SB 883: Reactive chemicals: facilities: methyl methacrylate.

(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.

This bill would prohibit a city or county county, or city and county, from approving a building permit for a new reactive chemical storage facility facility, as defined, with the potential for an explosion explosion, including, but not limited to, due to thermal runaway reaction reaction, that may cause injury or death 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 or other building that may contain people. The bill would require a city council or county, 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 county, or city and county, approves a building permit for that purpose, the bill would require the city or county 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 that purpose a reactive chemical storage facility ineligible for a specified exemption from the California Environmental Quality Act. By imposing additional requirements on cities and counties, the bill would impose a state-mandated local program. The bill would provide that, if a thermal runaway reaction explosion occurs, an explosion, or threat of an explosion, occurs at a reactive chemical storage facility, the fire department or fire authority, as applicable, has primary jurisdiction to mitigate the crisis rather than the county health department. The bill would require the Office of Emergency Services to develop, post on its internet website, and update a map of reactive chemical storage facilities, as prescribed. The bill would require the Office of Environmental Health Hazard Assessment to consider reactive chemical storage facilities as a factor in determining pollution burden as part of a specified health screening tool, commonly known as CalEnviroScreen, used to identify disadvantaged communities for various purposes under existing law.

This bill would require the certified unified program agency in each jurisdiction to routinely conduct an inspection of each reactive chemical storage facility in its jurisdiction no less than once annually. The bill would require the certified 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 certified uniform 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. 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 Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income.

This bill would, for taxable years beginning on or after January 1, 2026, exclude from gross income any amount received by a qualified taxpayer, as defined, in settlement for claims relating to the May 2026 chemical incident at the GKN Aerospace manufacturing facility.

(4)Existing law requires that any bill introduced on or after January 1, 2020, that would authorize certain tax expenditures, as defined, contain, among other things, specific goals, purposes, and objectives that the tax expenditure or exemption will achieve, detailed performance indicators, and data collection requirements.

This bill would include additional information required for any bill authorizing a new tax expenditure.

(5)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.

(6)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.