Bill Text: CA AB408 | 2011-2012 | Regular Session | Chaptered


Bill Title: Environment: hazardous substances and materials:

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2011-10-08 - Chaptered by Secretary of State - Chapter 603, Statutes of 2011. [AB408 Detail]

Download: California-2011-AB408-Chaptered.html
BILL NUMBER: AB 408	CHAPTERED
	BILL TEXT

	CHAPTER  603
	FILED WITH SECRETARY OF STATE  OCTOBER 8, 2011
	APPROVED BY GOVERNOR  OCTOBER 8, 2011
	PASSED THE SENATE  AUGUST 31, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2011
	AMENDED IN SENATE  AUGUST 29, 2011
	AMENDED IN SENATE  AUGUST 22, 2011
	AMENDED IN SENATE  JULY 13, 2011
	AMENDED IN ASSEMBLY  APRIL 12, 2011

INTRODUCED BY   Assembly Members Wieckowski, Logue, and Miller

                        FEBRUARY 14, 2011

   An act to amend Sections 13009.6, 25160.2, 25210.6, 25217,
25217.1, 25217.2, 25217.3, 25217.4, 25404, 25404.2, 25503.5, 25509,
and 25509.2 of, to amend the heading of Article 10.7 (commencing with
Section 25217) of Chapter 6.5 of Division 20 of, and to add Section
25217.2.1 to, the Health and Safety Code, and to amend Sections
48701, 48703, and 48705 of the Public Resources Code, relating to the
environment, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 408, Wieckowski. Environment: hazardous substances and
materials: hazardous waste transportation: paint recycling.
    (1) Existing law provides that the expense of a public agency's
emergency response to the release, escape, or burning of hazardous
substances is a charge against the person whose negligence caused the
incident if the incident necessitated an evacuation beyond the
property of origin or results in the spread of hazardous substances
or fire beyond the property of origin. Existing law defines
"hazardous substance" for purposes of these provisions.
   This bill would instead provide that these expenses are a charge
against the person whose negligence caused the incident if the
incident necessitated an evacuation from the building, structure,
property, or public right-of-way where the incident originates, or
the incident results in the spread of hazardous substances or fire
beyond the building, structure, property, or public right-of-way
where the incident originates. The bill would also revise the
definition of "hazardous substance" for purposes of these provisions.

   (2) Existing law requires any person generating hazardous waste
that is transported, or submitted for transportation, for offsite
handling, treatment, storage, disposal, or any combination thereof,
to complete a manifest and establishes a procedure for a consolidated
manifest to be used by generators and transporters for certain types
of hazardous waste. A generator using the consolidated manifesting
procedure is required to meet specified requirements, including
having an identification number. A violation of the hazardous waste
control laws is a crime.
   This bill would allow the consolidating manifesting procedure to
be used for the receipt, by a transporter, of one shipment of used
oil from a generator whose identification number has been suspended,
if certain requirements are met. The bill would provide that this
exemption would become inoperative on and after January 1, 2014.
Since a violation of these requirements would be a crime, the bill
would impose a state-mandated local program.
   (3) Existing law defines the term recyclable latex paint and
prohibits any person from disposing of latex paint in a specified
manner. Existing law allows recyclable latex paint to be accepted at
a location if specified requirements are met concerning the
management of that paint and exempts a person transporting recyclable
latex paint from the manifest and hazardous waste transportation
requirements. Existing law also exempts a person recycling recyclable
latex paint from hazardous waste facilities permitting requirements.

