BILL NUMBER: SB 673	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Lara

                        FEBRUARY 27, 2015

   An act to amend Section  40001   25187.2 of,
to add Sections 25200.21 and 25200.23 to, and to add and repeal
Article 8.8 (commencing with Section 25199.20) of Chapter 6.5 of
Division 20  of  ,  the Health and Safety Code,
relating to  nonvehicular air pollution.  
hazardous waste. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 673, as amended, Lara.  Air districts: rules and
regulations.   Hazardous waste.  
   (1) The Hazardous Waste Control Law, among other things,
authorizes the Department of Toxic Substances Control to regulate the
generation and disposal of hazardous waste.  
    This bill would establish, until January 1, 2021, the DTSC
Community Oversight Committee within the department and require the
committee to make recommendations to the department to increase
public participation in, and the transparency of, the department's
decisionmaking, and to serve as a resource and liaison for
communities and residents in communication with the department. The
bill would require the department, by July 1, 2018, to adopt
additional criteria, as specified, for use in determining whether to
issue a new hazardous waste facilities permit or a renewal of a
hazardous waste facilities permit, and to develop and implement
programmatic reforms designed to improve the protectiveness,
timeliness, legal defensibility, and enforceability of the department'
s permitting program.  
    (2) Existing law authorizes the Department of Toxic Substances
Control to issue an order under the hazardous waste control laws
requiring that a violation be corrected and imposing a civil penalty
to specified persons, including a person who has violated various
provisions regulating hazardous waste or provisions concerning
removal and remedial actions for hazardous substance releases. A
person who is issued that order is required to pay for oversight of
the removal or remedial action. The existing Carpenter-Presley-Tanner
Hazardous Substance Account Act, authorizes the department to take
or oversee removal and remedial actions related to the release of
hazardous substances.  
   This bill would require a person to pay for oversight of any
corrective action required of the person with respect to hazardous
waste.  
   Existing law requires air pollution control and air quality
management districts to adopt and enforce rules and regulations to
achieve and maintain the state and federal ambient air quality
standards in all areas affected by emissions sources under their
jurisdiction and requires those districts to enforce all applicable
provisions of state and federal law.  
   This bill would make technical, nonsubstantive changes to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 25187.2 of the  
Health and Safety Code   is amended to read: 
   25187.2.  If a  removal or remedial action order issued
pursuant to Section 25187 to a potentially responsible party requires
a  person  is required  to take corrective action
with respect to hazardous waste, that person shall pay for oversight
of the  removal or remedial   corrective 
action. This section does not prohibit the department or unified
program agency from assessing any other penalty or recovering any
costs for oversight of a removal or remedial action, pursuant to any
other provision. Nothing in this section limits the due process
requirements of Section 25187.
   SEC. 2.    Article 8.8 (commencing with Section
25199.20) is added to Chapter 6.5 of Division 20 of the  
Health and Safety Code   , to read: 

      Article 8.8.  DTSC Community Oversight Committee


   25199.20.  (a) There is hereby established in the department, the
DTSC Community Oversight Committee composed of 13 members
representing California residents affected by hazardous waste. The
committee members shall not include representatives from the
department or an entity regulated by the department pursuant to this
chapter.
   (b) Members of the committees shall be appointed as follows:
   (1) Five members appointed by the Secretary for Environmental
Protection.
   (2) Four members appointed by the Senate Committee on Rules.
   (3) Four members appointed by the Speaker of the Assembly.
   (c)  Each member of the committee shall serve at the pleasure of
his or her appointing authority.
   (d) Beginning March 1, 2016, the committee shall meet at least
three times during that year, then quarterly beginning in the 2017
calendar year.
   (e) The committee shall do both of the following:
   (1) Make recommendations for changes in policies, procedures, and
standards of the department to increase public participation in, and
the transparency of, the department's decisionmaking, including
providing input to the director on ways to improve the department's
permitting of hazardous waste facilities and enforcement actions,
particularly with regard to public participation and in communities
identified pursuant to Section 39711 that are burdened by multiple
sources of pollution.
   (2) Serve as a resource and liaison for communities and residents
in communication with the department, including reviewing the
department's current efforts and providing input to the director on
ways to improve the department's outreach to, and communication with,
communities and stakeholders, to increase public participation in,
and the transparency of, the department's permitting process.
   (f) The department shall provide the committee with appropriate
per diem compensation consistent with Section 19822.5 of the
Government Code.
   25199.21.   This article shall remain in effect only until January
1, 2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date. 
   SEC. 3.    Section 25200.21 is added to the 
 Health and Safety Code   , to read:  
   25200.21.  On or before January 1, 2018, the department shall
adopt regulations establishing additional criteria that the
department shall use to determine whether to issue a new permit or a
renewal of a permit pursuant to this article. These criteria shall
include, but are not limited to, all of the following:
   (a) Number and types of past violations that will result in a
denial.
   (b) The vulnerability of, and existing health risks to, nearby
populations. Vulnerability shall be assessed using the
CalEnviroScreen tool, local and regional health risk assessments, the
region's federal Clean Air Act attainment status, and other
indicators of community vulnerability, cumulative impact, and
potential risks to health and well-being.
   (c) Minimum setback distances from sensitive receptors, such as
schools, child care facilities, residences, hospitals, elder care
facilities, and other sensitive locations.
   (d) Evidence of financial responsibility, qualifications of
ownership, and continuity of ownership and operation.
   (e) Provision of financial assurances pursuant to Section 25200.1.

