| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Assembly April 17, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1645Introduced by Assembly Member MuratsuchiFebruary 17, 2017An act to add Article 11.3 (commencing with Section 25240) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hydrogen fluoride.LEGISLATIVE COUNSEL'S DIGESTAB 1645, as amended, Muratsuchi. Hydrogen fluoride: notice of use: substitution.(1) Existing law generally regulates the management of hazardous waste. A violation of the hazardous waste control laws is a crime.This bill would require a business refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride or fluoride, including hydrofluoric acid and modified hydrofluoric acid, to, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020. If that conversion is not possible and the business refinery is located within 2 miles of a residential dwelling, the bill would require the business refinery to cease handling, maintaining, or storing hydrogen fluoride and fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Modified hydrofluoric acid, a solution of hydrogen fluoride and water, a vapor suppressant additive, is used by two refineries in California to manufacture high octane fuel.(2) According to the United States Chemical Safety Board, Hydrofluoric acid is one of the most hazardous and deadly chemicals used in petroleum refining.(3) In February 2015, an explosion at the Exxon Mobil Torrance refinery blanketed nearby neighborhoods with catalyst dust and felt like a 1.7 magnitude earthquake. The explosion barely missed the Torrance refinerys storage of modified hydrofluoric acid. acid settler tank.(4) Investigations have shown that since 1979 there have been more than 80 incidents at the Torrance refinery involving hydrofluoric acid.(5) According to the federal Centers for Disease Control and Prevention, Hydrogen fluoride gas, even at low levels, can irritate the eyes, nose, and respiratory tract. Breathing in hydrogen fluoride at high levels or in combination with skin contact can cause death from an irregular heartbeat or from fluid buildup in the lungs.(6) People who survive after being severely injured by breathing in hydrogen fluoride may suffer lingering chronic lung disease or prolonged or permanent visual defects, blindness, or the total destruction of the eye.(7) Residents in southern California have tried to ban the use of hydrofluoric acid at refineries for more than 25 years.(8) Previous attempts to ban hydrofluoric acid at refineries in California have ended in litigation. Notably, in 1991, Ultramar, the then-operator of the Wilmington refinery sued the South Coast Air Quality Management District after the district adopted a rule phasing out the use of hydrofluoric acid.(9) Today, 616,000 residents in California live within 3.5 miles of refineries that combined store more than 60,000 lbs of modified hydrofluoric acid.(10) Article I of the California Constitution declares, All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.(11)Even in its modified form, hydrofluoric acid could kill more than 500,000 Californians at any moment, causing a threat to property and safety.(11) The lives and health of people residing within the refineries official EPA worst case scenario modified hydrofluoric acid risk zones are in danger from a significant accidental release of modified hydrofluoric acid.(b) It is the intent of the Legislature to balance the needs of public safety with preserving refinery jobs.SEC. 2. Article 11.3 (commencing with Section 25240) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: Article 11.3. Hydrogen Fluoride25240. (a) A business refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid and modified hydrofluoric acid, shall, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020.(b) If it is not possible for a business refinery to convert to a known, significantly less hazardous substitute, as specified in subdivision (a), and the business refinery is located within two miles of a residential dwelling, the business refinery shall cease handling, maintaining, or storing hydrogen fluoride and fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 17, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1645Introduced by Assembly Member MuratsuchiFebruary 17, 2017An act to add Article 11.3 (commencing with Section 25240) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hydrogen fluoride.LEGISLATIVE COUNSEL'S DIGESTAB 1645, as amended, Muratsuchi. Hydrogen fluoride: notice of use: substitution.(1) Existing law generally regulates the management of hazardous waste. A violation of the hazardous waste control laws is a crime.This bill would require a business refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride or fluoride, including hydrofluoric acid and modified hydrofluoric acid, to, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020. If that conversion is not possible and the business refinery is located within 2 miles of a residential dwelling, the bill would require the business refinery to cease handling, maintaining, or storing hydrogen fluoride and fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly April 17, 2017 Amended IN Assembly March 28, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly January 03, 2018 | |