   This bill would revise those provisions to allow a location that
accepts recyclable latex paint to also accept oil-based paint, as
defined, under specified circumstances with regard to the
establishment and operation of the location under the architectural
paint recovery program administered by the Department of Resources
Recycling and Recovery (CalRecycle). The bill would additionally
prohibit the disposal of oil-based paint in that specified manner and
would impose additional requirements upon the collection of
recyclable latex paint. The bill would require a person to recycle,
treat, store, or dispose of oil-based paint only at a facility that
is authorized by the department pursuant to the applicable hazardous
waste facilities permit requirements or at an out-of-state facility
authorized by the state where the facility is located. Because a
violation of these requirements would be a crime, the bill would
impose a state-mandated local program by creating new crimes.
   (4) Existing law requires a business that handles a hazardous
material to adopt a business plan for response to the release of
hazardous materials, and to annually submit an inventory to the local
administering agency if the business handles a specified amount of
hazardous materials at any one time during the reporting year.
   This bill would additionally require a business to adopt the plan
or inventory for specified lesser or greater amounts of various
classes of hazardous materials if the hazardous materials meet
certain requirements. The bill would add exemptions for certain
oil-filled electrical equipment and mineral oil contained within
certain electrical equipment. The bill also would revise the
exemption for the on-premise use or storage of propane. The
administering agency would be required to make findings regarding the
regulation of certain of these hazardous materials in consultation
with the local fire chief. The bill would impose a state-mandated
local program by imposing new duties upon administering agencies with
regard to business plans.
    (5) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program. A city or local agency that
meets specified requirements is authorized to apply to the secretary
to implement the unified program, and every county is required to
apply to the secretary to be certified to implement the unified
program.
   This bill would additionally include, in the unified program,
persons operating a collection location that has been established
under an architectural paint stewardship plan approved by CalRecycle
as part of the architectural paint recovery program, thereby imposing
a state-mandated local program by imposing new duties upon local
agencies.
   (6) The bill would make conforming changes regarding the
California Fire Code to provisions regarding the unified hazardous
waste and hazardous materials management regulatory program and the
business plan requirements.
   (7) The California Integrated Waste Management Act of 1989,
administered by CalRecycle, establishes an architectural paint
recovery program that requires a manufacturer or designated
stewardship organization to submit an architectural paint stewardship
plan to CalRecycle and to implement the plan, as specified. A
manufacturer is required to submit a report to CalRecycle by July 1,
2013, and each year thereafter, describing its paint recovery
efforts.
   This bill would revise the definition of the term "architectural
paint" for purposes of the program and would require the annual
report to be submitted on or before September 1. The bill would make
other technical revisions to the program.
   (8) This bill would incorporate additional changes in Section
25217.2 of the Health and Safety Code, proposed in AB 255, that would
become operative only if AB 255 and this bill are both chaptered and
become effective on or before January 1, 2012, and this bill is
chaptered last, in which case Section 25217.2 of the Health and
Safety Code, as amended by this bill, would remain operative only
until the operative date of AB 255, at which time the changes
proposed by both bills would become operative.
   (9) This bill would incorporate additional changes in Section
25404 of the Health and Safety Code, proposed in SB 456, that would
become operative only if SB 456 and this bill are both chaptered and
become effective on or before January 1, 2012, and this bill is
chaptered last, in which case Section 25404 of the Health and Safety
Code, as amended by this bill, would remain operative only until the
operative date of SB 456, at which time the changes proposed by both
bills would become operative.
   (10) 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 specified reasons.
   (11) The bill would declare that it is to take effect immediately
as an urgency statute.


