Bill Text: CA AB1 | 2021-2022 | Regular Session | Introduced
Bill Title: Lead-Acid Battery Recycling Act of 2016: dealer notice: California battery fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-06-23 - Ordered to inactive file at the request of Senator Durazo. [AB1 Detail]
Download: California-2021-AB1-Introduced.html
Introduced by Assembly Members Cristina Garcia and Santiago (Principal coauthors: Assembly Members Carrillo, Friedman, and Quirk) (Principal coauthor: Senator Gonzalez) (Coauthors: Assembly Members Bauer-Kahan, Bloom, Kalra, Mullin, Reyes, and Luz Rivas) (Coauthors: Senators Leyva and Wieckowski) |
December 07, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares that the Department of Toxic Substances Control has been operating under a structural deficit for many years and is currently in deficit. This fiscal condition limits the department’s effectiveness and responsiveness to stakeholders.SEC. 2.
Section 6103.10 of the Government Code is amended to read:6103.10.
Section 6103 does not apply to any fee or charges required to be paid to the State Director of Health Care Services or to theSEC. 3.
Section 11553 of the Government Code is amended to read:11553.
(a) Effective January 1, 1988, an annual salary of eighty-one thousand six hundred thirty-five dollars ($81,635) shall be paid to each of the following:SEC. 4.
Section 25110.2.1 is added to the Health and Safety Code, to read:25110.2.1.
“Board” means the Board of Environmental Safety.SEC. 5.
Article 2.1 (commencing with Section 25125) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:Article 2.1. Board of Environmental Safety
25125.
(a) The Board of Environmental Safety is hereby established in the California Environmental Protection Agency.25125.2.
(a) The board shall conduct no less than six public meetings per year, three of which shall be outside of the County of Sacramento.25125.6.
On or before January 1, 2023, the department shall do both of the following:25125.7.
The board shall annually prepare and transmit to the secretary and the Legislature, in compliance with Section 9795 of the Government Code, an annual review of the department’s performance measured against the board’s objectives.25125.8.
The director, or a designee, shall present and respond to the board, if requested to do so, on any issue or item dealing with anything in this article.25125.9.
(a) There is established within the board an office of the ombudsperson. The board shall appoint an ombudsperson who shall serve full time at the pleasure of the board.SEC. 6.
Article 3.1 (commencing with Section 25133) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:Article 3.1. Fee Task Force
25133.
(a) The Legislature finds and declares that the existing fee system established for funding the Hazardous Waste Control Account and the Toxic Substances Control Account is inefficient, inconsistent with public health and safety and environmental protection objectives, and insufficient for the board to effectively implement its statutory mandates, and discourages business investment in California’s economy.25133.2.
The fee task force shall include, but not be limited to, representatives from the following:25133.4.
Pursuant to Section 10231.5 of the Government Code, this article shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 7.
Section 25135.9 of the Health and Safety Code is repealed.(a) The department shall, pursuant to this section and subdivision (c) of Section 25170, prepare and adopt a state hazardous waste management plan. The state hazardous waste management plan shall serve as a comprehensive planning document for the state and shall be prepared as a useful informational source for the public, local government, and regional councils of government. The state hazardous waste management plan shall be prepared in conjunction with, and shall take into account, hazardous waste management plans adopted by counties and regional councils of governments.
(b) The state hazardous waste management plan shall be prepared and adopted by the department on or before November 30, 1991, shall be reviewed annually, and shall be revised to reflect new information at least once every three years.
(c) In preparing and adopting the state hazardous waste management plan, and in revising the plan thereafter, the department shall do all of the following:
(1) Publish the draft plan or the revised plan and make it available to the public for review and comment at least three months before final adoption.
(2) Conduct workshops and at least two public hearings on the plan or the draft revised plan, one in the southern part of the state and one in the northern part of the state, to solicit the views of the public, local
government, regional councils of governments, and interested parties.
(3) Include in the final state hazardous waste management plan and in revisions of the plan, a summary of the comments received and the department’s responses to those comments.
(d) The state hazardous waste management plan, and each revision of the plan, shall include, but need not be limited to, all of the following elements:
(1) An analysis of the hazardous waste streams produced in the state, an accounting of the volumes of hazardous waste produced in each county and region of the state, by type of waste, and estimates of the expected rates of hazardous waste production, by type of waste, during the next five years.
(2) An inventory of existing and planned hazardous waste
facilities which handle, treat, recycle, dispose, or otherwise manage hazardous wastes produced in the state. The inventory shall include a description of the facilities, a determination of the capacity of each existing or planned facility to handle, treat, recycle, dispose, or otherwise manage the waste streams it is authorized to handle, treat, recycle, dispose, or otherwise manage, and a description of the current progress and status of each planned facility in achieving operational status, including a timetable for becoming operational.
(3) An assessment of the need for additional hazardous waste facilities to manage the volumes of hazardous waste currently produced or which are expected to be produced during the next 20 years.
(4) An identification of the areas or regions of the state where new or expanded capacity to manage hazardous wastes are needed and the types of
facilities that should be sited and constructed.
(5) A description of the policies, programs, incentives, requirements, prohibitions, or other measures which, if implemented, would reduce or eliminate the need for new or expanded facilities.
(6) A statement of goals, objectives, and policies currently in effect, or in the process of development, for the siting of hazardous waste facilities and the management of hazardous wastes during the next five years.
(7) A schedule of recommended actions, including specific dates, for carrying out state, regional, and local actions to implement the state hazardous waste management plan.
SEC. 8.
Section 25135.9 is added to the Health and Safety Code, to read:25135.9.
(a) The department shall, by March 1, 2025, and every three years thereafter, prepare a state hazardous waste management plan and present it to the board for approval. The state hazardous waste management plan shall be based on the report prepared pursuant to subdivision (b) and any other relevant sources of information, and shall serve as a comprehensive planning document for the management of hazardous waste in the state, as a useful informational source to guide state and local hazardous waste management efforts, and as a guide for the department’s implementation of its hazardous waste management program.SEC. 9.
Section 25160 of the Health and Safety Code, as amended by Section 199 of Chapter 370 of the Statutes of 2020, is amended to read:25160.
(a) For purposes of this chapter, the following definitions apply:SEC. 10.
Section 25174 of the Health and Safety Code is amended to read:25174.
(a) There is in the General Fund the Hazardous Waste Control Account, which shall be administered by the director. In addition to any other money that may be deposited in the Hazardous Waste Control Account, pursuant to statute, all of the following amounts shall be deposited in the account:SEC. 11.
Section 25174 is added to the Health and Safety Code, to read:25174.
(a) There is in the General Fund the Hazardous Waste Control Account, which shall be administered by the director. In addition to any other money that may be deposited in the Hazardous Waste Control Account, pursuant to statute, all of the following amounts shall be deposited in the account:SEC. 12.
Section 25174.01 is added to the Health and Safety Code, to read:25174.01.
(a) The Hazardous Waste Facilities Account is established within the Hazardous Waste Control Account and shall be administered by the director. In addition to any other money that may be deposited in the Hazardous Waste Facilities Account pursuant to this chapter, all of the following amounts shall be deposited in the account:SEC. 13.
