Bill Text: CA AB1383 | 2013-2014 | Regular Session | Amended
Bill Title: District-based municipal elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-05-29 - Withdrawn from committee. Re-referred to Com. on RLS. [AB1383 Detail]
Download: California-2013-AB1383-Amended.html
BILL NUMBER: AB 1383 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2014
AMENDED IN SENATE SEPTEMBER 9, 2013
AMENDED IN SENATE SEPTEMBER 6, 2013
INTRODUCED BY Assembly Member Roger Hernández
MARCH 4, 2013
An act to amend Sections 25199.3 and 25200 of, and to add
Sections 25107, 25122.10, 25178.2, 25186.4, and 25199.3.1 to, the
Health and Safety Code, and to amend Section 21151.1 of the Public
Resources Code, relating to hazardous waste. An act to
add and repeal Section 14035 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1383, as amended, Roger Hernández. Hazardous waste:
permitting. District-based municipal elections.
Existing law provides for political subdivisions that encompass
areas of representation within the state. With respect to these
areas, public officials are generally elected by all of the voters of
the political subdivision (at-large) or from districts formed within
the political subdivision (district-based). Existing law, the
California Voting Rights Act of 2001, prohibits an at-large method of
election to be imposed or applied in a manner that impairs the
ability of a protected class to elect candidates of its choice or its
ability to influence the outcome of an election, as a result of the
dilution or the abridgment of the rights of voters who are members of
a protected class, as defined.
Existing law authorizes the legislative body of a city to submit
to voters at any municipal or special election an ordinance providing
for the election of members of the legislative body by districts,
from districts, by districts with an elective mayor, or from
districts with an elective mayor. Under existing law, "by district"
means election of members of the legislative body by voters of the
district alone and "from district" means election of members of the
legislative body who are residents of the district from which they
are elected by the voters of the entire city. Existing law prescribes
the procedures for the electors to change from the election of these
members by district to election from districts or vice versa.
This bill would permit the legislative body of a city to provide
by ordinance, without submitting the ordinance to the voters of the
city for approval, for the election of members of the legislative
body by district if the voters of the city previously rejected such
an ordinance, as specified. This provision would be repealed on
December 31, 2016.
The bill would, commencing January 1, 2017, require the
legislative body of a city with a population of 100,000 or more, as
determined by the most recent federal decennial census, to provide by
ordinance, without submitting the ordinance to the voters of the
city for approval, for the election of members of the legislative
body by district. The bill would, commencing January 1, 2017, permit
the legislative body of any other city to provide by ordinance,
without submitting the ordinance to the voters of the city for
approval, for the election of members of the legislative body by
district.
The bill would require that the boundary lines of each district be
adjusted in accordance with specified provisions of law.
By requiring cities to conduct elections for members of their
legislative bodies in a specified manner, this 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(1) Existing law requires the Department of Toxic Substances
Control to post certain information regarding the status of the
hazardous waste facilities program on or before January 1 of each
odd-numbered year on its Internet Web site.
This bill would define the term "significant noncomplier" and
would require the department to develop and maintain a searchable
database that contains certain information regarding hazardous waste
facilities permits, including information regarding significant
noncompliers, for certain hazardous waste facilities.
(2) Existing law requires the department to issue a hazardous
waste facilities permit to a facility that, in the judgment of the
department, meets specified requirements. The permit is required to
be issued for a fixed term and existing law specifies a procedure for
the continuation of that term. Existing law also authorizes the
department to issue specified permits and grants of authorization to
hazardous waste facilities managing specified types of hazardous
waste, including standardized permits for hazardous waste facilities
that are not subject to the federal Resource Conservation and
Recovery Act of 1976 (RCRA). The department is required to issue a
written report regarding the issuance of a hazardous waste facilities
permit regarding the violations of specified laws or regulations by
the applicant.
This bill would prohibit the department from issuing, renewing, or
modifying a hazardous waste facilities permit for a hazardous waste
facility, as defined, if the applicant, project proponent, or any of
its affiliated entities is a significant noncomplier, unless the
department makes a specified finding.
