BILL ANALYSIS Ó
AB 2605
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Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 2605
(Nazarian) - As Amended April 6, 2016
SUBJECT: State government: Office of Permit Assistance
SUMMARY: Removes references to the Office of Permit Assistance
(Office) within the Office of Planning and Research and replaces
these references with the Department of Toxic Substances Control
(DTSC), which deals with the procedures for new hazardous waste
facility permits. Specifically, this bill:
1) Deletes the requirement that the Office provide various
permit assistance for proposed hazardous waste facility
projects, including assisting state and local agencies in
consolidating public meetings; working with the project
applicant and local government to ensure deadlines are met;
and, holding meetings to resolve questions or mediate
disputes from applications for a permit for a hazardous
waste facility project.
2) Replaces the Office with the DTSC as the entity a
proponent of a hazardous waste facility project must file a
notice of intent for a land use change with. Replaces the
Office with the DTSC as the entity that immediately
notifies affected state agencies of the notice of intent.
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3) Replaces the Office with the DTSC as the entity that is
required, within 90 days after the notice of intent for a
land use change has been filed, to convene a public meeting
in the affected city or county to inform the public on the
nature, function, and scope of the proposed hazardous waste
facility project and the procedures required for approving
applications for the project.
4) Replaces the Office with the DTSC as the entity that is
notified by a local agency after an application for a land
use decision, regarding a proposed hazardous waste
facility, has been accepted. Replaces the Office with the
DTSC as the entity that is required to convene a meeting of
lead and responsible agencies for the proposed hazardous
waste facility project within 60 days of receiving the
notice from a local agency that a land use decision has
been accepted.
5) Deletes the authorization for the Office to assist with
a resolution if the local assessment committee and
proponent of the hazardous waste facility project cannot
resolve any differences through meetings.
EXISTING LAW:
1) Authorizes DTSC to implement the state and federal
hazardous waste management programs. Among the
requirements, the state hazardous waste control law governs
the procedures for approval of new hazardous waste
facilities, including requiring DTSC to review and make
permit decisions on hazardous waste facility permits.
(Chapter 6.5 within Division 20 of the Health and Safety
Code.)
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2) States the intent of the Legislature that the Director
of DTSC shall secure and maintain authorization for the
state hazardous waste program pursuant to the requirements
of Section 3006 of Public Law 94-580, the Resources
Conservation and Recovery Act (RCRA) of 1976 (42 U.S.C.
6926), and to implement the state program in lieu of the
federal program.
3) Requires the Office, for any proposed hazardous waste
facility project, to do all of the following:
a. Assist in identifying state and local permits
required for the proposed hazardous waste facility
project;
b. Convene meetings, as necessary, prior to the
submittal of applications for permits to state and
local agencies, for the purpose of determining the
scope of the hazardous waste facility project;
c. Assist state and local agencies in
consolidating public meetings and hearings for
approval of the permits for the hazardous waste
facility project;
d. Encourage the joint review and processing of
applications for permits;
e. Work with the applicant and public agencies to
ensure that decision making deadlines are met; and,
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f. Call meetings to resolve questions or mediate
disputes arising from applications for a permit for a
hazardous waste facility project.
4) Requires the proponent of a hazardous waste facility
project to file a notice of intent to make the application
for a land use decision with the Office and the applicable
city or county at least 90 days before filing the
application for a land use decision. Requires the Office
to immediately notify affected state agencies of the notice
of intent. Requires, within 90 days after a notice of
intent is filed with the Office, the Office to convene a
public meeting in the affected city or county to inform the
public on the nature, function, and scope of the proposed
specified hazardous waste facility project and the
procedures that are required for approving applications for
the project.
5) Requires a local agency to notify the Office within 10
days after an application for a land use decision for a
hazardous waste facility project is accepted as complete by
the local agency and within 60 days of receiving this
notice. Requires the Office to convene a meeting of the
lead and responsible agencies for the project, the
proponent, the local assessment committee, and the
interested public.
FISCAL EFFECT: Unknown
COMMENTS:
Need for the bill: According to the author, "this bill is
intended to clear up any possible ambiguity between the Office
of Permit Assistance that was within the Trade and Commerce
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Agency and was dissolved in 2003, with the Governor's Office of
Business and Economic Development (GO-Biz). As a result of the
dissolution of the Office, several references to the Office in
various section of code were not updated and continue to refer
the Office despite the fact that it no longer exists. The
GO-Biz Permit Assistance Unit is now responsible for many of the
duties previously given to the Office of Permit Assistance.
Additionally, the Department of Toxic Substances Control is
statutorily responsible for the permitting of hazardous waste
facilities."
Hazardous waste regulation: Any person who stores, treats or
disposes of hazardous waste as described in the Hazardous Waste
Control Laws (Health and Safety Code, Division 20, Chapter 6.5)
must obtain a permit or a grant of authorization from DTSC. The
RCRA is the federal law that regulates facilities that treat,
store or dispose of hazardous waste. DTSC administers the
federal RCRA program in California. The DTSC is authorized to
issue hazardous waste facility permits (both new facility
permits and permit renewals), and to impose conditions
specifying the types of hazardous waste that may be accepted for
transfer, storage, treatment or disposal in California.
Currently, DTSC processes hazardous waste facility permit
applications for new facilities and for facilities submitting
permit renewal applications. There are approximately 119
permitted hazardous waste facilities, which are mainly legacy
facilities, with very few new facilities submitting permit
applications within the last decade. While DTSC has not been
carrying out the functions for new hazardous waste facility
project currently assigned to the Office, DTSC is required to
review and provide the opportunity for public comment on draft
permit decisions for any new hazardous waste facilities,
therefore the changes proposed within this bill are consistent
with DTSC's current process and procedures for new hazardous
waste facility applications.
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REGISTERED SUPPORT / OPPOSITION:
Support
California Association for Local Economic Development (sponsor)
Opposition
None received
Analysis Prepared by:Josh Tooker / E.S. & T.M. / (916) 319-3965