systemic problem of greater transparency and accountability within DTSC.

Related/Prior Legislation

AB 245 (Quirk, 2017) requires DTSC, within 90 days of receiving a renewal application for a hazardous waste facilities permit, to hold a public meeting; requires DTSC review the financial assurances required to operate a hazardous waste facility at least once every 5 years; requires DTSC, under specified circumstances, to request an owner or operator of a hazardous waste facility to submit to DTSC for review and approval a written cost estimate to cover activities associated with a corrective action based on available data, history of releases, and site activities, as specified and require the owner or operator, within 90 days of the approval or the imposition of a corrective action cost estimate, as specified, to fund the cost estimate or enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action; requires DTSC to review permit financial assurance every 5 years; and increases administrative and civil penalties to $37,500. This bill is set to be heard on July 5, 2017 in the Senate Committee on Environmental Quality.

AB 246 (Santiago, 2017) promotes the use of fence line monitoring by hazardous waste facility permit holders. This bill is also set to be heard on July 5, 2017 in the Senate Committee on Environmental Quality.

AB 247 (Garcia, 2017) creates a statewide lead advisory taskforce to review and revise policies and procedures to reduce lead poisoning in the state. This bill is also set to be heard on July 5, 2017 in the Senate Committee on Environmental Quality.

AB 248 (Reyes, 2017) requires permittees to submit complete renewal applications 6 months prior to expire of a hazardous waste facilities permit if the permit is due to expire prior to July 1, 2020 and two years prior to expiration for those permits that expire after July 1, 2020. This bill is also set to be heard on July 5, 2017 in the Senate Committee on Environmental Quality.

SB 774 (Leyva, 2017) creates a governing board over DTSC. This bill is set to be heard in the Assembly Committee on Environmental Safety and Toxic Materials on July 11, 2017.

AB 1102 (Santiago, 2016) would have required DTSC to inspect a permitted hazardous waste land disposal facility no less than once per month, inspect a permitted and operating hazardous waste facility no less than four times per calendar year, and inspect a permitted hazardous waste facility no less than two times per calendar year.  AB 1102 was held by the author in the Senate Environmental Quality Committee.

AB 1205 (Gomez, 2016) would have required DTSC, within 90 days of receiving a renewal application for a hazardous waste facilities permit, to hold a public meeting for specified purposes in or near the community in which the hazardous waste facility is located and requires DTSC review the financial assurances required to operate a hazardous waste facility at least once every 5 years. If the department’s review finds the financial assurances for a facility to be inadequate, the bill would require the department to notify the owner or operator of the facility and would require the owner or operator to update and adopt adequate financial assurances within 90 days. AB 1205 was held by the author in the Senate Environmental Quality Committee.

AB 1400 (Santiago, 2016)  would have required DTSC, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, to require a facility operator to install monitoring devices or other equipment at the fence line of the facility to monitor for potential releases from the facility into the surrounding community, except as specified; requires DTSC to grant such a request from a member of the public for a technical assistance grant for the purpose of getting assistance relating to, and information about, a pending hazardous waste facilities permit if DTSC receives the request within one year of the submission of the applicable hazardous waste facilities permit application, and would authorize DTSC to, in its discretion, grant such a request received more than one year from the submission of the applicable permit application, requires the permit applicant to fund the grants; requires DTSC, upon receipt of an application for a new hazardous waste facilities permit or for a renewal of a hazardous waste facilities permit, to post on its Internet Web site that the application has been received, and to include with this information a description of the process for applying for a technical assistance grant. AB 1400 was held by the author in the Senate Environmental Quality Committee.

SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2015) among other things, created the IRP to review and make recommendations for improving DTSC programs, as specified.

SB 673 (Lara, Chapter 611, Statutes of 2015) revises the DTSC’s permitting process and public participation requirements for hazardous waste facilities.

SB 712 (Lara, Chapter 833, Statutes of 2014) requires DTSC, on or before December 31, 2015, to issue a final permit decision on an application for a hazardous waste facilities permit that is submitted by a facility operating under a grant of interim status on or before January 1, 1986, by either issuing a final permit or a final denial of the application.

