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 within3060 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.