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

  SECTION 1.  Section 13009.6 of the Health and Safety Code is
amended to read:
   13009.6.  (a) (1) Those expenses of an emergency response
necessary to protect the public from a real and imminent threat to
health and safety by a public agency to confine, prevent, or mitigate
the release, escape, or burning of hazardous substances described in
subdivision (c) are a charge against any person whose negligence
causes the incident, if either of the following occurs:
   (A) Evacuation from the building, structure, property, or public
right-of-way where the incident originates is necessary to prevent
loss of life or injury.
   (B) The incident results in the spread of hazardous substances or
fire posing a real and imminent threat to public health and safety
beyond the building, structure, property, or public right-of-way
where the incident originates.
   (2) Expenses reimbursable to a public agency under this section
are a debt of the person liable therefor, and shall be collectible in
the same manner as in the case of an obligation under contract,
express or implied.
   (3) The charge created against the person by this subdivision is
also a charge against the person's employer if the negligence causing
the incident occurs in the course of the person's employment.
   (4) The public agencies participating in an emergency response
meeting the requirements of paragraph (1) of this subdivision may
designate one or more of the participating agencies to bring an
action to recover the expenses incurred by all of the designating
agencies which are reimbursable under this section.
   (5) An action to recover expenses under this section may be joined
with any civil action for penalties, fines, injunctive, or other
relief brought against the responsible person or employer, or both,
arising out of the same incident.
   (b) There shall be deducted from any amount otherwise recoverable
under this section, the amount of any reimbursement for eligible
costs received by a public agency pursuant to Chapter 6.8 (commencing
with Section 25300) of Division 20. The amount so reimbursed may be
recovered as provided in Section 25360.
   (c) As used in this section, "hazardous substance" means any
hazardous substance listed in Section 25316 or subdivision (q) of
Section 25501 of this code, or in Section 6382 of the Labor Code.
   (d) As used in this section, "mitigate" includes actions by a
public agency to monitor or model ambient levels of airborne
hazardous substances for the purpose of determining or assisting in
the determination of whether or not to evacuate areas around the
property where the incident originates, or to determine or assist in
the determination of which areas around the property where the
incident originates should be evacuated.
  SEC. 2.  Section 25160.2 of the Health and Safety Code is amended
to read:
   25160.2.  (a) In lieu of the procedures prescribed by Sections
25160 and 25161, transporters and generators of hazardous waste
meeting the conditions in this section may use the consolidated
manifesting procedure set forth in subdivision (b) to consolidate
shipments of waste streams identified in subdivision (c) collected
from multiple generators onto a single consolidated manifest.
   (b) The following consolidated manifesting procedure may be used
only for non-RCRA hazardous waste or for RCRA hazardous waste that is
not required to be manifested pursuant to the federal act or the
federal regulations adopted pursuant to the federal act and
transported by a registered hazardous waste transporter, and used
only with the consent of the generator:
   (1) A separate manifest shall be completed by each vehicle driver,
with respect to each transport vehicle operated by that driver for
each date.
   (2) The transporter shall complete both the generator's and the
transporter's section of the manifest using the transporter's name,
identification number, terminal address, and telephone number. The
generator's and transporter's sections shall be completed prior to
commencing each day's collections. The driver shall sign and date the
generator's and transporter's sections of the manifest.
   (3) The transporter shall attach to the front of the manifest
legible receipts for each quantity of hazardous waste that is
received from a generator. The receipts shall be used to determine
the total volume of hazardous waste in the vehicle. After the
hazardous waste is delivered, the receipts shall be affixed to the
transporter's copy of the manifest. The transporter shall leave a
copy of the receipt with the generator of the hazardous waste. The
generator shall retain each receipt for at least three years. This
period of retention is extended automatically during the course of
any unresolved enforcement action regarding the regulated activity or
as requested by the department or a certified unified program
agency.
   (4) All copies of each receipt shall contain all of the following
information:
   (A) The name, address, identification number, contact person, and
telephone number of the generator, and the signature of the generator
or the generator's representative.
   (B) The date of the shipment.
   (C) The manifest number.
   (D) The volume or quantity of each waste stream received, its
California and RCRA waste codes, the wastestream type listed in
subdivision (c), and its proper shipping description, including the
hazardous class and United Nations/North America (UN/NA)
identification number, if applicable.
   (E) The name, address, and identification number of the authorized
facility to which the hazardous waste will be transported.
   (F) The transporter's name, address, and identification number.
   (G) The driver's signature.
   (H) A statement, signed by the generator, certifying that the
generator has established a program to reduce the volume or quantity
and toxicity of the hazardous waste to the degree, as determined by
the generator, to be economically practicable.
   (5) The transporter shall enter the total volume or quantity of
each waste stream transported on the manifest at the change of each
date, change of driver, or change of transport vehicle. The total
volume or quantity shall be the cumulative amount of each waste
stream collected from the generators listed on the individual
receipts. In lieu of submitting a copy of each manifest used, a
facility operator may submit an electronic report to the department
meeting the requirements of Section 25160.3.
   (6) The transporter shall submit the generator copy of the
manifest to the department within 30 days of each shipment.
   (7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years. This period of retention is extended automatically during the
course of any unresolved enforcement action regarding the regulated
activity or as requested by the department or a certified unified
program agency.
   (8) The transporter shall submit all copies of the manifest to the
designated facility. A representative of the designated facility
that receives the hazardous waste shall sign and date the manifest,
return two copies to the transporter, retain one copy, and send the
original to the department within 30 days.
   (9) All other manifesting requirements of Sections 25160 and 25161
shall be complied with unless specifically exempted under this
section. If an out-of-state receiving facility is not required to
submit the signed manifest copy to the department, the consolidated
transporter, acting as generator, shall submit a copy of the manifest
signed by the receiving facility to the department pursuant to
paragraph (3) of subdivision (b) of Section 25160.
   (10) Except as provided by subdivision (e), each generator using
the consolidated manifesting procedure shall have an identification
number, unless exempted from manifesting requirements by action of
Section 25143.13 for generators of photographic waste less than 100
kilograms per calendar month.
   (c) The consolidated manifesting procedure set forth in
subdivision (b) may be used only for the following waste streams and
in accordance with the conditions specified below for each waste
stream:
   (1) Used oil and the contents of an oil/water separator, if the
separator is a catch basin, clarifier, or similar collection device
that is used to collect water containing residual amounts of one or
more of the following: used oil, antifreeze, or other substances and
contaminants associated with activities that generate used oil and
antifreeze.
   (2) The wastes listed in subparagraph (A) may be manifested under
the procedures specified in this section only if all of the
requirements specified in subparagraphs (B) and (C) are satisfied.
   (A) Wastes eligible for consolidated manifesting:
   (i) Solids contaminated with used oil.
   (ii) Brake fluid.
   (iii) Antifreeze.
   (iv) Antifreeze sludge.
   (v) Parts cleaning solvents, including aqueous cleaning solvents.
   (vi) Hydroxide sludge contaminated solely with metals from a
wastewater treatment process.
   (vii) "Paint-related" wastes, including paints, thinners, filters,
and sludges.
   (viii) Spent photographic solutions.
   (ix) Dry cleaning solvents (including percholoroethylene, naphtha,
and silicone based solvents).
   (x) Filters, lint, and sludges contaminated with dry cleaning
solvent.
   (xi) Asbestos and asbestos-containing materials.
   (xii) Inks from the printing industry.
   (xiii) Chemicals and laboratory packs collected from K-12 schools.