| 8 | 7 | Amended IN Assembly April 17, 2017 | |
| 9 | 8 | Amended IN Assembly March 28, 2017 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill No. 1645 | |
| 14 | 13 | ||
| 15 | 14 | Introduced by Assembly Member MuratsuchiFebruary 17, 2017 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Assembly Member Muratsuchi | |
| 18 | 17 | February 17, 2017 | |
| 19 | 18 | ||
| 20 | - | An act to add Article 11.3 (commencing with Section 25240) to Chapter 6.5 of Division 20 of | |
| 19 | + | An act to add Article 11.3 (commencing with Section 25240) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hydrogen fluoride. | |
| 21 | 20 | ||
| 22 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 22 | ||
| 24 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | - | AB 1645, as amended, Muratsuchi. Hydrogen fluoride: notice of use: substitution. | |
| 25 | + | AB 1645, as amended, Muratsuchi. Hydrogen fluoride: notice of use: substitution. | |
| 27 | 26 | ||
| 28 | - | (1) | |
| 27 | + | (1) Existing law generally regulates the management of hazardous waste. A violation of the hazardous waste control laws is a crime.This bill would require a business refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride or fluoride, including hydrofluoric acid and modified hydrofluoric acid, to, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020. If that conversion is not possible and the business refinery is located within 2 miles of a residential dwelling, the bill would require the business refinery to cease handling, maintaining, or storing hydrogen fluoride and fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 29 | 28 | ||
| 30 | - | (1) Existing law | |
| 29 | + | (1) Existing law generally regulates the management of hazardous waste. A violation of the hazardous waste control laws is a crime. | |
| 31 | 30 | ||
| 32 | - | This bill would require the | |
| 31 | + | This bill would require a business refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride or fluoride, including hydrofluoric acid and modified hydrofluoric acid, to, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020. If that conversion is not possible and the business refinery is located within 2 miles of a residential dwelling, the bill would require the business refinery to cease handling, maintaining, or storing hydrogen fluoride and fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. | |
| 33 | 32 | ||
| 34 | 33 | (2) 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. | |
| 35 | 34 | ||
| 36 | - | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 37 | - | ||
| 38 | - | (1)Existing law generally regulates the management of hazardous waste. A violation of the hazardous waste control laws is a crime. | |
| 39 | - | ||
| 40 | - | ||
| 41 | - | ||
| 42 | - | This bill would require a refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid and modified hydrofluoric acid, to, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020. If that conversion is not possible and the refinery is located within 2 miles of a residential dwelling, the bill would require the refinery to cease handling, maintaining, or storing hydrogen fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. | |
| 43 | - | ||
| 44 | - | ||
| 45 | - | ||
| 46 | - | (2)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. | |
| 47 | - | ||
| 48 | - | ||
| 49 | - | ||
| 50 | 35 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 51 | - | ||
| 52 | - | ||
| 53 | 36 | ||
| 54 | 37 | ## Digest Key | |
| 55 | 38 | ||
| 56 | 39 | ## Bill Text | |
| 57 | 40 | ||
| 58 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 41 | + | The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Modified hydrofluoric acid, a solution of hydrogen fluoride and water, a vapor suppressant additive, is used by two refineries in California to manufacture high octane fuel.(2) According to the United States Chemical Safety Board, Hydrofluoric acid is one of the most hazardous and deadly chemicals used in petroleum refining.(3) In February 2015, an explosion at the Exxon Mobil Torrance refinery blanketed nearby neighborhoods with catalyst dust and felt like a 1.7 magnitude earthquake. The explosion barely missed the Torrance refinerys storage of modified hydrofluoric acid. acid settler tank.(4) Investigations have shown that since 1979 there have been more than 80 incidents at the Torrance refinery involving hydrofluoric acid.