SB 812 (de León, 2014) would have required DTSC to adopt regulations by January 1, 2017, to specify conditions for new permits and the renewal of existing permits, as specified, and establishes deadlines for the submission and processing of facility applications, as specified. SB 812 was vetoed by Governor Brown.

SOURCE:

Center on Race, Poverty and the Environment

SUPPORT:

American Veterans

Apostolic Faith Center

Asian Pacific Environmental Network

Breast Cancer Prevention Partners

California Communities Against Toxics

California Environmental Justice Alliance

California Kids IAQ

California League of Conservation Voters

California Safe Schools

Center on Race Poverty and the Environment

Coalition for a Safe Environment

Community Dreams

Clean Water Action

Del Amo Action Committee

EMERGE

Environmental Working Group

Friends Committee on Legislation of California

Friends of the Earth - US

Mothers for East Los Angeles

National Association for the Advancement of Colored People (NAACP) #1069

Natural Resources Defense Council

Physicians for Social Responsibility – San Francisco Bay Area Chapter

Resurrection Church

San Pedro Peninsula Homeowners Coalition

Sierra Club California

St. Philomena Social Justice Ministry

The Trust for Public Land

Wilmington Improvement Center

OPPOSITION:

Alhambra Chamber of Commerce 

California Business Properties Association

California Cement Manufacturers Environmental Coalition

California Chamber of Commerce

California Metals Coalition

California Small Business Alliance

Camarillo Chamber of Commerce

Chemical Industry Council of California

Clean Harbors Environmental Services, Inc.

Fontana Chamber of Commerce

El Dorado County Chamber of Commerce

Greater Fresno Area Chamber of Commerce

Industrial Environmental Association

Metal Finishing Association of Northern California

Metal Finishing Association of Southern California

National Federation of Independent Business

Norco Area Chamber of Commerce

North Orange County Chamber

Oxnard Chamber of Commerce

Palm Desert Area Chamber of Commerce

Rancho Cordova Chamber of Commerce

Redondo Beach Chamber of Commerce & Visitors Bureau

Safety-Kleen, Inc.

San Diego Regional Chamber of Commerce

Simi Valley Chamber of Commerce

South Bay Association of Chambers of Commerce

Southwest California Legislative Council

Torrance Chamber of Commerce

West Coast Lumber & Building Material Association

Western Plant Health Association

Western States Petroleum Association

ARGUMENTS IN SUPPORT:

A coalition of support states that “this bill will address a significant deficiency in the regulatory authority of DTSC since there is no standard requirement for inspection frequency in statute or regulations. This has led to gaps of up to 12 years between inspections at hazardous waste facilities in California. AB 1179 will help better protect human health and the environment as regular and more frequent inspections can help avoid exposing the public and the environment to harmful toxins.

ARGUMENTS IN OPPOSITION:

A coalition of opposition argues that DTSC is in the midst of a comprehensive assessment of its enforcement program including inspection policies. “AB 1179’s approach amounts to ‘putting the cart before the horse.’ Rather than simply instituting an undoubtedly costly regime of more frequent onsite inspections, what is needed is a thorough review and accounting to the Legislature and the Administration of the quality and substance of DTSC’s onsite inspection process and how DTSC will improve that process. That discussion should take precedence over, and provide some further guidance for any subsequent deliberations as to how frequently these inspections occur.”

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1179

Author:(Kalra)

As Amended Ver:April 17, 2017

Majority vote

SUMMARY: Requires the Department of Toxic Substances Control (DTSC) to, on or before January 1, 2020, adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and for hazardous waste generators and transporters.

EXISTING LAW:

1) Requires DTSC to enforce the standards within the Hazardous Waste Control Law (HWCL) and the regulations adopted by DTSC pursuant to the HWCL. (Health and Safety Code Section (HSC) Section 25180)

2) Authorizes DTSC to conduct inspections, conduct sampling activities, inspect and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed. (HSC Section 25185)

FISCAL EFFECT: According to the Assembly Appropriations Committee, enactment of this bill could result in, "Unknown one-time costs, likely of between $150,000 and $250,000 for DTSC to adopt regulations on inspection frequencies (special fund) and unknown increased annual costs, potentially in the low millions of dollars, for DTSC to increase landfill and facility inspections."

