Article 2 - Hazardous Materials Management

California Health and Safety Code — §§ 25531-25543.3

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Sections (36)

Amended by Stats. 1996, Ch. 715, Sec. 2. Effective January 1, 1997.

(a)The Legislature finds and declares that a significant number of chemical manufacturing and processing facilities generate, store, treat, handle, refine, process, and transport hazardous materials. The Legislature further finds and declares that, because of the nature and volume of chemicals handled at these facilities, some of those operations may represent a threat to public health and safety if chemicals are accidentally released.

(b)The Legislature recognizes that

the potential for explosions, fires, or releases of toxic chemicals into the environment exists. The protection of the public from uncontrolled releases or explosions of hazardous materials is of statewide concern.

(c)There is an increasing capacity to both minimize and respond to releases of toxic air contaminants and hazardous materials once they occur, and to formulate efficient plans to evacuate citizens if these discharges or releases cannot be contained. However, programs designed to prevent these accidents are the most effective way to protect the community health and safety and the environment. These programs should anticipate the circumstances that could result in their occurrence and require the taking of necessary precautionary and preemptive actions, consistent with the nature of the hazardous materials handled by the facility and the surrounding environment.

(d)As required by Clean Air Act amendments enacted in 1990 (P.L. 101-549), the Environmental Protection Agency has developed a program for the prevention of accidental releases of regulated substances. In developing the program, the Environmental Protection Agency thoroughly reviewed a wide variety of chemical and hazardous substances to identify substances that might pose a risk to public health or safety or to the environment in the event of an accidental release. The Environmental Protection Agency developed a program to prevent accidental releases of those substances determined to potentially pose the greatest risk of immediate harm to the public and the environment. The federal program provides no options for implementing agencies to diminish the requirements or applicability of the federal program.

(e)In light of this new federal program, the Legislature finds and declares that the goals of reducing regulated substances

accident risks and eliminating duplication of regulatory programs can best be accomplished by implementing the federal risk management program in the state, with certain amendments that are specific to the state. Therefore, it is the intent of the Legislature that the state seek and receive delegation of the federal program for prevention of accidental releases of regulated substances established pursuant to Section 112(r) of the federal Clean Air Act (42 U.S.C. Section 7412(r)), by implementing the federal program as promulgated by the Environmental Protection Agency, with certain amendments that are specific to the state.

§ 25531.1

Added by Stats. 1991, Ch. 816, Sec. 1.

The Legislature finds and declares that the public has a right to know about acutely hazardous materials accident risks that may affect their health and safety, and that this right includes full and timely access to hazard assessment information, including offsite consequence analysis for the most likely hazards, which identifies the offsite area which may be required to take protective action in the event of an acutely hazardous materials release.

The Legislature further finds and declares that the public has a right to participate in decisions about risk reduction options and measures to be taken to reduce the

risk or severity of acutely hazardous materials accidents.

§ 25531.2

Amended by Stats. 2021, Ch. 115, Sec. 35. (AB 148) Effective July 22, 2021.

(a)The Legislature finds and declares that as the state implements the federal accidental release prevention program pursuant to this article, the agency will play a vital and increased role in preventing accidental releases of extremely hazardous substances. The Legislature further finds and declares that as an element of the unified program established pursuant to Chapter 6.11 (commencing with Section 25404), a single fee system surcharge mechanism is established by Section 25404.5 to cover the costs incurred by the agency pursuant to this article. It is the intent of the Legislature that this existing authority, together with any federal assistance that may become available to implement the accidental release program, be used to fully

fund the activities of the agency necessary to implement this article.

(b)The Legislature further finds and declares that the owners and operators of stationary sources producing, processing, handling, or storing hazardous materials have a general duty, in the same manner and to the same extent as is required by Section 654 of Title 29 of the United States Code, to identify hazards that may result from releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking those steps as are necessary to prevent releases, and to minimize the consequences of accidental releases that do occur.

(c)The agency shall use any federal assistance received to implement Chapter 6.11 (commencing with Section 25404) to offset any fees or charges levied to

cover the costs incurred by the agency pursuant to this article.

