BILL NUMBER: SB 1011 CHAPTERED 09/17/02 CHAPTER 626 FILED WITH SECRETARY OF STATE SEPTEMBER 17, 2002 APPROVED BY GOVERNOR SEPTEMBER 17, 2002 PASSED THE SENATE AUGUST 30, 2002 PASSED THE ASSEMBLY AUGUST 27, 2002 AMENDED IN ASSEMBLY AUGUST 23, 2002 AMENDED IN ASSEMBLY MAY 13, 2002 AMENDED IN ASSEMBLY JUNE 26, 2001 AMENDED IN SENATE APRIL 16, 2001 AMENDED IN SENATE APRIL 5, 2001 AMENDED IN SENATE MARCH 29, 2001 INTRODUCED BY Senator Sher FEBRUARY 23, 2001 An act to amend Sections 25218.1, 25218.5, 25358.6.1, 25395.12, 25395.15, 25570.2, and 25570.3 of, and to add Sections 25123.8 and 58004.5 to, the Health and Safety Code, and to amend Section 42175.1 of the Public Resources Code, relating to hazardous substances and waste. LEGISLATIVE COUNSEL'S DIGEST SB 1011, Sher. Household hazardous waste: environmental quality assessment: mercury-containing light switches. (1) Existing law requires a public agency, or its contractor, that intends to operate a household hazardous waste collection facility, to submit specified information to the Department of Toxic Substances Control and authorizes the department to adopt and revise regulations for household hazardous waste collection facilities. Existing law authorizes the department to allow any household hazardous waste collection facility to accept hazardous waste from conditionally exempt small quantity generators (CESQGs). Existing law defines the term "curbside household hazardous waste collection program" for purposes of these provisions, as a service authorized by a public agency that collects recyclable household hazardous waste materials, including latex paint, used oil, used oil filters, and small batteries, and that is operated in accordance with specified requirements. The term "recyclable household hazardous waste material" is defined for these purposes as specified materials for which proven and authorized recycling technology exists. Existing law imposes specified requirements upon the operation of curbside household hazardous waste collection programs, including prohibiting the collection of spent lead-acid batteries and antifreeze. A violation of the hazardous waste control laws is a crime. This bill would revise the definition of "curbside household hazardous waste collection program" to delete the authorization regarding small batteries and additionally include a program that collects household hazardous waste that is designated as a universal waste pursuant to the hazardous waste control laws or the regulations adopted by the department. The bill would revise the definition of "recyclable household hazardous waste material" to include specified materials, including universal waste. The bill would also define the term "universal waste" for purposes of the hazardous waste control laws. The bill would additionally prohibit a curbside household hazardous waste collection program from collecting hazardous waste containing mercury, unless the waste is contained as specified, and from collecting fluorescent light tubes that are 4 feet or greater in length. The bill would delete prohibitions on a curbside program collecting spent lead-acid batteries and antifreeze and on the amount of small batteries that the program may collect. Since a violation of the bill's requirements would be a crime pursuant to other provisions of the hazardous waste control law, the bill would impose a state-mandated local program. (2) The existing Environmental Quality Assessment Act of 1986 authorizes the Director of Environmental Health Hazard Assessment, in consultation with various state agencies, to develop, adopt by regulation, and publicize criteria for 2 classes of environmental assessors. Existing law specifies procedures for the registration and renewal of an environmental assessor's registration by the Director of Environmental Health Hazard Assessment. The Director of Environmental Health Hazard Assessment is authorized to perform audits of work performed by a class II environmental assessor and to rescind a class II assessor's registration, under specified circumstances. This bill would transfer, to the Department of Toxic Substances Control, all of the duties, powers, purposes, responsibilities, and jurisdiction of the Office of Environmental Health Hazard Assessment with regard to the Environmental Quality Assessment Act of 1986. The bill would authorize the department to expend the unexpended balance of funds available for expenditure by the office in connection with the performance of that transferred function and would provide for the transfer of specified employees and property of the office to the department with regard to that function. The bill would make conforming changes with regard to this transfer. The bill would require the Director of Toxic Substances Control to additionally determine minimum standards of performance for environmental assessors and would revise the requirements for establishing criteria for registration. The bill would authorize the director to perform an audit of work performed by any environmental assessor and would authorize the director to deny, suspend, or rescind any environmental assessor's registration if the assessor's performance falls below the minimum standards, or based upon specified grounds. The bill would require the director to deposit all fees paid by an applicant for registration as an environmental assessor in the Environmental Quality Assessment Fund, which the bill would establish in the State Treasury. The bill would authorize the director to expend the funds in the Environmental Quality Assessment Fund, upon appropriation by the Legislature, to implement the Environmental Quality Assessment Act of 1986. (3) Existing law authorizes the department to