Section 25174.02 is added to the Health and Safety Code, to read:25174.02.
(a) Notwithstanding this chapter, or Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code, for any fees, surcharges, fines, penalties, and funds that are required to be deposited into the Hazardous Waste Control Account, the Hazardous Waste Facilities Account, or the Toxic Substances Control Account, the department, with the approval of the secretary, may take either of the following actions:SEC. 14.
Section 25174.1 of the Health and Safety Code is repealed.(a) Each person who disposes of hazardous waste in this state shall pay a fee for the disposal of hazardous waste to land, based on the type of waste placed in a disposal site, in accordance with this section and Section 25174.6.
(b) “Disposal fee” means the fee imposed by this section.
(c) For purposes of this section, “dispose” and “disposal” include “disposal,” as defined in Section 25113, including,
but not limited to, “land treatment,” as defined in subdivision (n) of Section 25205.1.
(d) Each operator of an authorized hazardous waste facility, at which hazardous wastes are disposed, shall collect a fee from any person submitting hazardous waste for disposal and shall transmit the fees to the State Board of Equalization for the disposal of those wastes. The operator shall be considered the taxpayer for purposes of Section 43151 of the Revenue and Taxation Code. The facility operator is not required to collect and transmit the fee for a hazardous waste if the operator maintains written evidence that the hazardous waste is eligible for the exemption provided by Section 25174.7 or otherwise exempted from the fees pursuant to this chapter. The written evidence may be provided by the operator or by the person submitting the hazardous waste for disposal, and shall be maintained by the operator at the facility for a minimum of three years from
the date that the waste is submitted for disposal. If the operator submits the hazardous waste for disposal, the operator shall pay the same fee as would any other person.
(e) Notwithstanding subdivision (d), the disposal facility shall not be liable for the underpayment of any disposal fees for hazardous waste submitted for disposal by a person other than the operator, if the person submitting the hazardous waste to the disposal facility has done either of the following:
(1) Mischaracterized the hazardous waste.
(2) Misrepresented any exemptions pursuant to Section 25174.7 or any other exemption from the disposal fee provided pursuant to this chapter.
(f) (1) Any additional payment of disposal fees that are due to the
State Board of Equalization as a result of a mischaracterization of a hazardous waste, a misrepresentation of an exemption, or any other error, shall be the responsibility of the person making the mischaracterization, misrepresentation, or error.
(2) In the event of a dispute regarding the responsibility for a mischaracterization, misrepresentation, or other error, for which additional payment of disposal fees are due, the State Board of Equalization shall assign responsibility for payment of the fee to that person, or those persons, it determines responsible for the mischaracterization, misrepresentation, or other error, provided that the person, or persons, has the right to a public hearing and comment, and the procedural and substantive rights of appeal pursuant to Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(3) Any generator,
transporter, or owner or operator of a disposal facility shall report to the department and the State Board of Equalization any information regarding any such mischaracterization, misrepresentation, or error, which could affect the disposal fee, within 30 days of that information first becoming known to that person.
(g) The State Board of Equalization shall deposit the fees collected pursuant to this section in the Hazardous Waste Control Account, for expenditure by the department, upon appropriation by the Legislature.
(h) The operator of the facility that disposes of the hazardous waste to land shall provide to every person who submits hazardous waste for disposal at the facility a statement showing the amount of hazardous waste fees payable pursuant to this section.
(i) Any person who disposes of hazardous
waste at any site that is not an authorized hazardous waste facility shall be responsible for payment of fees pursuant to this section and shall be the taxpayer for purposes of Section 43151 of the Revenue and Taxation Code.
(j) Any administrative savings that are derived by the state as a result of changes made to this section during the 1995–96 Regular Session of the Legislature shall be made available to the department and reflected in the annual Budget Act.
SEC. 15.
Section 25174.2 of the Health and Safety Code is repealed.(a)The base rate for the hazardous wastes specified in Section 25174.6 which are disposed of or submitted for disposal in the state is eighty-five dollars and twenty-four cents ($85.24) per ton for disposal of hazardous waste to land.
(b)The base rate specified in subdivision (a)
is the base rate for the period of January 1, 1997, to December 31, 1997. Beginning with calendar year 1998, and for each year thereafter, the State Board of Equalization shall adjust the base rate annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or a successor agency.
(c)This section shall become operative on January 1, 2001.
SEC. 16.
Section 25174.6 of the Health and Safety Code is repealed.(a)The fee provided pursuant to Section 25174.1 shall be determined as a percentage of the base rate, as adjusted by the State Board of Equalization, pursuant to Section 25174.2, or as otherwise provided by this section. The procedure for determining these fees is as follows:
(1)The following fees shall be paid for each ton, or fraction thereof for
up to the first 5,000 tons of the following hazardous wastes disposed of, or submitted for disposal, in the state at each specific offsite facility by each producer, or at each specific onsite facility, per month, if the hazardous wastes are not otherwise subject to the fee specified in paragraph (3) or (4) and are not otherwise exempt from the fees imposed pursuant to this article:
(A)For non-RCRA hazardous waste, excluding asbestos, generated in a remedial action, a removal action, or a corrective action taken pursuant to this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.75 (commencing with Section 25299.10), or Chapter 6.8 (commencing with Section 25300), or generated in any other required or voluntary cleanup, removal, or remediation of a hazardous substance or non-RCRA hazardous waste, a fee of five dollars and seventy-two cents ($5.72) per ton.
(B)For
all other non-RCRA hazardous waste, a fee of 16.31 percent of the base rate for each ton.
(2)Thirteen percent of the base rate for each ton, or fraction thereof, shall be paid for up to the first 5,000 tons of hazardous waste disposed of, or submitted for disposal, in the state, at each specific offsite facility by each producer, or at each specific onsite facility, per month, which result from the extraction, beneficiation, and processing of ores and minerals, including phosphate rock and the overburden from the mining of uranium ore and which is not otherwise subject to the fee specified in paragraph (3) or (4).
(3)Two hundred percent of the base rate shall be paid for each ton, or fraction thereof, of extremely hazardous waste disposed of, or submitted for disposal, in the state.
(4)Two hundred percent of the
base rate shall be paid for each ton, or fraction thereof, of restricted hazardous wastes listed in subdivision (b) of Section 25122.7 disposed of, or submitted for disposal, in the state.
(5)Forty and four-tenths percent of the base rate shall be paid for each ton, or fraction thereof, of hazardous waste disposed of, or submitted for disposal, in the state, which is not otherwise subject to the fees specified in paragraph (1), (2), (3), (4), or (6).
(6)Five percent of the base rate shall be paid for each ton, or fraction thereof, of hazardous waste disposed of, or submitted for disposal, in the state, that is a solid hazardous waste residue resulting from incineration or dechlorination. No fees shall be imposed pursuant to this paragraph on a solid hazardous waste residue resulting from incineration or dechlorination which is disposed of, or submitted for disposal, outside of
the state.
(7)Fifty percent of the fee that would otherwise be paid for each ton, or fraction thereof, of hazardous waste disposed of in the state, that is a solid hazardous waste residue resulting from treatment of a treatable waste by means of a designated treatment technology, as defined in Section 25179.2. No fees shall be imposed pursuant to this paragraph on a solid hazardous waste residue resulting from treatment of a treatable waste by means of a designated treatment technology that is not a hazardous waste or which is disposed of, or submitted for disposal, outside of the state.