§ 25532

Amended by Stats. 2021, Ch. 115, Sec. 36. (AB 148) Effective July 22, 2021.

Unless the context indicates otherwise, the following definitions govern the construction of this article:

(a)“Accidental release” means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.

(b)“Agency” means the California Environmental Protection Agency.

(c)“Covered process” means a process that has a regulated substance present in more than a threshold quantity.

(d)“Local implementing agency” means the entity that has been designated

by a local governing body to develop, implement, and maintain an integrated alerting and notification system, which may include a local law enforcement or fire agency, joint powers agency, authority, or entity, or other local agency.

(e)“Modified stationary source” means an addition or change to a stationary source that qualifies as a “major change,” as defined in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations. “Modified stationary source” does not include an increase in production up to the source’s existing operational capacity or an increase in production level, up to the production levels authorized in a permit granted pursuant to Section 42300.

(f)“Person” means an individual, trust, firm, joint

stock company, business concern, partnership, limited liability company, association, or corporation, including, but not limited to, a government corporation. “Person” also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law.

(g)“Process” means any activity involving a regulated substance, including any use, storage, manufacturing, handling, or onsite movement of the regulated substance or any combination of these activities. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located so that a regulated substance could be involved in a potential release, shall be considered a

single process.

(h)“Qualified person” means a person who is qualified to attest, at a minimum, to the completeness of an RMP.

(i)“Regulated substance” means any substance that is either of the following:

(1)A regulated substance listed in Section 68.130 of Title 40 of the Code of Federal Regulations pursuant to paragraph (3) of subsection (r) of Section 112 of the federal Clean Air Act (42 U.S.C. Sec. 7412(r)(3)).

(2)(A) An extremely hazardous substance listed in Appendix A of Part 355 (commencing with Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations that is any of the following:

(i)A gas at standard temperature and pressure.

(ii) A liquid with a vapor pressure at standard temperature and pressure equal to or greater than 10 millimeters mercury.

(iii) A solid that is one of the following:

(I) In solution or in molten form.

(II) In powder form with a particle size less than 100 microns.

(III) Reactive with a National Fire Protection Association rating of 2, 3, or 4.

(iv) A substance that the office determines may pose a regulated substances accident risk

pursuant to subclause (II) of clause (i) of subparagraph (B) or pursuant to Section 25543.3.

(B) (i) The agency shall, in consultation with the Office of Environmental Health Hazard Assessment, determine which of the extremely hazardous substances listed in Appendix A of Part 355 (commencing with Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations do either of the following:

(I) Meet one or more of the criteria specified in clause (i), (ii), or (iii) of subparagraph (A).

(II) May pose a regulated substances accident risk, in consideration of the factors specified in subdivision (g) of Section 25543.1, and, therefore, should remain on the list of regulated substances

until completion of the review conducted pursuant to subdivision (a) of Section 25543.3.

(ii) The agency shall adopt, by regulation, a list of the extremely hazardous substances identified pursuant to clause (i). Extremely hazardous substances placed on the list are regulated substances for the purposes of this article.

(j)“Regulated substances accident risk” means a potential for the accidental release of a regulated substance into the environment that could produce a significant likelihood that persons exposed may suffer acute health effects resulting in significant injury or death.

(k)“RMP” means the risk management plan required under Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of

Title 40 of the Code of Federal Regulations and by this article.

(l)“Special needs population” means individuals who may have additional response assistance needs before, during, and after an incident in functional areas, including, but not limited to, maintaining independence, communication, transportation, supervision, or medical care. Individuals in need of additional response assistance may include those who have disabilities, live in institutionalized settings, are elderly, are children, are from diverse cultures, have limited English proficiency or are non-English speaking, or are transportation disadvantaged.

(m)“State threshold quantity” means the quantity of a regulated substance described in subparagraph (A) of paragraph (2) of subdivision (i), as adopted by the

agency pursuant to Section 25543.1 or 25543.3. Until the agency adopts a state threshold quantity for a regulated substance, the state threshold quantity shall be the threshold planning quantity for the regulated substance specified in Appendix A of Part 355 (commencing with Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations.

