BILL NUMBER: SB 1107	CHAPTERED
	BILL TEXT

	CHAPTER   635
	FILED WITH SECRETARY OF STATE   OCTOBER 5, 1995
	APPROVED BY GOVERNOR   OCTOBER 4, 1995
	PASSED THE SENATE   SEPTEMBER 15, 1995
	PASSED THE ASSEMBLY   SEPTEMBER 14, 1995
	AMENDED IN ASSEMBLY   SEPTEMBER 12, 1995
	AMENDED IN ASSEMBLY   AUGUST 24, 1995
	AMENDED IN SENATE   APRIL 5, 1995

INTRODUCED BY  Senator Leslie

                        FEBRUARY 24, 1995

   An act to amend Section 25404.5 of the Health and Safety Code,
relating to hazardous materials, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1107, Leslie.  Unified program agencies.
   (1) Existing law requires the Secretary for Environmental
Protection, by January 1, 1996, to adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program.  A city or local agency which meets
specified requirements is authorized to apply to the secretary to
implement the unified program and every county, by January 1, 1996,
is required to apply to the secretary to be certified to implement
the unified program.  Each certified unified program agency is
required to institute a single fee system and the fee is required to
include a surcharge, the amount of which the secretary is required to
determine and adjust, to cover the necessary and reasonable costs of
state agencies in carrying out the unified program.
   This bill would permit the secretary to waive the requirement that
a county impose the surcharge if the county applies to the
secretary, on or before January 1, 1996, to be certified as a unified
program agency, as provided, and the secretary makes specified
findings regarding the assessment of the surcharge.  The bill would
require the secretary to take specified actions with respect to the
grant or denial of those waivers within 30 days from the date of
certification of the counties applying and qualifying for a waiver.
The bill would further permit the secretary to terminate a county's
waiver of the surcharge upon a determination that specified criteria
for the grant of the waiver are no longer met.
   (2) The bill would incorporate changes proposed to Section 25404.5
of the Health and Safety Code proposed by this bill and by SB 1191,
which would take effect on January 1, 1996, only if both bills are
enacted, and this bill is enacted last.
  (3) The bill would declare that it is to take effect immediately as
an urgency statute.


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


  SECTION 1.  Section 25404.5 of the Health and Safety Code is
amended to read:
   25404.5.  (a) (1) Each certified unified program agency shall
institute a single fee system, which shall replace the fees levied
pursuant to Section 25205.14 on hazardous waste generators
conditionally authorized to conduct treatment pursuant to Section
25200.3, conditionally exempted pursuant to subdivision (a) or (c) of
Section 25201.5, and facilities deemed to hold a permit-by-rule
pursuant to the regulations adopted by the Department of Toxic
Substances Control, and which shall also replace any fees levied by a
local agency pursuant to Sections 25143.10, 25287, 25513, and
25535.2, or any other fee levied by a local agency specifically to
fund the implementation of the provisions specified in subdivision
(c) of Section 25404.  Notwithstanding Sections 25143.10, 25205.14,
25287, 25513, and 25535.2, a person who complies with the certified
unified program agency's "single fee system" fee shall not be
required to pay any fee levied pursuant to those sections.
   (2) The governing body of the certified unified program agency
shall establish the amount to be paid by each person regulated by the
unified program under the single fee system at a level sufficient to
pay the necessary and reasonable costs incurred by the certified
unified program agency and by any participating agency pursuant to
the requirements of paragraph (4) of subdivision (d) of Section
25404.3.
   (3) The fee system may also be designed to recover the necessary
and reasonable costs incurred by the certified unified program
agency, or a participating agency pursuant to the requirements of
paragraph (4) of subdivision (d) of Section 25404.3, in administering
provisions other than those specified in subdivision (c) of Section
25404, if the implementation and enforcement of those provisions has
been incorporated as part of the unified program by the certified
unified program agency pursuant to subdivision (c) of Section
25404.2, and if the single fee system replaces any fees levied as of
January 1, 1994, to fund the implementation of those additional
provisions.
   (4) The amount to be paid by a person regulated by the unified
program may be adjusted to account for the differing costs of
administering the unified program with respect to that person's
regulated activities.
   (b) Except as provided in subdivision (d), the single fee system
instituted by each certified unified program agency shall include an
assessment on each person regulated by the unified program of a
surcharge, the amount of which shall be determined by the secretary
annually, to cover the necessary and reasonable costs of state
agencies in carrying out their responsibilities under this chapter.