(5) According to the federal Centers for Disease Control and Prevention, Hydrogen fluoride gas, even at low levels, can irritate the eyes, nose, and respiratory tract. Breathing in hydrogen fluoride at high levels or in combination with skin contact can cause death from an irregular heartbeat or from fluid buildup in the lungs.(6) People who survive after being severely injured by breathing in hydrogen fluoride may suffer lingering chronic lung disease or prolonged or permanent visual defects, blindness, or the total destruction of the eye.(7) Residents in southern California have tried to ban the use of hydrofluoric acid at refineries for more than 25 years.(8) Previous attempts to ban hydrofluoric acid at refineries in California have ended in litigation. Notably, in 1991, Ultramar, the then-operator of the Wilmington refinery sued the South Coast Air Quality Management District after the district adopted a rule phasing out the use of hydrofluoric acid.(9) Today, 616,000 residents in California live within 3.5 miles of refineries that combined store more than 60,000 lbs of modified hydrofluoric acid.(10) Article I of the California Constitution declares, All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.(11)Even in its modified form, hydrofluoric acid could kill more than 500,000 Californians at any moment, causing a threat to property and safety.(11) The lives and health of people residing within the refineries official EPA worst case scenario modified hydrofluoric acid risk zones are in danger from a significant accidental release of modified hydrofluoric acid.(b) It is the intent of the Legislature to balance the needs of public safety with preserving refinery jobs.SEC. 2. Article 11.3 (commencing with Section 25240) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: Article 11.3. Hydrogen Fluoride25240. (a) A business refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid and modified hydrofluoric acid, shall, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020.(b) If it is not possible for a business refinery to convert to a known, significantly less hazardous substitute, as specified in subdivision (a), and the business refinery is located within two miles of a residential dwelling, the business refinery shall cease handling, maintaining, or storing hydrogen fluoride and fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 59 | 42 | ||
| 60 | 43 | The people of the State of California do enact as follows: | |
| 61 | 44 | ||
| 62 | 45 | ## The people of the State of California do enact as follows: | |
| 63 | 46 | ||
| 64 | - | SECTION 1 | |
| 47 | + | SECTION 1. (a) The Legislature finds and declares all of the following:(1) Modified hydrofluoric acid, a solution of hydrogen fluoride and water, a vapor suppressant additive, is used by two refineries in California to manufacture high octane fuel.(2) According to the United States Chemical Safety Board, Hydrofluoric acid is one of the most hazardous and deadly chemicals used in petroleum refining.(3) In February 2015, an explosion at the Exxon Mobil Torrance refinery blanketed nearby neighborhoods with catalyst dust and felt like a 1.7 magnitude earthquake. The explosion barely missed the Torrance refinerys storage of modified hydrofluoric acid. acid settler tank.(4) Investigations have shown that since 1979 there have been more than 80 incidents at the Torrance refinery involving hydrofluoric acid.(5) According to the federal Centers for Disease Control and Prevention, Hydrogen fluoride gas, even at low levels, can irritate the eyes, nose, and respiratory tract. Breathing in hydrogen fluoride at high levels or in combination with skin contact can cause death from an irregular heartbeat or from fluid buildup in the lungs.(6) People who survive after being severely injured by breathing in hydrogen fluoride may suffer lingering chronic lung disease or prolonged or permanent visual defects, blindness, or the total destruction of the eye.(7) Residents in southern California have tried to ban the use of hydrofluoric acid at refineries for more than 25 years.(8) Previous attempts to ban hydrofluoric acid at refineries in California have ended in litigation. Notably, in 1991, Ultramar, the then-operator of the Wilmington refinery sued the South Coast Air Quality Management District after the district adopted a rule phasing out the use of hydrofluoric acid.(9) Today, 616,000 residents in California live within 3.5 miles of refineries that combined store more than 60,000 lbs of modified hydrofluoric acid.(10) Article I of the California Constitution declares, All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.(11)Even in its modified form, hydrofluoric acid could kill more than 500,000 Californians at any moment, causing a threat to property and safety.(11) The lives and health of people residing within the refineries official EPA worst case scenario modified hydrofluoric acid risk zones are in danger from a significant accidental release of modified hydrofluoric acid.(b) It is the intent of the Legislature to balance the needs of public safety with preserving refinery jobs. | |