(n)“Stationary source” means any stationary source, as defined in Section 68.3 of Title 40 of the Code of Federal Regulations.

(o)“Threshold quantity” means the quantity of a regulated substance that is determined to be present at a stationary source in the manner specified in Section 68.115 of Title 40 of the Code of Federal Regulations and that is the lesser of either of the following:

(1)The threshold quantity for the regulated substance specified in Section 68.130 of Title 40 of the Code of Federal Regulations.

(2)The state threshold quantity.

(p)“Transient population” means individuals in a location in which they do not normally reside, including, but not limited to, train stations, office buildings, shopping malls, and colleges, and individuals who are homeless.

(q)“Unified program agency” has the same meaning specified in Section 25501.

§ 25533

Amended by Stats. 2021, Ch. 115, Sec. 37. (AB 148) Effective July 22, 2021.

(a)The program for prevention of accidental releases of regulated substances adopted by the United States Environmental Protection Agency pursuant to subsection (r) of Section 112 of the federal Clean Air Act (42 U.S.C. Sec. 7412(r)), with the additional provisions specified in this article, is the accidental release prevention program for the state. The program shall be implemented by the agency and the unified program agency. The state’s implementation of the federal program adopted by the United States Environmental Protection Agency is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Notwithstanding this article or Division

26 (commencing with Section 39000), the accidental release prevention program submitted by the agency to the United States Environmental Protection Agency to receive delegation of federal authority to implement the federal program shall include only those regulated substances and threshold quantities specified in the regulations adopted by the United States Environmental Protection Agency.

(b)The agency and the unified program agency shall, to the maximum extent feasible, coordinate implementation of the accidental release prevention program with the United States Chemical Safety and Hazard Investigation Board, the state emergency response commission and local emergency planning committees, the unified program elements specified in subdivision (c) of Section 25404, the permitting programs implemented by the air quality management

districts and air pollution control districts pursuant to Subchapter V of the federal Clean Air Act (42 U.S.C. Sec. 7661 et seq.), and with other agencies, as specified in Section 25404.2.

(c)Section 39602 does not apply to the accidental release prevention program promulgated and implemented pursuant to subsection (r) of Section 112 of the federal Clean Air Act (42 U.S.C. Sec. 7412(r)).

(d)The unified program agency in each jurisdiction is the agency designated to implement and enforce any requirements specified by the United States Environmental Protection Agency and pertaining to any of the following:

(1)Verification of stationary source registration and submission of an RMP or revised RMP.

(2)Verification of source submission of stationary certifications or compliance schedules.

(3)Mechanisms for ensuring that stationary sources permitted pursuant to Subchapter V of the federal Clean Air Act (42 U.S.C. Sec. 7661 et seq.) are in compliance with the requirements of this article.

(e)Notwithstanding subdivision (d) and paragraph (2) of subdivision (a) of Section 25404.1, if, after a public hearing, the agency determines that a unified program agency is not taking reasonable actions to enforce the statutory provisions and regulations pertaining to accidental releases of regulated substances, the agency may exercise any of the powers of that unified program agency as necessary to implement this

article.

§ 25534

Amended by Stats. 2023, Ch. 207, Sec. 13. (AB 1716) Effective January 1, 2024.

(a)For any stationary source with one or more covered processes, the unified program agency may make a determination as to whether there is a significant likelihood that the use of regulated substances by a stationary source may pose a regulated substances accident risk.

(b)(1) (A) If the unified program agency determines that there is a significant likelihood of a regulated substances accident risk pursuant to this subdivision, it may reclassify the covered process from program 2 to program 3, as specified in Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.

(B) If the unified program agency

reclassifies a covered process to a higher program level, the stationary source shall comply with all of the requirements applicable to the higher program level within 12 months of being notified by the unified program agency of the reclassification.

(2)If the unified program agency determines that there is not a significant likelihood of a regulated substances accident risk pursuant to this subdivision, it may do either of the following:

(A)(i) Exempt the stationary source from this article.