(b)The amount of fees payable to the State Board of Equalization pursuant to this section shall be calculated using the total wet weight, measured in tons or fractions thereof, of the hazardous waste in the form in which the hazardous waste existed at the time of disposal, submission for
disposal, or application to land using a land disposal method, as defined in Section 66260.10 of Title 22 of the California Code of Regulations, if all of the following apply:
(1)The weight of any nonhazardous reagents or treatment additives added to the waste, after it has been submitted for disposal, for purposes of rendering the waste less hazardous, shall not be included in those calculations.
(2)Except as provided by paragraph (7) of subdivision (a), any RCRA hazardous waste received, treated, and disposed at the disposal facility shall be subject to a disposal fee pursuant to this section as if it were a non-RCRA hazardous waste, if the waste, due to treatment, is no longer a RCRA hazardous waste at the time of disposal.
(c)All fees imposed by this section shall be paid in accordance with Part 22 (commencing
with Section 43001) of Division 2 of the Revenue and Taxation Code.
(d)This section shall become operative on January 1, 2001.
SEC. 17.
Section 25174.7 of the Health and Safety Code is repealed.(a) The fees provided for in Sections 25174.1 and 25205.5 do not apply to any of the following:
(1) Hazardous wastes which result when a government agency, or its contractor, removes or remedies a release of hazardous waste in the state caused by another person.
(2) Hazardous wastes generated or disposed of by a public agency operating a household hazardous waste collection facility in the state pursuant
to Article 10.8 (commencing with Section 25218), including, but not limited to, hazardous waste received from conditionally exempt small quantity commercial generators, authorized pursuant to Section 25218.3.
(3) Hazardous wastes generated or disposed of by local vector control agencies which have entered into a cooperative agreement pursuant to Section 116180 or by county agricultural commissioners, if the hazardous wastes result from their control or regulatory activities and if they comply with the requirements of this chapter and regulations adopted pursuant thereto.
(4) Hazardous waste disposed of, or submitted for disposal or treatment, by any person, which is discovered and separated from solid waste as part of a load checking program.
(b) Notwithstanding paragraph (1) of subdivision (a), any person
responsible for a release of hazardous waste, which has been removed or remedied by a government agency, or its contractor, shall pay the fee pursuant to Section 25174.1.
(c) Any person who acquires land for the sole purpose of owner-occupied single-family residential use, and who acquires that land without actual or constructive notice or knowledge that there is a tank containing hazardous waste on or under that property, is exempt from the fees imposed pursuant to Sections 25174.1, 25205.5, and 25345, in connection with the removal of the tank.
SEC. 18.
Section 25174.11 of the Health and Safety Code is repealed.Section 25174.1 does not apply to the previous disposal of mining waste that is subsequently classified as nonhazardous pursuant to the department’s California Assessment Manual criteria regulations set forth in Article 2 (commencing with Section 66300) of Chapter 30 of Division 4 of Title 22 of the California Administrative Code, which became effective October 27, 1984, and disposal fees shall not be assessed pursuant to Section 25174.1 for that waste if the waste previously disposed of is not significantly different from the waste classified as nonhazardous.
SEC. 19.
Section 25175 of the Health and Safety Code is amended to read:25175.
(a) (1) The department shall prepare and adopt, by regulation, a list, and on or before January 1, 2002, and when appropriate thereafter, shall revise, by regulation, that list, of specified hazardous wastes that the department finds are economically and technologically feasible to recycle either onsite or at an offsite commercial hazardous waste recycling facility in the state, taking into consideration various factors that shall include, but are not limited to, the quantities of, concentrations of, and potential contaminants in, these hazardous wastes, the number and location of recycling facilities, and the proximity of these facilities to hazardous waste generators.SEC. 20.
Section 25178.1 of the Health and Safety Code is amended to read:25178.1.
TheSEC. 21.
Section 25187.3 is added to the Health and Safety Code, to read:25187.3.
(a) When submitting a corrective measures study for a hazardous waste facility that has been issued an order under Section 25187 for a release, as defined in Chapter 6.8 (commencing with Section 25300), of hazardous waste or hazardous waste constituents into the environment from a hazardous waste facility, an owner or operator shall include a corrective action cost estimate in the corrective measures study.SEC. 22.
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)Before the fixed term of a permit expires, the owner or operator of a facility intending to extend the term of the facility’s permit shall submit a complete Part A application for a permit renewal. At any time following the submittal of the Part A application, the owner or operator of a facility shall submit a complete Part B application, or any portion thereof, as well as any other relevant information, as and when requested by the department. To the extent not inconsistent with the federal act, when a complete Part A renewal application, and any other requested information, has been submitted before the end of the permit’s fixed term, the permit is deemed extended until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal.
(C)
(D)
(E)
SEC. 23.
Section 25200.05 is added to the Health and Safety Code, to read:25200.05.
(a) No later than 90 days after receiving an application for a hazardous waste facilities permit, the department shall post on its internet website a timeline with the estimated dates of key milestones in the application review process, which shall include, but not be limited to, the dates of public meetings and the date for issuance of a draft decision. The department shall note on its internet website that these dates are estimates and shall update the dates as needed.SEC. 24.
Section 25200.8 of the Health and Safety Code is amended to read:25200.8.
Any applicant for a final hazardous waste facilities permit pursuant to Section 25200 who receives a notice of deficiency from the department concerning the permit application shall submit the information specified in the notice of deficiency by the date specified in the notice of deficiency or by a later alternative date approved by the department.SEC. 25.
Section 25200.25 is added to the Health and Safety Code, to read:25200.25.
(a) If a final permit decision has not been issued by the department by the applicable permit decision deadline pursuant to Section 25200, the department shall issue a report, which shall be released to the public, that includes the reasons why the final permit decision was not made on time and a proposed schedule for issuing the final permit decision. The department’s report shall specifically address all of the following:SEC. 26.
Section 25200.27 is added to the Health and Safety Code, to read:25200.27.
(a) After the preparation of a report pursuant to Section 25200.25, the department shall do all of the following:SEC. 27.
Section 25201.6 of the Health and Safety Code is amended to read:25201.6.
(a) For purposes of this section and Section 25205.2, the following terms have the following meaning:(B)A facility that is eligible for a standardized permit pursuant to this paragraph is also eligible for the fee exemption provided in subdivision (d) of Section 25205.12 for any year or reporting period prior to January 1, 1995, if the owner or operator complies with the notification and application requirements of this section on or before March 1, 1995.
(C)
(D)
(E)
(i)
(ii)
(iii)
(B)A facility that is eligible for a standardized permit pursuant to this paragraph is also eligible for the fee exemption provided in subdivision (d) of Section 25205.12 for any year or reporting period prior to January 1, 1996, if the owner or operator complies with the notification and application requirements of this section on or before March 1, 1996.
(i)
(j)
(k)
SEC. 28.
Section 25205 of the Health and Safety Code is amended to read:25205.
(a) Except as provided in SectionSEC. 29.
