Amended in Senate June 27, 2013

Amended in Assembly May 7, 2013

Amended in Assembly April 24, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1329


Introduced by Assembly Member V. Manuel Pérez

(Principal coauthor: Assembly Member Alejo)

February 22, 2013


An act to amendbegin delete Sections 25135.9, 25161, 25162, and 25178end deletebegin insert Section 25162end insert of, and to addbegin delete Sections 25135.11 and 25150.9end deletebegin insert Section 25180.2end insert to, the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1329, as amended, V. Manuel Pérez. Hazardousbegin delete waste: environmental justice.end deletebegin insert waste.end insert

begin delete

(1) Existing law requires the California Environmental Protection Agency to develop a strategy for identifying and addressing any gaps in existing programs, policies, or activities that may impede the achievement of environmental justice, as defined, and requires each board, department, and office within the agency to review its programs, policies, and activities and identify and address any gaps in its existing programs, policies, or activities that may impede the achievement of environmental justice.

end delete
begin delete

Existing law requires the Department of Toxic Substances Control to prepare and adopt a state hazardous waste management plan by November 30, 1991, and to revise the plan at least once every 3 years. The state plan is required to be prepared in conjunction with, and take into account, certain local hazardous waste management plans.

end delete
begin delete

This bill would instead require the department to prepare and adopt, by January 1, 2016, a state hazardous waste management plan to address the matter of environmental justice in the management of hazardous waste and to serve as a comprehensive and enforceable planning document for the state. The bill would specify the elements required to be included in the plan and would require the plan to be reviewed and revised, as specified. The bill would require the Director of Toxic Substances Control to approve the plan and to submit the plan to specified committees of the Legislature.

end delete
begin delete

The bill would require the department to adopt regulations to ensure that minority populations and low-income populations are not disproportionately impacted by the adverse human health, social, economic, and environmental effects of the hazardous waste managed pursuant to the hazardous waste control law. Since a violation of the regulations adopted pursuant to the hazardous waste control law is a crime, the bill would impose a state-mandated local program. The bill would allow a person to commence a civil action on that person’s own behalf against a person who is alleged to be in violation of those regulations or alleging a failure by the department to perform an act or duty pursuant to specified provisions.

end delete
begin delete

(2) Existing law requires the department to post certain information on or before January 1 of each odd-numbered year on its Internet Web site.

end delete
begin delete

This bill would revise the information required to be posted and would require the information to be searchable and translated into Spanish.

end delete
begin insert

(1) Existing law requires the Department of Toxic Substances Control to enforce the standards in the hazardous waste control laws and the regulations adopted to implement those laws. A violation of the hazardous waste control laws is a crime.

end insert
begin insert

This bill would require the department to prioritize an enforcement action affecting communities that have been identified by the California Environmental Protection Agency as being the most impacted environmental justice communities.

end insert
begin delete

(3)

end delete

begin insert(2)end insert Existing law prohibits a person from transporting hazardous waste, as specified, if the final destination of the transported hazardous waste is in a state other than this state or in a territory of the United States, unless the facility is issued a permit pursuant to the federal Resource Conservation and Recovery Act of 1976 or the facility is authorized by the state to accept that waste.begin delete Existing law requires the department to develop a specified database regarding hazardous waste shipped in and out of state.end delete

This bill would instead prohibit a person from transporting hazardous waste, as specified, if the final destination of the transported hazardous waste is a domestic facility outside the jurisdiction of the state unless certain conditions apply to the facility, including whether the facility is subject to a cooperative agreement, as specified.begin delete The bill would revise the information required to be included in the department’s database with regard to hazardous waste shipped in and out of the state’s jurisdiction.end deletebegin insert By expanding the scope of a crime, this bill would impose a state-mandated local program.end insert

begin delete

(4)

end delete

begin insert(3)end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin delete
P3    1

SECTION 1.  