prequalify bidders for remedial or removal actions taken pursuant to the Carpenter-Presley-Tanner Hazardous Substance Account Act, by adopting and applying a uniform system of rating bidders. The act requires the department to request annual statements of qualifications from interested firms for each type of engineering, architectural, environmental, landscape architectural, construction project management, or land surveying services work for which the department elects to use the prequalified list process. This bill would permit, instead of require, the department to request annual statements of qualification from interested firms. (4) Under the existing California Integrated Waste Management Act of 1989, which is administered by the California Integrated Waste Management Board, any mercury-containing motor vehicle light switch that becomes a hazardous waste when released or removed from a vehicle is required to be managed pursuant to specified regulations adopted by the Department of Toxic Substances Control regarding the management of universal waste and other applicable regulations. This bill would delete the requirement that a mercury-containing light switch that becomes a hazardous waste when released from a vehicle be managed in accordance with those requirements. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25123.8 is added to the Health and Safety Code, to read: 25123.8. "Universal waste" means a hazardous waste identified as a universal waste in Section 66273.9 of Title 22 of the California Code of Regulations, or as that regulation may be further amended pursuant to this chapter, or a hazardous waste designated as a universal waste pursuant to this chapter. SEC. 2. Section 25218.1 of the Health and Safety Code is amended to read: 25218.1. For purposes of this article, the following terms have the following meaning: (a) "Conditionally exempt small quantity generator" or "CESQG" means a business concern which meets the criteria specified in Section 261.5 of Title 40 of the Code of Federal Regulations. (b) "Curbside household hazardous waste collection program" means a collection service authorized by a public agency that is operated in accordance with Section 25163 and subdivision (d) of Section 25218.5 and that collects one or more of the following types of household hazardous waste: (1) Latex paint. (2) Used oil. (3) Used oil filters. (4) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department. (c) "Door-to-door household hazardous waste collection program" or "household hazardous waste residential pickup service" means a program operated by a public agency, or its contractor, that collects household hazardous waste from individual residences, and transports that waste in an inspected and certified hazardous waste transport vehicle to an authorized household hazardous waste collection facility. (d) "Household" means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures. (e) "Household hazardous waste" means any hazardous waste generated incidental to owning or maintaining a place of residence. Household hazardous waste does not include any waste generated in the course of operating a business concern at a residence. (f) "Household hazardous waste collection facility" means a facility operated by a public agency, or its contractor, for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste, and its operation may include accepting hazardous waste from conditionally exempt small quantity generators if that acceptance is authorized pursuant to Section 25218.3. Household hazardous waste collection facilities include permanent household hazardous waste collection facilities, as defined in subdivision (h), temporary household hazardous waste collection facilities, as defined in subdivision (p), recycle-only household hazardous waste collection facilities, as defined in subdivision (n), curbside household hazardous waste collection programs, as defined in subdivision (b), and mobile household hazardous waste collection facilities, as defined in subdivision (g). (g) "Mobile household hazardous waste collection facility" means a portable structure within which a household hazardous waste collection facility is operated and that meets all of the following conditions: (1) The facility is operated not more than four times in any one calendar year at the same location. (2) The facility is operated not more than three consecutive weeks within a two-month period at the same location. (3) Upon the termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. (h) "Permanent household hazardous waste collection facility" means a permanent or semipermanent structure at a fixed location that meets both of the following conditions: (1) The facility is operated at the same location on a continuous, regular schedule. (2) The hazardous waste stored at the facility is removed within one year after collection. (i) "Public agency" means a state or federal agency, county, city, or district. (j) "Quality assurance plan" means a written protocol prepared by a public agency that is designed to ensure that reusable household hazardous products or materials, as defined in subdivision (o), that are collected by a household hazardous waste collection program are evaluated to verify that product containers, contents, and labels are as they originated from the products' manufacturers. The public agency or a person authorized by the public agency, as defined in subdivision (k), shall design the protocol to ensure, using its best efforts with the resources generally available to the public agency, or the person authorized by the public agency, that products selected for distribution are appropriately labeled, uncontaminated, and appear to be as they originated from