Section 25205.2 of the Health and Safety Code is amended to read:25205.2.
(a) Except as provided in subdivisions(b) The board shall deposit all fees collected pursuant to subdivision (a) in the Hazardous Waste Control Account in the General Fund. The fees so deposited may be expended by the department, upon appropriation by the Legislature, for the purposes specified in subdivision (b) of Section 25174.
(c)
(d)
(5) If the reporting period which immediately followed the final reporting period in which a facility actually engaged in the treatment, storage, or disposal of the hazardous waste was the six-month period from July 1, 1991, through December 31, 1991, the operator
shall be subject to twice the fee otherwise applicable to that operator for that reporting period under paragraphs (2) and (3).
(e) No facility shall be subject to a facility fee for treatment, storage, or disposal, if that activity ceased before July 1, 1986, and if the fee for the activity was not paid prior to January 1, 1994.
(f) Notwithstanding any other provision of this section, a person who ceased actual treatment, storage, or disposal of hazardous waste, whether generated onsite or received from offsite, before July 1, 1986, and who paid facility fees for any reporting period after that date pursuant to a decision of the State Board of Equalization, and who filed a claim for refund of those fees on or before January 1, 1994, shall be entitled to a refund of those amounts.
(g) Facility operators who
treated, stored, or disposed of hazardous waste on or after July 1, 1986, shall be subject to the provisions of this section which were in effect prior to January 1, 1994, as to payments which their operators made prior to January 1, 1994. The operators shall be subject to subdivision (d) as to any other liability for the facility fee.
(h)
(i) Notwithstanding subdivision (a), a facility operating pursuant to a standardized permit or grant of interim status, as specified in Section 25201.6, shall receive a credit for the annual facility fee imposed by this section for a period of time equal to the number of years that the facility lawfully operated prior to September 21, 1993, pursuant to a hazardous waste facilities permit or other grant of authorization and paid facility fees for the operation of the facility pursuant to this section.
SEC. 30.
Section 25205.3 of the Health and Safety Code is repealed.The following facilities are exempt from the fees imposed by this article:
(a) Any household hazardous waste collection facility operated pursuant to Article 10.8 (commencing with Section 25218).
(b) Any facility operated by a local government agency, or by any person operating a hazardous waste collection program under an agreement with a public agency, which is used for wastes which meet the requirements of paragraph (3) of
subdivision (a) of Section 25174.7.
(c) That portion of a solid waste facility permitted pursuant to Chapter 3 (commencing with Section 44001) of Part 4 of Division 30 of the Public Resources Code, which is used for the segregation, handling, and storage of hazardous waste separated from solid waste loads received by the facility, pursuant to a load checking program.
(d) A facility used solely for the treatment, storage, disposal, or recycling of hazardous waste which results when a public agency or its contractor investigates, removes, or remedies a release of hazardous waste caused by another person.
(e) (1) For purposes of fees assessed in any reporting period beginning July 1, 1990, or subsequently, a facility which has been issued a permit for the purpose of storing hazardous waste
onsite, and whose permit has expired, if all of the following has occurred:
(A) The facility has received no waste from offsite since the permit expired.
(B) The owner or operator gave the department timely notification of intent to close the facility, pursuant to regulations adopted by the department.
(C) At least 90 days have elapsed since the owner or operator gave the department that notification.
(D) The department did not complete its review of the closure plan within 90 days of receiving the notification.
(2) This exclusion shall take effect the reporting period following the reporting period in which the facility first satisfied the requirements of paragraph (1) and did
not accumulate waste onsite for more than 90 consecutive days.
SEC. 31.
Section 25205.4 of the Health and Safety Code is repealed.(a) The base rate for the 1997 reporting period for the facility fee imposed by Section 25205.2 is nineteen thousand seven hundred sixty-one dollars ($19,761). Commencing with the 1998 reporting period, and for each reporting period thereafter, the board shall adjust the base rate annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or by a successor agency.
(b)
The determination of the facility fee pursuant to this section, including the redetermination of the base rate, is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) Except as provided in subdivision (e), in computing the facility fees, all of the following shall apply:
(1) The fee to be paid by a ministorage facility shall equal 25 percent of the base facility rate.
(2) The fee to be paid by a small storage facility shall equal the base facility rate.
(3) The fee to be paid by a large storage facility shall equal twice the base facility rate.
(4) The fee to be paid by a minitreatment
facility shall equal 50 percent of the base facility rate.
(5) The fee to be paid by a small treatment facility shall equal twice the base facility rate.
(6) The fee to be paid by a large onsite treatment facility shall equal three times the base facility rate.
(7) The fee to be paid by a large offsite treatment facility shall be as follows:
(A) The annual facility fees for 1998, 1999, and 2000 shall equal 2.25 times the base facility rate.
(B) Beginning with the annual facility fee for 2001, the annual facility fee shall equal three times the base facility rate.
(8) The fee to be paid by a disposal facility shall
equal 10 times the base facility rate.
(9) (A) The fee to be paid by a facility with a postclosure permit shall be five thousand seven hundred twenty-five dollars ($5,725) annually for a small facility, eleven thousand four hundred fifty dollars ($11,450) annually for a medium facility, and seventeen thousand one hundred seventy-five dollars ($17,175) for a large facility during the first five years of the postclosure period. The fee to be paid by a facility with a postclosure permit during the remaining years of the postclosure care period shall be three thousand fifty dollars ($3,050) annually for a small facility, six thousand one hundred dollars ($6,100) annually for a medium facility, and ten thousand three hundred dollars ($10,300) annually for a large facility.
(B) The fees required by subparagraph (A) shall be reduced by 50 percent for any
facility for which an agency, other than the department, is the lead agency pursuant to paragraph (1) of subdivision (b) of Section 25204.6.
(d) If a facility falls into more than one category listed in either subdivision (c) or (e), or any combination thereof, or multiple operations under a single hazardous waste facilities permit or grant of interim status fall into more than one category listed in subdivision (c) or (e), or any combination thereof, the facility operator shall pay only the rate for the facility category which is the highest rate.
(e) Notwithstanding subdivision (c), the facility fee for a facility that has been issued a standardized permit shall be as follows:
(1) The fee to be paid for a facility that has been issued a Series A standardized permit shall be eleven thousand seven hundred
thirty dollars ($11,730).
(2) The fee to be paid for a facility that has been issued a Series B standardized permit shall be five thousand four hundred ninety-seven dollars ($5,497).
(3) Except as specified in paragraph (4), the fee to be paid for a facility that has been issued a Series C standardized permit shall be four thousand six hundred seventeen dollars ($4,617).
(4) The fee for a facility that has been issued a Series C standardized permit is two thousand three hundred eight dollars ($2,308) if the facility meets all of the following conditions:
(A) The facility treats not more than 1,500 gallons of liquid hazardous waste and not more than 3,000 pounds of solid hazardous waste in any calendar month.
(B) The total facility storage capacity does not exceed 15,000 gallons of liquid hazardous waste and 30,000 pounds of solid hazardous waste.
(C) If the facility both treats and stores hazardous waste, the facility does not exceed the volume limitations specified in subparagraphs (A) and (B) for each individual activity.
