Keeping up to Date

MEHS Consulting keeps you current on CALIFORNIA regulatory or legislative fronts

2017 CA LEGISLATIVE UPDATE – Sept 2017

SENATE – PRIORITY BILLS:

  • SB 49 – De Leόn: Anti-Trump – keeps CA standards at prior Federal levels SB-49 (De Leόn)  Opposition-Letters – Major cost implications documented – Amendments made but merely technical – amended to add 2022 sunset – industry still strong oppose – ASSEMBLY Rules CICC POSITION: OPPOSE 

  • SB 258 – Lara – Ingredient disclosure in cleaning products – disclosure in cleaning products – Stakeholder “working group” process compromise – CBI satisfactory – labeling improvement – P65 thresholds abandoned – Industry split over compromise language – CICC concern narrowly focused on CBI – CICC POSITION: NEUTRAL – passed to GOVERNOR

  • SB 772 – Leyva – would exempt Cal OSHA from Regulatory Impact Analysis mandates (related to indoor heat reg. issue) – pushed by labor SB 772 (Leyva) ROAR Opposition Letter to ASM Labor Cmte – – ASSEMBLY Floor – CICC POSITION: OPPOSE

  • SB 774 – Leyva Creates DTSC “Board” – ES&TM amendments taken to make Board “advisory” but still w/ power to hire and direct DTSC Director – Governor’s office has told author to put on inactive file (make it 2-year bill), – ASSEMBLY Floor – CICC in stak

  • SB 100 – De Leόn as amended – Energy policies and programs: pushes CA Renewables Portfolio Std. to 100% “zero-carbon” (change from “renewables”)

 

ASSEMBLY – PRIORITY BILLS:

  • AB 398 (E. Garcia) C&T/Fire Prevent fees/ Mfg Sales Use Tax Exempt
  • AB 617 (C. Garcia) non-vehicular air pollution Agreement negotiated over past week twixt Admin, Senate, Assembly and stakeholders – C&T bill (398, 2/3 vote) continues C&T w/ some out-year moderation of allowances, reduction in offsets but w study of options for increasing – Air Quality bill (617, majority vote) enhances criteria pollutant and air toxics protections in designated disadvantaged communities – targets C&T participants even outside those communities. Both Bills Passed Senate and Assembly (2/3 vote) – signed by Governor
  • AB 958 – Ting, Quirk – Hazardous materials: blocks use of fluorinated chemicals in packaging, and preempt DTSC by mandating SCP Priority Product designation for fluorinated products – ban on use of all long-chain compounds eliminated – industry continues opposition to mandate for Priority Product designation under SCP – Proponents pushing Ting staff to more explicit direction to DTSC. DTSC and Admin both oppose that – PLACED ON INACTIVE FILE (2-year bill) 
  • AB 1132 – Garcia – Air Pollution Violations – Abatement Order w/o hearing – amended to require meet & confer, hearing w/in 14 days – Signed by Governor 
  • AB 245 – Gomez, AB 246 – Santiago, AB 248 – Reyes, AB 249 – Gomez (AB 246 and 249 gutted to other topics) – Assembly package of hazardous waste bills – DTSC IRP-prompted – coalition Opposition letters – AB 245 remained problematic, but Chairman Quirk took over an stripped problematic elements – industry amendments adopted for AB 245 passed to GOVERNOR – 248 – SENATE Floor
  • AB 514 – Salas – vehicle for Advisory Committee on Surplus Household Consumer Products – focusing on pharmaceuticals; amended to exempt homeopathic drugs – SENATE EQ 2-yr. bill 
  • AB 1179 – Kalra – mandates frequency of hazardous waste facility inspections – coalition oppose unless amended letters (author letter and ES&TM Cmte letter) SENATE Floor
  • AB 1323 – Weber – Stakeholder process to establish urban water use targets – amended to defer to any targets adopted by legislation – part of water compromise w/ AB 1668 (see below)- SENATE held in appropriations
  • AB 1575 – Kalra – professional cosmetics labelling – same labelling issues as SB 258 above – SENATE held in Appropriations – CICC POSITION: Neutral AB 1583 – Chau – Proposition 65: enforcement: certificate of merit: factual basis mandates for notification – bipartisan support – – SENATE Floor; Coalition Support Letter – CICC POSITION: SUPPORT
  • AB 1646, AB 1647 by Muratsuchi are additional EJ-driven refinery bills – address emergency notification and air monitoring respectively – CUPA’s and industry both urging 1646 for 2-yr bill – 1647 amended to restrict to “refinery-related” monitoring – both bills passed to GOVERNOR
  • Water Conservation Compromise – AB 1668 (Friedman) and SB 606 (Skinner) – includes urban conservation targets, strategy (commercial, industrial, institutional – CII) – favorable CII language negotiated into final bills – bills given rule-wavers to allow committee hearings to move both forward on delayed track – AB 1668 in SENATE Approps; SB 606 on ASSEMBLY Floor 
REGULATORY UPDATE:

