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EPWM:CP:BJ:DR:sm:srsbills Santa Monica, California
Council Meeting: Aprll 25, 1995 APR 2 5 1995
To: Mayor and City council
From: city staff
Subject: Recommendation to Adopt Resolutions Opposing the Passage
of Callfornia Senate B1II 176 and California Assembly
Bill 1947.
Introduction
This report recommends that the city Council adopt a resolution
opposing the passage of California Senate Bill 176 and California
Assembly Bill 1947. SB 176 imposes restrictions on the
dissemination of information on products containing hazardous
ingredients and safer alternatives to those products. AB 1947
mandates the addition of slgnificant adminlstrative requirements
for all local ordinances concerning hazardous materials. The
League of California Cities has adopted positions opposing both
bills. As requested by the city council, copies of both bills are
attached to this report.
Senate Bill 176 (Alquist)
Backqround
Senate Bill 176 has recently been introduced in the California
state Senate by Senator Alfred Alquist. The bill, sponsored by
manufacturers of hazardous household chemicals, would restrict
state and local agencies from distributing information regarding
the use, storage, and disposal of these potentially dangerous
chemicals. In addition the bill would restrict information which
identified less hazardous products. - 6D
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APR 2 5 1995 ~
ATIACHMENT B
such environmentally friendly products as vinegar, lemon juice,
pumice stone, steel wool, or a plumber's snake since comprehensive
scientific testing does not exist for these items. In spite of the
obvious inappropriateness of applying the proposed standard to such
safe products, any agency which would recommend one of these items
as a replacement for a caustic and toxic drain cleaner would be in
violation of the law.
SB 176 also requires that all information distributed by local
jurisdictions be consistent w1th product labeling. Yet, the
information found on many home chemical containers is unclear,
misleading, or simply wrong. For example, disposal instructions on
home pesticide containers directs the consumer to dispose of the
unused portion of the poison by wrapping the container in newspaper
and throwing it in the municipal trash. Th1S deliberate obscuring
of a pressurized container of p01son, while recommended by the
manufacturer, is not only illegal in most jurisdictions, including
Santa Monica, it is responsible for numerous injur~es to sanitation
workers and has contributed to the contamination of landfills.
Although Senate Bill 176 decreases local control over hazardous
waste management, it does not decrease the potential for local
liability. The loss of control over the constituents of the
municipal trash, sewer outflows, or storm water runoff may result
in an increase in the toxic1ty of these waste streams and would
thus exacerbate the City's liabi11ty.
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In addition, the bill would effectively undermine the intent of the
city's Household Hazardous Materials Consumer Awareness Labeling
Ordinance as information regarding proper disposal and source
reduction would be restricted.
Assembly Bill 1947
Background
Assembly Bill 1947 introduced by Assemblyman Jim Battin also
impacts the ability of local agencies to manage hazardous
materials. The bill states that every regulation adopted, amended,
or repealed by all local agencies relating to hazardous materials
must be submitted to the California Office of Administrative Law
(OAL) for review prior to implementation and must meet specified
standards concerning necessity, authority, clarity, consistency,
reference, and nonduplication. The bill's definition of hazardous
materials is very broad including standards for underground tank
storage, household hazardous waste, and materials discharged into
sewers or storm drains. In addit1on, the AB 1947 specifies a
procedure for review by an arbitrator should any party wish to
challenge the City's actions.
Discussion
Assembly Bill 1947, like SB 176, mandates the addition of
burdensome and unnecessary administrat1ve oversight regarding the
management of hazardous materials. Many of the same concerns
regarding the loss of local control discussed for SB 176 also apply
to AB 1947. If passed, staff would be required to commit extensive
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resources establishing and maintaining the extensive bureaucratic
procedures listed in the bill, thereby making it almost impossible
to take timely, efficient action to protect the City from potential
harm from hazardous materials. Further, once an ordinance is
adopted by the City Council, implementation could be delayed
indefinitely by both the mandated review by the OAL and the open
ended appeals process specified in the bill.
Currently, the OAL is neither staffed for nor capable of reviewing
the number of local hazardous materials related regulations which
are mandated by state and federal programs. Communities such as
Santa Monica which may pursue more active public health and
environmental protection from hazardous materials and waste
exposure would be further deterred due to the lengthy
implementation delays imposed by the bill.
Assembly Bill 1947 also creates an appeals process whereby any
person may challenge a regulation on the grounds that it does not
meet the standards set forth in the bill. The bill mandates the
use of an arbitrator to evaluate every challenge to a regulation.
Should the arbltrator find that the regulation does not meet the
standards set forth ln the Government code, no appeal would be
possible and the regulation would be remanded back to the city.
Should the arbltrator find that the regulation, as written, meets
all the standards set forth in the Government Code, the challenging
party is free to appeal the decision pursuant to the Code of civil
Procedure. By allowlng for unrestrlcted appeals, Assembly Bill
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1947 could freeze the implementation of any action taken by the
Council to manage hazardous materials no matter how great the
potential for damage to public health or the environment.
Many cities, counties, and environmental organizations have
expresssed their opposit1on to Senate Bill 176 and Assembly Bill
1947. The League of California c1ties has adopted positions
against SB 176 and AB 1947. Both bills would establish complex and
vast administrative mandates which are contrary to the movement to
increase local control and decrease government bureaucracy. Both
bills would restrict the city's ability to manage hazardous
materials within its jurisdiction and would, as a consequence,
increase the toxicity of our waste stream and increase the City's
long-term liability concern1ng the fate of these hazardous
materials in Santa Monica Bay and beyond.