(ii) The unified program agency may revoke the exemption provided pursuant to this subparagraph at any time if the unified program agency determines there is a likelihood of a regulated substances accident risk.

(iii) If the unified program

agency revokes the exemption provided pursuant to this subparagraph, the stationary source shall comply with all applicable requirements of this article and Chapter 4.5 (commencing with Section 2735.1) of Division 2 of Title 19 of the California Code of Regulations within 12 months.

(B)Reclassify a covered process from program 3 to program 2 or from program 2 to program 1, as specified in Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations, unless the classification of the covered process is specified in those regulations.

(3)If the unified program agency determines that a pesticide, as defined in Section 12753 of the Food and Agricultural Code, used on a farm or nursery may pose a regulated substances accident risk pursuant to this article, the unified program agency shall first consult with the Department of Food

and Agriculture or the county agricultural commissioner to evaluate the reasonable likelihood that the use of the pesticide by a farm or nursery may pose a regulated substances accident risk. This paragraph does not limit the authority of a unified program agency to conduct its duties under this article, or prohibit the exercise of that authority.

(c)The requirements of this section apply to a stationary source that is not otherwise required to submit an RMP pursuant to Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.

§ 25534.05

Amended by Stats. 2021, Ch. 115, Sec. 39. (AB 148) Effective July 22, 2021.

(a)The agency, in consultation with the unified program agencies, industry, the public, and other interested parties, shall adopt regulations for all of the following activities:

(1)The registration of stationary sources subject to this article.

(2)The receipt, review, revision, and audit of RMPs.

(3)The resolution of disagreements between stationary source operators and unified program agencies.

(4)Providing for the public availability of RMPs,

consistent with subsection (c) of Section 114 of the federal Clean Air Act (42 U.S.C. Sec. 7414(c)).

(5)The provision of technical assistance to stationary sources subject to the accidental release prevention program.

(b)The regulations shall also require each stationary source to work closely with the unified program agency in deciding which process hazard review technique is best suited for each stationary source’s covered processes.

(c)The regulations shall provide that the process hazard analysis shall include the consideration of external events, including seismic events, if applicable.

(d)The regulations shall also require each stationary source to work

closely with the unified program agency in determining for each RMP an appropriate level of detail for the document elements specified in Section 68.150(a) of Title 40 of the Code of Federal Regulations and for documentation of the external events analysis.

(e)A unified program agency shall implement the regulations adopted pursuant to this section.

§ 25534.06

Amended by Stats. 2021, Ch. 115, Sec. 40. (AB 148) Effective July 22, 2021.

(a)A city or county that adopts, amends, or repeals an ordinance related to the regulation of regulated substances pursuant to this article shall do so at a public meeting for which notice has been given in a newspaper of general circulation that is published and circulated in the affected city or county, and the city or county shall state in the ordinance the reasons for adopting, amending, or repealing the ordinance.

(b)A city or county required to provide notice pursuant to subdivision (a) may, in addition to publishing the notice in a newspaper of general circulation, submit the notice to the agency, which shall post that notice on

the internet at a location established for notices that may be posted pursuant to this subdivision.

(c)A city or county required to provide notice pursuant to subdivision (a) may also submit the full text of the ordinance and a summary of any violations of the ordinance to the agency, which shall post the full text of the ordinance and the summary of any violations of the ordinance, or a link to the full text of the ordinance and the summary of any violations of the ordinance, on the agency’s internet website.

§ 25534.1

Amended by Stats. 1996, Ch. 715, Sec. 10. Effective January 1, 1997.

Each RMP required to be prepared pursuant to this article shall give consideration to the proximity of the facility or proposed facility to populations located in schools, residential areas, general acute care hospitals, long-term health care facilities, and child day care facilities. For purposes of this section, “general acute care hospital” has the meaning provided by subdivision (a) of Section 1250, “long-term health care facility” has the meaning provided by subdivision (a) of Section 1418, and “child day care facility” has the meaning provided by Section

1596.750. “School” means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive.

§ 25534.2

Repealed and added by Stats. 1996, Ch. 715, Sec. 12. Effective January 1, 1997.