(f) The fee imposed pursuant to this section shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
SEC. 32.
Section 25205.5 of the Health and Safety Code is amended to read:(a) In addition to the fee imposed pursuant to Section 25174.1, every generator of hazardous waste, in the amounts specified in subdivision (c), shall pay the board a generator fee for each generator site for each calendar year, or portion thereof, unless the generator has paid a facility fee or received a credit, as specified in Section 25205.2, for each specific site, for the calendar year for which the generator fee is due.
(b) The base fee rate for the fee imposed
pursuant to subdivision (a) is two thousand seven hundred forty-eight dollars ($2,748).
(c) (1) Each generator who generates an amount equal to, or more than, five tons, but less than 25 tons, of hazardous waste during the prior calendar year shall pay 5 percent of the base rate.
(2) Each generator who generates an amount equal to, or more than, 25 tons, but less than 50 tons, of hazardous waste during the prior calendar year shall pay 40 percent of the base rate.
(3) Each generator who generates an amount equal to, or more than, 50 tons, but less than 250 tons, of hazardous waste during the prior calendar year shall pay the base rate.
(4) Each generator who generates an amount equal to, or more than, 250 tons, but less
than 500 tons, of hazardous waste during the prior calendar year shall pay five times the base rate.
(5) Each generator who generates an amount equal to, or more than, 500 tons, but less than 1,000 tons, of hazardous waste during the prior calendar year shall pay 10 times the base rate.
(6) Each generator who generates an amount equal to, or more than, 1,000 tons, but less than 2,000 tons, of hazardous waste during the prior calendar year shall pay 15 times the base rate.
(7) Each generator who generates an amount equal to, or more than, 2,000 tons of hazardous waste during the prior calendar year shall pay 20 times the base rate.
(d) The base rate established pursuant to subdivision (b) was the base rate for the 1997 calendar year and the board
shall adjust the base rate annually to reflect increases or decreases in the cost of living, during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or by a successor agency.
(e) The establishment of the annual operating fee pursuant to this section is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
25205.5.
(a) (1) Except as otherwise provided in this section, a generator of hazardous waste shall pay to the California Department of Tax and Fee Administration for each generator site for each calendar year, or portion of the calendar year, a generation and handling fee of thirty-five dollars and fifty cents ($35.50) for each ton or fraction of a ton of hazardous waste generated.(f)
(g)
(h) (1) A generator who pays a hazardous waste generator inspection fee to a certified unified program agency, which is imposed as part of a single fee system and fee accountability program that are both in compliance with the requirements of Section 25404.5, shall be eligible for a refund of all, or part of, the generator fee paid pursuant to subdivision (a) if both of the following conditions apply:
(A) The generator received a credit pursuant to Section 43152.7 or 43152.11 of the Revenue and Taxation Code for fees paid for hazardous waste generated in 1996.
(B) The department certifies, pursuant to subdivision (b) of Section 25205.9, that funds are available to pay all or part of the refund.
(2) A generator who is eligible for a refund pursuant to paragraph (1) shall submit an application for that refund to the board by September 30 following the fiscal year during which the generator paid the generator fee pursuant to subdivision (a). An application for a refund postmarked after September 30 is void, shall not be processed by the board, and shall be returned to the applicant.
(i) (1) A generator who transfers hazardous
materials to an offsite facility for recycling at that offsite facility or another offsite facility shall be eligible for a refund of all, or part of, the generator fee paid pursuant to subdivision (a) if all of the following conditions apply:
(A) The offsite facility to which the hazardous materials are manifested pays a facility fee pursuant to Section 25205.2.
(B) The amount of hazardous materials transferred to the offsite facility and recycled there, when deducted from the total tonnage of hazardous waste generated at the generator’s site, results in the generator becoming eligible for a generator fee that is lower than the fee paid pursuant to subdivision (a).
(C) The hazardous materials transferred to the offsite facility are not burned in a boiler, industrial furnace, or an incinerator, as those terms
are defined in Section 260.10 of Title 40 of the Code of Federal Regulations, used in a manner constituting disposal, or used to produce products that are applied to land.
(D) The department certifies, pursuant to subdivision (b) of Section 25205.9, that funds are available to pay all or part of the refund.
(2) A generator who is eligible for a refund pursuant to paragraph (1) shall submit an application for that refund to the board by September 30 following the fiscal year during which the generator paid the generator fee pursuant to subdivision (a). An application for a refund postmarked after September 30 is void, shall not be processed by the board, and shall be returned to the applicant.
(j) (1) The amendment of this section made by Chapter 1125 of the Statutes of 1991 does not
constitute a change in, but is declaratory of, existing law.
(2) The amendment of subdivision (a) of this section made by Chapter 259 of the Statutes of 1996 does not constitute a change in, but is declaratory of, existing law.
SEC. 33.
Section 25205.5.01 is added to the Health and Safety Code, to read:25205.5.01.
(a) It is the intent of the Legislature that the one-time funding increases described in subdivisions (b) and (c) be available to the department to complete the work necessary to prepare the hazardous waste management plan pursuant to Section 25135.9.SEC. 34.
Section 25205.5.1 of the Health and Safety Code is amended to read:25205.5.1.
NotwithstandingSEC. 35.
Section 25205.7 of the Health and Safety Code is amended to read:25205.7.
(a) (1) A person who applies for, or requests, any of the following shall enter into a written agreement with the department pursuant to which that person shall reimburse the department, pursuant to Article 9.2 (commencing with Section 25206.1), for the costs incurred by the department in processing the application or responding to the request:SEC. 36.
Section 25205.9 of the Health and Safety Code is repealed.(a) On or before June 30 of each year, the department shall determine if there are surplus funds in the Hazardous Waste Control Account and shall, upon appropriation by the Legislature, allocate these surplus funds to pay refunds in the following order of priority:
(1) To pay refunds to generators pursuant to subdivision (c).
(2) To pay refunds to generators pursuant to subdivision (d). However, the
department shall not pay refunds pursuant to subdivision (d) until all applications for refunds pursuant to subdivision (c) have first been paid.
(b) The department shall certify the amount of the surplus in the Hazardous Waste Control Account to the board and shall direct the board to pay refunds to generators pursuant to subdivisions (c) and (d) to the extent funds permit. If funds are not sufficient to pay all the refunds for which the board receives applications pursuant to subdivision (h) of Section 25205.5, the department shall direct the board to pay refunds pursuant to subdivision (c) on a pro rata basis. If funds are sufficient to pay all refunds for which applications are received pursuant to subdivision (h) of Section 25205.5 but not sufficient to pay all refunds for which applications were received by the board pursuant to subdivision (i) of Section 25205.5, the department shall direct the board to pay refunds pursuant to
subdivision (d) on a pro rata basis.
(c) (1) If the department certifies that there are sufficient funds to do so, the board shall issue refunds, in the manner directed by the department pursuant to subdivision (b), to hazardous waste generators who are eligible for refunds pursuant to paragraph (1) of subdivision (h) of Section 25205.5.
(2) The refund made to a generator pursuant to this subdivision shall not exceed the fee paid by the generator pursuant to Section 25205.5, or exceed the hazardous waste generator inspection fee paid to the certified unified program agency for the previous calendar year, whichever is less.