FinancialjBudqet Impact
The recommendation contained in this report does not have any
budget or financial impact.
Recommendation
staff requests that the City Council adopt the attached resolutions
opposing the passage of california Senate Bill 176 and California
Assembly Bill 1947.
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Attachments: Resolutions
California Senate Bill 176
California Assembly Bill 1947
Prepared by: Craig Perkins, Director of Env. and Public Works
Management
Brian Johnson, Environmental Coordinator
Deborah O. Raphael, Environmental Analyst
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EPWM:CP:BJ:DR Santa MonIca, CalIfornIa
Resolut~on Number8890
(C~ty Counc~l SerIes)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA OPPOSING
CALIFORNIA SENATE BILL 176 (ALQUIST)
WHEREAS, publIC InformatIon IS the most cost effectIve
means of ach~evlng pollutIon preventIon; and
WHEREAS, source reductIon IS the key step In ImplementIng
a pollutIon preventIon program; and
WHEREAS, Senate BIll 176 would restrIct the C1ty from
dIstrIbutIng Informat~on addressIng pollutIon preventIon by
adoptIon of an unspecIfIC and InapproprIate standard; and
WHEREAS, the CIty of Santa Monica passed a resolutIon
creatIng ehe SustaInable C~ty Program; and
WHEREAS, Senate BIll 176 would Impose reqUIrements
contrary to the SUsta~nable CIty Program; and
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WHEREAS r the Clty'S Task Force on the Envlrorunent has
requested the adoptlon of a resolutlon by the Clty Councll to
oppose Senate Blll 176;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION l. The Clty of Santa Monlca opposes Callfornla
Senate Blll 176 (Alqulst) and urges the Senate to reJect such
a blll.
SECTION 2. The Clty Councll dlrects Clty staff to use
the followlng methods to express the Clty'S Opposltlon to
Senate B' 1 , 176: transnn t a copy of thlS resolutlon to all
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approprlate state elected representatlves and leglslatlve
staff, send letters to members of the State Senate Government
Operatlons COItlIlll t tee and the Stdte Senate TOX1CS and PubllC
Safety Management Commlttee, and contact the Clty'S lobbY1St
In Sacramento to authorlze approprlate actlon to express thlS
Opposltlon.
SECTION 3. The Clty Clerk shall certlfy to the adoptlon
of thlS Resolutlon, and thenceforth and thereafter the same
shall be In full force and effect.
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APPROVED AS TO FORM:
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MARSHA JO MOUTRIE
CITY ATTO Y
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Adopted and approved thIs 25th of April, 1995
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Mayor
I hereby certify that the foregoing Resolution 8890 (CCS) was dilly adopted at a meeting
of the CIty Council held on the 25th of Apnl, 1995 by the followlOg vote
Ayes: Council members' Abdo, O'Connor, Genser, Rosenstem, Holbrook, Greenberg
Noes: Council members None
Abstam Councd members None
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Absent: CounCIl members Ebner
ATTEST
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Cay Clerk
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EPWM:CP:BJ:DR Santa Monlca, Callfornla
Resalutlon Number 8892
(Clty Cauncll Serles)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA OPPOSING
CALIFORNIA ASSEMBLY BILL 1947 (BATTIN)
WHEREAS, local ordlnances reflect the prlorltles of the
Clty of Santa Monlca; and
WHEREAS, the adoptlon of local ordlnances concernlng
hazardous materlals assures the shared responslblllty for
thelr management; and
WHEREAS, Assembly Blll 1947 would lmpose undue burden and
delays on the Clty by reqult'lng unnecessary analysls and
approval of all local ordlnances concernlng hazardous
materlals by the State Offlce of Admlnlstratlve Law; and
or
WHEREAS, Assembly B1ll 1947 mandates an lnappropr1ate
system for appeal that could deter local efforts to manage
hazardous mater1als; and
WHEREAS, the Clty of Santa MOTI1Ca passed a resolutlon
creat1ng the Sustalnable C1ty Program; and
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WHEREAS, Assembly Blll 1947 would lmpose requlrements
contrary to the Sustalnable Clty Program; and
WHEREAS f the Clty'S Task Force on the Envlronment has
requested the adoptlon of a resolutlon by the Clty Councll to
oppose Assembly Blll 1947;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The Clty of Santa Monlca opposes Callfornla
Assembly Blll 1947 (Battln) and urges the Assembly to reJect
such a blll.
SECTION 2. The Clty Councll dlrects Clty staff to use
the followlng methods to express the Clty'S Opposltlon to
Assembly Blll 1947: transmIt a copy of thlS resolutlon to all
approprIate state elected representatlves and leglslatlve
staff, se'hd letters to members of the State Assembly
Envlronmental Safety and TOX1C Materlals Comnu ttee, and
contact the Clty'S lobbYlst In Sacramento to authorIze
approprlate actlon to express thlS Opposltlon.
SECTION 3. The CIty Clerk shall certlfy to the adoptIon
of thlS Resolutlon, and thenceforth and thereafter the same
,
shall be In full force and effect.
APPROVED AS TO FORM:
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Adopted and approved tills 25th of Apnl, 1995.
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Mayor
I hereby certify that the foregomg ResolutJ.on 8892 (CCS) was duly adopted at a rneetJ.ng
of the City CouncIl held on the 25th of April, 1995 by the following vote:
Ayes: Council members Abdo, O'Connor, Genser, Rosenstein, Holbrook, Greenberg
Noes. Council members' None
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Abstam CouncIl members None
'"
Absent Council members Ebner
ATTEST
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CIty Clerk