Legislature finds and declares all of the following:

2(a) All hazardous waste landfill facilities and the majority of
3other types of hazardous waste facilities in the state are located in
4or near low-income Latino communities. The siting and operation
5of the state’s hazardous waste facilities near low-income Latino
6communities disparately and adversely affects those communities,
7in violation of both Section 11135 of the Government Code and
8Title VI of the Civil Rights Act (42 U.S.C. Sec. 2000d and
9following).

10(b) Under Section 11135 of the Government Code and Title VI
11of the Civil Rights Act, the Department of Toxic Substances
12Control has a responsibility to prevent racial discrimination in the
13siting and operation of hazardous waste disposal facilities.

14(c) California needs a statewide hazardous waste disposal and
15management plan to promote environmental justice, thereby
16protecting the civil rights of minority residents in the communities
P4    1targeted for hazardous waste disposal facilities and other types of
2hazardous waste management facilities.

end delete
3begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
4following:

end insert
begin insert

5(a) California’s public health and environmental protection
6programs, policies, and activities should be conducted in a manner
7that promotes equity and affords fair treatment, accessibility, and
8protection for all residents, regardless of race, age, culture,
9income, or geographic location.

end insert
begin insert

10(b) To that end, the California Environmental Protection Agency
11has worked for a decade to develop and implement an
12environmental justice initiative that ensures fair and equitable
13environmental policies for all residents.

end insert
begin insert

14(c) Through that initiative, the California Environmental
15Protection Agency has worked to identify those communities that
16are most impacted by pollution and environmental contamination.

end insert
begin insert

17(d) California needs to provide the greatest level of attention
18and protection to those communities that are at the greatest risk
19from those impacts.

end insert
20begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 25180.2 is added to the end insertbegin insertHealth and Safety
21Code
end insert
begin insert, to read:end insert

begin insert
22

begin insert25180.2.end insert  

The department shall prioritize an enforcement action
23authorized by this chapter affecting communities that have been
24identified by the California Environmental Protection Agency as
25being the most impacted environmental justice communities.

end insert
begin delete
26

SEC. 2.  

Section 25135.9 of the Health and Safety Code is
27amended to read:

28

25135.9.  

(a) For purposes of this section, the following
29definitions shall apply:

30(1) “Environmental justice” means the fair treatment of people
31of all races, cultures, and incomes with respect to the development,
32adoption, implementation, and enforcement of environmental laws,
33regulations, and policies.

34(2) “Hazardous waste landfill facility” means a hazardous waste
35facility that disposes of hazardous waste to land, as specified in
36Section 25174.1.

37(b) The department shall, pursuant to this section and in
38accordance with the requirements of subdivision (d) of Section
3925170, prepare and adopt a hazardous waste management plan
40that would address matters of environmental justice in the
P5    1management of the state’s hazardous waste. The state’s hazardous
2waste management plan adopted pursuant to this section shall serve
3as a comprehensive and enforceable planning document for the
4state to ensure that minority populations and low-income
5populations are not disproportionately impacted by the adverse
6human health, social, economic, and environmental effects of
7hazardous waste management, including disposal.

8(c) The state hazardous waste management plan shall be
9prepared and adopted by the department on or before January 1,
102016, shall be reviewed annually, and shall be revised to reflect
11new information at least once every three years.

12(d) In preparing and adopting the state hazardous waste
13management plan, and in revising the plan thereafter, the
14department shall do all of the following:

15(1) Publish the draft plan or the revised plan in English and
16Spanish and make it available to the public for review and comment
17at least three months before final adoption.

18(2)  Conduct workshops and at least six public hearings on the
19plan or the draft revised plan, one in the southern part of the state,
20one in the central part of the state, one in the northern part of the
21state, and one in each community that hosts a hazardous waste
22landfill facility, to solicit the views of the public, local government,
23regional councils of governments, and interested parties.

24(3)  Include in the final state hazardous waste management plan
25and in revisions of the plan, a summary of the comments received
26and the department’s responses to those comments.