Any new or modified stationary source which is required to prepare an RMP pursuant to this article shall be subject to the requirements of Section 65850.2 of the Government Code.

§ 25534.5

Amended by Stats. 2021, Ch. 115, Sec. 41. (AB 148) Effective July 22, 2021.

The unified program agency with jurisdiction over a stationary source or facility may have access to inspect the stationary source and review all technical and other information in the stationary source’s possession that is reasonably necessary to allow the unified program agency to make a determination regarding the stationary source’s compliance with this article. Upon request of the unified program agency, the stationary source shall provide to the unified program agency information regarding the stationary source’s compliance with this article.

§ 25535

Amended by Stats. 2021, Ch. 115, Sec. 42. (AB 148) Effective July 22, 2021.

(a)An owner or operator of a stationary source submitting an RMP pursuant to this article shall submit the RMP to the unified program agency after the RMP is certified as complete by a qualified person and the stationary source owner or operator. The unified program agency shall review the RMP and may authorize the air pollution control district or air quality management district in which the stationary source is located to conduct a technical review of the RMP. If, after review by the unified program agency and technical review, if any, by the air pollution control district or air quality management district, the unified program agency determines that the stationary source’s RMP is deficient in

any way, the unified program agency shall notify the stationary source of these defects. The stationary source shall submit a corrected RMP within 60 days of the notification of defects, unless granted a one-time extension of no more than 30 days, of the notice to correct the RMP by the unified program agency. Failure to fully comply with this notice or the unified program of this section shall be deemed a violation of this article for purposes of Section 25540.

(b)Upon implementation of an RMP, the stationary source shall notify the unified program agency that the RMP has been implemented and shall summarize the steps taken in preparation and implementation of the RMP.

(c)The stationary source shall continue to carry out the program and activities specified in the RMP at the

stationary source after the unified program agency has been notified pursuant to subdivision (b).

(d)The owner or operator of the stationary source shall implement all programs and activities in the RMP before operations commence, in the case of a new stationary source, or before any new activities involving regulated substances are taken, in the case of a modified stationary source.

§ 25535.1

Amended by Stats. 2021, Ch. 115, Sec. 43. (AB 148) Effective July 22, 2021.

(a)Except as otherwise provided in this article, an owner or operator of a stationary source shall prepare an RMP if an RMP is required pursuant to Part 68 (commencing with Section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations or if the unified program agency makes a determination pursuant to Section 25534 that an RMP is required.

(b)An owner or operator of a stationary source required to prepare an RMP pursuant to this article shall submit the RMP to the United States Environmental Protection Agency and to the unified program agency.

(c)Notwithstanding subdivision (b), if an RMP is required only because the unified program agency has determined, pursuant to Section 25534, that an RMP is required, the RMP shall be submitted only to the unified program agency.

§ 25535.2

Amended by Stats. 2021, Ch. 115, Sec. 44. (AB 148) Effective July 22, 2021.

Within 15 days after the unified program agency determines that an RMP is complete, the unified program agency shall make the RMP available to the public for review and comment for a period of at least 45 days. A notice briefly describing and stating that the RMP is available for public review at a certain location shall be placed in a daily local newspaper or placed on a unified program agency’s internet website, and mailed to interested persons and organizations. The unified program agency shall review the RMP, and any comments received, following the regulations adopted pursuant to subdivision (a) of Section 25534.05.

§ 25535.5

Amended by Stats. 2021, Ch. 115, Sec. 45. (AB 148) Effective July 22, 2021.

Any fee imposed on any stationary source to cover the unified program agency’s cost of implementing the accidental release prevention program pursuant to this article shall be imposed only through the single fee system established pursuant to Section 25404.5.

§ 25536

Amended by Stats. 2023, Ch. 207, Sec. 14. (AB 1716) Effective January 1, 2024.

(a)A person or a stationary source with one or more covered processes shall comply with the requirements of this article no later than the latest date specified in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations.

(b)A stationary source with one or more covered processes shall comply with this article and shall submit an RMP to the unified program agency before the date on which the regulated substance is first present in a process above the listed threshold quantity, as listed in Section 2770.5 of Title 19 of the California Code of Regulations, except as provided in Section 25534.