COMMENTS: Need for the bill: According to the author, "Current law provides DTSC with complete discretion on when and what frequency to provide facility inspections. AB 1179 sets a mandatory minimum to ensure that the department is effectively monitoring and enforcing compliance at the facilities in its charge. AB 1179 will help ensure that violations are discovered quickly and facilities are brought back into compliance, thereby minimizing harm to nearby communities."

DTSC's hazardous waste management permitting program: DTSC is responsible for administering the hazardous waste facility permitting program established under the HWCL and the federal Resource Conservation and Recovery Act (RCRA). The core activities of the permitting program include: review of RCRA and non-RCRA hazardous waste permit applications to ensure safe design and operation; issuance and denial of operating permits; issuance of post-closure permits; approval and denial of permit modifications; issuance and denial of emergency permits; review and approval of closure plans; oversight of approved closure plans; and, providing public involvement on issues related to permitted facilities.

DTSC's hazardous waste management enforcement program: DTSC's inspection and enforcement responsibilities include its delegated authority under RCRA, California's HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste. Core activities of DTSC's hazardous waste management program include: routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

DTSC Independent Review Panel (IRP): In 2015, the Legislature passed and the Governor signed SB 83 (Budget and Fiscal Review Committee), Chapter 24, Statutes of 2015, which establishes within DTSC a three-member IRP to review and make recommendations regarding improvements to DTSC's permitting, enforcement, public outreach, and fiscal management. The IRP is required to submit recommendations to the Governor and Legislature at the time of each submission of the Governor's budget, 90 days after the IRP was initially appointed, and every 90 days thereafter on DTSC's progress in reducing permitting and enforcement backlogs, improving public outreach, and improving fiscal management.

The IRP's third report, issued in July 2016, focused on DTSC's enforcement program and included this recommendation to the Governor and Legislature: include, in statute, inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and hazardous waste generators in statute. The frequencies should be based on facility compliance history, quantity of waste, toxicity risk, and proximity to sensitive habitats and populations at risk, including disadvantaged communities.

Managing hazardous waste is a complex and potentially dangerous task; incorrect handling of certain hazardous wastes could pose significant threats to human health and safety and the environment. Ensuring compliance with state and federal hazardous waste laws is one of DTSC's core regulatory functions. Inspecting hazardous waste facilities is a vital tool to ensure that these hazardous waste facilities are in compliance or have returned to compliance from recent violations. Current law does not impose minimum inspection frequencies for hazardous waste facilities. Given the potential hazards associated with the mismanagement of these wastes it is appropriate to direct DTSC to adopt regulations for inspection frequencies for hazardous waste facilities, generators, and transporters. The approach in this bill provides DTSC flexibility on how best to set inspection targets via a public rulemaking process.

Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0000551

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1179

Author:(Kalra) – As Amended Ver:April 17, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Toxic Substances Control (DTSC) to adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage and disposal facilities, and for hazardous waste generators and transporters by January 1, 2020. Additionally, this bill requires DTSC to set the inspection frequency for hazardous waste landfills at no less than two times per calendar year and requires the inspection frequency for any other permitted hazardous waste facility to be no less than once per calendar year.

FISCAL EFFECT:

1. Unknown one-time costs, likely of between $150,000 and $250,000 for DTSC to adopt regulations on inspection frequencies (special fund)
2. Unknown increased annual costs, potentially in the low millions of dollars, for DTSC to increase landfill and facility inspections.

COMMENTS:

1. Purpose. According to the author, hazardous waste facilities that are not in compliance with state and federal laws and regulations pose a risk to public health and the environment. The author further contends that it is vital that permitted hazardous waste facilities be inspected on a regular basis to ensure compliance with state and federal laws and regulations. This bill sets minimum inspection frequencies for DTSC for hazardous waste facilities to ensure compliance.
2. Background. DTSC is responsible for administering the hazardous waste facility permitting program established under the Hazardous Waste Control Law (HWCL) and the federal Resource Conservation and Recovery Act (RCRA). DTSC’s inspection and enforcement responsibilities include its delegated authority under RCRA, California’s HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste.

