Amended in Assembly August 11, 2016

Amended in Assembly September 2, 2015

Amended in Senate June 2, 2015

Amended in Senate April 21, 2015

Senate Bill No. 654

Introduced by Senator begin delete De León end delete begin insert Jackson end insert

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(Coauthors: Senators Hancock, Leyva, and Wolk)

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(Coauthors: Assembly Members Atkins, Bonilla, Burke, Campos, Cristina Garcia, Gonzalez, and Lopez)

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February 27, 2015

begin delete An act to amend Section 25200 of the Health and Safety Code, relating to hazardous waste. end delete begin insert An act to add Section 12945.6 to the Government Code, relating to employment. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 654, as amended, begin delete De León end delete   begin insert Jackson end insert . begin delete Hazardous waste: facilities permitting. end delete begin insert Unlawful employment practice: parental leave. end insert

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Existing law prohibits an employer from refusing to allow a female employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable time of up to 4 months before returning to work. Existing law also prohibits an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes that leave, as specified.

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This bill would prohibit an employer, as defined, from refusing, as specified, to allow an employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. The bill would also prohibit an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes this leave.

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(1) Existing law, as part of the hazardous waste control law, requires facilities handling hazardous waste to obtain a permit from the Department of Toxic Substances Control. Existing law requires an owner or operator of a facility intending to renew the facility’s permit to submit a complete Part A application for a permit renewal prior to the expiration of the permit. Existing law requires the owner or operator to submit a complete Part B application when requested by the department. Existing law requires the department to issue a permit if the facility meets specified requirements. A violation of the hazardous waste control law is a crime.

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This bill would instead require the owner or operator of a facility to submit complete Part A and Part B applications for a permit renewal at least 2 years prior to the expiration date of the permit. The bill would provide that, when a complete renewal application has been submitted before the end of a permit’s fixed term, the permit shall be deemed extended for a period not to exceed 36 months until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal. The bill would specify alternative timelines and rules relating to renewal for permits that expire before January 1, 2019. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.

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(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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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This act shall be known, and may be referred to,
as the New Parent Leave Act.

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begin insert SEC. 2. end insert   

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begin insert Section 12945.6 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

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begin insert 12945.6. end insert   

(a) It shall be an unlawful employment practice for
an employer to do either of the following:

(1) Refuse to allow an employee with more than 12 months of
service with the employer, and who has at least 1,250 hours of
service with the employer during the previous 12-month period,
upon request, to take up to 12 weeks of parental leave to bond with
a new child within one year of the child’s birth, adoption, or foster
care placement. If, on or before the commencement of this parental
leave, the employer does not provide a guarantee of employment
in the same or a comparable position upon the termination of the
leave, the employer shall be deemed to have refused to allow the
leave. The employee shall be entitled to utilize accrued vacation
pay, paid sick time, other accrued paid time off, or other paid or
unpaid time off negotiated with the employer, during the period
of parental leave.

(2) Refuse to maintain and pay for coverage for an eligible
employee who takes parental leave pursuant to this section under
a group health plan, as defined in Section 5000(b)(1) of the Internal
Revenue Code of 1986, for the duration of the leave, not to exceed
12 weeks over the course of a 12-month period, commencing on
the date that the parental leave commences, at the level and under
the conditions that coverage would have been provided if the
employee had continued to work in his or her position for the
duration of the leave.

(b) Parental leave pursuant to this section shall run concurrently
with leave taken pursuant to Section 12945.2 and the federal
Family and Medical Leave Act of 1993 (Public Law 103-3), except
for leave taken for a disability on account of pregnancy, childbirth,
or related medical condition. The aggregate amount of leave taken
pursuant to this section, Section 12945.2, or the federal Family
and Medical Leave Act of 1993, or any combination of these laws,
except for leave taken for a disability on account of pregnancy,
childbirth, or related medical conditions, shall not exceed 12
workweeks in a 12-month period.

(c) An employee is entitled to take, in addition to the leave
provided pursuant to this section, Section 12945.2, and the federal
Family and Medical Leave Act of 1993, leave provided pursuant
to Section 12945 if the employee is otherwise qualified for that
leave.

