Amended in Senate May 5, 2015

Amended in Senate April 6, 2015

Senate BillNo. 673


Introduced by Senator Lara

February 27, 2015


An act to amend Section 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 hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 673, as amended, Lara. 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 DTSCbegin delete Community Oversightend deletebegin insert California Communitiesend insert 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’sbegin delete decisionmaking, and to serve as a resource and liaison for communities and residents in communication with the department.end deletebegin insert decisionmaking.end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 25187.2 of the Health and Safety Code
2 is amended to read:

3

25187.2.  

If a person is required to take corrective action with
4respect to hazardous waste, that person shall pay for oversight of
5the corrective action. This section does not prohibit the department
6or unified program agency from assessing any other penalty or
7recovering any costs for oversight of a removal or remedial action,
8pursuant to any other provision. Nothing in this section limits the
9due process requirements of Section 25187.

10

SEC. 2.  

Article 8.8 (commencing with Section 25199.20) is
11added to Chapter 6.5 of Division 20 of the Health and Safety Code,
12to read:

13 

14Article 8.8.  DTSCbegin delete Community Oversightend deletebegin insert California
15Communitiesend insert
Committee
16

 

17

25199.20.  

(a) There is hereby established in the department,
18the DTSCbegin delete Community Oversightend deletebegin insert California Communitiesend insert
19 Committee composed of 13 members representing California
20residents affected by hazardous waste. The committee members
21shall not include representatives from the department or an entity
22regulated by the department pursuant to this chapter.

P3    1(b) Members of the committees shall be appointed as follows:

2(1) Five members appointed by the Secretary for Environmental
3begin delete Protection.end deletebegin insert Protection, including a designated chair of the
4committee.end insert

5(2) Four members appointed by the Senate Committee on Rules.

6(3) Four members appointed by the Speaker of the Assembly.

7(c)  Each member of the committee shall serve at the pleasure
8of his or her appointing authority.

9(d) Beginning March 1, 2016, the committee shall meetbegin insert with
10the Secretary for Environmental Protection or his or her
11representative, the director, and department staffend insert
at least three
12times during that year, then quarterly beginning in the 2017
13calendarbegin delete year.end deletebegin insert year on a schedule as agreed upon by the committee
14and the director.end insert

15(e) The committee shall do both of the following:

begin insert

16(1) Provide information on the concerns of individual
17communities impacted by the department’s hazardous waste
18permitting, enforcement, or remediation activities, and provide
19input on outreach activities to increase public participation in
20those communities.

end insert
begin delete

21(1)

end delete

22begin insert(2)end insert Make recommendations for changes in policies, procedures,
23and standards of the department to increase public participation
24in, and the transparency of, the department’s decisionmaking,
25including providing input to the director on ways to improve the
26department’s permitting of hazardous waste facilities and
27enforcementbegin insert and remedialend insert actions, particularly with regard to
28public participation and in communities identified pursuant to
29Section 39711 that are burdened by multiple sources of pollution.

begin delete

30(2) Serve as a resource and liaison for communities and residents
31in communication with the department, including reviewing the
32department’s current efforts and providing input to the director on
33ways to improve the department’s outreach to, and communication
34with, communities and stakeholders, to increase public participation
35in, and the transparency of, the department’s permitting process.

end delete
begin insert

36(f) The committee shall, 30 days prior to each meeting, provide
37the director with an agenda outlining the topics to be discussed
38at the meeting.

end insert
begin insert

39(g) Upon receipt of the agenda, the department shall post the
40agenda on its Internet Web site.

end insert
begin insert

P4    1(h) The department shall provide appropriate meeting space
2for meetings of the committee.

end insert
begin insert

3(i) Meetings of the committee shall be open to the public and
4are subject to the Bagley-Keene Open Meeting Act (Article 9
5(commencing with Section 11120) of Chapter 1 of Part 1 of
6Division 3 of Title 2 of the Government Code).

end insert
begin delete

7(f)

end delete

8begin insert(j)end insert The department shall provide the committee with appropriate
9per diem compensation consistent with Section 19822.5 of the
10Government Code.

11

25199.21.  

This article shall remain in effect only until January
121, 2021, and as of that date is repealed, unless a later enacted
13statute, that is enacted before January 1, 2021, deletes or extends
14that date.

15

SEC. 3.  

Section 25200.21 is added to the Health and Safety
16Code
, to read:

17

25200.21.  

On or before January 1, 2018, the department shall
18adopt regulations establishing additional criteria that the department
19shall use to determine whether to issue a new permit or a renewal
20of a permit pursuant to this article. These criteria shall include, but
21are not limited to, all of the following:

22(a) Number and types of past violations that will result in a
23denial.

24(b) The vulnerability of, and existing health risks to, nearby
25populations. Vulnerability shall be assessed using the
26CalEnviroScreen tool, local and regional health risk assessments,
27the region’s federal Clean Air Act attainment status, and other
28indicators of community vulnerability, cumulative impact, and
29potential risks to health and well-being.

30(c) Minimum setback distances from sensitive receptors, such
31as schools, child care facilities, residences, hospitals, elder care
32facilities, and other sensitive locations.

33(d) Evidence of financial responsibility, qualifications of
34ownership, and continuity of ownership and operation.

35(e) Provision of financial assurances pursuant to Section
3625200.1.

37(f) Training of personnel in the safety culture and plans,
38emergency plans, and maintenance of operations.

39

SEC. 4.  

Section 25200.23 is added to the Health and Safety
40Code
, to read:

P5    1

25200.23.  

On or before July 1, 2018, the department shall
2develop and implement programmatic reforms designed to improve
3the protectiveness, timeliness, legal defensibility, and enforceability
4of the department’s permitting program, including strengthening
5environmental justice safeguards, enhancing enforcement of public
6health protections, and increasing public participation and outreach
7activities. In accomplishing these reforms, the department shall
8do all of the following:

9(a) Establish transparent standards and procedures for permitting
10decisions, including those that are applicable to permit revocation
11and denial.

12(b) Establish terms and conditions on permits to better protect
13public health and the environment, including in imminent and
14substantial endangerment situations.

15(c) Employ consistent procedures for reviewing permit
16applications, integrating public input into those procedures, and
17making timely permit decisions.

18(d) Enhance public involvement using procedures that provide
19for early identification and integration of public concerns into
20permitting decisions, including concerns of communities identified
21pursuant to Section 39711.



O

    97