SB 883: Hazardous materials: reactive chemicals: methyl methacrylate: facilities.

(1)Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law authorizes a state or local agency that has a written agreement with a certified unified program agency, and is approved by the secretary, to implement or enforce one or more of the unified program elements as a participating agency. Existing law requires the certified unified program agency in each jurisdiction, in conjunction with participating agencies, to develop and implement a single, unified inspection and enforcement program to ensure coordinated, efficient, and effective enforcement of the unified program and any local ordinance or regulation pertaining to the handling of hazardous waste or hazardous materials. Existing law requires the secretary to establish a statewide information management system capable of receiving all data collected by the unified program agencies and reported by regulated businesses and to make all nonconfidential data available on the internet.

This bill would prohibit a city or county, or city and county, from approving a building permit for a new reactive chemical storage facility, as defined, with the potential for an explosion, including, but not limited to, due to thermal runaway reaction, that may cause injury or death, unless the proposed facility has a backup cooling system or other contingency system approved by the unified program agency and is not adjacent to a home. The bill would require a city council or county board of supervisors, before approving a building permit for that purpose, to provide the public with notice and the opportunity to comment. If a city or county, or city and county, approves a building permit for that purpose, the bill would require the city or county, or city and county, to notify the Office of Emergency Services and the Office of Environmental Health Hazard Assessment. The bill would make the approval of a building permit for certain reactive chemical storage facilities ineligible for a specified exemption from the California Environmental Quality Act. The bill would require a city, county, or city and county to include in the next revision of its emergency operations plan a specific designation for which emergency response department will serve as the lead agency for responding to hazardous materials incidents. By imposing additional requirements on cities and counties, the bill would impose a state-mandated local program. The bill would require the Office of Environmental Health Hazard Assessment to consider reactive chemical storage facilities as a factor in identifying disadvantaged communities for various purposes under existing law.

This bill would revise the requirement for the secretary to make available on the internet all nonconfidential data collected by the unified program agencies and reported by regulated businesses to specifically authorize the secretary to determine the form and manner of making that data available on the internet.

This bill would require the unified program agency in each jurisdiction to routinely conduct an inspection of each reactive chemical storage facility in its jurisdiction no less than once every 3 years. The bill would require the unified program agency to report the results of the inspection to the California Environmental Protection Agency, the Office of the State Fire Marshal, and the Office of Emergency Services. By imposing additional requirements on unified program agencies, the bill would impose a state-mandated local program.

(2)Existing law requires the California Environmental Protection Agency to obtain and maintain state delegation of, and to implement, the federal accidental release prevention program, with certain amendments specific to the state. Pursuant to these provisions, a stationary source, as defined, with a process that has a regulated substance present in more than a threshold quantity is required to prepare and submit to the United States Environmental Protection Agency and the unified program agency a risk management plan, unless the unified program agency makes a specified determination to exempt the stationary source from the program. Existing law imposes criminal penalties upon a stationary source that knowingly violates the requirements of the program.

This bill would expand the programs definition of regulated substance to include methyl methacrylate and would require the California Environmental Protection Agency to adopt a state threshold quantity applicable to methyl methacrylate through regulation. By adding an additional substance to the program, the bill would expand the scope of a crime and impose a state-mandated local program. The bill would provide that a stationary source that stores or uses methyl methacrylate is not eligible for exemption from the program. Because the bill would make changes to provisions enforced by unified program agencies, the bill would impose a state-mandated local program.

(3)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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

This bill would provide that with regard to certain mandates no reimbursement is required by this act for specified reasons.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.