Keeping up to Date

MEHS Consulting keeps you current on regulatory or legislative fronts

2017 CA LEGISLATIVE UPDATE – APRIL 2017

SENATE – PRIORITY BILLS:

  • SB 49 – De Leόn: Anti-Trump – keeps CA standards at prior Federal levels SB-49 (De Leόn) Opposition-Letters – discussion w industry/Nat’l Resources Defense Council (NRDC)

  • SB 258 – Lara – Ingredient disclosure in cleaning products: disclosure in cleaning products – no trade secret protection – counter-productive labeling mandates – Lara calling for “working group” to find common ground

  • SB 774 (Leyva) Create DTSC Board to assume ED’s responsibilities – Legislative Analyst Office (LAO) just released report on toxics permitting

ADDITIONAL SENATE BILLS of INTEREST:

  • SB 80 – Wieckowski – CEQA – requires notice to alleged violator or cause of legal action

  • SB 504 – Wieckowski – requires foods using synthetic coloring to provide label warnings re hyperactivity
  • SB 584 – De Leόn – increases State RPS standard to 100% by 2045 – dialogue starter?
  • SB 740 – Wiener – risk management mandates for onsite treated potable water (* NEW*)

ASSEMBLY – PRIORITY BILLS:

  • AB 12 – Cooley: State Government: Administrative Regulation: Review; Read Coalition Support Letter – opposition from labor
  • AB 55 – Thurmond: Hazardous Materials Management – Exemption claims for contract workers (priority?)
  • AB 151 – Burke – pro-market market-mechanisms (Cap & Trade) climate bill – in discussion w Garcia (378) o AB 378 – C. Garcia – anti-market market-mechanisms (Cap & Trade) climate bill – in discussion w Burke (151
  •  AB 421 – Santiago – adds disposal of Superfund (CERCLA) chemicals into the air
  • AB 1132 – Garcia – Air Pollution Violations – Abatement Order– discussion re “meet & confer” period
  •  AB 1575 – Kalra – professional cosmetics labelling (same issues as SB 258)
  • AB 1645 – Maratsuchi – Prevent HF use in any amount over 250 gallons in developed area.

ADDITIONAL ASSEMBLY BILLS of INTEREST:

  • AB 245 – Gomez, AB 246 – Santiago, AB 248 – Reyes, AB 249 – Gomez – Assembly package of hazardous waste bills – DTSC IRP-prompted – All Bills passed ES&TM – moved to ASM Appropriations
  •  AB 313 – Gray – significant reorganization of water responsibilities between SWRCB and DWR– driven by Ag industry
  • AB 514 – Salas – vehicle for Advisory Committee on Surplus Household Consumer Products – 2-year bill? focusing on pharmaceuticals
  • AB 1179 – Kalra – hazardous waste facility inspections
  •  AB 1323 – Weber – establish urban water use targets
  • AB 1583 – Chau – Prop 65 enforcement mandates for notification – bipartisan support
  • AB 1646, AB 1647, 1648, 1649 by Maratsuchi are other EJ-driven refinery bills
  • AB 1669 – Friedman – establish urban water use targets
REGULATORY UPDATE:

Cal EPA

  • CUPA Regulatory Amendments
    • Package likely to Office of Admin Law (OAL) early April, to trigger 45-day public review Dept. Toxic Substances Control (DTSC)
  • IRP continues DTSC probe (met  12 April)
    •  CUPAs and CalARP
    •  DTSC budget
  • Safer Consumer Products (SCP)
    • Safer Consumer Products – Second Round- Priority Product Workshops – series of product/chemical workshops now under way
    • Formal Priority Products Listing Regulations for initial 3 proposed Priority Product/Chemical combinations very slow.
    • ACC takes issue w SPF insulation designation
    •  SCP Draft Alternative Analysis (AA) Guidance – GCA Comments
  • Environmental Justice
    • AB 673 workshops underway –> more responsiveness to EJ
  • Draft Proposed Toxicity Criteria Regulations
    • Industry concerned re motives/intent of original discussion language
    • Pushing DTSC to offer revised language as informal draft rather than formal proposal
  • Violation Scoring Procedure (VSP)
  • Retail Hazardous Waste
    • Working group and steering group identifying product to exempt from waste stream Office of Environmental Health Hazard Assessment (OEHHA)
  • Proposition 65
    • Warning Regulations Finalized – take effect October 2018
    • Prop 65 Web Site – active for posting info on Prop 65 chemicals
  • CalEnviroScreen
    • Version 3.0 now active and being used by agencies
  • 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 CICC Comments – Final Dept. of Occupational Safety & Health (CalOSHA)
  • Indoor heat regulations
    • proposing regulatory mandates o no formal proposal or timeline yet
  • Permissible Workplace Exposure Levels (PELS)
    • Health Expert Advisory Committee (HEAC) process resumed for recommending priorities/standards   
  • Issues of “consensus” and “weight of the evidence” resolved Office of Emergency Services
  • Rail Hazmat Fee
    • Railroads Ask 9th Circuit Court to Keep Block on Calif. Hazmat Fee (CARB)
  • Climate Change
    • Scoping Plan – Being revised to deliver 2030 mandated reductions – Proposal expected in April – Board action likely in June
    • Cap & Trade – very much at issue w EJ opposition – Appeals court just ruled in favor of CARB on “tax vs. fee” question
    • Sustainable Freight Strategy – Being actively pursued CalRecycle 75% Reduction Target
    • Plan actively moving forward Water Resources Control Board (SWRCB) • Urban Strategy
    • Water conservation for industrial, commercial and institutional users
  • 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