as amended, Bloom.
begin deleteHazardous substances: oil recycling: legislative intent. end delete
Existing law requires the Department of Toxic Substances to implement and administer various programs regulating the treatment and disposal of hazardous substances. The California Oil Recycling Enhancement Act, which is administered by the California Department of Resources Recycling and Recovery, establishes a used oil recycling program designed to discourage the illegal disposal of used oil.end delete
This bill would declare the intent of the Legislature to enact subsequent statutory changes to the Department of Toxic Substance’s hazardous waste fee system that would streamline the system, harmonize the department’s hazardous waste program objectives and fees with the Department of Resources Recycling and Recovery’s responsibilities and program objectives under the California Oil Recycling and Recovery Enhancement Act, and align hazardous waste fees with the actual regulatory costs associated with managing hazardous waste and used oil.end delete
begin deletemajority end delete.
Appropriation: begin deleteno end delete.
Fiscal committee: begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) (1) Notwithstanding any other law, except as
4provided in this article, on and after January 1, 2013, this article
P3 1shall apply to all state and local public retirement systems and to
2their participating employers, including the Public Employees’
3Retirement System, the State Teachers’ Retirement System, the
4Legislators’ Retirement System, the Judges’ Retirement
begin delete System the Judges’ Retirement System II, county and district
6retirement systems created pursuant to the County Employees
7Retirement Law of 1937, independent public retirement systems,
8and to individual retirement plans offered by public employers.
9However, this article shall be subject to the Internal Revenue Code
10and Section 17 of Article XVI of the California Constitution. The
11administration of the requirements of this article shall comply with
12applicable provisions of the Internal Revenue Code and the
13Revenue and Taxation Code.
14(2) Notwithstanding paragraph (1), this article shall not apply
15to the entities described in Section 9 of Article IX of, and Sections
164 and 5 of Article XI of, the California Constitution, except to the
17extent that these entities continue to be participating employers in
18any retirement system governed by state statute. Accordingly, any
19retirement plan approved before January 1, 2013, by the voters of
20any entity excluded from coverage by this section shall not be
21affected by this article.
35(b) The benefit plan required by this article shall apply to public
36employees who are new members as defined in Section 7522.04.
37(c) Individuals who were employed by any public employer
38before January 1, 2013, and who became employed by a subsequent
39public employer for the first time on or after January 1, 2013, shall
40be subject to the retirement plan that would have been available
P4 1to employees of the subsequent employer who were first employed
2by the subsequent employer on or before December 31, 2012, if
3the individual was subject to reciprocity established under any of
4the following provisions:
5(1) Article 5 (commencing with Section 20350) of Chapter 3
6of Part 3 of Division 5 of Title 2.
7(2) Chapter 3 (commencing with Section 31450) of Part 3 of
8Division 4 of Title 3.
9(3) Any agreement between public retirement systems to provide
10reciprocity to members of the systems.
11(d) If a public employer, before January 1, 2013, offers a defined
12benefit pension plan that provides a defined benefit formula with
13a lower benefit factor at normal retirement age and results in a
14lower normal cost than the defined benefit formula required by
15this article, that employer may continue to offer that defined benefit
16formula instead of the defined benefit formula required by this
17article, and shall not be subject to the requirements of Section
187522.10 for pensionable compensation subject to that formula.
19However, if the employer adopts a new defined benefit formula
20on or after January 1, 2013, that formula must conform to the
21requirements of this article or must be determined and certified by
22the retirement system’s chief actuary and the retirement board to
23have no greater risk and no greater cost to the employer than the
24defined benefit formula required by this article and must be
25approved by the Legislature. New members of the defined benefit
26plan may only participate in the lower cost defined benefit formula
27that was in place before January 1, 2013, or a defined benefit
28formula that conforms to the requirements of this article or is
29approved by the Legislature as provided in this subdivision.
30(e) If a public employer, before January 1,
2013, offers a
31retirement benefit plan that consists solely of a defined contribution
32plan, that employer may continue to offer that plan instead of the
33defined benefit pension plan required by this article. However, if
34the employer adopts a new defined benefit pension plan or defined
35benefit formula on or after January 1, 2013, that plan or formula
36must conform to the requirements of this article or must be
37determined and certified by the retirement system’s chief actuary
38and the system’s board to have no greater risk and no greater cost
39to the employer than the defined benefit formula required by this
40article and must be approved by the Legislature. New members of
P5 1the employer’s plan may only participate in the defined
2contribution plan that was in place before January 1, 2013, or a
3defined contribution plan or defined benefit formula that conforms
4to the requirements of this article.
5(f) The Judges’ Retirement System
begin delete Iend delete and the Judges’ Retirement
6System II shall not be required to adopt the defined benefit formula
7required by Section 7522.25 or 7522.30 or the compensation
8limitations defined in Section 7522.10.
9(g) This article shall not be construed to provide membership
10in any public retirement system for an individual who would not
11otherwise be eligible for membership under that system’s
12applicable rules or laws.
It is the intent of the Legislature to enact
34subsequent statutory changes to the Department of Toxic Substance
35Control’s hazardous waste fee system that would streamline the
36system, harmonize the department’s hazardous waste program
37objectives and fees with the Department of Resources Recycling
38and Recovery’s responsibilities and programs under the California
39Oil Recycling Enhancement Act, and align the hazardous waste
P7 1fees with the actual regulatory costs associated with managing
2hazardous waste and used oil.