SB 712,
as amended, Lara. begin deleteElections: write-in candidates. end deletebegin insertHazardous waste facility: permitting: interim status.end insert
Existing law requires the facilities handling hazardous waste to obtain a permit from the Department of Toxic Substances Control. Existing law authorizes a hazardous waste facility in existence on a specified date or on the effective date of any statute or regulation that subjects the facility to the hazardous waste permitting requirements to continue to operate under a grant of interim status pending the review and decision of the department on the permit application.
end insertbegin insertThis bill would require the department, on or before July 1, 2015, to take final action on an application for a hazardous waste facilities permit that is submitted by a facility operating under a grant of interim status on or before January 1, 1986, by either issuing a final permit or a final denial of the application. The bill would terminate the grant of interim status for such a facility on July 1, 2015, or on the date on which the department takes final action on the application, whichever is earlier. For other facilities granted interim status, the bill would terminate that status, as specified.
end insertExisting law provides for the name of a person written in on a ballot for a voter-nominated office at a direct primary election to be placed on the general election ballot as a candidate for that office if the person received, at the direct primary election, the highest number of votes cast for the office or the second highest number of votes cast for the office, except as provided.
end deleteThis bill would require that a write-in candidate for a voter-nominated office, in addition to being one of the top two vote-getters, receive votes at the direct primary election equal in number to at least 1% of all votes cast for the office at the last preceding general election at which the office was filled in order for his or her name to be placed on the general election ballot as a candidate for that office. The bill also would make clarifying and conforming changes.
end deleteThis bill would specify that its provisions become operative only if SCA ____ of the 2013-14 Regular Session is approved by the voters.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
(a) The Legislature finds and declares all of the
2following:
3(1) California’s public health and environmental protection
4programs, policies, and activities should be conducted in a manner
5that promotes equity and affords fair treatment, accessibility, and
6protection for all residents, regardless of race, age, culture,
7income, or geographic location.
8(2) California needs to provide the greatest level of attention
9and protection to those communities that are at
the greatest risk
10from those impacts.
11(3) It is the mission of the California Department of Toxic
12Substances Control to protect Californians and the environment
13of California from harmful effects of toxic substances.
14(4) The department ensures that hazardous waste facilities
15comply with public health and safety requirements through
16regulations, and permitting and inspection programs.
17(5) Central to the regulation of hazardous waste facilities is
18ensuring that entities that operate these facilities comply with
19applicable laws and regulations, that facilities are operating under
20proper permits, and that entities that frequently fail to comply with
21applicable laws and regulations and pose a risk to public health
P3 1and safety are not given new or renewed hazardous waste facilities
2permits.
3(6) For a full permit, the facility should submit an application
4which is subject to a detailed technical review by the department,
5a 45-day public comment period, a public hearing, and comply
6with the California Environmental Quality Act (Division 13
7(commencing with Section 21000) of the Public Resources Code).
8Full permits should be renewed every 10 years, and permitted
9facilities are subject to regular inspection by the department.
10(7) One facility has been operating under an interim status
11permit since 1985 and has repeatedly been found to have polluted
12the surrounding environment and community with dangerously
13high levels of lead and arsenic.
14(8) Lead and arsenic are known carcinogens that increase the
15risk of skin, lung, and lymphatic cancer, and can cause
16developmental harm, damage to the
nervous system, and damage
17reproductive health.
18(b) It is the intent of the Legislature to identify, protect, and
19defend overburdened communities that suffer from asthma, cancers,
20and other illnesses born from heavy industrial pollution and to
21ensure increased public participation from affected communities
22in the governmental decisionmaking process.
begin insertSection 25200.7.5 is added to the end insertbegin insertHealth and Safety
24Codeend insertbegin insert, to read:end insert
(a) On or before July 1, 2015, the department shall
26take final action on an application for a hazardous waste facilities
27permit submitted to the department by a facility operating under
28a grant of interim status pursuant to Section 25200.5 on or before
29January 1, 1986, by either issuing a final permit pursuant to the
30application or a final denial of application.
31(b) Interim status granted pursuant to Section 25200.5 for a
32facility described in subdivision (a) shall terminate on July 1, 2015,
33or on the date on which the department takes final action on the
34application for a hazardous waste facilities permit, whichever is
35earlier.
36(c) Except as proved in subdivision (b),
interim status granted
37for a facility before January 1, 2015, shall terminate on January
381, 2020, or on the date on which the department takes final action
39on the application for a hazardous waste facilities permit,
40whichever is earlier.
P4 1(d) Interim status granted for a facility on or after January 1,
22015, shall terminate five years from the date on which the interim
3status is granted or on the date on which the department takes
4final action on the application for a hazardous waste facilities
5permit, whichever is earlier.
Section 8605 of the Elections Code is amended
7to read:
A person whose name has been written in upon a ballot
9for an office at the direct primary election may not have his or her
10name placed upon the ballot as a candidate for that office for the
11ensuing general election unless one of the following is applicable:
12(a) At that direct primary election
he or she received for a
13partisan office votes equal in number to at least 1 percent of all
14votes cast for the office at the last preceding general election at
15which the office was filled. In the case of an office that has not
16appeared on the ballot since its creation, the requisite number of
17votes shall equal at least
1 percent of the number of all votes cast
18for the office that had the least number of votes in the most recent
19general election in the jurisdiction in which the write-in candidate
20is seeking office.
21(b) He or she is an independent nominee for a partisan office
22pursuant to Part 2 (commencing with Section 8300).
23(c) At that direct primary election he or she received for a
24voter-nominated office the highest number of votes cast for that
25office or the second highest number of votes cast for that office,
26provided that he or she received votes equal in number to at least
271 percent of all votes cast for the office at the last preceding general
28election at which the office was filled,
except as provided by
29subdivision (b) of Section 8142 or Section 8807.
This act shall become operative only if Senate
31Constitutional Amendment of the 2013-14 Regular Session is approved by the voters.
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