27(e) The state hazardous waste management plan, and each
28revision of the plan, shall include, but need not be limited to, all
29of the following elements:

30(1)  An analysis of the hazardous waste streams produced in the
31state, an accounting of the volumes of hazardous waste produced
32in each county and region of the state, by type of waste, and
33estimates of the expected rates of hazardous waste production, by
34type of waste, during the next five years.

35(2)  An inventory of existing and planned hazardous waste
36facilities that handle, treat, recycle, dispose, or otherwise manage
37hazardous wastes produced in the state, which shall include all of
38the following:

P6    1(A) The racial and socioeconomic composition of populations
2within one-half-mile, one-mile, and five-mile radii around each
3existing or planned hazardous waste facility.

4(B) A description of each facility and a full and complete
5summary of the facilities’ compliance history, including, but not
6limited to, the enforcement actions taken by the department or any
7other state department or board that is within the California
8Environmental Protection Agency, and the penalties imposed
9pursuant to those enforcement actions.

10(C) A determination of the capacity of each existing or planned
11hazardous waste facility to handle, treat, recycle, dispose, or
12otherwise manage the waste streams it is authorized to handle,
13treat, recycle, dispose, or otherwise manage.

14(D) A description of the current progress and status of each
15planned hazardous waste facility in achieving operational status,
16including a timetable for becoming operational.

17(3)  An assessment of the need for additional hazardous waste
18facilities to manage the volumes of hazardous waste currently
19produced or which are expected to be produced during the next
2020 years.

21(4)  An identification of the areas or regions of the state where
22new or expanded capacity to manage hazardous wastes are needed
23and the types of facilities that should be sited and constructed.

24(5)  A description of the enforceable policies, programs,
25incentives, requirements, prohibitions, or other measures necessary
26to eliminate the disproportionate impact of hazardous waste
27management, including disposal, on low-income and minority
28populations, which may include specific measures to reduce the
29amount of hazardous waste generated within the state.

30(6)  A statement of goals, objectives, and policies currently in
31effect, or in the process of development, that address environmental
32justice in the siting and operation of hazardous waste facilities and
33the management of hazardous wastes during the next five years.

34(7)  A schedule of enforceable actions, including specific dates,
35for carrying out state, regional, and local actions to implement the
36state hazardous waste management plan.

37(f) The director shall approve a hazardous waste management
38plan prepared in accordance with this section and shall submit the
39approved plan to the Assembly Committee on Environmental
P7    1Safety and Toxic Materials and the Assembly Committee on
2Budget.

3

SEC. 3.  

Section 25135.11 is added to the Health and Safety
4Code
, to read:

5

25135.11.  

(a) (1) A person may commence a civil action on
6that person’s own behalf against a person who is alleged to be in
7violation of the regulations adopted pursuant to Section 25150.9.

8(2) A person may commence a civil action on that person’s own
9behalf alleging a failure by the department to perform an act or
10duty required under Section 25135.9 or 25150.9 and that is not
11otherwise a discretionary act or duty.

12(b) The superior court shall have jurisdiction to enforce a
13regulation specified in paragraph (1) of subdivision (a), or to order
14the department to perform an act or duty specified in paragraph
15(2) of subdivision (a), and to apply any appropriate civil penalties.

16(c) In an action brought pursuant to paragraph (2) of subdivision
17(a), the inquiry shall extend to the question of whether the
18department has proceeded without, or in excess of, its jurisdiction,
19and whether there was any prejudicial abuse of discretion. The
20court shall find that an abuse of discretion has been established if
21the department has not proceeded in the manner required by law,
22if the act or duty is not supported by the department’s findings, or
23if the department’s findings are not supported by the evidence. If
24it is claimed that the findings are not supported by the evidence,
25the court shall find that an abuse of discretion is established if the
26court determines that the findings are not supported by the weight
27of the evidence.