Core activities of DTSC’s hazardous waste management program include: routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

1. DTSC Independent Review Panel (IRP). SB 83 (Committee on Budget and Fiscal Review), Chapter 24, Statutes of 2015, established a three-member IRP to review and make recommendations regarding improvements to DTSC’s permitting, enforcement, public outreach, and fiscal management. The IRP’s third report was issued in July 2016 and focused on DTSC’s enforcement program. This IRP report offered three recommendations to the Governor and Legislature:
2. Include, in statute, inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and hazardous waste generators in statute. The frequencies should be based on facility compliance history, quantity of waste, toxicity risk, and proximity to sensitive habitats and populations at risk, including disadvantaged communities;
3. Support AB 1858 (Santiago, Chapter 449, statutes of 2016), which requires the Department of Motor Vehicles to establish an Unlicensed Automobile Dismantling Task Force to investigate the occurrences of unlicensed vehicle dismantling; and,
4. Increase the maximum penalties for violations of the HWCL to make them equivalent to the federal maximum penalties for similar violations, with an inflation allowance.

This bill addresses the first recommendation.

1. Related Legislation. AB 245 (Gomez) requires DTSC to review and approve corrective action cost estimates and financial assurances as a condition of an operational hazardous waste facility permit. This bill is pending referral in the Senate.

AB 246 (Santiago) gives DTSC the authority to require fence line monitoring by hazardous waste facility permit holders. This bill is in this Committee on Suspense.

AB 247 (C. Garcia) requires the Office of Environmental Health Hazard Assessment to convene a statewide lead taskforce to review and provide recommendations on policies and procedures to reduce lead poisoning in the state. This is in this Committee on Suspense.

1. AB 248 (Reyes) makes several changes to improve the permitting of hazardous waste facilities. This bill is on the Assembly Floor.
2. AB 249 (Gomez). This bill would increase the maximum penalties for hazardous waste violations to make them equivalent to the federal penalties for the same violations. This bill is pending referral in the Senate.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 25, 2017

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Bill Quirk, Chair

ABPCA Bill Id:AB 1179 (

Author:Kalra) – As Amended Ver:April 17, 2017

SUBJECT: Hazardous waste facilities: inspections

SUMMARY: Requires the Department of Toxic Substances Control (DTSC) to, on or before January 1, 2020, adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage and disposal facilities and for hazardous waste generators and transporters. Specifically, this bill:

1) Requires DTSC to, on or before January 1, 2020, adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage and disposal facilities and for hazardous waste generators and transporters.

2) Requires DTSC, when adopting regulations establishing inspection frequencies for hazardous waste facilities, generators, and transporters, to include criteria for increasing the frequency of inspections based on factors including, but not limited to, compliance history, the quantity of hazardous waste handled, the ignitability, corrosivity, reactivity, and toxicity of hazardous waste handled, and proximity to sensitive habitats, sensitive receptors, or disadvantaged communities.

3) Requires DTSC to set the inspection frequency for hazardous waste landfills at no less than two times per calendar year. Requires the inspection frequency for any other permitted hazardous waste facility to be no less than once per calendar year.

4) Defines "disadvantaged community" as an area that is a low-income area and is disproportionately affected by environmental pollution or other hazards that can lead to negative health effects, exposure, or environmental degradation.

5) Defines "low-income area" as an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits.

EXISTING LAW:

1) Requires DTSC to enforce the standards within the Hazardous Waste Control Law (HWCL) and the regulations adopted by DTSC pursuant to the HWCL. (Health and Safety Code Section (HSC) § 25180)

2) Authorizes DTSC to conduct inspections, conduct sampling activities, inspect and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed. (HSC § 25185)

3) Authorizes DTSC to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued pursuant to the HWCL. (HSC § 25186)

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author,

"Current law provides DTSC with complete discretion on when and what frequency to provide facility inspections. AB 1179 sets a mandatory minimum to ensure that department is effectively monitoring and enforcing compliance at the facilities in its charge. AB 1179 will help ensure that violations are discovered quickly and facilities are brought back into compliance, thereby minimizing harm to nearby communities.

