California Assembly Bill AB1183 Introduced / Bill

 BILL NUMBER: AB 1183INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Bill Berryhill FEBRUARY 18, 2011 An act to amend Section 25531 of, and to amend the heading of Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of, the Health and Safety Code, relating to hazardous substances. LEGISLATIVE COUNSEL'S DIGEST AB 1183, as introduced, Bill Berryhill. Hazardous substances: accidental release prevention. Existing law provides that the program for the prevention of accidental releases of regulated substances adopted by the Environmental Protection Agency pursuant to the federal Clean Air Act is the accidental release prevention program for the state. This bill would provide that the provisions establishing the program are to be known as the "California Accidental Release Prevention Program" or "CalARP." Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The heading of Article 2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the Health and Safety Code is amended to read: Article 2.  Hazardous Materials Management   California Accidental Release Prevention Program  SEC. 2. Section 25531 of the Health and Safety Code is amended to read: 25531. (a) The Legislature finds and declares that a significant number of chemical manufacturing and processing facilities generate, store, treat, handle, refine, process, and transport hazardous materials. The Legislature further finds and declares that, because of the nature and volume of chemicals handled at these facilities, some of those operations may represent a threat to public health and safety if chemicals are accidentally released. (b) The Legislature recognizes that the potential for explosions, fires, or releases of toxic chemicals into the environment exists. The protection of the public from uncontrolled releases or explosions of hazardous materials is of statewide concern. (c) There is an increasing capacity to both minimize and respond to releases of toxic air contaminants and hazardous materials once they occur, and to formulate efficient plans to evacuate citizens if these discharges or releases cannot be contained. However, programs designed to prevent these accidents are the most effective way to protect the community health and safety and the environment. These programs should anticipate the circumstances that could result in their occurrence and require the taking of necessary precautionary and preemptive actions, consistent with the nature of the hazardous materials handled by the facility and the surrounding environment. (d) As required by Clean Air Act amendments enacted in 1990  (P.L.   (Public Law  101-549), the Environmental Protection Agency has developed a program for the prevention of accidental releases of regulated substances. In developing the program, the Environmental Protection Agency thoroughly reviewed a wide variety of chemical and hazardous substances to identify substances that might pose a risk to public health or safety or to the environment in the event of an accidental release. The Environmental Protection Agency developed a program to prevent accidental releases of those substances determined to potentially pose the greatest risk of immediate harm to the public and the environment. The federal program provides no options for implementing agencies to diminish the requirements or applicability of the federal program. (e) In light of this new federal program, the Legislature finds and declares that the goals of reducing regulated substances accident risks and eliminating duplication of regulatory programs can best be accomplished by implementing the federal risk management program in the state, with certain amendments that are specific to the state. Therefore, it is the intent of the Legislature that the state seek and receive delegation of the federal program for prevention of accidental releases of regulated substances established pursuant to Section 112(r) of the federal Clean Air Act (42 U.S.C. Sec. 7412(r)), by implementing the federal program as promulgated by the Environmental Protection Agency, with certain amendments that are specific to the state.  (f) This article, and the program for the prevention of accidental releases for the state, as specified in Section 25533, shall be known, and may be cited as the "California Accidental Release Prevention Program" or "CalARP."