Hazardous materials: business plans.

Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency, or CUPA. Existing law authorizes a state or local agency that has a written agreement with a CUPA, and is approved by the secretary, to implement or enforce one or more of the unified program elements as a participating agency. Existing law defines "unified program agency," to mean the CUPA or its participating agencies, as provided. Existing law requires the secretary to establish a statewide information management system capable of receiving all data collected by the CUPA or participating agency and reported by regulated businesses. Existing law requires a business that handles a hazardous material and that meets any of specified conditions, including handling a specified amount of a hazardous material, to establish and implement a business plan for a response to a release or threatened release of the hazardous material and to electronically submit the plan annually to the statewide information management system. Federal law requires the owner or operator of a facility required to prepare or have available a material safety data sheet for a hazardous chemical under the federal Occupational Safety and Health Act of 1970 to prepare and submit an emergency and hazardous chemical inventory form to the local emergency planning committee, the state emergency response commission, and the fire department with jurisdiction over the facility. Federal law requires that inventory form to include specified information and requires additional information, referred to as "tier II" information, to be included upon request by any of those entities. Existing law requires the owner or operator of certain aboveground storage tanks to file with the statewide information management system a tank facility statement that includes specified information. Existing law provides that an owner or operator that submits a business plan to the statewide information management system and that complies with other specified law satisfies the requirement to file a tank facility statement. This bill would require a business with a facility that is not required to submit tier II information pursuant to the above-mentioned federal provision and is not subject to the provisions governing those aboveground storage tanks to submit its business plan once every three years, instead of annually.