§ 25536.5

Amended by Stats. 2013, Ch. 419, Sec. 7. (SB 483) Effective January 1, 2014.

(a)A person or a stationary source that was required to prepare, submit, and implement a risk management and prevention program pursuant to this article as it read on December 31, 1996, and which is required to prepare and submit an RMP pursuant to this article, shall continue to implement the risk management and prevention program until the business has submitted an RMP as specified in this

article.

(b)A person or a stationary source that was required to prepare, submit, and implement a risk management and prevention program pursuant to this article as it read on December 31, 1996, and which is not required to prepare an RMP pursuant to this article is required to comply only with those requirements of this chapter that apply to the business.

(c)A person or a stationary source that was not required to prepare, submit, and implement a risk management and prevention program pursuant to this article as it read on December 31, 1996, but which is required to prepare and submit an RMP pursuant to this article, shall submit and implement an RMP not later than the deadlines specified in Subpart A (commencing with Section 68.1) of Part 68 of Subchapter C of Chapter 7 of Title 40 of the Code of Federal Regulations.

§ 25536.6

Amended by Stats. 2021, Ch. 115, Sec. 47. (AB 148) Effective July 22, 2021.

(a)Each local implementing agency shall develop an integrated alerting and notification system, in coordination with local emergency management agencies, unified program agencies, local first response agencies, petroleum refineries, and the public, to be used to notify the community surrounding a petroleum refinery in the event of an incident at the refinery warranting the use of the automatic notification system. The integrated alerting and notification system shall include the following when determined to be appropriate and consistent with the unified program agency area plan:

(1)Text messaging.

(2)Calls to

landline and cellular telephones.

(3)Activation of the Emergency Alert System.

(4)National Weather Service alerts to National Oceanic and Atmospheric Administration radios.

(5)Social media communications.

(6)New technologies when developed.

(7)An audible alarm.

(b)(1) The integrated alerting and notification system shall alert and notify the communities surrounding a petroleum refinery, including schools, public facilities, hospitals, transient and special needs populations, and residential care homes.

(2)The area of the community that is to be alerted and notified shall be determined by the local implementing agency in coordination with unified program agencies, local first response agencies, petroleum refineries, and the public.

(c)If an integrated alerting and notification system has not been developed and implemented by January 1, 2018, the local implementing agency shall, in coordination with the unified program agency, local first response agencies, petroleum refineries, and the public, determine an appropriate integrated alerting and notification system to be developed consistent with subdivisions (a) and (b) and, on or before January 1, 2019, shall develop a schedule for developing and implementing the integrated alerting and notification system.

(d)The local implementing agency, through an interagency agreement or memorandum of understanding with the unified program agency and the county’s operational area coordinator, shall manage, operate, coordinate, and maintain the integrated

alerting and notification system developed pursuant to subdivisions (a) and (b).

(e)A unified program agency shall ensure that the integrated alerting and notification system required pursuant to subdivisions (a) and (b) is included in, or consistent with, the unified program agency area plan and Chapter 4.5 (commencing with Section 2735.1) of Division 2 of Title 19 of the California Code of Regulations.

(f)A petroleum refinery shall immediately call the emergency 9-1-1 telephone number and notify the unified program agency, pursuant to Section 25510, in the event of an incident warranting the use of the integrated alerting and notification system.

(g)A unified program agency shall make the RMP of a

petroleum refinery available to the public at the unified program agency’s office during normal business hours or by appointment, or both, consistent with Section 2775.5 of Title 19 of the California Code of Regulations.

(h)A unified program agency, in coordination with the local implementing agency, shall establish a fee that a petroleum refinery shall pay in an amount to cover the reasonable and necessary costs for the design, building, and installation of the integrated alerting and notification system developed pursuant to subdivisions (a) and (b). This fee shall be separate from the unified program single fee system levied pursuant to Section 25404.5 and shall be approved by the governing body of the local implementing agency. The money received from this fee shall be transferred to the local implementing agency for the

design, building, and installation of the integrated alerting and notification system developed pursuant subdivisions (a) and (b).

