Hazardous materials business and area plans: consumer products: recordkeeping.

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, or CUPA. Existing law authorizes a state or local agency that has a written agreement with a CUPA, and is approved by the secretary, to implement or enforce one or more of the unified program elements as a participating agency. Existing law defines "unified program agency," or UPA, to mean the CUPA or its participating agencies, as provided. Existing law declares that, in order to protect the public health and safety and the environment, it is necessary to establish business and area plans relating to the handling and release or threatened release of hazardous materials. Existing law requires a business to establish and implement a business plan, as defined, for emergency response to a release or threatened release of a hazardous material if the business meets specified conditions at any unified program facility, as defined. Existing law exempts from that requirement certain hazardous materials, including a hazardous material that is contained solely in a consumer product, handled at, and found in, a retail establishment and intended for sale to, and for the use by, the public, except in specified circumstances. Existing law defines "consumer product" as a commodity that is used for personal, family, or household purposes, or that is present in the same form, concentration, and quantity as a product prepackaged for distribution to and for use by the general public. Existing law delegates to the unified program agencies the responsibility and authority to implement and enforce these requirements. This bill would expand the scope of hazardous materials subject to regulation pursuant to the hazardous waste control laws by narrowing the definition of "consumer product" to require that the commodity be present in the same form, concentration, and quantity as a product prepackaged for distribution to a consumer for personal, family, or household purposes, instead of for use by the general public, and by otherwise narrowing the exemption for consumer products from regulation of hazardous materials, as provided. By making changes to the laws enforced by uniform program agencies and thereby imposing additional duties, the bill would impose a state-mandated local program. This bill would require a supplier, as defined, that sells or provides a certain amount of hazardous materials meeting certain requirements to a business in the state in certain quantities to maintain records containing certain information concerning the sale or provision of the hazardous materials for a minimum of one year and would require the suppliers to make those records available to a UPA within 5 days of a request. The bill would, except as provided, require a handler subject to the business plan requirement, if directed by a UPA during an investigation or inspection, to notify the UPA if those hazardous materials in certain quantities are to be removed from the storage or handling location and transferred to another location, and to disclose to the UPA certain information regarding the transfer. Existing law provides that a person who knowingly violates specified requirements related to hazardous materials business plans, after reasonable notice of the violation, is, upon conviction, guilty of a misdemeanor. Existing law provides that a person who willfully prevents, interferes with, or attempts to impede the enforcement of the requirements related to hazardous materials business plans by any authorized representative of a unified program agency is, upon conviction, guilty of a misdemeanor. By expanding the scope of hazardous materials subject to regulation pursuant to the hazardous waste control laws and imposing additional requirements related to handlers of hazardous materials, this bill would expand the scope of a crime. 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 specified reasons.