Bill Text: CA AB1205 | 2015-2016 | Regular Session | Amended

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Bill Title: Hazardous waste: facilities permitting.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1205 Detail]

Download: California-2015-AB1205-Amended.html

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BILL NUMBER: AB 1205	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2016
	AMENDED IN SENATE  JULY 16, 2015
	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  APRIL 8, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Gomez
    (   Coauthors:  
Assembly Members   McCarty  
  and Rendon   ) 
    (   Coauthor:   Senator
  Hertzberg   ) 

                        FEBRUARY 27, 2015

    An act to add Chapter 10.5 (commencing with Section 5845)
to Division 5 of the Public Resources Code, relating to rivers.
  An act to amend Section 25205 of, and to add Section
25200.1.3 to, the Health and Safety Code, relating to hazardous waste
facilities. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1205, as amended, Gomez.  The California River
Revitalization and Greenway Development Act of 2015.  
Hazardous waste: facilities permitting. 
   Existing law, as part of the hazardous waste control law, requires
a facility handling hazardous waste to obtain a hazardous waste
facilities permit from the Department of Toxic Substances Control.
Existing law requires the department to impose certain conditions on
each hazardous waste facilities permit and authorizes the department
to impose other conditions on a hazardous waste facilities permit, as
specified. A violation of the hazardous waste control law is a
crime.  
   This bill would require the department, within 90 days of
receiving a renewal application for a hazardous waste facilities
permit, to hold a public meeting for specified purposes in or near
the community in which the hazardous waste facility is located. 

   Existing law prohibits the department from issuing or renewing a
permit to operate a hazardous waste facility unless the owner or
operator of the facility establishes and maintains financial
assurances.  
   This bill would require the department to review the financial
assurances required to operate a hazardous waste facility at least
once every 5 years. If the department's review finds the financial
assurances for a facility to be inadequate, the bill would require
the department to notify the owner or operator of the facility and
would require the owner or operator to update and adopt adequate
financial assurances within 90 days.  
   Because a violation of the bill's requirements would be a crime,
the bill would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law establishes various plans and programs to preserve,
protect, and rehabilitate lands adjacent to rivers in the state.
 
   The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020.  
   This bill would require the Natural Resources Agency to establish
a grant program for projects on or adjacent to riparian corridors
that, among other things, furthers the regulatory purposes of the
California Global Warming Solutions Act of 2006 and to consider the
extent to which a project reduces emissions of greenhouse gases and
provides the greatest level of specified cobenefits. The bill would
create the CalRIVER Fund in the State Treasury, with moneys in the
fund to be available upon appropriation to implement the grant
program.  
   The bill would require the secretary of the agency to develop
regulations, criteria, or procedural guidelines for the
implementation of the grant program. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 25200.1.3 is added to the 
 Health and Safety Code   , to read:  
   25200.1.3.  The department shall, within 90 days of receiving a
renewal application for a hazardous waste facilities permit, hold a
public meeting in or near the community in which the hazardous waste
facility is located in order to inform the public of the submission
of the renewal application, the process for reviewing and making a
decision on the renewal application, how the public can participate
in the process, and the facility's enforcement history. 
   SEC. 2.    Section 25205 of the   Health and
Safety Code   is amended to read: 
   25205.  (a)  Except as provided in Section  25245.5,
  25245.4,  the department shall not issue or renew
a permit to operate a hazardous waste facility unless the owner or
operator of the facility establishes and maintains the financial
assurances required pursuant to Article 12 (commencing with Section
25245).
   (b)  The grant of interim status of a facility, or any portion
thereof, that is operating under a grant of interim status pursuant
to Section 25200.5, based on the facility having been in existence on
November 19, 1980, shall terminate on July 1, 1997, unless the
department certifies, on or before July 1, 1997, that the facility is
in compliance with the financial assurance requirements of Article
12 (commencing with Section 25245) for a facility in operation since
November 19, 1980, for all units, tanks, and equipment for which the
facility has authorization to operate pursuant to its grant of
interim status. 
   (c) The department shall review the financial assurances required
to operate a hazardous waste facility at least once every five years.
If the department's review finds the financial assurances for a
facility to be inadequate, the department shall notify the owner or
operator of the facility and require the owner or operator to update
and adopt adequate financial assurances within 90 days. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) Efforts to reduce greenhouse gas emissions and enhance carbon
sequestration on river systems will have significant economic,
social, and environmental cobenefits and can aid progress on efforts
to prepare for climate change risks.
   (b) Investing in river systems allows for cobenefits, including
protection of water supply and water quality, air quality, species
habitat, recreation, jobs, flood protection, reduced heat-island
effects, and reduced energy use.
   (c) To ensure resilience and proper carbon management of these
river systems, an integrated program must be developed to maximize
the carbon management of the systems as well as effectively use
existing state and regional funding.  
       