the product manufacturers. A quality assurance plan shall identify specific procedures for evaluating each container placed in a recycling or exchange program. The quality assurance plan shall also identify those products that shall not be accepted for distribution in a recycling or exchange program. Unacceptable products may include, but are not limited to, banned or unregistered agricultural waste, as defined in subdivision (a) of Section 25207.1, and products containing PCB, asbestos, or dioxin. (k) "Person authorized by the public agency" means an employee of a public agency or a person from whom services are contracted by the public agency. (l)"Recipient" means any person who accepts a reusable household hazardous product or material at a household hazardous waste collection facility operating pursuant to this article. (m) "Recyclable household hazardous waste material" means any of the following: (1) Latex paint. (2) Used oil. (3) Used oil filters. (4) Antifreeze. (5) Spent lead-acid batteries. (6) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department, except a universal waste for which the department determines, by regulation, that there is no readily available authorized recycling facility capable of accepting and recycling that waste. (n) "Recycle-only household hazardous waste collection facility" means a household hazardous waste collection facility that is operated in accordance with Section 25218.8 and accepts for recycling only recyclable household hazardous waste materials. (o) "Reusable household hazardous product or material" means a container of household hazardous product, or a container of hazardous material generated by a conditionally exempt small quantity generator, that has been received by a household hazardous waste facility operating pursuant to this article and that is offered for distribution in a materials exchange program to a recipient, as defined in subdivision (l), in accordance with a quality assurance plan, as defined in subdivision (j). (p) "Temporary household hazardous waste collection facility" means a household hazardous waste collection facility that meets both of the following conditions: (1) The facility is operated not more than once for a period of not more than two days in any one month at the same location. (2) Upon termination of operations, all equipment, materials, and waste are removed from the site within 144 hours. SEC. 3. Section 25218.5 of the Health and Safety Code is amended to read: 25218.5. (a) (1) Except as provided in paragraph (2), hazardous waste transported to a household hazardous waste collection facility shall be transported by any of the following: (A) The individual or CESQG who generated the waste. (B) A curbside household hazardous waste collection program. (C) A mobile household hazardous waste collection facility, a temporary household hazardous waste collection facility, or a recycle-only household hazardous waste facility. (D) A door-to-door household hazardous waste collection program. (E) A household hazardous waste residential pickup service. (F) A registered hazardous waste transporter carrying hazardous waste generated by a CESQG. (G) A registered hazardous waste transporter carrying hazardous waste from a solid waste landfill loadcheck program or a transfer station loadcheck program under agreement with the household hazardous waste facility. (H) A registered hazardous waste transporter, under agreement with the household hazardous waste facility, operating under a contract with a public agency to transport hazardous wastes that were disposed of in violation of this chapter, and that are being removed by, or are being removed under the oversight of, the public agency, if the hazardous wastes were not originally disposed of in violation of this chapter by that public agency. (2) Spent batteries that are received and transported pursuant to Section 25216.1 may be transported to a household hazardous waste collection facility from a collection location or an intermediate collection location. (3) Notwithstanding Section 25218.4, a registered hazardous waste transporter or mobile household hazardous waste collection facility transporting hazardous waste to a household hazardous waste collection facility shall comply with subdivisions (a) and (c) of Section 25163 and paragraph (1) of subdivision (d) of Section 25160. (b) An individual transporting household hazardous waste generated by that person and a CESQG transporting hazardous waste generated by the CESQG to a household hazardous waste collection facility shall meet all of the following conditions: (1) (A) Except as provided in subparagraph (B), the total amount of household hazardous waste or hazardous waste transported to a household hazardous waste collection facility by either the person or a CESQG shall not exceed a total liquid volume of five gallons or a total dry weight of 50 pounds. If the hazardous waste transported is both liquid and nonliquid, the total amount transported shall not exceed a combined weight of 50 pounds. (B) Subparagraph (A) does not apply to spent batteries that are collected by a collection location or intermediate collection location pursuant to Section 25216.1 and transported to a household hazardous waste collection facility. (2) The household hazardous waste and CESQG hazardous waste that is transported shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport. (3) Different household hazardous wastes or different CESQG hazardous wastes shall not be mixed within a container before or during transport. (4) If the hazardous waste is an extremely hazardous waste or an acutely hazardous waste, the total amount transported by a CESQG shall not exceed 2.2 pounds. (c) (1) Except