1991-1995 Legislation Overview

Since it was created in 1991, Cal/EPA has made significant strides in improving California's environment. Mono Lake has been saved; there is a historic agreement to protect the critical San Francisco Bay/Delta estuary; California has completed its first clean air plan demonstrating full attainment of the federal ozone standard; two new programs will begin this year that by themselves will eliminate 20 percent of air pollution from Southern California; innovative agreements are speeding the reuse of major hazardous waste sites; the state has reduced its solid waste stream by more than 25 percent; and nine Permit Assistance Centers have been opened to aid employers as they seek to comply with environmental laws.

In the effort to improve environmental protection the following sponsored legislation was enacted during the past five years:

Environmental Permit Reform - SB 1299: Pursuant to SB 1299 enacted in 1995, Cal/EPA will take the next step towards comprehensive reform of the environmental permitting process. This pilot program will allow a permit applicant for a new or expanded facility to substitute a facility compliance plan for all required individual state and local environmental permits and create a process to coordinate inspection and enforcement. Up to 20 areas will be selected for inclusion in this pilot program.

Consolidated Permit Agency Process - SB 1185: SB 1185 allows applicants to work with a consolidated permit agency that would issue a single permit, incorporating all the requirements of the relevant environmental agencies. This expedited process applies to both state and local environmental permits. Regulations were promulgated in September 1995.

Private Site Managers: In 1996, pursuant to AB 1876, Cal/EPA will establish a privatized site manager program which allows non-state employees registered with Cal/EPA to perform many of the hazardous waste site remediation activities with reduced oversight by state agencies. In cases where full cleanup projects are undertaken, state officials will retain the responsibility for final site clearance.

The California Expedited Remedial Action Reform Act of 1994: SB 923 enacted the California Expedited Remedial Action Reform Act of 1994. This Bill required the Department of Toxic Substances Control to implement a pilot program to determine if expedited procedures for carrying out response action at response action sites are appropriate and protective of human health and the environment. The bill also requires the Office of Environmental Health Hazard Assessment to convene hazardous substance cleanup arbitration panels for the purposes of resolving specified disputes under the pilot program.

Environmental Technology Certificate - AB 2060: The environmental technology certification program established by AB 2060 validates the claims of new technologies and enables them to move more quickly to the market. Some of the technologies certified to date include an on-board oil refiner which eliminates the need to change motor oil, a double containment piping system, and hazardous waste detection systems.

Overlap Between the DTSC and SWRCB:  SB 1082 required the State Water Resources Control Board (SWRCB) and the Department of Toxic Substances Control (DTSC) to create a process to remove the overlapping jurisdiction between the two on hazardous waste facilities. 

Overlap Between Site Remediation Agencies: AB 2061 allows a responsible party who agrees to carry out a site investigation and remedial action to request the designation of a single state or local agency to oversee the cleanup action and administer all applicable laws. This process greatly reduces overlap, speeds up and centralizes decision making, and brings contaminated properties in California back into productive use. Parties at more than 25 sites have voluntarily requested designations and more are anticipated.