AB 1205,
as amended, Gomez. begin deleteThe California River Revitalization and Greenway Development Act of 2015. end deletebegin insertHazardous waste: facilities permitting.end insert
Existing law, as part of the hazardous waste control law, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. A violation of the hazardous waste control law is a crime.
end insertbegin insertThis bill would require the department, within 90 days of receiving a renewal application for a hazardous waste facilities permit, to hold a public meeting for specified purposes in or near the community in which the hazardous waste facility is located.
end insertbegin insertExisting law prohibits the department from issuing or renewing a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains financial assurances.
end insertbegin insertThis bill would require the department to review the financial assurances required to operate a hazardous waste facility at least once every 5 years. If the department’s review finds the financial assurances for a facility to be inadequate, the bill would require the department to notify the owner or operator of the facility and would require the owner or operator to update and adopt adequate financial assurances within 90 days.
end insertbegin insertBecause a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law establishes various plans and programs to preserve, protect, and rehabilitate lands adjacent to rivers in the state.
end deleteThe California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020.
end deleteThis bill would require the Natural Resources Agency to establish a grant program for projects on or adjacent to riparian corridors that, among other things, furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 and to consider the extent to which a project reduces emissions of greenhouse gases and provides the greatest level of specified cobenefits. The bill would create the CalRIVER Fund in the State Treasury, with moneys in the fund to be available upon appropriation to implement the grant program.
end deleteThe bill would require the secretary of the agency to develop regulations, criteria, or procedural guidelines for the implementation of the grant program.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 25200.1.3 is added to the end insertbegin insertHealth and
2Safety Codeend insertbegin insert, to read:end insert
The department shall, within 90 days of receiving
4a renewal application for a hazardous waste facilities permit, hold
5a public meeting in or near the community in which the hazardous
6waste facility is located in order to inform the public of the
7submission of the renewal application, the process for reviewing
8and making a decision on the renewal application, how the public
9can participate in the process, and the facility’s enforcement
10history.
begin insertSection 25205 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
12amended to read:end insert
(a) Except as provided in Sectionbegin delete 25245.5,end deletebegin insert 25245.4,end insert
14 the department shall not issue or renew a permit to operate a
15hazardous waste facility unless the owner or operator of the facility
16establishes and maintains the financial assurances required pursuant
17to Article 12 (commencing with Section 25245).
18(b) The grant of interim status of a facility, or any portion
19thereof, that is operating under a grant of interim status pursuant
20to Section 25200.5, based on the facility having been in existence
21on November 19, 1980, shall terminate on
July 1, 1997, unless the
22department certifies, on or before July 1, 1997, that the facility is
23in compliance with the financial assurance requirements of Article
2412 (commencing with Section 25245) for a facility in operation
25since November 19, 1980, for all units, tanks, and equipment for
26which the facility has authorization to operate pursuant to its grant
27of interim status.
28
(c) The department shall review the financial assurances
29required to operate a hazardous waste facility at least once every
30five years. If the department’s review finds the financial assurances
31for a facility to be inadequate, the department shall notify the
P4 1owner or operator of the facility and require the owner or operator
2to update and adopt adequate financial assurances within 90 days.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
The Legislature finds and declares all of the
13following:
14(a) Efforts to reduce greenhouse gas emissions and enhance
15carbon sequestration on river systems will have significant
16economic, social, and environmental cobenefits and can aid
17progress on efforts to prepare for climate change risks.
18(b) Investing in river systems allows for cobenefits, including
19protection of water supply and water quality, air quality, species
20habitat, recreation, jobs, flood protection, reduced heat-island
21effects, and reduced energy use.
22(c) To ensure resilience and proper carbon management of these
23river systems, an integrated program must be developed to
24maximize the carbon management of the systems as well as
25effectively use existing state and regional funding.
Chapter 10.5 (commencing with Section 5845) is added
27to Division 5 of the Public Resources Code, to read:
28
This chapter shall be known, and may be cited, as
33CalRIVER.