(d) For purposes of this section, “employer” means either of
the following:

(1) A person who directly employs 10 or more persons to
perform services for a wage or salary.

(2) The state, and any political or civil subdivision of the state,
and cities, except for a school district, county office of education,
or a community college district.

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SECTION 1.  

Section 25200 of the Health and Safety Code is
amended to read:

25200.  

(a) The department shall issue hazardous waste
facilities permits to use and operate one or more hazardous waste
management units at a facility that in the judgment of the
department meet the building standards published in the State
Building Standards Code relating to hazardous waste facilities and
the other standards and requirements adopted pursuant to this
chapter. The department shall impose conditions on each hazardous
waste facilities permit specifying the types of hazardous wastes
that may be accepted for transfer, storage, treatment, or disposal.
The department may impose any other conditions on a hazardous
waste facilities permit that are consistent with the intent of this
chapter.

(b) The department may impose, as a condition of a hazardous
waste facilities permit, a requirement that the owner or operator
of a hazardous waste facility that receives hazardous waste from
more than one producer comply with any order of the director that
prohibits the facility operator from refusing to accept a hazardous
waste based on geographical origin that is authorized to be accepted
and may be accepted by the facility without extraordinary hazard.

(c) (1) (A) A hazardous waste facilities permit issued by the
department shall be for a fixed term, which shall not exceed 10
years for any land disposal facility, storage facility, incinerator,
or other treatment facility.

(B) (i) The owner or operator of a facility intending to extend
the term of the facility’s permit shall submit complete Part A and
Part B applications for a permit renewal at least two years prior to
the expiration date of the permit. Any other relevant information
shall be submitted as and when requested by the department. A
copy of an application for a permit renewal shall also be submitted
to the independent review panel established within the department
pursuant to Section 57014.

(ii) Notwithstanding clause (i), the owner or operator of a facility
intending to extend the term of a permit that expires before January
1, 2018, shall submit complete Part A and Part B applications for
a permit renewal before January 1, 2018.

(C) (i) To the extent not inconsistent with the federal act, when
an owner or operator satisfies clause (ii) of subparagraph (B), or
a complete renewal application, and any other requested
information, has been submitted before the end of a permit’s fixed
term, the permit shall be deemed extended until the renewal
application is approved or denied and the owner or operator has
exhausted all applicable rights of appeal, except that this extension
shall not exceed 36 months.

(ii) Notwithstanding clause (i), for a facility with a permit that
expires before January 1, 2016, and for which an application for
a permit renewal has been submitted before January 1, 2016, the
permit shall be deemed extended until the renewal application is
approved or denied and the owner or operator has exhausted all
applicable rights of appeal, except that this extension shall not
extend beyond December 31, 2018.

(D) This section does not limit or restrict the department’s
authority to impose any additional or different conditions on an
extended permit that are necessary to protect human health and
the environment.

(E) In adopting new conditions for an extended permit, the
department shall follow the applicable permit modification
procedures specified in this chapter and the regulations adopted
pursuant to this chapter.

(F) When prioritizing pending renewal applications for
processing and in determining the need for any new conditions on
an extended permit, the department shall consider any input
received from the public.

(2) The department shall review each hazardous waste facilities
permit for a land disposal facility five years after the date of
issuance or reissuance, and shall modify the permit, as necessary,
to ensure that the facility continues to comply with the currently
applicable requirements of this chapter and the regulations adopted
pursuant to this chapter.

(3) This subdivision does not prohibit the department from
reviewing, modifying, or revoking a permit at any time during its
term.

(d) (1) When reviewing an application for a permit renewal,
the department shall consider improvements in the state of control
and measurement technology as well as changes in applicable
regulations.

(2) Each permit issued or renewed under this section shall
contain the terms and conditions that the department determines
necessary to protect human health and the environment.

(e) A permit issued pursuant to the federal act by the
Environmental Protection Agency in the state for which no state
hazardous waste facilities permit has been issued shall be deemed
to be a state permit enforceable by the department until a state
permit is issued. In addition to complying with the terms and
conditions specified in a federal permit deemed to be a state permit
pursuant to this section, an owner or operator who holds that permit
shall comply with the requirements of this chapter and the
regulations adopted by the department to implement this chapter.

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.

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