Communities across the state have expressed concerns regarding the regulation of hazardous waste facilities. The situation at the Exide facility in Vernon, California—where lax permitting and enforcement allowed the plant to operate near a disadvantaged community and emit toxic metals like lead for over three decades on a temporary permit—is a prime example that validates the public’s concerns. More frequent inspections may have addressed violations sooner. While the plant has closed down, other communities should not suffer the same fate.

Hazardous waste facilities that are not in compliance with state and federal laws and regulations pose a risk to public health and the environment. It is vital that permitted hazardous waste facilities be inspected on a regular basis to ensure compliance with state and federal laws and regulations. AB 1179 sets minimum inspection frequencies for DTSC for hazardous waste facilities to ensure compliance."

DTSC’s hazardous waste management permitting program: DTSC is responsible for administering the hazardous waste facility permitting program established under the HWCL and the federal Resource Conservation and Recovery Act (RCRA). The core activities of the permitting program include: review of RCRA and non-RCRA hazardous waste permit applications to ensure safe design and operation; issuance and denial of operating permits; issuance of post-closure permits; approval and denial of permit modifications; issuance and denial of emergency permits; review and approval of closure plans; oversight of approved closure plans; and, providing public involvement on issues related to permitted facilities.

DTSC’s hazardous waste management enforcement program: DTSC’s inspection and enforcement responsibilities include its delegated authority under RCRA, California’s HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste. Core activities of DTSC’s hazardous waste management program include: routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

According to DTSC documents dated January 2016, the following are the current inspection frequencies based on facility type:

# of facilities Type of facility Frequency

11 Operating Federal facility every year

3 Operating landfill every year

47 Operating treatment/storage facility every 2 years

32 Operating treatment/storage state only

Or standardized permit every 1-3 years

30 Post-closure facility every 3-5 years

DTSC Independent Review Panel (IRP): In 2015, the Legislature passed and the Governor signed SB 83 (Chapter 24, Statutes of 2015) which establishes within DTSC a three-member IRP to review and make recommendations regarding improvements to DTSC’s permitting, enforcement, public outreach, and fiscal management. The IRP is required to submit recommendations to the Governor and Legislature at the time of each submission of the Governor’s budget, 90 days after the IRP was initially appointed and every 90 days thereafter on the Department’s progress in reducing permitting and enforcement backlogs, improving public outreach, and improving fiscal management.

The IRP’s third report was issued in July 2016 and focused on DTSC’s enforcement program. This progress report consists of a discussion of DTSC’s Hazardous Waste Management Program and an update on previously submitted IRP recommendations pertaining to enforcement. The IRP noted that DTSC met or exceeded its federal inspection targets under its federal grant under RCRA as well as nearly all of its state inspection commitments and targets during Fiscal Year 2015-16. Although the IRP believes the inspection targets should be clearer and reported to the public on a regular basis, DTSC deserves praise for the recent inspection metrics.

This IRP report offered three recommendations to the Governor and Legislature:

1. Include, in statute, inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and hazardous waste generators in statute. The frequencies should be based on facility compliance history, quantity of waste, toxicity risk, and proximity to sensitive habitats and populations at risk, including disadvantaged communities;

2. Support AB 1858 (Santiago, Chapter 449, statutes of 2016), which requires the Department of Motor Vehicles to establish an Unlicensed Automobile Dismantling Task Force to investigate the occurrences of unlicensed vehicle dismantling; and,

3. Increase the maximum penalties for violations of the HWCL to make them equivalent to the federal maximum penalties for similar violations, with an inflation allowance.