28

SEC. 4.  

Section 25150.9 is added to the Health and Safety
29Code
, to read:

30

25150.9.  

Upon the approval of the state hazardous waste
31management plan pursuant to subdivision (f) of Section 25135.9,
32the department shall adopt regulations to implement the plan to
33ensure that minority populations and low-income populations are
34not disproportionately impacted by the adverse health, social,
35economic, and environmental effects of the hazardous waste
36managed pursuant to this chapter.

37

SEC. 5.  

Section 25161 of the Health and Safety Code is
38amended to read:

39

25161.  

(a) The department may adopt and enforce those
40regulations, regarding a uniform program for hazardous waste
P8    1transportation, that are necessary and appropriate to achieve
2consistency with the findings made by the Federal Highway
3Administration and the federal Department of Transportation
4pursuant to Chapter 51 (commencing with Section 5101) of Title
549 of the United States Code.

6(b) The department shall adopt and enforce all rules and
7regulations that are necessary and appropriate to accomplish the
8purposes of Section 25160.

9(c) The department shall develop a database that tracks all
10hazardous waste shipped in and out of the state’s jurisdiction for
11handling, treatment, storage, disposal, or any combination thereof,
12which includes all of the following information:

13(1) The jurisdiction receiving the waste.

14(2) Month and year of shipment.

15(3) Type of hazardous waste shipped.

16(4) The manner in which the hazardous waste was handled at
17its final destination, such as incineration, treatment, recycling, land
18disposal, or a combination thereof.

19(d) The department shall include in the biennial report specified
20in Section 25178 all of the following information:

21(1) The total volume in tons of hazardous waste generated in
22the state and shipped offsite for handling, treatment, storage,
23 disposal, or any combination thereof.

24(2) The total volume in tons of hazardous waste generated in
25the state and shipped in and out of the state for handling, treatment,
26storage, disposal, or any combination thereof, including all of the
27following information:

28(A) The jurisdiction receiving the hazardous waste.

29(B) Month and year of shipment.

30(C) Type of hazardous waste shipped.

31(D) The manner in which the hazardous waste was handled at
32its final destination, such as incineration, treatment, recycling, land
33disposal, or a combination thereof.

end delete
34

begin deleteSEC. 6.end delete
35begin insert SEC. 3.end insert  

Section 25162 of the Health and Safety Code is
36amended to read:

37

25162.  

(a) A person shall not transport hazardous waste on
38the highways of this state, or deliver to a railroad or vessel
39hazardous waste for transport if the final destination of the
P9    1transported hazardous waste is a domestic facility outside the
2jurisdiction of the state, unless one of the following applies:

3(1) The facility has been issued a permit pursuant to subsection
4(c) or (g), or has been granted authority to operate pursuant to
5subsection (e) of Section 3005 of the federal act (42 U.S.C. Sec.
66925) by either of the following:

7(A) The United States Environmental Protection Agency.

8(B) The state in which the facility is located, if the state has
9authorization to operate a hazardous waste program pursuant to
10Section 3006 of the federal act (42 U.S.C. Sec. 6926).

11(2) The facility is authorized by the state in which it is located,
12pursuant to the applicable laws or regulations of that state, to accept
13the transported hazardous waste for transfer, handling, recycling,
14storage, treatment, or disposal.

15(3) The facility is subject to a cooperative agreement executed
16pursuant to Section 25198.3.

17(b) A person shall not transport hazardous waste on the highways
18of this state, or deliver to a railroad or vessel hazardous waste for
19transport, if the final destination of the transported hazardous waste
20is a facility that is located on a site that has been listed on the
21National Priorities List established pursuant to Section 105 of the
22Comprehensive Environmental Response, Compensation, and
23Liability Act of 1980, as amended (42 U.S.C. Sec. 9605(a)(8)(B)).