as provided in paragraph (2), the total combined volume or weight of latex paint, used oil filters, antifreeze, and small batteries transported to a recycle-only household hazardous waste collection facility by any one individual shall not exceed a total volume of 10 gallons or a total dry weight of 100 pounds. Up to two spent lead-acid batteries may be transported at the same time and not more than 20 gallons of used oil may be transported in the same vehicle if the volume of each individual container does not exceed five gallons. (2) Paragraph (1) does not apply to spent batteries that are collected by a collection location or intermediate collection location pursuant to Section 25216.1 and transported to a household hazardous waste collection facility. (d) A curbside household hazardous waste collection program shall meet all of the following conditions: (1) Not more than a total combined weight of 10 pounds of used oil filters shall be collected from a single residence at one time. (2) Not more than five gallons of used oil shall be collected from a single residence at one time, and the volume of each individual container collected shall not exceed five gallons. (3) Not more than five gallons of latex paint shall be collected from a single residence at one time, and the volume of each individual container collected shall not exceed five gallons. (4) Hazardous waste containing mercury shall not be collected by a curbside household hazardous waste collection program unless the waste is contained in secure packaging that prevents breakage and spillage. (5) Fluorescent light tubes that are four feet or greater in length shall not be collected by a curbside household hazardous waste collection program. (6) The transported household hazardous waste shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport. (7) Different household hazardous wastes shall not be mixed within a container before or during transport. (e) A door-to-door household hazardous waste collection program or household hazardous waste residential pickup service shall meet all of the following conditions: (1) The transported household hazardous waste shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport. (2) Different household hazardous wastes shall not be mixed within a container before or during transport. (3) A door-to-door household hazardous waste collection program or household hazardous waste residential pickup service is exempt from the requirements of Section 25160 regarding the use of a manifest when transporting household hazardous waste collected from individual residences to an authorized hazardous waste collection facility. In lieu of a manifest, a receipt shall be issued for the household hazardous waste collected from an individual residence, and a copy of the receipt shall be retained by the public agency for a period of at least three years. (f) Notwithstanding Section 25218.4, a mobile household hazardous waste collection facility, a temporary household hazardous waste collection facility, or a recycle-only household hazardous waste collection facility that transports household hazardous waste from the collection facility to a household hazardous waste collection facility pursuant to subdivision (a) shall comply with subdivisions (a) and (c) of Section 25163 and paragraph (1) of subdivision (d) of Section 25160. SEC. 4. Section 25358.6.1 of the Health and Safety Code is amended to read: 25358.6.1. (a) For purposes of this section, the following definitions shall apply: (1) "Engineering, architectural, environmental, landscape architectural, construction project management, or land surveying services" includes professional services of an engineering, architectural, environmental, landscape architectural, construction project management, land surveying, or similar nature, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. (2) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of engineering, architecture, environmental, landscape architecture, construction project management, or land surveying. (3) "Prequalified list" means a list of engineering, architectural, environmental, landscape architectural, construction project management, or land surveying firms that possess the qualifications established by the department to perform specific types of engineering, architectural, environmental, landscape architectural, construction project management, and land surveying services, with each firm ranked in order of its qualifications and costs. (b) Notwithstanding Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, the department may advertise and award a contract, in accordance with this section, for engineering, architectural, environmental, landscape architectural, construction project management, or land surveying services pursuant to this chapter or Chapter 6.5 (commencing with Section 25100), if the contract is individually in an amount equal to, or less than, one million dollars ($1,000,000). (c) The department may establish prequalified lists of engineering, architectural, environmental, landscape architectural, construction project management, or land surveying firms in accordance with the following process: (1) For each type of engineering, architectural, environmental, landscape architectural, construction project management, or land surveying services work for which the department elects to use this section for advertising and awarding contracts, the department may request annual statements of qualifications from interested firms. The request for statements of qualifications shall be announced statewide through the California State Contracts Register and publications, Internet Web sites, or electronic bulletin boards of respective professional