(3) The board may issue refunds pursuant to this section only if the department certifies, pursuant to subdivision (b), that funds for these refunds are available.
(d) (1) If the department certifies that there are sufficient funds to do so, the board shall issue refunds, in the manner directed by the department pursuant to subdivision (b), to hazardous waste generators who are eligible for refunds pursuant to paragraph (1) of subdivision (i) of Section 25205.5.
(2) The refund made to a generator pursuant to this subdivision shall be equal to the difference between the amount of the generator fee paid by the generator pursuant to Section 25205.5 and the amount the generator would have paid if the amount of hazardous materials transferred to an offsite facility for recycling had been deducted from the total tonnage of hazardous waste generated at the generator’s site. However, if a generator receives a refund pursuant to subdivision (c), the generator may not receive a refund pursuant to this subdivision that exceeds
the difference between the amount of the generator fee paid pursuant to Section 25205.5 and the amount of the refund received pursuant to subdivision (c).
(3) The board may issue refunds pursuant to this subdivision only if the department certifies, pursuant to subdivision (b), that funds for these refunds are available.
(e) For purposes of this section, “surplus” means the amount in the Hazardous Waste Control Account on June 30 of each year that is in excess of the reserve required by subdivision (k) of Section 25174.
SEC. 37.
Section 25205.12 of the Health and Safety Code is amended to read:25205.12.
(b) The retroactive portion of the facility fee exemption provided by subdivision (a) does not apply to any facility that was authorized by the department to operate on or before June 1, 1991, for any fees paid or billed prior to September 1, 1992.
(c) The operator of a hazardous waste facility authorized by the department to clean and recycle excavated underground storage tanks is exempt from the facility fee specified in Section 25205.2 with regard to those activities conducted before January 1, 1994, and those activities conducted after that date, until the effective date of a regulation adopted by the department governing the statewide requirements for the issuance of a permit for tank cleaning and recycling facilities.
(d) The operator of a hazardous waste facility operating pursuant to a standardized permit or a grant of interim status, as specified in Section 25201.6, is exempt from the facility fee specified in Sections 25205.2 and 25205.4 for any year or reporting period prior to January 1, 1993, during which the facility operated, if the hazardous waste treatment or storage activity was conducted prior to January 1, 1993, and the owner or operator is in compliance with the notification and application requirements of Section 25201.6, as amended in the 1993–94 Regular Session of the Legislature, or as amended thereafter, and either of the following circumstances apply:
(1) The owner or operator was not authorized by the department before July 1, 1993, to conduct the eligible treatment or storage activity.
(2) The owner or
operator did not pay a hazardous waste facility fee, as specified in Section 25205.2, for that year or reporting period prior to July 1, 1993, for the facility that is the subject of the standardized permit.
SEC. 38.
Section 25205.14 of the Health and Safety Code is repealed.(a) Except as provided in Section 25404.5, the owner or operator of a facility or transportable treatment unit operating pursuant to a permit-by-rule shall pay a fee to the board per facility or transportable treatment unit for each reporting period, or portion thereof. The fee for the 1997 reporting period shall be nine hundred fifty-eight dollars ($958). Until July 1, 1998, the owner or operator of a facility or transportable treatment unit operating pursuant to a permit-by-rule shall also pay a fee in the amount of 50 percent of the
fee specified in this subdivision for each modification of the notification required by Sections 67450.2 and 67450.3 of Title 22 of the California Code of Regulations, as those sections read on January 1, 1995, or as those sections may subsequently be amended. Thereafter, the fee shall be adjusted annually by the board to reflect increases and decreases in the cost of living, as measured by the Consumer Price Index issued by the Department of Industrial Relations or a successor agency. The reporting period shall begin January 1 of each calendar year. On or before January 31 of each calendar year, the department shall notify the board of all known owners or operators operating pursuant to a permit-by-rule who are not exempted from this fee pursuant to Section 25404.5. The department shall also notify the board of any owner or operator authorized to operate pursuant to a permit-by-rule, who is not exempted from this fee pursuant to Section 25404.5, within 60 days after the owner or operator is authorized.
(b) Except as provided in Section 25404.5, a generator operating under a grant of conditional authorization pursuant to Section 25200.3 shall pay a fee to the board per facility for each reporting period, or portion thereof, unless the generator is subject to a fee under a permit-by-rule. The fee for the 1997 reporting period shall be nine hundred fifty-eight dollars ($958). Thereafter, the fee shall be adjusted annually by the board to reflect increases and decreases in the cost of living, during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or a successor agency. The reporting period shall begin January 1 of each calendar year. On or before January 31 of each calendar year, the department shall notify the board of all known generators operating pursuant to a grant of conditional authorization under Section 25200.3 who are not exempted from this fee pursuant to Section 25404.5.
The department shall also notify the board of any generator authorized to operate under a grant of conditional authorization, who is not exempted from this fee pursuant to Section 25404.5, within 60 days of the receipt of notification.
(c) Except as provided in Section 25404.5, a generator performing treatment conditionally exempted pursuant to Section 25144.6 or subdivision (a) or (c) of Section 25201.5 shall pay thirty-eight dollars ($38) to the board per facility for each reporting period, unless that generator is subject to a fee under a permit-by-rule or a conditional authorization pursuant to Section 25200.3. Until July 1, 1998, a generator performing treatment conditionally exempted pursuant to Section 25144.6 or subdivision (a) or (c) of Section 25201.5 shall pay one hundred dollars ($100) to the board per facility for the initial operating period, or portion thereof, unless that generator is subject to a fee under a permit-by-rule or
a conditional authorization pursuant to Section 25200.3. The reporting period shall begin January 1 of each calendar year. On or before January 31 of each calendar year, the department shall notify the board of all known facilities performing treatment conditionally exempted by Section 25144.6 or subdivision (a) or (c) of Section 25201.5 who are not exempted from this fee pursuant to Section 25404.5. The department shall also notify the board of any generator who notifies the department that the generator is conducting a conditionally exempt treatment operation, and who is not exempted from this fee pursuant to Section 25404.5, within 60 days of the receipt of the notification.
(d) The fees imposed pursuant to this section shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
SEC. 39.
Section 25205.15 of the Health and Safety Code, as amended by Section 200 of Chapter 370 of the Statutes of 2020, is repealed.(a)Except for the first four manifests used in a calendar year by a business with less than 100 employees, and except as provided in paragraph (2), in addition to any fees to cover printing and distribution costs, the department shall impose a manifest fee of seven dollars and fifty cents ($7.50) for each manifest form or electronic equivalent used by any person, in the following manner:
(1)The department shall bill generators for each manifest form or electronic equivalent. The billing frequency specified by the department may range from monthly to annually, with the payment by the generator required within 30 days from the date of receipt of the billing, and shall be determined based on consultation with the regulated community. In preparing the bills, the
department shall distinguish between manifests used solely for recycled hazardous wastes and those used for nonrecycled hazardous wastes. In determining the billing frequency, the department may take into account each person’s volume of manifest usage.
(2)(A)The manifest fee shall not be collected on the use of manifest forms that are used solely for hazardous wastes that are recycled.