24(c) A person who knowingly transports or causes the
25transportation of, or who reasonably should have known that the
26person was causing the transportation of, hazardous waste in
27violation of subdivision (a) or (b) shall, upon conviction, be subject
28to the penalties specified in subdivision (a) of Section 25191.

29(d) A person who knowingly delivers, or arranges the delivery
30of, hazardous waste to another person for transport in violation of
31 subdivision (a) or (b) shall, upon conviction, be subject to the
32penalties specified in subdivision (a) of Section 25191.

33(e) A person shall not transport hazardous waste that is subject
34to the requirements of Section 3017 of the federal act (42 U.S.C.
35Sec. 6938) on the highways of this state or deliver to a railroad or
36vessel any of this hazardous waste for transport, if the final
37destination of the transported hazardous waste is a foreign country,
38unless the shipment is in compliance with the applicable regulations
39adopted pursuant to Section 25150.2 and either of the following
40conditions is met:

P10   1(1) A copy of the foreign country’s written consent to receive
2the hazardous waste, or a copy of the EPA Acknowledgement of
3Consent, as defined in Section 262.51 of Title 40 of the Code of
4Federal Regulations, is attached to the manifest required by this
5article.

6(2) The hazardous waste shipment is in compliance with the
7terms of an international agreement between the United States and
8the receiving foreign country, as provided in subsection (f) of
9Section 3017 of the federal act (42 U.S.C. Sec. 6938 (f)).

10(f) A person who knowingly violates, or who reasonably should
11have known that the person was violating, subdivision (e) shall,
12upon conviction, be subject to the penalties specified in subdivision
13(a) of Section 25191.

begin delete
14

SEC. 7.  

Section 25178 of the Health and Safety Code is
15amended to read:

16

25178.  

On or before January 1 of each odd-numbered year, the
17department shall post on its Internet Web site and translate into
18Spanish, at a minimum, all of the following:

19(a) The status of the regulatory and program developments
20required pursuant to legislative mandates.

21(b) The status of the hazardous waste facilities permit program,
22that shall include all of the following information:

23(1) A description of the final hazardous waste facilities permit
24applications received.

25(2) A searchable list of final hazardous waste facilities permits
26issued to date.

27(3) A searchable list of final hazardous waste facilities permits
28yet to be issued.

29(4) A complete description of the reasons why the final
30hazardous waste facilities permits yet to be issued have not been
31issued.

32(c) The status of the hazardous waste facilities siting program.

33(d) The status of the hazardous waste abandoned sites program.

34(e) A searchable list of enforcement actions taken by the
35department pursuant to this chapter and other enforcement actions
36relating to hazardous waste management. The list shall specify
37whether the violations have been corrected and shall include
38Internet Web links to inspection reports, draft orders, final orders,
39and enforcement actions taken by other agencies.

40(f) A searchable list of significant noncomplying operations.

P11   1(g) Summary data on annual quantities and types of hazardous
2waste generated, transported, treated, stored, and disposed.

3(h) Summary data regarding the onsite and offsite disposition
4of hazardous waste.

5(i) Research activity initiated by the department.

6(j) Regulatory action by other agencies relating to hazardous
7waste management.

8(k) A revised listing of recyclable materials showing any
9additions or deletions to the list prepared pursuant to Section 25175
10that have occurred since the last report.

11(l) Any other data considered pertinent by the department to
12hazardous waste management.

13(m) The information specified in subdivision (c) of Section
1425161, paragraph (4) of subdivision (b) of Section 25197.1,
15subdivision (c) of Section 25354, and Section 25334.7.

16(n) A status report on the cleanup of the McColl Hazardous
17Waste Disposal Site in Orange County.

18

SEC. 8.  

The provisions of this act are severable. If any
19provision of this act or its application is held invalid, that invalidity
20shall not affect other provisions or applications that can be given
21effect without the invalid provision or application.

end delete
22

begin deleteSEC. 9.end delete
23begin insert SEC. 4.end insert  

No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.



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