| 65 | 48 | ||
| 66 | - | SECTION 1. Section 40452.5 is added to the Health and Safety Code, to read: | |
| 49 | + | SECTION 1. (a) The Legislature finds and declares all of the following:(1) Modified hydrofluoric acid, a solution of hydrogen fluoride and water, a vapor suppressant additive, is used by two refineries in California to manufacture high octane fuel.(2) According to the United States Chemical Safety Board, Hydrofluoric acid is one of the most hazardous and deadly chemicals used in petroleum refining.(3) In February 2015, an explosion at the Exxon Mobil Torrance refinery blanketed nearby neighborhoods with catalyst dust and felt like a 1.7 magnitude earthquake. The explosion barely missed the Torrance refinerys storage of modified hydrofluoric acid. acid settler tank.(4) Investigations have shown that since 1979 there have been more than 80 incidents at the Torrance refinery involving hydrofluoric acid.(5) According to the federal Centers for Disease Control and Prevention, Hydrogen fluoride gas, even at low levels, can irritate the eyes, nose, and respiratory tract. Breathing in hydrogen fluoride at high levels or in combination with skin contact can cause death from an irregular heartbeat or from fluid buildup in the lungs.(6) People who survive after being severely injured by breathing in hydrogen fluoride may suffer lingering chronic lung disease or prolonged or permanent visual defects, blindness, or the total destruction of the eye.(7) Residents in southern California have tried to ban the use of hydrofluoric acid at refineries for more than 25 years.(8) Previous attempts to ban hydrofluoric acid at refineries in California have ended in litigation. Notably, in 1991, Ultramar, the then-operator of the Wilmington refinery sued the South Coast Air Quality Management District after the district adopted a rule phasing out the use of hydrofluoric acid.(9) Today, 616,000 residents in California live within 3.5 miles of refineries that combined store more than 60,000 lbs of modified hydrofluoric acid.(10) Article I of the California Constitution declares, All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.(11)Even in its modified form, hydrofluoric acid could kill more than 500,000 Californians at any moment, causing a threat to property and safety.(11) The lives and health of people residing within the refineries official EPA worst case scenario modified hydrofluoric acid risk zones are in danger from a significant accidental release of modified hydrofluoric acid.(b) It is the intent of the Legislature to balance the needs of public safety with preserving refinery jobs. | |
| 50 | + | ||
| 51 | + | SECTION 1. (a) The Legislature finds and declares all of the following: | |
| 67 | 52 | ||
| 68 | 53 | ### SECTION 1. | |
| 69 | 54 | ||
| 70 | - | 40452.5. (a) No later than January 1, 2020, the south coast district shall submit a report to the Legislature that contains both of the following:(1) A study of hydrogen fluoride and modified hydrogen fluoride, viable alternatives to hydrogen fluoride and modified hydrogen fluoride, and the potential economic impact of removing or retaining hydrogen fluoride and modified hydrogen fluoride in the two refineries located within the boundaries of the south coast district.(2) A safety comparison of hydrogen fluoride and modified hydrogen fluoride to sulfuric acid, ionic liquid, and solid acid catalyst alkylation.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024. | |
| 71 | - | ||
| 72 | - | 40452.5. (a) No later than January 1, 2020, the south coast district shall submit a report to the Legislature that contains both of the following:(1) A study of hydrogen fluoride and modified hydrogen fluoride, viable alternatives to hydrogen fluoride and modified hydrogen fluoride, and the potential economic impact of removing or retaining hydrogen fluoride and modified hydrogen fluoride in the two refineries located within the boundaries of the south coast district.(2) A safety comparison of hydrogen fluoride and modified hydrogen fluoride to sulfuric acid, ionic liquid, and solid acid catalyst alkylation.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024. | |
| 73 | - | ||
| 74 | - | 40452.5. (a) No later than January 1, 2020, the south coast district shall submit a report to the Legislature that contains both of the following:(1) A study of hydrogen fluoride and modified hydrogen fluoride, viable alternatives to hydrogen fluoride and modified hydrogen fluoride, and the potential economic impact of removing or retaining hydrogen fluoride and modified hydrogen fluoride in the two refineries located within the boundaries of the south coast district.(2) A safety comparison of hydrogen fluoride and modified hydrogen fluoride to sulfuric acid, ionic liquid, and solid acid catalyst alkylation.(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024. | |
