BILL NUMBER: SB 812	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator De León

                        FEBRUARY 22, 2013

   An act to amend Section 25199.6 of the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 812, as introduced, De León. Hazardous waste: facilities
permitting.
   Existing law requires hazardous waste facilities to operate under
hazardous waste facilities permits or grants of authorization issued
by the Department of Toxic Substances Control. Existing law
establishes procedures for a land use decision by a local agency
concerning a hazardous waste facility project, as defined. The
department is required to review for completeness each application
for a hazardous waste facilities permit and to notify the applicant
within 30 days of receipt whether the application is complete.
   This bill would increase to 60 days the time in which the
department is required to make that notification to an applicant.
   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.  Section 25199.6 of the Health and Safety Code is
amended to read:
   25199.6.  (a) Section 65943 of the Government Code does not apply
to the department's review of applications for a hazardous waste
facilities permit. The department shall review for completeness each
application for a hazardous waste facilities permit and notify the
applicant in writing whether the application is complete within
 30   60  days from the date of receipt. If
the application is incomplete, the department shall require the
applicant to provide the information necessary to make the
application complete. An application is not deemed to be complete
until the department notifies the applicant that the application is
complete. After an application is determined to be complete, the
department may request additional information only when necessary to
clarify, modify, or supplement previously submitted material.
   (b) Notwithstanding Section 65952 of the Government Code, any
public agency that is a responsible agency for a hazardous waste
facility project that is a land disposal facility shall approve or
disapprove the project within one of the following periods of time,
whichever is longer:
   (1) Within one year from the date on which the lead agency
approved or disapproved the project.
   (2) Within one year from the date on which the completed
application for the project has been received, and accepted as
complete, by that responsible agency.
   (c) Notwithstanding Section 65952 of the Government Code and
Section 25199.2, any public agency that is a responsible agency for a
hazardous waste facility project that is not a land disposal
facility shall approve or disapprove the project within one of the
following periods of time, whichever is longer:
   (1) Within 180 days from the date on which the lead agency
approved or disapproved the project.
   (2) Within 180 days from the date on which the completed
application for the project has been received, and accepted as
complete, by that responsible agency.
   (d) Subdivision (b) of Section 65956 of the Government Code does
not apply to the failure of a lead agency or responsible agency to
approve or disapprove a permit for a hazardous waste facility project
within the time limits established by Sections 65950 and 65952 of
the Government Code and subdivisions (b) and (c) of this section. If
a lead agency or a responsible agency fails to act within those time
limits, the applicant may file an action pursuant to Section 1085 of
the Code of Civil Procedure to compel the agency to approve or
disapprove the permit for the project within a reasonable time, as
the court may determine.