societies that are intended, designed, and maintained by the professional societies to communicate with their memberships. Each announcement shall describe the general scope of services to be provided within each generic project category for engineering, architectural, environmental, landscape architectural, construction project management, or land surveying services that the department anticipates may be awarded during the period covered by the announcement. (2) The department shall define a generic project category so that each specific project to be awarded within that generic project category is substantially similar to all other projects within that generic project category, may be within the same size range and geographical area, and requires substantially similar skills and magnitude of professional effort as every other project within that generic project category. The generic categories shall provide a basis for evaluating and establishing the type, quality, and costs, including hourly rates for personnel and field activities and equipment, of the services that would be provided by the firm. (3) The department shall evaluate the statements of qualifications received pursuant to paragraph (1) and the department shall develop a short list of the most qualified firms that meet the criteria established and published by the department. The department shall hold discussions regarding each firm's qualifications with all firms listed on the short list. The department shall then rank the firms listed on the short list according to each firm's qualifications and the evaluation criteria established and published by the department. (4) The department shall maintain prequalified lists of civil engineering, architectural, environmental, landscape architectural, construction project management, or land surveying firms ranked pursuant to paragraph (3) on an ongoing basis, except that no firm may remain on a list developed pursuant to paragraph (3) based on a single qualification statement for more than three years. The department shall include in each prequalified list adopted pursuant to paragraph (3) no less than three firms, unless the department certifies that the scope of the prequalified list is appropriate for the department's needs, taking into account the nature of the work, that the department made reasonable efforts to solicit qualification statements from qualified firms, and that the efforts were unsuccessful in producing three firms that met the established criteria. A firm may remain on the prequalified list up to three years without resubmitting a qualification statement, but the department may add additional firms to that list and may annually rank these firms. For purposes of annual adjustment to the ranking of firms already on the prequalified list developed pursuant to paragraph (3), the department shall rely on that firm's most recent annual qualification statement, if the statement is not more than three years old. (5) During the term of the prequalified list developed pursuant to paragraph (3), as specific projects are identified by the department as being eligible for contracting under the procedures adopted pursuant to subdivision (d), the department shall contact the highest ranked firm on the appropriate prequalified list to determine if that firm has sufficient staff and is available for performance of the project. If the highest ranked firm is not available, the department shall continue to contact firms on the prequalified list in order of rank until a firm that is available is identified. (6) The department may enter into a contract for the services with a firm identified pursuant to paragraph (5), if the contract is for a total price that the department determines is fair and reasonable to the department and otherwise conforms to all matters and terms previously identified and established upon participation in the prequalified list. (7) If the department is unable to negotiate a satisfactory contract with a firm identified pursuant to paragraph (6), the department shall terminate the negotiations with that firm and the department shall undertake negotiations with the next ranked firm that is available for performance. If a satisfactory contract cannot be negotiated with the second identified firm, the department shall terminate these negotiations and the department shall continue the negotiation process with the remaining qualified firms, in order of their ranking, until the department negotiates a satisfactory contract. If the department is unable to negotiate a satisfactory contract with a firm on two separate occasions, the department may remove that firm from the prequalified list. The department may award a contract to a firm on a prequalified list that is to be executed, including amendments, for a term that extends beyond the expiration date of that firm's tenure on the prequalified list. (8) Once a satisfactory contract is negotiated and awarded to a firm from any prequalified list for a generic project category involving a site or facility investigation or characterization, a feasibility study, or a remedial design, for a specific response action or corrective action, including, but not limited to, a corrective action carried out pursuant to Section 25200.10, the department shall not enter into a contract with that firm for purposes of construction or implementation of any part of that same response action or corrective action. (d) The department may adopt guidelines or regulations as necessary and consistent with this section, to define the manner of advertising, generic project categories, type, quantity and cost of services, qualification standards and evaluation criteria, content and submittal requirements for