Water treatment: hazardous materials.

(1) Existing law provides for the California accidental release prevention (CalARP) program for the prevention of accidental releases of regulated substances, which requires the owner or operator of a stationary source to prepare a risk management plan (RMP) when required under certain federal regulations or if the administering agency determines there is a significant likelihood of a regulated substance accident risk. Existing law requires the Office of Emergency Services and local administrating agencies to implement CalARP, and certain violations of CalARP are crimes. Existing law creates the California Emergency Management Agency (Cal EMA) as the successor agency to the Office of Emergency Services. This bill would require Cal EMA, by January 1, 2013, to adopt regulations to require a public water system or wastewater treatment plant that is a stationary source and is required to prepare and submit an RMP to additionally consider the use of safer technologies by the public water system or wastewater treatment plant in that RMP. Because a violation of CalARP is a crime, the bill would impose a state-mandated local program by creating a new crime. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.