“Environmental laws that protect our citizens need to be reviewed and adjusted to ensure that they are effectively implemented.” Ruskin said. “This legislation is the product of active, lengthy and successful negotiations with environmental organizations, community groups, hazardous waste management companies and the California Department of Toxic Substances Control (DTSC), and it will enhance safety and fairness in the way we handle and dispose of hazardous materials.”

AB 1342 contains three sections that focus on the management of hazardous waste and the operations of hazardous waste facilities. One provision cuts red tape and allows for speedier repair and maintenance of hazardous waste facilities. Consensus was reached because the bill clearly describes under what conditions this expedited process can be used.

Another section directs DTSC to clarify with federal agencies the rules that govern hazardous waste transportation with a particular focus on the non-liquid residue that remains in a railroad tank car after it has been emptied. The bill encourages final resolution of the potential conflicts with federal and state rules to determine what efficiencies can be gained without harming safety.

The third section extends the authority of DTSC, from 2007 to 2009, to use enforcement orders and agreements to enforce post-closure plans at hazardous waste facilities. All interested parties were willing to provide the time for DTSC to fully implement the recently enacted program that offers an alternative to the current process which relies on the formal post-closure permit process only.

In the name of fairness, AB 1342 expands the legal protections available to a single family homeowner to a duplex owner if a hazardous release is found under their property. Under current law, if a hazardous material release is detected passing under a property that is a single family residence, there is a presumption that the homeowner is not responsible for the spill or its cleanup. However, the law does not extend this presumption of innocence to duplex owners, and AB 1342 will balance the scale by extending the same rights that homeowners have to duplex owners also.

“In my role as Chair of the Assembly Environmental Safety and Toxic Materials Committee, I am pleased that this carefully negotiated bill is just one step away from becoming law, and I want to thank everyone involved in its crafting,” Ruskin concluded.