statements of qualification, procedures for ranking of firms and administration of the prequalified list, the scope of matters addressed by participation on a prequalified list, manner of notification of, negotiation with, and awarding of contracts to, prequalified firms, and procedures for protesting the award of contracts under this section, or any other matter that is appropriate for implementation of this section. (e) Any removal or remedial action taken or contracted by the department pursuant to Section 25354 or subdivision (a) of Section 25358.3 is exempt from this section. (f) This section does not exempt any contract from compliance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code. SEC. 5. Section 25395.12 of the Health and Safety Code is amended to read: 25395.12. (a) The department shall conduct audits of a minimum of 25 percent of the sites where a private site manager or private site management team has conducted a site investigation or response action without oversight by the department, except with respect to cases where oversight is otherwise required under this article, and where the department has been requested to issue or has issued a certificate of completion. (b) A private site manager and any member of a private site management team shall provide an authorized representative of the department with complete access, at any reasonable hour of the day, to all technical data, reports, records, environmental samples, photographs, maps, and files that are materially related to a response action conducted pursuant to this article. SEC. 6. Section 25395.15 of the Health and Safety Code is amended to read: 25395.15. The department shall adopt minimum standards of performance that shall apply to the activities and conduct of private site managers and members of private site management teams that conduct response actions pursuant to this article. The standards shall be consistent with the requirements of this article and with generally accepted professional standards that apply to persons who engage in the types of work that are required to conduct hazardous substance release response actions pursuant to this chapter. The minimum standards of performance shall be adopted as expeditiously as possible, but not later than six months from the date that the department first begins accepting applications pursuant to Section 25395.3. SEC. 7. Section 25570.2 of the Health and Safety Code is amended to read: 25570.2. For purposes of this chapter, the following terms have the following meaning: (a) "Air board" means the State Air Resources Board. (b) "Cal-OSHA" means the Division of Occupational Safety and Health in the Department of Industrial Relations. (c) "Department" means the Department of Toxic Substances Control. (d) "Director" means the Director of Toxic Substances Control. (e) "Water board" means the State Water Resources Control Board. (f) "Environmental quality assessment" or "assessment" means a systematic, documented, periodic, and objective review of the operations and practices, used by any commercial or industrial business or individual whose activities are regulated or conducted under Chapter 6.5 (commencing with Section 25100), Chapter 6.8 (commencing with Section 25300), or Chapter 6.95 (commencing with Section 25500), to achieve, monitor, maintain, and where feasible exceed, compliance with state environmental, worker health and safety, and public health requirements for the manufacture and use of hazardous substances and the generation and disposal of hazardous wastes. A complete environmental assessment includes a number of different components related to hazardous substance and hazardous waste management and requires the expertise of a variety of assessors. An environmental assessment includes technical or managerial recommendations or actions, of a general or specific nature, in one or more of the following areas: (1) Recommendations or specific actions for complying with, and where feasible, exceeding legal requirements in areas related to hazardous substance and hazardous waste management, including, but not limited to, air quality, water quality, emergency preparedness and response, hazard communications, and occupational safety and health. (2) A qualitative review, or where feasible, a quantitative review, of the risks resulting from occupational, public or environmental exposure to hazardous substances. (3) Recommendations or actions for anticipating and minimizing the risks specified in paragraph (2), including any potential liability, associated with regulated and unregulated hazardous substances, and any suggested management procedures or practices. (g) "Environmental assessor" or "assessor" means an individual who, through academic training, occupational experience, and reputation, is qualified to objectively conduct one or more aspects of an environmental assessment. Environmental assessors may include, but shall not be limited to, specialists trained as analytical chemists, professional engineers, geologists, environmental management system auditors, epidemiologists, hydrologists, attorneys with expertise in hazardous substance law, physicians, industrial hygienists, toxicologists, registered environmental health specialists, and environmental program managers. (h) "Hazardous substance" shall have the same meaning as found in Chapter 6.8 (commencing with Section 25300) and "hazardous waste" shall have the same meaning as found in Chapter 6.5 (commencing with Section 25100). SEC. 8. Section 25570.3 of the Health and Safety Code is amended to read: 25570.3. (a) The director, in consultation with the Water Board, the Air Board, the Division of Occupational Safety and Health in the Department of Industrial