Agenda

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C. 33

To:	Board of Supervisors
From:	Anna Roth, Health Services Director
Date:	May 22, 2018

Contra

Costa

County

Subject:

Support Position on AB 3138 (Muratsuchi) – Modify the California Accidental Release Prevention Program Penalty Language

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 05/22/2018

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Randy Sawyer, 925-335-3210
cc:	Tasha Scott Marcy Wilhelm Randy Sawyer

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: May 22, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT a "Support" position on Assembly Bill 3138 (Muratsuchi). Existing law for the California Accidental Release Prevention (CalARP) Program imposes civil or administrative liability on a person or stationary source that violates these provisions in an amount of not more than $2,000 for each day in which the violation occurs, and in an amount of not more than $25,000 for each day in which the violation occurs if the person or stationary source knowingly violates these provisions after reasonable notice of the violation. This bill would impose civil or administrative liability on a person or stationary source that violates those provisions in an amount of not more than $25,000 for each day in which the violation occurs, regardless of whether the violation was committed knowingly or after reasonable notice.

FISCAL IMPACT:

No impact.

BACKGROUND:

Contra Costa County is the Certified Unified Program Agency (CUPA) for all of Contra Costa County and the requirements of the CUPA are administered by the Health Services Hazardous Materials Program. The CUPA programs include six hazardous material programs, including the California Accidental Release Prevention (CalARP) Program. The businesses that are subject to the CalARP Program handle the more toxic or flammable chemicals. The purpose of the program is to prevent a catastrophic incident that could impact the community. Some of the facilities that are subject to the CalARP Program are the petroleum refineries, chemical facilities, and facilities that use ammonia refrigeration.

The purpose of this bill is to align the penalties for violating the requirements of the CalARP Program such that the penalties act as a deterrent. The existing ability to have a penalty up to $25,000 is only available after reasonable notice has been given to the facility. So if a facility has a catastrophic incident that has a major impact on the surrounding community and the incident was caused or partially caused by a violation of the CalARP Program, the most that the facility could be penalized at this time is $2,000 for that violation, since it is rare that the facility will be given a reasonable notice for that specific violation. AB 3138 will give the ability for applying a penalty for a catastrophic incident up to $25,000.