BILL NUMBER: SB 712 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 6, 2014
INTRODUCED BY Senator Lara
FEBRUARY 22, 2013
An act to amend Section 8605 of the Elections Code,
relating to elections. An act to add Section 25200.7.5
to the Health and Safety Code, relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 712, as amended, Lara. Elections: write-in candidates.
Hazardous waste facility: permitting: interim status.
Existing law requires the facilities handling hazardous waste to
obtain a permit from the Department of Toxic Substances Control.
Existing law authorizes a hazardous waste facility in existence on a
specified date or on the effective date of any statute or regulation
that subjects the facility to the hazardous waste permitting
requirements to continue to operate under a grant of interim status
pending the review and decision of the department on the permit
application.
This bill would require the department, on or before July 1, 2015,
to take final action on an application for a hazardous waste
facilities permit that is submitted by a facility operating under a
grant of interim status on or before January 1, 1986, by either
issuing a final permit or a final denial of the application. The bill
would terminate the grant of interim status for such a facility on
July 1, 2015, or on the date on which the department takes final
action on the application, whichever is earlier. For other facilities
granted interim status, the bill would terminate that status, as
specified.
Existing law provides for the name of a person written in on a
ballot for a voter-nominated office at a direct primary election to
be placed on the general election ballot as a candidate for that
office if the person received, at the direct primary election, the
highest number of votes cast for the office or the second highest
number of votes cast for the office, except as provided.
This bill would require that a write-in candidate for a
voter-nominated office, in addition to being one of the top two
vote-getters, receive votes at the direct primary election equal in
number to at least 1% of all votes cast for the office at the last
preceding general election at which the office was filled in order
for his or her name to be placed on the general election ballot as a
candidate for that office. The bill also would make clarifying and
conforming changes.
This bill would specify that its provisions become operative only
if SCA ____ of the 2013-14 Regular Session is approved by the voters.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares
all of the following:
(1) California's public health and environmental protection
programs, policies, and activities should be conducted in a manner
that promotes equity and affords fair treatment, accessibility, and
protection for all residents, regardless of race, age, culture,
income, or geographic location.
(2) California needs to provide the greatest level of attention
and protection to those communities that are at the greatest risk
from those impacts.
(3) It is the mission of the California Department of Toxic
Substances Control to protect Californians and the environment of
California from harmful effects of toxic substances.
(4) The department ensures that hazardous waste facilities comply
with public health and safety requirements through regulations, and
permitting and inspection programs.
(5) Central to the regulation of hazardous waste facilities is
ensuring that entities that operate these facilities comply with
applicable laws and regulations, that facilities are operating under
proper permits, and that entities that frequently fail to comply with
applicable laws and regulations and pose a risk to public health and
safety are not given new or renewed hazardous waste facilities
permits.
(6) For a full permit, the facility should submit an application
which is subject to a detailed technical review by the department, a
45-day public comment period, a public hearing, and comply with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code). Full permits should be
renewed every 10 years, and permitted facilities are subject to
regular inspection by the department.
(7) One facility has been operating under an interim status permit
since 1985 and has repeatedly been found to have polluted the
surrounding environment and community with dangerously high levels of
lead and arsenic.
(8) Lead and arsenic are known carcinogens that increase the risk
of skin, lung, and lymphatic cancer, and can cause developmental
harm, damage to the nervous system, and damage reproductive health.
(b) It is the intent of the Legislature to identify, protect, and
defend overburdened communities that suffer from asthma, cancers, and
other illnesses born from heavy industrial pollution and to ensure
increased public participation from affected communities in the
governmental decisionmaking process.
SEC. 2. Section 25200.7.5 is added to the
Health and Safety Code , to read:
25200.7.5. (a) On or before July 1, 2015, the department shall
take final action on an application for a hazardous waste facilities
permit submitted to the department by a facility operating under a
grant of interim status pursuant to Section 25200.5 on or before
January 1, 1986, by either issuing a final permit pursuant to the
application or a final denial of application.
(b) Interim status granted pursuant to Section 25200.5 for a
facility described in subdivision (a) shall terminate on July 1,
2015, or on the date on which the department takes final action on
the application for a hazardous waste facilities permit, whichever is
earlier.
(c) Except as proved in subdivision (b), interim status granted
for a facility before January 1, 2015, shall terminate on January 1,
2020, or on the date on which the department takes final action on
the application for a hazardous waste facilities permit, whichever is
earlier.
(d) Interim status granted for a facility on or after January 1,
2015, shall terminate five years from the date on which the interim
status is granted or on the date on which the department takes final
action on the application for a hazardous waste facilities permit,
whichever is earlier.
SECTION 1. Section 8605 of the Elections Code
is amended to read:
8605. A person whose name has been written in upon a ballot for
an office at the direct primary election may not have his or her name
placed upon the ballot as a candidate for that office for the
ensuing general election unless one of the following is applicable:
(a) At that direct primary election he or she received for a
partisan office votes equal in number to at least 1 percent of all
votes cast for the office at the last preceding general election at
which the office was filled. In the case of an office that has not
appeared on the ballot since its creation, the requisite number of
votes shall equal at least 1 percent of the number of all votes cast
for the office that had the least number of votes in the most recent
general election in the jurisdiction in which the write-in candidate
is seeking office.
(b) He or she is an independent nominee for a partisan office
pursuant to Part 2 (commencing with Section 8300).
(c) At that direct primary election he or she received for a
voter-nominated office the highest number of votes cast for that
office or the second highest number of votes cast for that office,
provided that he or she received votes equal in number to at least 1
percent of all votes cast for the office at the last preceding
general election at which the office was filled, except as provided
by subdivision (b) of Section 8142 or Section 8807.
SEC. 2. This act shall become operative only if
Senate Constitutional Amendment ______ of the 2013-14 Regular
Session is approved by the voters.