Relations, and the Department of Consumer Affairs shall develop, adopt by regulation, and publicize criteria for, the voluntary registration of environmental assessors who have the experience or qualifications sufficient to conduct environmental assessments. The director shall determine minimum standards of performance and criteria for the establishment of two classes of environmental assessors. (b) In establishing criteria for the registration of class I environmental assessors the director shall consider all of the following: (1) The level of experience, including a minimum of two years of experience in successfully assisting businesses, government agencies, or labor organizations in the assessor's general field of expertise in managing hazardous substances or hazardous waste, or both. (2) Evaluations from clients, colleagues, and professional associations. (3) Skills or expertise that represent an area of specialty within a field, such as professional engineering or engineering geology, for which the state now offers a certification, licensing, or registration process. (4) Pertinent specialized certification, licensing, or registration programs offered by professional associations or other private sector organizations. (5) Specific areas of expertise, including, but not limited to, underground tank checks or removal, small generator waste reduction, recycling, treatment, and disposal, prevention and control of air emissions and water releases, assessment of soil or groundwater contamination, risk assessment and risk reduction recommendations, or occupational safety and health reviews. (c) In addition to registration as a class I environmental assessor, an applicant for registration as a class II environmental assessor shall, in addition to any requirements specified by regulation, meet both of the following requirements: (1) Possess a bachelor of science degree from an accredited college or university in a physical or biological science, engineering, or a related field. (2) Have a minimum of eight years of professional-level environmental experience, acquired within the last 10 years, of which four years shall be professional-level site mitigation experience acquired within the last six years. (d) The director may appoint an ad hoc advisory committee to assist in developing the requirements for the registration of class I and class II environmental assessors. The members of the ad hoc committee shall represent the range of professional skills that may be possessed by class I and class II environmental assessors, and shall be registered or certified in their respective professions by the State of California. (e) The director shall require each applicant for registration as a class I or class II environmental assessor to pay the following fees: (1) For a class I environmental assessor: (A) A nonrefundable application fee of up to fifty dollars ($50) for each applicant seeking registration as a class I environmental assessor. (B) An annual fee of up to one hundred dollars ($100) for registration as a class I environmental assessor. (2) For a class II environmental assessor: (A) A nonrefundable application fee of up to one hundred twenty-five dollars ($125) for each applicant seeking registration as a class II environmental assessor. (B) An annual fee of up to five hundred dollars ($500) for registration as a class II environmental assessor. (f) (1) The director shall assess the fees specified in paragraphs (1) and (2) of subdivision (e) at a level sufficient to meet the costs of application processing, registration, listing and publication, audits, complaints, investigations, disciplinary proceedings, and those other activities that are reasonably necessary to administer and implement the environmental assessor registration program. (2) The director shall deposit all fees collected pursuant to this section in the Environmental Quality Assessment Fund, which is hereby established in the State Treasury. The director may expend the funds in the Environmental Quality Assessment Fund, upon appropriation by the Legislature, to implement this chapter. (g) Any applicant who is denied registration shall be notified in writing by a letter signed by the director or the director's designee, stating the reasons for the denial. The applicant may respond to the registration denial by providing additional information for the purpose of clarifying the application, and may request reconsideration of the denial. (h) (1) On or before March of each year, the director shall, in collaboration with associations representing small and medium-sized businesses, publish, prepare, and disseminate a list of registered environmental assessors that are listed by class. (2) The list prepared pursuant to paragraph (1) shall be arranged in accordance with the types of tasks performed by the registered environmental assessor, and, at a minimum, shall specify the professional and employment affiliations and the specific area of expertise of the assessor, and shall indicate whether the assessor is a sales representative, owner, or part owner of a business that manufactures or distributes technology for hazardous substances or hazardous waste management. In addition, the list shall provide an alphabetical listing of firms that provide environmental assessment services and that employ registered assessors. The registered assessors employed by each firm shall be listed with the firm's name by class. The director shall include a written disclaimer of liability as part of the published list of registered assessors. (i) Each environmental assessor shall obtain a renewal of registration every five years following the date of the initial registration or renewal of registration. The director