The secretary may adjust the amount of the surcharge to be collected
by different certified unified program agencies to reflect the
different costs incurred by the state in supervising the
implementation of the unified program in different jurisdictions, and
in supervising the implementation of the unified program in those
jurisdictions for which the secretary has waived the assessment of
the surcharge pursuant to subdivision (d).  The certified unified
program agency may itemize the amount of the surcharge on any bill,
invoice, or return which the agency sends to a person regulated by
the unified program.  Each certified unified program agency shall
transmit all surcharge revenues collected to the secretary within 45
days after receipt of the revenues pursuant to subdivision (a).  The
surcharge shall be deposited in the Unified Program Account, which is
hereby created in the General Fund and which may be expended, upon
appropriation by the Legislature, to any state agency for the
purposes of implementing this chapter.
   (c) Each certified unified program agency and the secretary shall,
before the institution of the single fee system and the assessment
of the surcharge, implement a fee accountability program designed to
encourage more efficient and cost-effective operation of the program
for which the single fee and surcharge are assessed.  The fee
accountability programs shall include those elements of the
requirements of the plan adopted pursuant to Section 25206 which the
secretary determines are appropriate.
   (d) The secretary may waive the requirement for a county to assess
a surcharge pursuant to subdivision (b), if both of the following
conditions apply:
   (1) The county meets all of the following conditions:
   (A) The county submits an application to the secretary for
certification on or before January 1, 1996, that incorporates all of
the requirements of this chapter, and includes the county's request
for a waiver of the surcharge, and contains documentation that
demonstrates, to the satisfaction of the secretary, both of the
following:
   (i) That the assessment of the surcharge will impose a significant
economic burden on most businesses within the county.
   (ii) That the combined dollar amount of the surcharge and the
single fee system to be assessed by the county pursuant to
subdivision (a) exceeds the combined dollar amount of all existing
fees that are replaced by the single fee system for most businesses
within the county.
   (B) The application for certification, including the information
required by subparagraph (A), is determined by the secretary to be
complete, on or before April 30, 1996.  The secretary, for good
cause, may grant an extension of that deadline of up to 90 days.
   (C) The county is certified by the secretary on or before December
31, 1996.
   (D) On or before January 1, 1994, the county completed the
consolidation of the administration of the hazardous waste generator
program, the hazardous materials release response plans and
inventories program, and the underground storage tank program,
referenced in paragraphs (1), (3), and (4) of subdivision (c) of
Section 25404, into a single program within the county's
jurisdiction.
   (E) The county demonstrates that it will consolidate the
administration of all programs specified in subdivision (c) of
Section 25404, and that it will also consolidate the administration
of at least one additional program which regulates hazardous waste,
hazardous substances, or hazardous materials, as specified in
subdivision (d) of Section 25404.2, other than the programs specified
in subdivision (c) of Section 25404, into a single program to be
administered by a single agency in the county's jurisdiction at the
time that the county's certification by the secretary becomes
effective,
   (2) The secretary makes all of the following findings:
   (A) The county meets all of the criteria specified in paragraph
(1).
   (B) The assessment of the surcharge would impose a significant
economic burden on most businesses within the county.
   (C) The combined dollar amount of the surcharge and the single fee
system to be assessed by the county pursuant to subdivision (a)
would exceed the combined dollar amount of all existing fees that are
replaced by the single fee system for most businesses within the
county.
   (D) The waiver of the surcharge for those counties applying and
qualifying for a waiver, and the resulting increase in the surcharge
for other counties, would not, when considered cumulatively, impose a
significant economic burden on businesses in any other county which
does not apply for, or does not meet the criteria for, a waiver of
the surcharge.
   (e) The secretary shall review all of the requests for a waiver of
the surcharge made pursuant to subdivision (d) simultaneously, so as
to adequately assess the cumulative impact of granting the requested
waivers on businesses in those counties that have not applied, or do
not qualify, for a waiver, and shall grant or deny all requests for
a waiver of the surcharge within 30 days from the date that the
secretary certifies all the counties applying, and qualifying, for a
waiver.  If the secretary finds that the grant of a waiver of the
surcharge for all counties applying and qualifying for the waiver
will impose a significant economic burden on businesses in one or
more other counties, the secretary shall take either of the following
actions:
   (1) Deny all of the applications for a waiver of the surcharge.
   (2) Approve only a portion of the waiver requests for counties
meeting the criteria set forth in subdivision (d), to the extent that
the approved waivers, when taken as a whole, meet the condition
specified in subparagraph (D) of paragraph (2) of subdivision (d).
