BILL NUMBER: SB 654	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator De León

                        FEBRUARY 27, 2015

   An act to amend Section 25245 of the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 654, as introduced, De León. Hazardous waste: facility closure.

    (1) Existing law, as part of the hazardous waste control law,
requires the Department of Toxic Substances Control to adopt, and
revise when appropriate, standards and regulations to, among other
things, specify the financial assurances to be provided by an owner
or operator of a hazardous waste facility that are necessary to
provide for the cost of closure and subsequent maintenance of the
facility. A violation of a regulation adopted pursuant to the
hazardous waste control law is a crime.
   This bill would additionally require the standards and regulations
to specify the financial assurances to be provided to respond to the
cost of closure, cleanup, and subsequent maintenance of the
facility. Since a violation of a regulation adopted pursuant to the
hazardous waste control law would be a crime, the bill would impose a
state-mandated local program.
   (2) The 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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25245 of the Health and Safety Code is amended
to read:
   25245.  (a) The department shall adopt, and revise when
appropriate, standards and regulations  which  
that  shall do both of the following:
   (1) Specify the financial assurances to be provided by the owner
or operator of a hazardous waste facility that are necessary to
respond adequately to damage claims arising out of the operation of
that type of facility and to provide for the cost of  closure
  closure, cleanup,  and subsequent maintenance of
the facility, including, but not limited to, the monitoring of
groundwater and other aspects of the environment after closure. If
the facility is required to obtain a permit under the federal act,
the financial assurance shall be a trust fund, surety bond, letter of
credit, insurance, or any other mechanism authorized under the
federal act and the regulations adopted pursuant to the federal act.
If the facility is not required to obtain a permit under the federal
act, the financial assurance may include any other equivalent
financial arrangement acceptable to the department.
   (2) Provide that every hazardous waste facility can be closed and
maintained for at least 30 years subsequent to its closure in a
manner that protects human health and the environment and minimizes
or eliminates the escape of hazardous waste constituents, leachate,
contaminated rainfall, and waste decomposition products to ground and
surface waters and to the atmosphere.
   (b) In adopting regulations pursuant to subdivision (a), to carry
out the purposes of this chapter, the department may specify policy
or other contractual terms, conditions, or defenses  which
  that  are necessary or are unacceptable in
establishing evidence of financial responsibility.
   (1) If an owner or operator is in bankruptcy pursuant to Title 11
of the United States Code, or where, with reasonable diligence,
jurisdiction in any state or federal court cannot be obtained over an
owner or operator likely to be solvent at the time of judgment,
 any   a  claim arising from conduct for
which this section requires evidence of financial responsibility may
be asserted directly against the guarantor who provided the evidence
of financial responsibility.
   (2) The total liability of any guarantor is limited to the
aggregate amount  which   that  the
guarantor has provided as evidence of financial responsibility to the
owner or operator under this chapter.
   (3) This subdivision does not limit any other state or federal
statutory, contractual, or common law liability of a guarantor to the
owner or operator, including, but not limited to, the liability of
the guarantor for bad faith in either negotiating or in failing to
negotiate the settlement of  any   a 
claim.
   (4) This subdivision does not diminish the liability of any person
under Section 107 or 111 of the  federal  Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Secs. 9607 and 9611).
   (5) For purposes of this subdivision, "guarantor" means 
any   a  person, other than the owner or operator,
who provides evidence of financial responsibility for an owner or
operator under this section.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.