HomeMy WebLinkAboutMINUTES - 05101994 - 1.25 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 10, 1994 by the following vote:
AYES: SUPERVISORS SMITH, BISHOP, DeSAULNIER, TORLAKSON AND POWERS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Legislation: AB 3276 (BACA)
On this date, the Board of Supervisors considered a position on
Legislation AB 3276 (BACA) as attached.
Prior to taking a position the Board Members expressed a need for
more information on the proposed Legislation AB 3276, and that the
item be listed on the May 17, 1994 agenda.
IT IS BY THE BOARD ORDERED that the County Administrator is
REQUESTED to investigate the position of the Bay Area Air Quality
Management District Board and report to the Board of Supervisors on
May 17, 1994 on AB 3276 which would amend the implementation of the
Risk Management and Prevention Program for handling of acutely
hazardous materials.
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. s,L�
ATTESTED: `M a,i 1 Q . I J
PHIL BATCHELO ,Clerk 61 the Board
Aof Supervisors and County Administrator
By �o J ,Deputy
cc: County Administrator
Health Services Director, Mark Finucane
Health Officer, William Walker, MD
Hazardous Materials, Randy Sawyer
TO: BOARD OF SUPERVISORS ,
FROM: Mark Finucane, Health Services Director 1 Contra
_ Costa
DATE: May 10, 1994 County
SUBJECT: LEGISLATION: PROVIDE COMMENT ON AB 3276 (BACA) - AMENDMENTS TO THE HEALTH AND
SAFETY CODE REGARDING RISK MANAGEMENT AND PREVENTION PROGRAMS. SUPPORT IN PART;
OPPOSE IN PART UNLESS AMENDED.
SPECIFIC REQUESTS)OR RECOYMENDATK]IN(S)A BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
REQUEST the Health Services Department to PROVIDE COMMENT on AB 3276 which amends the implementation of
the Risk Management and Prevention Programs (RMPPs) in the State of California. This bill will require the Health
Services Department to prioritize,and provide expedited review of,an RMPP submitted by an owner or operator of a high
priority handler of Acutely Hazardous Materials (AHMs). In addition, this bill will require handlers of AHMs to modify
existing RMPPs prior to introducing new AHMs or changing the use of AHMs in such a manner as to increase the
potential accident risk of the chemicals.
SUPPORT the section of the bill which requires expedited review of high priority handlers of AHMs as this is current and
prudent practice. SUPPORT, in concept, the section of this bill requiring prior modification of RMPPS. RECOMMEND
that this section be amended to allow prior notice within a reasonable period (less than 30 days) if deemed necessary
by the Health Services Department. RECOMMEND additional changes that will better address the needs of the Health
Services Department, as the administering agency, in implementing RMPP legislation. OPPOSE, unless amended,the
section of the bill that eliminates the consultative authority of other local or regional agencies regarding RMPP issues.
FISCAL IMPACT: None.
BACKGROUND:
The Board of Supervisors has SPONSORED similar legislative language introduced by Assemblymember Campbell (AB
3264) addressing RMPP issues. The sections of AB 3276 that mirror Campbell's legislation deserve similar support.
A key provision of AB 3276 provides for modifying RMPPs in case of an introduction of a new AHM or a new industrial
process is introduced that poses significantly increased potential accident releases of AHM from a facility. Under current
law there are no provisions for requiring a modification of an RMPP despite significant changes in risk posed to the
public. This bill, like AB 3263, requires the advance notification of the Health Services Department prior to modifying
industrial processes.
In addition, the Health Services Department has worked with local industry to develop a draft guidance document for
modifying existing RMPPs under these conditions. Thus far, no other public agency has taken such an initiative. The
Health Services Department is seeking opportunities to offer its expertise to policy makers and other public agencies
With RMPP responsibilities.
This bill also eliminates the role of other local and regional agencies that heretofore have played significant roles in
RMPP development. For example, under current law the Health Services Department can cooperate with the Bay Area
Air duality Management District (BAAOMD) in developing air emissions modeling that could result from a chemical
accident. In addition,since the Health Services Department has limited enforcement powers or capabilities under current
RMPP laws, it depends on the BAAIMD to initiate enforcement actions in the rare case that a local industry refuses to
comply with Health Services Department staff recommendations regarding air emissions from a facility. The Health
Services Department is concerned that such a cooperative relationship could be curtailed or eliminated, therefore it is
recommended that the Board of Supervisors OPPOSE this section of the proposed legis tion.
CONTINUED ON ATTACHMENT: No SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
Contact Person: Dr.William Walker,370-5012 PHIL BATCHELOR,CLERK OF THE BOARD OF
oc: Health Services Director, Mark Fnucane SUPERVISORS AND COUNTY ADMINISTRATOR
Health Officer,William Walker, MD
Hazardous Materials, Randy Sawyer BY ,DEPUTY