In determining which of the counties' waiver requests to grant, the
secretary shall consider all of the following factors:
   (A) The relative degree to which the assessment of the surcharge
will impose a significant economic burden on most businesses within
each county applying and qualifying for a waiver.
   (B) The relative degree to which the combined dollar amount of the
surcharge and the single fee system to be assessed, pursuant to
subdivision (a), by each county applying and qualifying for a waiver
exceeds the combined dollar amount of all existing fees which are
replaced by the single fee system for most businesses within the
county.
   (C) The relative extent to which each county applying for and
qualifying for a waiver has incorporated, or will incorporate, upon
certification, additional programs pursuant to subdivision (d) of
Section 25404.2, into the unified program within the county's
jurisdiction.
   (f) The secretary may, at any time, terminate a county's waiver of
the surcharge granted pursuant to subdivisions (d) and (e) if the
secretary determines that the criteria specified in subdivision (d)
for the grant of a waiver are no longer met.
  SEC. 2.  Section 25404.5 of the Health and Safety Code is amended
to read:
   25404.5.  (a) (1) Each certified unified program agency shall
institute a single fee system, which shall replace the fees levied
pursuant to Section 25205.14 , and which shall also replace any fees
levied by a local agency pursuant to Sections 25143.10, 25287, 25513,
and 25535.2, or any other fee levied by a local agency specifically
to fund the implementation of the provisions specified in subdivision
(c) of Section 25404.  Notwithstanding Sections 25143.10, 25205.14,
25287, 25513, and 25535.2, a person who complies with the certified
unified program agency's "single fee system" fee shall not be
required to pay any fee levied pursuant to those sections.
   (2) The governing body of the certified unified program agency
shall establish the amount to be paid by each person regulated by the
unified program under the single fee system at a level sufficient to
pay the necessary and reasonable costs incurred by the certified
unified program agency and by any participating agency pursuant to
the requirements of subparagraph (E) of paragraph (1) of subdivision
(d) of Section 25404.3.
   (3) The fee system may also be designed to recover the necessary
and reasonable costs incurred by the certified unified program
agency, or a participating agency pursuant to the requirements of
subparagraph (E) of paragraph (1) of subdivision (d) of Section
25404.3, in administering provisions other than those specified in
subdivision (c) of Section 25404, if the implementation and
enforcement of those provisions has been incorporated as part of the
unified program by the certified unified program agency pursuant to
subdivision (d) of Section 25404.2, and if the single fee system
replaces any fees levied as of January 1, 1994, to fund the
implementation of those additional provisions.
   (4) The amount to be paid by a person regulated by the unified
program may be adjusted to account for the differing costs of
administering the unified program with respect to that person's
regulated activities.
   (b) Except as provided in subdivision (d), the single fee system
instituted by each certified unified program agency shall include an
assessment on each person regulated by the unified program of a
surcharge, the amount of which shall be determined by the secretary
annually, to cover the necessary and reasonable costs of state
agencies in carrying out their responsibilities under this chapter.
The secretary may adjust the amount of the surcharge to be collected
by different certified unified program agencies to reflect the
different costs incurred by the state in supervising the
implementation of the unified program in different jurisdictions, and
in supervising the implementation of the unified program in those
jurisdictions for which the secretary has waived the assessment of
the surcharge pursuant to subdivision (d).  The certified unified
program agency may itemize the amount of the surcharge on any bill,
invoice, or return which the agency sends to a person regulated by
the unified program.  Each certified unified program agency shall
transmit all surcharge revenues collected to the secretary on a
quarterly basis.  The surcharge shall be deposited in the Unified
Program Account, which is hereby created in the General Fund and
which may be expended, upon appropriation by the Legislature, to any
state agency for the purposes of implementing this chapter.
   (c) Each certified unified program agency and the secretary shall,
before the institution of the single fee system and the assessment
of the surcharge, implement a fee accountability program designed to
encourage more efficient and cost-effective operation of the program
for which the single fee and surcharge are assessed.  The fee
accountability programs shall include those elements of the
requirements of the plan adopted pursuant to Section 25206 which the
secretary determines are appropriate.
   (d) The secretary may waive the requirement for a county to assess
a surcharge pursuant to subdivision (b), if both of the following
conditions apply:
   (1) The county meets all of the following conditions:
   (A) The county submits an application to the secretary for
certification on or before January 1, 1996, that incorporates all of
the requirements of this chapter, and includes the county's request
for a waiver of the surcharge, and contains documentation that
demonstrates, to the satisfaction of the secretary, both of the
following:
   (i) That the assessment of the surcharge will impose a significant
economic burden on most businesses within the county.
