Chapter 6.91. Hazardous Materials Data of California Health And Safety Code >> Division 20. >> Chapter 6.91.
The Legislature finds and declares the following:
(a) Hazardous materials, including hazardous substances and
hazardous wastes, are present in the state and pose acute and chronic
health risks to individuals who live and work in this state, and who
are exposed to these substances as a result of fires, spills,
industrial accidents, or other types of releases or emissions.
(b) The people who live and work in this state have a right and a
need to know of the use and dangers of hazardous materials in their
communities in order to plan for, and respond to, potential exposure
to these materials.
(c) Basic information on the location, type, characteristics, and
health risks of hazardous materials used, stored, or disposed of in
the state is not currently available to firefighters, health
officials, planners, elected officials, and residents. There are gaps
in the information collected and the data is stored in various
formats, thereby limiting its effective use to protect the public
health and safety.
(d) Existing state data base computer systems are not capable of
effectively exchanging hazardous material information nor are they
accessible to state and local agencies which have a need for the
As used in this chapter:
(a) "Agency" means the Environmental Affairs Agency.
(b) "Handle" means to use, generate, process, produce, package,
treat, store, or dispose of a hazardous material in any fashion.
(c) "Hazardous material" means any of the following materials:
(1) A material listed in subdivision (b) of Section 6382 of the
(2) A material defined in Section 25115, 25117, or 25316.
(3) Any other material which the director determines, because of
its quantity, concentration, or physical or chemical characteristics,
poses a significant present or potential hazard to human health and
safety or to the environment if released into the community.
(d) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment.
(e) "Secretary" means the Secretary of the Environmental Affairs
(a) All studies and community information programs conducted
pursuant to this section shall be done only if either subdivision
(b) applies or if funds are available without restructuring the
department's funding priorities. The department shall conduct these
studies and information programs in the following manner:
(1) The department shall, except as provided in subdivision (b),
and in conjunction with the local health officer, the State
Department of Health Services, and the Office of Environmental Health
Hazard Assessment, conduct or contract for epidemiological studies
to identify and monitor health effects related to exposure to
hazardous materials, as defined in Section 66084 of Title 22 of the
California Code of Regulations. A study may be conducted in any area
of the state identified by the department or the local health officer
as a site of potential exposure to hazardous materials, including,
but not limited to, any of the following areas:
(A) All communities located near hazardous waste disposal
(B) In all communities containing hazardous substance release
sites listed pursuant to Section 25356 or listed pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. Sec. 9601 et seq.).
(C) In all areas around the location of major generators of
(D) In all other areas identified by local health officers or the
State Department of Health Services as possible locations of public
exposure to hazardous materials.
(2) The department, in consultation with the State Department of
Health Services and the Office of Environmental Health Hazard
Assessment, shall determine which epidemiological studies are to be
conducted pursuant to this section based on the potential for public
exposure to hazardous materials. Studies in areas near Class I
hazardous waste disposal facilities, as defined in Section 2531 of
Title 23 of the California Code of Regulations, shall be given the
highest priority for funding. If a hearing is conducted pursuant to
Section 25149 and the hearing officer determines that there is a
significant potential for endangerment to the public as a result of
the suspected or actual release of a hazardous material, the
department shall give priority to conducting an epidemiological study
for that facility.
(3) If a local health officer determines that a study should be
conducted pursuant to this section because of a potential public
exposure to hazardous materials, the local health officer may request
that the department initiate or contract for a study pursuant to
this section by demonstrating to the department that there is
sufficient evidence that justifies the need for a study. The
department shall respond to the local health officer's request within
(4) A local health officer may contract with qualified persons or
firms to produce the epidemiological studies specified in paragraph
(5) The design and methodology of any study conducted pursuant to
this section shall be reviewed and approved by the department, the
State Department of Health Services, and the Office of Environmental
Health Hazard Assessment prior to the initiation of the study.
(6) In any county in which hazardous waste disposal facilities are
located and in all other counties in which the State Department of
Health Services identifies significant actual or potential public
exposure to hazardous materials, the department shall, in conjunction
with the local health officer, conduct or contract for a community
information program with respect to sites of potential exposure to
hazardous materials identified under paragraph (1) to do all of the
(A) Organize and conduct educational programs for local physicians
and other health professionals on the effects of exposure to
hazardous materials and reporting requirements.
(B) Disseminate information to high risk populations on the health
effects of exposure to hazardous materials.
(C) Conduct public forums on the health effects of exposure to
hazardous substances and methods of limiting exposure.
(7) Paragraph (6) does not apply to hazardous substance release
sites listed on the National Priorities List for which the
Environmental Protection Agency has assumed lead responsibility for
(b) If a county is authorized to impose a license tax pursuant to
Section 25149.5 for revenue purposes, the department may require the
county to provide funding for carrying out epidemiological studies or
the community information program concerning the hazardous waste
facility subject to the license tax. The department shall provide the
county with technical assistance to conduct an epidemiological study
pursuant to this subdivision. The department may exempt a county
from the requirements of this subdivision if the county demonstrates
to the department that the revenue potential from the facility would
not be adequate to conduct an epidemiological study or community
information program. When considering a county request for an
exemption, the department shall consider the regulatory costs and
responsibilities of the county related to that facility.
(c) The department shall expend funds from the Toxic Substances
Control Account, upon appropriation by the Legislature, to conduct
studies and community information programs in counties containing a
hazardous substance release site listed pursuant to Section 25356.
The department shall expend funds from the Hazardous Waste Control
Account, upon appropriation by the Legislature, to conduct all other
studies and community information programs conducted pursuant to this
section, except as provided in subdivision (b).
The department shall publish the consumer information
booklet described in Section 10084.1 of the Business and Professions
Code and distribute the booklet to the public, upon request. The
department may charge a fee for the booklet to defray the
publication, mailing, distribution, and administrative costs
necessary to implement this section and its ongoing administrative
costs resulting from inquiries by the public about the contents of
The department shall publish a new edition of the consumer
information booklet described in Section 10084.1 of the Business and
Professions Code. The booklet shall, among other things, be in
substantial compliance with the federal disclosure requirements
regarding the safe management of lead and radon gas in housing, and
shall be made available to the public on or before the date on which
the Secretary of Housing and Urban Development submits to Congress
the report required pursuant to subpart (B) of subdivision (d) of
Section 4822 of Title 42 of the United States Code.