| 75 | - | ||
| 76 | - | ||
| 77 | - | ||
| 78 | - | 40452.5. (a) No later than January 1, 2020, the south coast district shall submit a report to the Legislature that contains both of the following: | |
| 79 | - | ||
| 80 | - | (1) A study of hydrogen fluoride and modified hydrogen fluoride, viable alternatives to hydrogen fluoride and modified hydrogen fluoride, and the potential economic impact of removing or retaining hydrogen fluoride and modified hydrogen fluoride in the two refineries located within the boundaries of the south coast district. | |
| 81 | - | ||
| 82 | - | (2) A safety comparison of hydrogen fluoride and modified hydrogen fluoride to sulfuric acid, ionic liquid, and solid acid catalyst alkylation. | |
| 83 | - | ||
| 84 | - | (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 85 | - | ||
| 86 | - | (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024. | |
| 87 | - | ||
| 88 | - | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 89 | - | ||
| 90 | - | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 91 | - | ||
| 92 | - | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 93 | - | ||
| 94 | - | ### SEC. 2. | |
| 95 | - | ||
| 96 | - | ||
| 97 | - | ||
| 98 | - | (a)The Legislature finds and declares all of the following: | |
| 99 | - | ||
| 100 | - | ||
| 101 | - | ||
| 102 | - | (1)Modified hydrofluoric acid, a solution of hydrogen fluoride and a vapor suppressant additive, is used by two refineries in California to manufacture high octane fuel. | |
| 103 | - | ||
| 104 | - | ||
| 55 | + | (1) Modified hydrofluoric acid, a solution of hydrogen fluoride and water, a vapor suppressant additive, is used by two refineries in California to manufacture high octane fuel. | |
| 105 | 56 | ||
| 106 | 57 | (2) According to the United States Chemical Safety Board, Hydrofluoric acid is one of the most hazardous and deadly chemicals used in petroleum refining. | |
| 107 | 58 | ||
| 108 | - | ||
| 109 | - | ||
| 110 | - | (3)In February 2015, an explosion at the Exxon Mobil Torrance refinery blanketed nearby neighborhoods with catalyst dust and felt like a 1.7 magnitude earthquake. The explosion barely missed the Torrance refinerys modified hydrofluoric acid settler tank. | |
| 111 | - | ||
| 112 | - | ||
| 59 | + | (3) In February 2015, an explosion at the Exxon Mobil Torrance refinery blanketed nearby neighborhoods with catalyst dust and felt like a 1.7 magnitude earthquake. The explosion barely missed the Torrance refinerys storage of modified hydrofluoric acid. acid settler tank. | |
| 113 | 60 | ||
| 114 | 61 | (4) Investigations have shown that since 1979 there have been more than 80 incidents at the Torrance refinery involving hydrofluoric acid. | |
| 115 | 62 | ||
| 116 | - | ||
| 117 | - | ||
| 118 | 63 | (5) According to the federal Centers for Disease Control and Prevention, Hydrogen fluoride gas, even at low levels, can irritate the eyes, nose, and respiratory tract. Breathing in hydrogen fluoride at high levels or in combination with skin contact can cause death from an irregular heartbeat or from fluid buildup in the lungs. | |
| 119 | - | ||
| 120 | - | ||
| 121 | 64 | ||
| 122 | 65 | (6) People who survive after being severely injured by breathing in hydrogen fluoride may suffer lingering chronic lung disease or prolonged or permanent visual defects, blindness, or the total destruction of the eye. | |
| 123 | 66 | ||
| 124 | - | ||
| 125 | - | ||
| 126 | 67 | (7) Residents in southern California have tried to ban the use of hydrofluoric acid at refineries for more than 25 years. | |
| 127 | - | ||
| 128 | - | ||
| 129 | 68 | ||
| 130 | 69 | (8) Previous attempts to ban hydrofluoric acid at refineries in California have ended in litigation. Notably, in 1991, Ultramar, the then-operator of the Wilmington refinery sued the South Coast Air Quality Management District after the district adopted a rule phasing out the use of hydrofluoric acid. | |
| 131 | 70 | ||
| 132 | - | ||
| 133 | - | ||
| 134 | 71 | (9) Today, 616,000 residents in California live within 3.5 miles of refineries that combined store more than 60,000 lbs of modified hydrofluoric acid. | |
| 135 | 72 | ||
| 73 | + | (10) Article I of the California Constitution declares, All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. | |
| 136 | 74 | ||
| 137 | - | ||
| 138 | - | (10)Article I of the California Constitution declares, All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. | |
| 75 | + | (11)Even in its modified form, hydrofluoric acid could kill more than 500,000 Californians at any moment, causing a threat to property and safety. | |
| 139 | 76 | ||
| 140 | 77 | ||
| 141 | 78 | ||
| 142 | 79 | (11) The lives and health of people residing within the refineries official EPA worst case scenario modified hydrofluoric acid risk zones are in danger from a significant accidental release of modified hydrofluoric acid. | |