(3) Existing law establishes procedures for a land use decision by
a local agency concerning a hazardous waste facility project, as
defined, including the requirements imposed by the Permit
Streamlining Act. An applicant for a hazardous waste facility project
is authorized to submit applications for land use decisions and for
one or more permits, including a hazardous waste facilities permit,
simultaneously. A state agency is prohibited from refusing to issue a
permit for a hazardous waste facility on the grounds that the
applicant has not been granted a local land use permit.
This bill would require an applicant for a hazardous waste
facilities permit for a hazardous waste facility project or for the
modification of a hazardous waste facilities permit for a material
expansion of a hazardous waste facility to file the application for a
hazardous waste facilities permit with the department concurrently
with the applications for any land use decisions that a local agency
may require for the hazardous waste facility. The bill would require
the department to serve as the lead agency for the issuance of the
hazardous waste facilities permit pursuant to the California
Environmental Quality Act and would require any other state agency
that is required to issue a permit and any other local agency that is
required to issue a land use decision to serve as a responsible
agency. The bill would impose a state-mandated local program by
imposing new duties upon local agencies.
The bill would require the department to take specified actions
with regard to holding hearings, providing notice, and making certain
environmental documents and other materials related to a hazardous
waste facilities permit publicly available on its Internet Web site.
The bill would require the department to prepare and certify an
environmental impact report and a health risk assessment for the
permit in a specified manner and to either reject the application for
the hazardous waste facilities permit or issue a draft hazardous
waste facilities permit. The bill would prohibit the department from
issuing a final hazardous waste facilities permit until all the local
land use decisions for the hazardous waste facility have been
issued.
(4) The California Environmental Quality Act requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report (EIR) on a project
that it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. Existing law
requires the preparation of an EIR, or the modification, addendum, or
supplement of an existing environmental impact report, for the
initial issuance of a hazardous waste facilities permit to an offsite
large treatment facility or for the initial issuance of a hazardous
waste facilities permit to a land disposal facility.
This bill would instead require the preparation of an EIR or the
modification, addendum, or supplement of an existing EIR for the
issuance of a hazardous waste facilities permit, including the
initial issuance of a permit to a land disposal facility, or the
issuance of a standardized hazardous waste facility permit or the
modification of a permit for a facility undergoing a material
expansion, as defined.
(5) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14035 is added to the
Elections Code , to read:
14035. (a) (1) Notwithstanding any other law, if the voters of a
city reject an ordinance providing for the election of members of the
legislative body by district submitted pursuant to Section 34871 of
the Government Code, the legislative body of the city may provide by
ordinance, without submitting the ordinance to the voters of the city
for approval, for the election of members of the legislative body by
district as provided in subdivision (a) or (c) of Section 34871 of
the Government Code.
(2) The boundaries of the districts of the legislative body shall
be established and adjusted in accordance with Chapter 7 (commencing
with Section 21600) of Division 21.
(b) This section shall remain in effect only until December 31,
2016, and as of that date is repealed.
SEC. 2. Section 14035 is added to the
Elections Code , to read:
14035. (a) (1) Notwithstanding any other law, the legislative
body of a city may provide by ordinance, without submitting the
ordinance to the voters of the city for approval, for the election of
members of the legislative body by district as provided in
subdivision (a) or (c) of Section 34871 of the Government Code.
(2) The boundaries of the districts of the legislative body shall
be established and adjusted in accordance with Chapter 7 (commencing
with Section 21600) of Division 21.
(b) (1) Notwithstanding any other law, the legislative body of a
city with a population of 100,000 or more, as determined by the most
recent federal decennial census, shall adopt an ordinance for the
election of members of the legislative body by district as provided
in subdivision (a) or (c) of Section 34871 of the Government Code.
(2) The boundaries of the districts of the legislative body shall
be established and adjusted in accordance with Chapter 7 (commencing
with Section 21600) of Division 21.
(c) This section shall become operative on January 1, 2017.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. All matter
omitted in this version of the bill appears in the bill as amended in
the Senate September 9, 2013. (JR11)
