Keenan Briefings

Briefings

AB 1429: Revised Hazardous Materials Business Plan Reporting Requirements

October 21, 2019

Assembly Bill 1429 (Chapter 66, Statutes of 2019) was signed by Governor Newsom on July 9, 2019. The bill allows a facility that handles hazardous materials and is required to submit a Hazardous Materials Business Plan (HMBP) per California threshold amounts to submit a HMBP every three years instead of annually if they meet the following reporting requirements.

  • The business is not required to submit tier II information under federal provisions and is not subject to provisions under the Aboveground Petroleum Storage Act (APSA).
  • This does not apply if there are significant changes that would require the HMBP to be updated.
    • Significant changes include name, ownership or address change; or if there is a 100 percent or more increase in the quantity of previously disclosed material.

The HMBP and the provisions for APSA are submitted electronically into the California Environmental Reporting System (CERS). Both programs are under the jurisdiction and enforcement of the local Certified Unified Program Agency (CUPA). California’s typical threshold amounts are hazardous materials in quantities equal to or greater than 55 gallons of liquid, 500 pounds of solid, 200 cubic feet of certain compressed gases.

Federal law requires the owner or operator of a facility to prepare and submit a tier II inventory form if they meet federal threshold chemical levels under the federal Emergency Planning and Community Right to Know Act (EPCRA). Federal threshold amounts are typically larger than the California threshold amounts. Click the link below to visit the federal EPCRA website which explains requirements and provides federal threshold amounts.

https://www.epa.gov/epcra/epcra-sections-311-312

Reasoning Behind the AB 1429 Change in Reporting Requirements

Currently HMBPs are required to be submitted annually into CERS whether there are changes to the facility or not. Upon submitting the plan, the CUPA must review and approve the plan along with verifying the information. In some counties the CUPAs may be significantly delayed in reviewing and approving the plans, which can lead to facility information being out of date and unavailable to first responders in case of emergency.

Resources Available

You can contact your local CUPA to assist with clarifying the impact Assembly Bill 1429 will have on your inspection. The following link will assist you with finding your CUPA and is available in CERS.

https://calcupa.org/about/cupa-locator.html

Link to California legislative information on Assembly Bill 1429.

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1429

AB 1429 will go into effect on January 1, 2020. Contact your Loss Control representative if you have any questions regarding this Briefing.


Keenan & Associates is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Clients are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the clients’ business activities.