shall determine a renewal fee that is sufficient to cover the reasonable costs incurred in reassessing the qualifications of the applicant for renewal. In considering whether to renew a registration, the director shall also consider any factual complaints regarding the work of that assessor and may suspend or deny registration pursuant to subdivision (l). (j) Notwithstanding any other provision of law, no state agency or employee of a state agency shall be held liable for any injury or damages resulting from the services provided by a registered environmental assessor listed pursuant to subdivision (h). In any litigation regarding the registration process or the list of assessors, the Attorney General shall defend a state employee or state agency involved with the development or implementation of the program specified in this chapter. (k) The director may perform periodic audits of work performed and certified by an environmental assessor, as necessary, to ensure the desired standard of performance. A registered environmental assessor shall provide an authorized representative of the director with complete access, at any reasonable hour of the day, to all technical data, reports, records, environmental samples, photographs, maps, and files used in the preparation of certified reports, with the exception of proprietary or other confidential information. (l) The director shall deny, suspend, or rescind an environmental assessor's registration when an assessor's performance falls below the minimum required standards of performance adopted pursuant to subdivision (a) or Section 25395.15, as determined by an audit conducted by an authorized representative of the director pursuant to subdivision (k) or Section 25395.12. In addition to a failure to meet the minimum standards of performance adopted pursuant to subdivision (a) or Section 25395.15, any one of the following findings shall be sufficient grounds for the denial, suspension, or rescission of a registration: (1) Gross negligence. (2) Inexcusable neglect of duty. (3) Intentional misrepresentation of laboratory data or other intentional fraud. (4) Charging for services not rendered, or for performing services that are not reasonably necessary. (5) Abandonment of any client, except for instances involving the nonpayment of fees for services rendered. (6) Conviction of a felony or misdemeanor involving the regulation of hazardous wastes, hazardous substances, or hazardous materials, including, but not limited to, a conviction of a felony or misdemeanor under Section 25395.13. (7) Conviction of a felony or misdemeanor involving moral turpitude. (8) Knowingly making a false statement regarding a material fact or knowingly fail to disclose a material fact in connection with an application for registration. (m) The director shall adopt, by regulation, a procedure for the appeal of a denial, suspension, or rescission of registration. SEC. 9. Section 58004.5 is added to the Health and Safety Code, to read: 58004.5. (a) The department succeeds to, and is vested with, all of the duties, powers, purposes, responsibilities, and jurisdiction of the Office of Environmental Health Hazard Assessment with regard to the Environmental Quality Assessment Act of 1986 (Chapter 6.98 (commencing with Section 25570)). (b) The Director of Toxic Substances Control may expend the unexpended balance of any funds available for expenditure by the Director of Environmental Health Hazard Assessment in connection with the performance of the functions of the Director of Environmental Health Hazard Assessment in carrying out the Environmental Quality Assessment Act of 1986. (c) All officers and employees of the Office of Environmental Health Hazard Assessment who are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function in carrying out the Environmental Quality Assessment Act of 1986 shall be transferred to the department. The status, positions, and rights of those persons shall not be affected by the transfer and shall be retained by them as officers and employees of the Department of Toxic Substances Control, pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except as to positions exempted from civil service. (d) The department shall have possession and control of all records, papers, offices, equipment, supplies, money, funds, appropriations, licenses, permits, agreements, contracts, claims, judgments, and land or other property, real or personal, held for the benefit or use of the Office of Environmental Health Hazard Assessment for purposes of the functions transferred to the department to subdivision (a). (e) Any regulation adopted before January 1, 2003, by the Office of Environmental Health Hazard Assessment or its predecessors, relating to carrying out the Environmental Quality Assessment Act of 1986, as specified in subdivision (a), that are in effect on January 1, 2003, shall remain in effect on and after January 1, 2003, and are enforceable by the department until readopted, amended, or repealed by the department. SEC. 10. Section 42175.1 of the Public Resources Code is amended to read: 42175.1. (a) Any hazardous material that becomes a hazardous waste when released or removed from any major appliance shall be managed pursuant to Article 10.1 (commencing with Section 25211) of Chapter 6.5 of Division 20 of the Health and Safety Code. (b) Any mercury-containing motor vehicle light switch that becomes a hazardous waste when removed from any vehicle shall be managed pursuant to Article 10.2 (commencing with Section 25214.5) of Chapter 6.5 of Division 20 of the Health and Safety Code. (c) Failure to comply with the requirements of Section 42175 is a violation of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.