   (f) Training of personnel in the safety culture and plans,
emergency plans, and maintenance of operations. 
   SEC. 4.    Section 25200.23 is added to the 
 Health and Safety Code   , to read:  
   25200.23.  On or before July 1, 2018, the department shall develop
and implement programmatic reforms designed to improve the
protectiveness, timeliness, legal defensibility, and enforceability
of the department's permitting program, including strengthening
environmental justice safeguards, enhancing enforcement of public
health protections, and increasing public participation and outreach
activities. In accomplishing these reforms, the department shall do
all of the following:
   (a) Establish transparent standards and procedures for permitting
decisions, including those that are applicable to permit revocation
and denial.
   (b) Establish terms and conditions on permits to better protect
public health and the environment, including in imminent and
substantial endangerment situations.
   (c) Employ consistent procedures for reviewing permit
applications, integrating public input into those procedures, and
making timely permit decisions.
   (d) Enhance public involvement using procedures that provide for
early identification and integration of public concerns into
permitting decisions, including concerns of communities identified
pursuant to Section 39711.  
  SECTION 1.    Section 40001 of the Health and
Safety Code is amended to read:
   40001.  (a)  Subject to the powers and duties of the state board,
the districts shall adopt and enforce rules and regulations to
achieve and maintain the state and federal ambient air quality
standards in all areas affected by emission sources under their
jurisdiction, and shall enforce all applicable provisions of state
and federal law.
   (b)  The district rules and regulations may, and at the request of
the state board shall, provide for the prevention and abatement of
air pollution episodes that, at intervals, cause discomfort or health
risks to, or damage to the property of, a significant number of
persons or class of persons.
   (c)  Prior to adopting a rule or regulation to reduce criteria
pollutants, a district shall determine that there is a problem that
the proposed rule or regulation will alleviate and that the rule or
regulation will promote the attainment or maintenance of state or
federal ambient air quality standards.
   (d)  (1)  The district rules and regulations shall include a
process to approve alternative methods of complying with emission
control requirements that provide equivalent emission reductions,
emissions monitoring, or recordkeeping.
   (2)  A district shall allow the implementation of alternative
methods of emission reduction, emissions monitoring, or recordkeeping
if a facility demonstrates to the satisfaction of the district that
those alternative methods will provide equivalent performance. An
alternative method of emission reduction, emissions monitoring, or
recordkeeping proposed by the facility shall not violate other
provisions of law.
   (3)  If a district rule specifies an emission limit for a facility
or system, the district shall not set operational or effectiveness
requirements for any specific emission control equipment operating on
a facility or system under that limit. An alternative method of
emission reduction, emissions monitoring, or recordkeeping proposed
by the facility shall include the necessary operational and
effectiveness measurement elements that can be included as permit
conditions by the district to ensure compliance with, and enforcement
of, the equivalent performance requirements of paragraphs (1) and
(2). Nothing in this subdivision limits the district's authority to
inspect a facility's equipment or records to ensure operational
compliance. This paragraph shall apply to existing rules and
facilities operating under those rules.