(B)The manifest fee for each manifest form or electronic equivalent used solely for hazardous waste derived from air compliance solvents shall be three dollars and fifty cents ($3.50). This is in addition to any fees charged to cover printing and distribution costs.
(3)The department shall implement a system for the use of manifest forms that distinguishes among recycling manifests used solely for hazardous
wastes that are to be recycled, manifests used solely to transport hazardous waste derived from air compliance solvents, and general manifests that may be used for transporting waste for any purpose.
(4)(A)If a person erroneously reports on a manifest form or electronic equivalent that the manifest is being used for the transport of hazardous wastes that are being shipped for recycling or for the transport of hazardous wastes derived from air compliance solvents rather than the transport of other types of hazardous waste, the person shall pay the seven dollars and fifty cents ($7.50) manifest fee and an additional error correction fee of twenty dollars ($20) per manifest, as required pursuant to Section 25160.5.
(B)Notwithstanding subparagraph (A) the department shall provide the manifest user with a reasonable opportunity to notify the department of any
incorrect use of the recycling manifest, as described in subparagraph (A), and to provide the department with the appropriate manifest fee payment without additional fines, penalties, or payment of the error correction fee.
(5)The department may adopt regulations to implement and administer the manifest fee system imposed pursuant to this subdivision.
(b)For purposes of subdivision (a), “manifest” has the same meaning as defined in paragraph (1) of subdivision (a) of Section 25160.
(c)The manifest fees collected pursuant to this section shall be deposited in the Hazardous Waste Control Account and be available for expenditure, upon appropriation by the Legislature.
(d)For purposes of this section, “air compliance solvent” means a solvent, including
aqueous solutions, that are required or approved for use by regulations adopted by the State Air Resources Board, an air pollution control district, or an air quality management district, to meet air emission standards adopted by that board or district and, pursuant to those regulations, is required to be used instead of another solvent that was used and recycled prior to the adoption of those regulations.
SEC. 40.
Section 25205.16 of the Health and Safety Code is amended to read:(a) (1) The department may impose an annual verification fee upon all generators, transporters, and facility operators with 50 or more employees that possess a valid identification number issued either by the department or by the Environmental Protection Agency. The fee charged shall be one hundred fifty dollars ($150) for each generator, transporter, and facility operator with 50 or more employees, but less than 75 employees; one hundred seventy-five dollars ($175) for each generator, transporter, and facility
operator with 75 or more employees, but less than 100 employees; two hundred dollars ($200) for each generator, transporter, and facility operator with 100 or more employees, but less than 250 employees; two hundred twenty-five dollars ($225) for each generator, transporter, and facility operator with 250 or more employees, but less than 500 employees; two hundred fifty dollars ($250) for each generator, transporter, and facility operator with 500 or more employees. However, no generator, transporter, or facility operator shall be assessed fees pursuant to this section that exceed, in total, five thousand dollars ($5,000).
(2) The generator, transporter, or facility operator subject to the fee shall submit payment of the fee within 30 days from the date of receiving a notice of assessment from the department. The notice shall be sent once during each fiscal year to each holder of a valid identification number. The fee imposed by this section
shall be deposited in the Hazardous Waste Control Account and be available for expenditure, upon appropriation by the Legislature. For purposes of this section, “employee” shall have the same meaning set forth in Section 25205.6.
(b)
25205.16.
(a) The department shall establish an identification number certification system to(c)
SEC. 41.
Section 25205.20 of the Health and Safety Code is repealed.(a) In issuing a variance, the department may, for purposes of the annual facility fee only, make the variance retroactive to not earlier than one year after the date of the variance application’s submittal to the department, or January 1, 1994, whichever is later.
(b) A facility which is subject to the annual facility fee shall pay such fee while the variance application is pending. Within one year of the issuance of the variance, the board shall issue a refund of
facility fees paid for all reporting periods following the period to which the variance is retroactive. The refund shall not include interest.
(c) Variance, for purposes of this section, means a variance from the requirement of obtaining a hazardous waste facilities permit or grant of interim status.
SEC. 42.
Section 25205.21 of the Health and Safety Code is amended to read:25205.21.
(a) Notwithstanding Section 25205.4, a disposal facility operator(b) Prior to January 1, 1998, no interest or penalty shall accrue on any amount owed by an operator pursuant to subdivision (a).
(c)
SEC. 43.
Section 25205.22 of the Health and Safety Code is amended to read:25205.22.
(a)(b) Notwithstanding subdivision (c), any fees due pursuant to this chapter for calendar year 1995 and which are due and payable in calendar year 1996 shall be paid in 1996 in accordance with Section 43152.7 of the Revenue and Taxation Code.
(c) On and after January 1, 1996, any person transporting, importing, or receiving non-RCRA hazardous waste imported into this state for purposes of treatment, recycling, or disposal shall be exempt from the payment of the generator fee imposed pursuant to Section 25205.5 and the generator surcharge imposed pursuant to Section 25205.9.
SEC. 44.
Section 25207.12 of the Health and Safety Code is amended to read:(a) Any eligible participant who submits banned, unregistered, or outdated agricultural wastes for collection in a program established pursuant to this article is exempt from the fees and reimbursements required by Sections 25174.1, 25205.2, 25205.5, and 25205.7, with regard to the wastes submitted for collection.
(b)
25207.12.
(a) An eligible participant who submits banned, unregistered, or outdated agricultural wastes for collection is exempt from the hazardous waste facilities permit requirements of Section 25201 with regard to the management of the wastes submitted for collection.SEC. 45.
Section 25246.1 is added to the Health and Safety Code, to read:25246.1.
(a) After the department has identified a release or releases of a hazardous waste or a hazardous waste constituent into the environment from a hazardous waste facility, and the source of the release is a facility or hazardous waste management unit or an activity that is regulated by the department pursuant to this chapter, and the department determines that corrective action is necessary at the facility, either during the active life of the facility or when the department has issued an order for corrective action, the department shall request an owner or operator of a hazardous waste facility to submit to the department for review and approval a written cost estimate to cover activities associated with the corrective action based on available data, history of releases, and site activities of the facility.SEC. 46.
Section 25246.2 is added to the Health and Safety Code, to read:25246.2.
(a) If corrective action financial assurance is required under Section 25246.1, the requirements of this section shall apply.SEC. 47.
Section 25250.24 of the Health and Safety Code is amended to read:25250.24.
(a)(b) Used oil which is removed from a motor vehicle and which is subsequently recycled, by a recycler who is permitted pursuant to this article, shall not
be included in the calculation of the amount of hazardous waste generated for purposes of the generator fee imposed pursuant to Section 25205.5.
SEC. 48.
Section 25355.3 is added to the Health and Safety Code, to read:25355.3.
(a) The department shall require any responsible party who is required to undertake corrective action obligations pursuant to a determination issued pursuant to Section 25246.1 to demonstrate and to maintain financial assurance in accordance with this section.SEC. 49.
Section 43002.3 of the Revenue and Taxation Code is amended to read:43002.3.
(a) For purposes of the collection of the fees specified in subdivision (a) of Section 25174SEC. 50.
