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SR-6D (10) 6U -' '1 >{ ~ ,f, I . . . 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 4 I .: I 1 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. 3 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 4 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 5 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. 6 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 7 I 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 1 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 1..1..1- 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. r APPROVED AS TO FORM: ~~ MARSHA JO MOUTRIE CITY ATTO Y " 1~ Adopted and approved thIs 25th of April, 1995 dJ ~-bc;> 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 ",. Absent: CounCIl members Ebner ATTEST '~.4L~ fJ.~ .-/ - I Cay Clerk , 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 , 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: ~ .Ii , Adopted and approved tills 25th of Apnl, 1995. Q~ 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 , Abstam CouncIl members None '" Absent Council members Ebner ATTEST c-~1/;'L f /l~ --- / CIty Clerk