| 143 | 80 | ||
| 81 | + | (b) It is the intent of the Legislature to balance the needs of public safety with preserving refinery jobs. | |
| 144 | 82 | ||
| 83 | + | SEC. 2. Article 11.3 (commencing with Section 25240) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: Article 11.3. Hydrogen Fluoride25240. (a) A business refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid and modified hydrofluoric acid, shall, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020.(b) If it is not possible for a business refinery to convert to a known, significantly less hazardous substitute, as specified in subdivision (a), and the business refinery is located within two miles of a residential dwelling, the business refinery shall cease handling, maintaining, or storing hydrogen fluoride and fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020. | |
| 145 | 84 | ||
| 146 | - | (b)It is the intent of the Legislature to balance the needs of public safety with preserving refinery jobs. | |
| 85 | + | SEC. 2. Article 11.3 (commencing with Section 25240) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: | |
| 86 | + | ||
| 87 | + | ### SEC. 2. | |
| 88 | + | ||
| 89 | + | Article 11.3. Hydrogen Fluoride25240. (a) A business refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid and modified hydrofluoric acid, shall, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020.(b) If it is not possible for a business refinery to convert to a known, significantly less hazardous substitute, as specified in subdivision (a), and the business refinery is located within two miles of a residential dwelling, the business refinery shall cease handling, maintaining, or storing hydrogen fluoride and fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020. | |
| 90 | + | ||
| 91 | + | Article 11.3. Hydrogen Fluoride25240. (a) A business refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid and modified hydrofluoric acid, shall, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020.(b) If it is not possible for a business refinery to convert to a known, significantly less hazardous substitute, as specified in subdivision (a), and the business refinery is located within two miles of a residential dwelling, the business refinery shall cease handling, maintaining, or storing hydrogen fluoride and fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020. | |
| 92 | + | ||
| 93 | + | Article 11.3. Hydrogen Fluoride | |
| 94 | + | ||
| 95 | + | Article 11.3. Hydrogen Fluoride | |
| 96 | + | ||
| 97 | + | 25240. (a) A business refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid and modified hydrofluoric acid, shall, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020.(b) If it is not possible for a business refinery to convert to a known, significantly less hazardous substitute, as specified in subdivision (a), and the business refinery is located within two miles of a residential dwelling, the business refinery shall cease handling, maintaining, or storing hydrogen fluoride and fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020. | |
| 147 | 98 | ||
| 148 | 99 | ||
| 149 | 100 | ||
| 101 | + | 25240. (a) A business refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid and modified hydrofluoric acid, shall, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020. | |
| 150 | 102 | ||
| 103 | + | (b) If it is not possible for a business refinery to convert to a known, significantly less hazardous substitute, as specified in subdivision (a), and the business refinery is located within two miles of a residential dwelling, the business refinery shall cease handling, maintaining, or storing hydrogen fluoride and fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020. | |
| 151 | 104 | ||
| 105 | + | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 152 | 106 | ||
| 107 | + | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 153 | 108 | ||
| 109 | + | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 154 | 110 | ||
| 155 | - | ||
| 156 | - | (a)A refinery that, at any time, handles, maintains, or stores more than 250 gallons of hydrogen fluoride, including hydrofluoric acid and modified hydrofluoric acid, shall, if possible, convert to a known, significantly less hazardous substitute by January 1, 2020. | |
| 157 | - | ||
| 158 | - | ||
| 159 | - | ||
| 160 | - | (b)If it is not possible for a refinery to convert to a known, significantly less hazardous substitute, as specified in subdivision (a), and the refinery is located within two miles of a residential dwelling, the refinery shall cease handling, maintaining, or storing hydrogen fluoride, including hydrofluoric acid and modified hydrofluoric acid, by January 1, 2020. | |
| 161 | - | ||
| 162 | - | ||
| 163 | - | ||
| 164 | - | ||
| 165 | - | ||
| 166 | - | No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. | |
| 111 | + | ### SEC. 3. |