Outgoing California Governor Signs 22 Environmental Laws

By William Kelly

SACRAMENTO, California, October 13, 2003 (ENS) - In what may be his final significant actions on the environment, outgoing California Governor Gray Davis has signed into law a wide variety of environmental bills, including one that will lift the statute of limitations on filing lawsuits to recover damages created by exposure to toxic substances. Another imposes new fees on dry cleaning fluid to fund a transition to non-toxic clothes cleaning technologies, and a third strengthens the state’s hand in dealing with widespread contamination of drinking water supplies with perchlorate.

Davis signed a bill by Senator Gloria Romero, a Los Angeles Democrat, which codifies the doctrine of delayed discovery as it applies to the statute of limitations for filing a lawsuit for illness, injury, or death caused by exposure to a hazardous material or toxic substance.

California Governor Gray Davis will be replaced by Governor-elect Arnold Schwarzenegger shortly after the vote of October 7th's special recall election is certified by the California Secretary of State on November 15, 2003. (Photo courtesy Office of Governor Davis)

Media reports regarding the hazardous material or toxic substance contamination do not, in and of themselves, constitute sufficient facts to put a reasonable person on inquiry notice that the injury or death was caused or contributed to by the wrongful act of another.

The outgoing governor also signed a bill sponsored by Assemblymember Alan Lowenthal, a Long Beach Democrat, which sets a $3 per gallon fee on perchloroethylene used by dry cleaners that would increase by $1 each year. The funds will be used to provide grants to dry cleaners for purchase of non-toxic and non-smog forming cleaning systems, such as wet cleaning technology, which uses a carefully controlled mix of detergent and water.

To deal with perchlorate – a propellant used in rocket fuel, munitions, and fireworks that has contaminated groundwater and some surface water across the state - Davis signed two bills. The first, sponsored by Senator Nell Soto, a Pomona Democrat, requires owners of perchlorate facilities to notify the State Water Resources Control Board about their storage of the chemical since 1950.

This bill also clarifies the board’s authority to order companies responsible for perchlorate contamination to pay to replace drinking water supplies contaminated by the compound.

Assemblymember Hannah-Beth Jackson (Photo courtesy Office of Assemblymember Jackson)

Davis signed into law a measure which prohibits building any new school within 500 feet of a freeway or busy highway. The bill also will require school districts to analyze, not only stationary sources of air pollution near potential new school sites, but also agricultural and transportation facilities, such as rail yards.

Davis signed a bill sponsored by Assemblymember Judy Chu, a Monterey Park Democrat, which bans the sale of products in packaging that contains toxic heavy metals, including lead, mercury, cadmium, and hexavalent chrome.

Another bill the governor signed today empowers the state to establish environmental education programs for California schools.

According to another measure that was signed into law today, the Office of Environmental Health Hazard Assessment must develop and maintain a set of environmental indicators to track the progress of the state’s environmental programs.

Air

Davis signed two air quality measures. One requires the Department of General Services, in consultation with the California Air Resources Board and the California Energy Commission, to develop, by January 1, 2005, minimum fuel efficiency and emission standards and specifications for all vehicles leased or purchased by the state.

The other air bill requires the Air Resources Board to adopt a list of control measures to reduce particulate matter from new and existing sources of air pollution and for the board and local air districts to adopt a schedule for implementing these measures. The Air Resources Board is to report on their implementation by 2009.

Water

The outgoing governor signed three water quality bills into law. One requires the state and regional water boards to provide at least 30 days for public notice and comment prior to adopting waste discharge requirements, water reclamation requirements, time schedule orders, and water quality orders.

A second bill makes failing to file a water quality discharge monitoring report subject to a mandatory administrative penalty of $3,000 for each 30 days the report is late. The bill would increase compliance with permit monitoring requirements and allow the water boards to better assess water quality conditions.

Another bill authorizes the State Water Board to issue waivers from waste discharge requirements, authorizes a fee on waivers, and requires waiver conditions to include a monitoring requirement except when discharges do not pose a significant threat to water quality.

Waste

California poster encourages recycling of beverage containers. (Photo courtesy California Department of Conservation, Division of Recycling)

Now law is a measure that requires applicants for solid waste facilities permits to submit a Labor Transition Plan to a local enforcement agency with a closure and post-closure plan. The bill requires agencies to hold at least one public hearing to consider whether a proposed change to a solid waste facility is authorized by the facility's existing permit.

The third bill gives Certified Unified Program Agencies (CUPAs) the authority to suspend or revoke permits for failure to pay a permit fee or a fine. CUPAs are local agencies responsible for regulating hazardous waste through permitting, compliance, and enforcement activities.

Energy

One energy bill signed by Governor Davis today requires the California Energy Commission and Integrated Waste Management Board to develop a replacement tire efficiency program to cars aimed at improving lifetime mileage.

Another requires electric utilities to provide net metering for fuel cell generators, under which they would buy any power the generator does not use on site for distribution through their grids.

In a set of unrelated bills, the governor made official a requirement that lead agencies on projects subject to The California Environmental Quality Act to accept comments received on draft environmental impact reports, proposed negative declarations, proposed mitigated negative declarations, or notice of determination documents, via email and to treat email comments equal to written comments.

Another bill prevents positions within the Department of Toxic Substances Control or the State Water Quality Control Board from being eliminated if the positions provide oversight and support of remediation of a military base funded through a responsible party agreement with the Department of Toxic Substances Control or the State Water Resources Control Board; or are funded by a federal grant that does not require a General Fund match.

And finally, a bill authored by the Senate Budget Committee is the omnibus environment and resources trailer bill that makes statutory changes to implement the 2003 Budget Act, including fee increases for the various boards and departments within the Resources Agency, California Environmental Protection Agency, and the Seismic Safety Commission.

{Published in cooperation with California Environment Report, published by Southland Reports, P.O. Box 1022, South Pasadena, CA 91031; phone: 626-441-2112; email: southlandreports@earthlink.net; website: www.southlandreports.com.}