   (ii) That the combined dollar amount of the surcharge and the
single fee system to be assessed by the county pursuant to
subdivision (a) exceeds the combined dollar amount of all existing
fees that are replaced by the single fee system for most businesses
within the county.
   (B) The application for certification, including the information
required by subparagraph (A), is determined by the secretary to be
complete, on or before April 30, 1996.  The secretary, for good
cause, may grant an extension of that deadline of up to 90 days.
   (C) The county is certified by the secretary on or before December
31, 1996.
   (D) On or before January 1, 1994, the county completed the
consolidation of the administration of the hazardous waste generator
program, the hazardous materials release response plans and
inventories program, and the underground storage tank program,
referenced in paragraphs (1), (3), and (4) of subdivision (c) of
Section 25404, into a single program within the county's
jurisdiction.
   (E) The county demonstrates that it will consolidate the
administration of all programs specified in subdivision (c) of
Section 25404, and that it will also consolidate the administration
of at least one additional program which regulates hazardous waste,
hazardous substances, or hazardous materials, as specified in
subdivision (d) of Section 25404.2, other than the programs specified
in subdivision (c) of Section 25404, into a single program to be
administered by a single agency in the county's jurisdiction at the
time the county's certification by the secretary becomes effective.
   (2) The secretary makes all of the following findings:
   (A) The county meets all of the criteria specified in paragraph
(1).
   (B) The assessment of the surcharge would impose a significant
economic burden on most businesses within the county.
   (C) The combined dollar amount of the surcharge and the single fee
system to be assessed by the county pursuant to subdivision (a)
would exceed the combined dollar amount of all existing fees that are
replaced by the single fee system for most businesses within the
county.
   (D) The waiver of the surcharge for those counties applying and
qualifying for a waiver, and the resulting increase in the surcharge
for other counties, would not, when considered cumulatively, impose a
significant economic burden on businesses in any other county which
does not apply for, or does not meet the criteria for, a waiver of
the surcharge.
   (e) The secretary shall review all of the requests for a waiver of
the surcharge made pursuant to subdivision (d) simultaneously, so as
to adequately assess the cumulative impact of granting the requested
waivers on businesses in those counties that have not applied, or do
not qualify, for a waiver, and shall grant or deny all requests for
a waiver of the surcharge within 30 days from the date that the
secretary certifies all the counties applying, and qualifying, for a
waiver.  If the secretary finds that the grant of a waiver of the
surcharge for all counties applying and qualifying for the waiver
will impose a significant economic burden on businesses in one or
more other counties, the secretary shall take either of the following
actions:
   (1) Deny all of the applications for a waiver of the surcharge.
   (2) Approve only a portion of the waiver requests for counties
meeting the criteria set forth in subdivision (d), to the extent that
the approved waivers, when taken as a whole, meet the condition
specified in subparagraph (D) of paragraph (2) of subdivision (d).
In determining which of the counties' waiver requests to grant, the
secretary shall consider all of the following factors:
   (A) The relative degree to which the assessment of the surcharge
will impose a significant economic burden on most businesses within
each county applying and qualifying for a waiver.
   (B) The relative degree to which the combined dollar amount of the
surcharge and the single fee system to be assessed, pursuant to
subdivision (a), by each county applying and qualifying for a waiver
exceeds the combined dollar amount of all existing fees which are
replaced by the single fee system for most businesses within the
county.
   (C) The relative extent to which each county applying for and
qualifying for a waiver has incorporated, or will incorporate, upon
certification, additional programs pursuant to subdivision (d) of
Section 25404.2, into the unified program within the county's
jurisdiction.
   (f) The secretary may, at any time, terminate a county's waiver of
the surcharge granted pursuant to subdivisions (d) and (e) if the
secretary determines that the criteria specified in subdivision (d)
for the grant of a waiver are no longer met.
  SEC. 3.  Section 2 of this bill incorporates amendments to Section
25404.5 of the Health and Safety Code proposed by both this bill and
SB 1191.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1996, but this
bill becomes operative first, (2) each bill amends Section 25404.5 of
the Health and Safety Code, and (3) this bill is enacted after SB
1191, in which case Section 25404.5 of the Health and Safety Code, as
amended by Section 1 of this bill, shall remain operative only until
the operative date of SB 1191, at which time Section 2 of this bill
shall become operative.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide local agencies with sufficient authority to
enforce the laws regulating hazardous materials, thereby protecting
public health and safety, it is necessary that this act take effect
immediately.