(i)A unified program agency, in coordination with the local implementing agency, shall establish a fee, as part of the unified program single fee system levied on a petroleum refinery pursuant to Section 25404.5, in an amount sufficient to cover the reasonable and necessary costs for the ongoing operation and maintenance of the integrated alerting and notification system developed pursuant to subdivisions (a) and (b). The moneys collected from this fee shall be transferred to the local implementing agency for operating and maintaining the integrated alerting and notification system developed pursuant to subdivisions (a) and (b).

(j)The agency shall

work with the local implementing agencies and the unified program agencies to develop a model memorandum of understanding between adjacent jurisdictions for integration of alerting and notification systems that will operate across jurisdictional boundaries.

(k)The local implementing agency shall ensure that there are agreements with adjacent jurisdictions to coordinate alerts, notifications, and messaging when a release crosses or threatens to cross jurisdictional boundaries. The agreements shall be documented in the unified program agency area plan.

§ 25536.7

Amended by Stats. 2019, Ch. 497, Sec. 165. (AB 991) Effective January 1, 2020.

(a)(1) An owner or operator of a stationary source that is engaged in activities described in Code 324110 or 325110 of the North American Industry Classification System (NAICS), as that code read on January 1, 2014, and with one or more covered processes that is required to prepare and submit an RMP pursuant to this article, when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work at the stationary source, shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades. This section shall not apply to oil and gas extraction operations.

(2)The Chief

of the Division of Apprenticeship Standards of the Department of Industrial Relations may approve a curriculum of in-person classroom and laboratory instruction for approved advanced safety training for workers at high hazard facilities. That safety training may be provided by an apprenticeship program approved by the chief or by instruction provided by the Chancellor of the California Community Colleges. The chief shall approve a curriculum in accordance with this paragraph by January 1, 2016, and shall periodically revise the curriculum to reflect current best practices. Upon receipt of certification from the apprenticeship program or community college, the chief shall issue a certificate to a worker who completes the approved curriculum.

(3)For purposes of paragraph (2) of subdivision (b) of Section 3075 of the Labor Code, a stationary source covered by this section shall be considered in determining whether existing apprenticeship programs

do not have the capacity, or have neglected or refused, to dispatch sufficient apprentices to qualified employers who are willing to abide by the applicable apprenticeship standards.

(4)This section does not apply to contracts awarded before January 1, 2014, unless the contract is extended or renewed after that date.

(5)(A) This section does not apply to the employees of the owner or operator of the stationary source or prevent the owner or operator of the stationary source from using its own employees to perform any work that has not been assigned to contractors while the employees of the contractor are present and working.

(B)An apprenticeship program approved by the chief may enroll, with advanced standing, applicants with relevant prior work experience at a stationary source that is

subject to this section, in accordance with the approved apprenticeship standards of the program.

(6)The criteria of subparagraph (A) of paragraph (10) of subdivision (b), subparagraph (C) of paragraph (10) of subdivision (b), and subparagraph (B) of paragraph (11) of subdivision (b) shall not apply to either of the following:

(A)To the extent that the contractor has requested qualified workers from the local hiring halls that dispatch workers in the apprenticeable occupation and, due to workforce shortages, the contractor is unable to obtain sufficient qualified workers within 48 hours of the request, Saturdays, Sundays, and holidays excepted. This section does not prevent contractors from obtaining workers from any source.

(B)To the extent that compliance is impracticable because an emergency requires immediate

action to prevent harm to public health or safety or to the environment, but the criteria applies as soon as the emergency is over or it becomes practicable for contractors to obtain a qualified workforce.

(7)The requirement specified in paragraph (1) for a skilled and trained workforce, as defined in paragraph (11) of subdivision (b), apply to each individual contractor’s and subcontractor’s onsite workforce.

(8)This section does not make the construction, alteration, demolition, installation, repair, or maintenance work at a stationary source that is subject to this section a public work, within the meaning of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. This section does not preclude the use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.