Cal EPA

  • CUPA Regulatory Amendments
    • Package delayed within CalEPA prior to going to Office of Admin Law (OAL), to trigger 45-day public review

Dept. Toxic Substances Control (DTSC)

  • IRP continues DTSC probe (met  12 April)
    • Independent Review Panel probes – DTSC SCP Program on 6/14/17 NEW -Water Conservation Compromise
    • GCA Presentation to Independent Review Panel (IRP)
    • Met 9/11 in San Diego to continue evaluation of Source Reduction and SCP programs
    • Work concludes 12/31/17
  • Safer Consumer Products (SCP)
    • Safer Consumer Process Illustrated
    • SCP Alternative Analysis Guidance Now Available
    • Green Ribbon Panel met – July 17th & 18th
  • Environmental Justice
    • AB 673 workshops underway –> more responsiveness to EJ
  • Draft Proposed Toxicity Criteria Regulations
    • Industry concerned re motives/intent of original discussion language
    • DTSC to issue proposal “with significant changes” (not yet shared)

Office of Environmental Health Hazard Assessment (OEHHA)

  • Lead Safe Harbor (MADL)
    • Negotiation w plaintiffs not making progress
    •  OEHHA preparing own version of alternative methodology

Dept Industrial Relations & Office of Emergency Services

  • PSM and CalARP
    • Final Regulatory Proposals, Refinery Task Force – Significant changes for refineries – perhaps for some chemical facilities

Dept. of Occupational Safety & Health (CalOSHA)

  • Indoor heat regulations
    • proposing regulatory mandates
    • passage of SB 772 – Leyva could allow Cal OSHA to side-step a required Reg. Review. Business coalition opposed to SB 772
    • Cal OSHA Draft Indoor Heat Illness Rule DOSH 2/22/17
  • Permissible Workplace Exposure Levels (PELS)
    • Health Expert Advisory Committee (HEAC) process resumed for 

Office of Emergency Services

  • Rail Hazmat Fee
    • Railroads Ask 9th Circuit Court to Keep Block on Calif. Hazmat Fee (CARB)

Air Resources Board (CARB)

  • Climate Change
    • Scoping Plan – Being revised to deliver 2030 mandated reductions – Proposal expected in April – Board deferred in order to adapt plan to conform w/ SB 398 – need to act by 1/1/18
    • Cap & Trade – CARB approved C&T regulatory reforms 7/27/17, meeting their Administrative Procedures Act mandate
    • Environmental Justice – Series of meetings held between CARB Board/Staff and Environmental Justice Advisory Committee (EJAC) – push-back by Board vs some EJAC positions
    • Sustainable Freight Strategy – Being actively pursued as integral to achieving 2030 goals
  • Storm Water Regulations
    • Court-mandated use of Numeric Effluent Limits (NELs) being developed – likely to impact existing TMDLs
    • Discussion of possible tiered fee system appears on-hold

CalRecycle

  • 75% Reduction Target 
    • Plan actively moving forward
Water Resources Control Board (SWRCB)
  • Urban Strategy
    • Water conservation for industrial, commercial and institutional (CII) users o Compromise Legislation setting new overall mandates working way through Legislature (SB 606/AB 1668)
  • Storm Water Regulations
    • Court-mandated use of Numeric Effluent Limits (NELs) being developed – likely to impact existing TMDLs
    • Discussion of possible tiered fee system appears on-hold
  • Mercury and Beneficial Use Regulations
    • Very stringent standards adopted.
    • Major revisions to moderate program implementation