  SEC. 2.    Chapter 10.5 (commencing with Section
5845) is added to Division 5 of the Public Resources Code, to read:
      CHAPTER 10.5.  THE CALIFORNIA RIVER REVITALIZATION AND GREENWAY
DEVELOPMENT ACT OF 2015


   5845.  This chapter shall be known, and may be cited, as CalRIVER.

   5846.  It is the intent of the Legislature that, in an effort to
reduce greenhouse gas emissions and increase greenhouse gas
sequestration, the state shall protect, restore, and enhance a
network of river systems and their riparian corridors to increase
water retention, improve water quality, improve urban greening and
urban reforestation, reduce the heat-island effect, increase active
transportation, such as biking and walking, improve nonmotorized
mobility in the surrounding communities, and decrease vehicle miles
traveled.
   5847.  (a) The Natural Resources Agency shall establish a grant
program for projects on or adjacent to riparian corridors that
furthers the regulatory purposes of the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code) and meets the requirements of the
Greenhouse Gas Reduction Fund Investment Plan and Communities
Revitalization Act (Chapter 4.1 (commencing with Section 39710) of
Part 2 of Division 26 of the Health and Safety Code).
   (b) To be eligible for funding under the program, a project shall
demonstrate that it will achieve a reduction in emissions of
greenhouse gases. In selecting projects for funding, the Natural
Resources Agency, in consultation with the State Air Resources Board,
shall consider the extent to which a project reduces emissions of
greenhouse gases.
   (c) In evaluating grant applications for funding, the Natural
Resources Agency shall, in addition to prioritizing projects pursuant
to subdivision (b), consider the extent to which a project provides
the greatest level of the following cobenefits:
   (1) Recreational access to and improved human interaction with a
river or riparian corridor, especially in urban corridors and
park-starved communities.
   (2) Improved transportation mobility, especially pedestrian,
bicycle, and public transit.
   (3) Economic viability of the surrounding community by promoting
appropriate development, especially in an urban setting.
   (4) Development of visitor-serving and interpretive facilities.
   (5) Access and development of pocket parks, community gardens,
demonstration gardens, and other urban greening.
   (6) Species protections and the protection of habitat strongholds,
including improved wildlife corridors.
   (7) Improved resiliency in the face of unavoidable impacts from
climate change.
   (8) Improved water supply, flood protection, and water quality,
including the water quality of impaired water bodies through river
restoration.
   (9) Job training and workforce development, especially projects
that involve disadvantaged youth and veterans.
   (10) Improved stormwater retention.
   (d) Projects receiving funding pursuant to this chapter shall also
be consistent with both of the following:
   (1) The California Water Action Plan published by the Governor.
   (2) The Safeguarding California Plan published by the Natural
Resources Agency.
   (e) Projects receiving funding pursuant to this chapter for flood
protection shall be consistent, as applicable, with Chapter 4
(commencing with Section 8400) of Part 2 of Division 5, Part 6
(commencing with Section 9600) of Division 5, and Part 9 (commencing
with Section 12980) of Division 6, of the Water Code.
   (f) The Natural Resources Agency shall also prioritize funding
pursuant to this chapter for projects with the following
characteristics:
   (1) Are consistent with a parkway, greenway, or urban greening
plan.
   (2) Leverage moneys from the Water Quality, Supply, and
Infrastructure Improvement Act of 2014, approved by the voters as
Proposition 1 at the November 4, 2014, statewide general election.
   (3) Provide recreational access and opportunities to major
metropolitan areas of the state, including those that are relatively
underserved by parks.
   5848.  The CalRIVER fund is hereby created in the State Treasury
to be administered by the Natural Resources Agency. The moneys in the
CalRIVER Fund, upon appropriation by the Legislature, shall be
expended by the Natural Resources Agency in accordance with this
chapter. The Legislature may transfer moneys to the fund from bond
proceeds and special funds, including, but not limited to, the
Greenhouse Gas Reduction Fund, created by Section 16428.8 of the
Government Code.
   5849.  The secretary shall develop regulations, criteria, or
procedural guidelines for the implementation of this chapter.