(b)As used in this section:

(1)“Apprenticeable occupation” means an occupation for which the chief has approved an apprenticeship program pursuant to Section 3075 of the Labor Code.

(2)“Approved advanced safety training for workers at high hazard facilities” means a curriculum approved by the chief pursuant to paragraph (2) of subdivision (a).

(3)“Building and construction trades” has the same meaning as in Section 3075.5 of the Labor Code.

(4)“Chief” means the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations.

(5)“Construction,” “alteration,” “demolition,” “installation,” “repair,” and “maintenance” have the same meanings as in

Sections 1720 and 1771 of the Labor Code.

(6)“Graduate of an apprenticeship program” means either of the following:

(A)An individual that has been issued a certificate of completion under the authority of the California Apprenticeship Council or the chief for completing an apprenticeship program approved by the chief pursuant to Section 3075 of the Labor Code.

(B)An individual that has completed an apprenticeship program located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.

(7)“Onsite work” shall not include catalyst handling and loading, chemical cleaning, or inspection and testing that was not within the scope of a prevailing wage determination issued by

the Director of Industrial Relations as of January 1, 2013.

(8)“Prevailing hourly wage rate” means the general prevailing rate of per diem wages, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, but does not include shift differentials, travel and subsistence, or holiday pay. Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker.

(9)“Registered apprentice” means an apprentice registered in an apprenticeship program approved by the chief pursuant to Section 3075 of the Labor Code who is performing work covered by the standards of that apprenticeship program and

receiving the supervision required by the standards of that apprenticeship program.

(10)“Skilled journeyperson” means a worker who meets all of the following criteria:

(A)The worker either graduated from an apprenticeship program for the applicable occupation that was approved by the chief, or has at least as many hours of on-the-job experience in the applicable occupation that would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief.

(B)The worker is being paid at least a rate equivalent to the prevailing hourly wage rate for a journeyperson in the applicable occupation and geographic area.

(C)The worker has completed within the prior three calendar years at least 20 hours of approved

advanced safety training for workers at high hazard facilities. This requirement applies only to work performed on or after July 1, 2018.

(11)“Skilled and trained workforce” means a workforce that meets both of the following criteria:

(A)All the workers are either registered apprentices or skilled journeypersons.

(B)(i) As of January 1, 2014, at least 30 percent of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation.

(ii) As of January 1, 2015, at least 45 percent of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation.

(iii) As of January 1, 2016, at least 60 percent of

the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation.

§ 25536.8

Added by Stats. 2023, Ch. 293, Sec. 2. (SB 740) Effective January 1, 2024.

(a)Subject to subdivision (e), the definitions in subdivision (b) of Section 25536.7 shall apply for purposes of this section, except that the criterion described in subparagraph (C) of paragraph (10) of subdivision (b) of Section 25536.7 shall not be applicable.

(b)An owner or operator of a stationary source that is engaged in activities described in subdivision (c), and with one or more covered processes that require the preparation and submission of an RMP pursuant to this article, when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work at the stationary source, shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite

work within an apprenticeable occupation in the building and construction trades.

(c)This section shall apply to the following activities, when undertaken for commercial purposes:

(1)Hydrogen manufacturing.

(2)Biofuels manufacturing.

(3)Carbon dioxide (CO2) capture and sequestration in either saline or depleted oil and gas reservoirs, or oil and gas reservoirs used for CO2-enhanced oil recovery.

(4)Manufacturing of any of the following chemicals, whether as an intermediary or an end product: ammonia, chlorine, hydrogen fluoride, sulfur dioxide, or hydrogen chloride.

(d)For purposes of paragraph (2) of subdivision (b) of

Section 3075 of the Labor Code, a stationary source covered by this section shall be considered in determining whether an existing apprenticeship program does not have the capacity, or has neglected or refused, to dispatch sufficient apprentices to qualified employers who are willing to abide by the applicable apprenticeship standards.

(e)The provisions of paragraphs (5), (6), (7), and (8) of subdivision (a) of Section 25536.7 shall apply for purposes of this section.

(f)This section shall apply to contracts awarded, extended, or renewed on or after January 1, 2024.

§ 25536.9