Section 43005.5 of the Revenue and Taxation Code is repealed.The penalty provisions of Sections 43155 and 43201 shall not apply to the fees imposed pursuant to Section 25174 of the Health and Safety Code for those disposals which occurred prior to September 25, 1981.
SEC. 51.
Section 43012 of the Revenue and Taxation Code is amended to read:43012.
(a) For purposes of this part, “taxpayer” meansSEC. 52.
Section 43051 of the Revenue and Taxation Code is repealed.The fee imposed pursuant to Section 25174.1 of the Health and Safety Code shall be administered and collected by the board in accordance with this part.
SEC. 53.
Section 43055 of the Revenue and Taxation Code is repealed.The surcharge imposed pursuant to Section 25205.9 of the Health and Safety Code, as that section read on December 31, 1997, and was repealed by Section 24 of Chapter 870 of the Statutes of 1997, shall be administered and collected by the board in accordance with this part, with regards to any amounts due and payable on or before February 28, 1998.
SEC. 54.
Section 43101 of the Revenue and Taxation Code is amended to read:43101.
Every person, as defined in Section 25118 of the Health and Safety Code, who is subject to the fees specified inSEC. 55.
Section 43151 of the Revenue and Taxation Code is repealed.(a)The fee imposed pursuant to Section 25174.1 of the Health and Safety Code, which is a tax collected and administered under Section 43051, is due and payable to the board monthly on or before the last day of the third calendar month following the end of the calendar month for which the fee is due. Each taxpayer shall, on or before the last day of the third calendar month following the end of the calendar month for which the fee is due, make out a tax return for the calendar month, in the form as prescribed by the board, which may
include, but not be limited to, electronic media in accordance with subdivision (c). The taxpayer shall deliver the return, together with a remittance of the amount of fee due, to the office of the board on or before the last day of the third calendar month following the end of the calendar month for which the fee is due. Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the board.
(b)With the approval of the board, a taxpayer who has more than one facility subject to the taxes collected and administered under this chapter, may file a combined tax return covering operations at more than one, or all, of those facilities.
(c)The form required to be submitted by the taxpayer pursuant to this section shall show, for the taxpayer and for each person from whom the taxpayer accepted hazardous waste for disposal, all of the following:
(1)The total amount of hazardous waste subject to the tax and the amount of the tax for the period covered by the return.
(2)The amount of hazardous waste disposed during the tax period that is in each of the fee categories described in Section 25174.6 of the Health and Safety Code, and the amount of disposal fees paid for each of those categories.
(3)The amount of hazardous waste received for disposal by the taxpayer’s facility or facilities that is exempt from the payment of disposal fees pursuant to Section 25174.7 of the Health and Safety Code, including a copy of any written documentation provided for any shipment or shipments of hazardous waste received by a facility.
(4)The amount of RCRA hazardous waste which is treated by the taxpayer so that
the waste is considered to be non-RCRA hazardous waste for purposes of the disposal fee, pursuant to paragraph (2) of subdivision (b) of Section 25174.6.
(d)(1)Each taxpayer shall maintain records documenting all of the following information for each person who has submitted hazardous waste for disposal by the taxpayer during each calendar month and shall make those records available for review and inspection at the request of the board or the department:
(A)The tonnage of hazardous waste submitted for disposal.
(B)The type of hazardous waste disposed as specified by Section 25174.6 of the Health and Safety Code, including both of the following:
(i)Any characterization of the hazardous waste made by the person submitting the
hazardous waste for disposal.
(ii)Any other documentation which the taxpayer maintains regarding the type of hazardous waste disposed to land.
(C)Any representation made by the person submitting the hazardous waste regarding any exemptions that may be applicable to the payment of disposal fees.
(D)For any RCRA hazardous waste which is treated by the taxpayer so that the waste is considered to be non-RCRA hazardous waste for purposes of the disposal fee, pursuant to paragraph (2) of subdivision (b) of Section 25174.6, all of the following information:
(i)The tonnage and type of hazardous waste.
(ii)The method or methods used to treat the hazardous waste.
(iii)Operating records documenting the treatment activity.
(iv)Representative and statistical waste sampling and analysis data demonstrating that the waste is no longer RCRA hazardous waste at the time of disposal.
(2)If the hazardous wastes submitted for disposal were accompanied by a manifest, the information specified in paragraph (1) shall be maintained by manifest number for each calendar month.
SEC. 56.
Section 43152 of the Revenue and Taxation Code is amended to read:43152.
(a) TheSEC. 57.
Section 43152.7 of the Revenue and Taxation Code is amended to read:43152.7.
(a) The fee imposed pursuant to Section 25205.5 of the Health and Safety Code(c)The fee imposed by Section 25205.5 of the Health and Safety Code shall be offset by any fees paid by the generator for the preceding calendar year for a local hazardous waste management program conducted by a local agency pursuant to a memorandum of understanding with the department. The amount of the credit provided under this subdivision shall not exceed an amount equal to the fees paid to the local agency or the generator fee due under Section 25205.5 of the Health and Safety Code, whichever is less. The credit for local fees paid shall not include fees required under Chapter 6.7 (commencing with Section 25280) or Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety
Code.
SEC. 58.
Section 43152.11 of the Revenue and Taxation Code is repealed.(a)The surcharge imposed pursuant to Section 25205.9 of the Health and Safety Code, which is collected and administered under Section 43055, is due and payable to the board on the last day of the second month following the end of the calendar year.
(b)The surcharge shall be incorporated into the return form prescribed by the board, which every operator subject to the fee imposed by Section 25205.5 of the Health and Safety Code is required to file and pay annually, in
accordance with Section 43152.7. The surcharge shall be in addition to the fee imposed by Section 25205.5 of the Health and Safety Code.
(c)The surcharge imposed by Section 25205.9 of the Health and Safety Code shall be offset by any fees paid by the generator during the preceding calendar year for a local hazardous waste management program conducted by a local agency pursuant to a memorandum of understanding with the department. The offset provided for under this subdivision shall be allowed to the same extent as the offset provided in subdivision (c) of Section 43152.7.
SEC. 59.
Section 43152.15 of the Revenue and Taxation Code is amended to read:43152.15.
(a) In addition to the requirements imposed pursuant to(A)The local fees are paid for the current calendar year for which the prepayment is due or the local fees are paid for the preceding calendar year, if fees have not been paid for the current year.
(B)The offset is subject to the limitations and requirements specified in subdivision (c) of Section 43152.7.
SEC. 60.
Section 43152.16 of the Revenue and Taxation Code is repealed.(a)The board shall issue refunds, if directed to do so by the department, upon making the certification specified in subdivision (d), for some, or all, of the fees imposed pursuant to Sections 25205.5 and 25205.9 of the Health and Safety Code, for hazardous waste generated in 1997.
(b)The board may issue a refund only to a generator who received a credit pursuant to Section 43152.7 or 43152.11 for fees paid for hazardous waste generated in 1996.
(c)The refund made to a generator pursuant to this section shall not exceed the generator’s credit for hazardous waste generated in 1996, or exceed the generator’s fee paid to a certified unified program agency in 1997, whichever amount is less.
(d)The board may issue refunds pursuant to this section only if the department certifies that funds for these refunds are available.