DTSC’s Recent Program Improvements/Activities: DTSC received resources to develop and implement a two-year work-plan to improve its enforcement processes and outcomes in the Fiscal Year 2015-16 budget. The Improving Enforcement Performance Work-plan has the following goals: (1) clearly define the inspection and enforcement process and identify areas for streamlining the process as well as barriers; (2) establish clear metrics to evaluate performance; (3) create a formal review process for enforcement case management; (4) clearly communicate the inspection and enforcement processes to stakeholders and the community; and, (5) incorporate community engagement in setting priorities. DTSC expects to accomplish all of the work-plan goals by June of 2017.

Managing hazardous waste is a complex and potentially dangerous task; incorrect handling of certain hazardous wastes could pose significant threats to human health and safety and the environment. Ensuring compliance with state and federal hazardous waste laws is one DTSC’s core regulatory functions. Inspecting hazardous waste facilities is a vital tool to ensure that these hazardous waste facilities are in compliance or have returned to compliance from recent violations. Current law does not impose minimum inspection frequencies for hazardous waste facilities. Given the potential hazards associated with the mismanagement of these wastes it is appropriate to direct DTSC to adopt regulations for inspection frequencies for hazardous waste facilities, generators and transporters. The approach in AB 1179 provides DTSC flexibility on how best set inspection targets via a public rulemaking process.

Related legislation:

1) AB 245 (Gomez). This bill would require DTSC to review and approve corrective action cost estimates and financial assurances as a condition of an operational hazardous waste facility permit. This bill is in the Assembly Appropriations Committee, hearing pending.

2) AB 246 (Santiago). This bill would give DTSC the authority to require fence line monitoring by hazardous waste facility permit holders. This bill was placed on the suspense file in the Assembly Appropriations Committee on 4/5/17.

3) AB 247 (C. Garcia). This bill would require the Office of Environmental Health Hazard Assessment to convene a statewide lead taskforce to review and provide recommendations on policies and procedures to reduce lead poisoning in the state. This bill was placed on the suspense file in the Assembly Appropriations Committee on 4/5/17.

4) AB 248 (Reyes). This bill would make several changes to improve the permitting of hazardous waste facilities. This bill is in the Assembly Appropriations Committee, hearing pending.

5) AB 249 (Gomez). This bill would increase the maximum penalties for hazardous waste violations to make them equivalent to the federal penalties for the same violations. This bill is on the Assembly Floor 3^rd Reading file as of 4/20/17.

6) SB 774 (Leyva). This bill creates the Toxic Substances Board, which would succeed to and be vested with all of the powers, duties, purposes, responsibilities, and jurisdiction of DTSC. This bill is scheduled to be heard in the Senate Environmental Quality Committee on 4/19/17.

REGISTERED SUPPORT / OPPOSITION:

Support

Asian Pacific Environmental Network

Breast Cancer Prevention Partners

California Environmental Justice Alliance

California League of Conservation Voters

Center For Race, Poverty and the Environment

Clean Water Action

Environmental Working Group

Friends of the Earth - US

Natural Resources Defense Council

Sierra Club California

The Trust for Public Land

Opposition

Alhambra Chamber of Commerce

California Business Properties Association

California Cement Manufacturers Environmental Coalition

California Chamber of Commerce

California Manufacturers and Technology Association

California Metals Coalition

California Small Business Alliance

Camarillo Chamber of Commerce

Chemical Industry Council of California

Clean Harbors Environmental Services, Inc.

Fontana Chamber of Commerce

El Dorado County Chamber of Commerce

Greater Fresno Area Chamber of Commerce

Industrial Environmental Association

Metal Finishing Association of Northern California

Metal Finishing Association of Southern California

National Federation of Independent Business

Norco Area Chamber of Commerce

North Orange County Chamber

Oxnard Chamber of Commerce

Palm Desert Area Chamber of Commerce

Rancho Cordova Chamber of Commerce

Redondo Beach Chamber of Commerce & Visitors Bureau

Safety-Kleen, Inc.

San Diego Regional Chamber of Commerce

South Bay Association of Chambers of Commerce

Southwest California Legislative Council

Simi Valley Chamber of Commerce

Torrance Chamber of Commerce

West Coast Lumber & Building Material Association

Western Plant Health Association

Western States Petroleum Association

Analysis Prepared by: Josh Tooker / E.S. & T.M. /