It is the intent of the Legislature that, in an effort to
35reduce greenhouse gas emissions and increase greenhouse gas
36sequestration, the state shall protect, restore, and enhance a network
37of river systems and their riparian corridors to increase water
38retention, improve water quality, improve urban greening and
39urban reforestation, reduce the heat-island effect, increase active
40transportation, such as biking and walking, improve nonmotorized
P5 1mobility in the surrounding communities, and decrease vehicle
2miles
traveled.
(a) The Natural Resources Agency shall establish a grant
4program for projects on or adjacent to riparian corridors that
5furthers the regulatory purposes of the California Global Warming
6Solutions Act of 2006 (Division 25.5 (commencing with Section
738500) of the Health and Safety Code) and
meets the requirements
8of the Greenhouse Gas Reduction Fund Investment Plan and
9Communities Revitalization Act (Chapter 4.1 (commencing with
10Section 39710) of Part 2 of Division 26 of the Health and Safety
11Code).
12(b) To be eligible for funding under the program, a project shall
13demonstrate that it will achieve a reduction in emissions of
14greenhouse gases. In selecting projects for funding, the Natural
15Resources Agency, in consultation with the State Air Resources
16Board, shall consider the extent to which a project reduces
17emissions of greenhouse gases.
18(c) In evaluating grant applications for funding, the Natural
19Resources Agency shall, in addition to prioritizing projects
20pursuant to subdivision (b), consider the extent to which a project
21provides the greatest level of the following cobenefits:
22(1) Recreational access to and improved human interaction with
23a river or riparian corridor, especially in urban corridors and
24park-starved communities.
25(2) Improved
transportation mobility, especially pedestrian,
26bicycle, and public transit.
27(3) Economic viability of the surrounding community by
28promoting appropriate development,
especially in an urban setting.
29(4) Development of visitor-serving and interpretive facilities.
30(5) Access and development of pocket parks, community
31gardens, demonstration gardens, and other urban greening.
32(6) Species protections and the protection of habitat strongholds,
33including improved wildlife corridors.
34(7) Improved resiliency in the face of unavoidable impacts from
35climate change.
36(8) Improved water supply, flood protection,
and water quality,
37including the water quality of impaired water bodies through river
38restoration.
39(9) Job training and workforce development, especially projects
40that involve disadvantaged youth and veterans.
P6 1(10) Improved stormwater retention.
2(d) Projects receiving funding pursuant to this chapter shall also
3be consistent with both of the following:
4(1) The California Water Action Plan published by the Governor.
5(2) The Safeguarding California Plan published by the Natural
6Resources Agency.
7(e) Projects receiving funding pursuant to this chapter for flood
8protection shall be consistent, as applicable, with Chapter 4
9(commencing with Section 8400) of Part 2 of Division 5, Part 6
10(commencing with Section 9600) of Division 5, and Part 9
11(commencing with Section 12980) of Division 6, of the Water
12Code.
13(f) The Natural Resources Agency shall also prioritize funding
14pursuant to this chapter for projects with the following
15characteristics:
16(1) Are consistent with a parkway, greenway, or urban greening
17plan.
18(2) Leverage moneys from the Water Quality, Supply, and
19Infrastructure Improvement Act of 2014, approved by the voters
20as Proposition 1 at the November 4, 2014, statewide general
21election.
22(3) Provide recreational access
and opportunities to major
23metropolitan areas of the state, including those that are relatively
24underserved by parks.
The CalRIVER fund is hereby created in the State
26Treasury to be administered by the Natural Resources Agency.
27The moneys in the CalRIVER Fund, upon appropriation by the
28Legislature, shall be expended by the Natural Resources Agency
29in accordance with this chapter. The Legislature may transfer
30moneys to the fund from bond proceeds and special funds,
31including, but not limited to, the Greenhouse Gas Reduction Fund,
32created by Section 16428.8 of the Government Code.
The secretary shall develop regulations, criteria, or
34procedural guidelines for the implementation of this chapter.
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