   (xiv) Absorbents contaminated with other wastes listed in this
section.
   (xv) Filters from dispensing pumps for diesel and gasoline fuels.
   (xvi) Any other waste, as specified in regulations adopted by the
department.
   (B) The generator does not generate more than 1,000 kilograms per
calendar month of hazardous waste and meets the conditions of
paragraph (1) of subdivision (h) of Section 25123.3. For the purpose
of calculating the 1,000 kilograms per calendar month limit described
in this section, the generator may exclude the volume of used oil
and the contents of the oil/water separator that is managed pursuant
to paragraph (1) of subdivision (c).
   (C) (i) The generator enters into an agreement with the
transporter in which the transporter agrees that the transporter will
submit a confirmation to the generator that the hazardous waste was
transported to an authorized hazardous waste treatment facility for
appropriate treatment. The agreement may provide that the hazardous
waste will first be transported to a storage or transfer facility in
accordance with the applicable provisions of law.
   (ii) The treatment requirement specified in clause (i) does not
apply to asbestos, asbestos-containing materials, and chemicals and
laboratory packs collected from K-12 schools, or any other waste
stream for which the department determines there is no reasonably
available treatment methodology or facility. These wastes shall be
transported to an authorized facility.
   (d) Transporters using the consolidated manifesting procedure set
forth in this section shall submit quarterly reports to the
department 30 days after the end of each quarter. The first quarterly
report shall be submitted on October 31, 2002, covering the July to
September 2002 period, and every three months thereafter. Except as
otherwise specified in paragraph (1), the quarterly report shall be
submitted in an electronic format provided by the department.
   The department shall make all of the information in the quarterly
reports submitted pursuant to this subdivision available to the
public, through its usual means of disclosure, except the department
shall not disclose the association between any specific transporter
and specific generator. The list of generators served by a
transporter shall be deemed to be a trade secret and confidential
business information for purposes of Section 25173 and Section
66260.2 of Title 22 of the California Code of Regulations.
   (1) Transporters that use the consolidated manifesting procedure
for less than 1,000 tons per calendar year may apply to the
department to continue submitting paper format reports.
   (2) For each transporter's name, terminal address, and
identification number, the quarterly report shall include the
following information for each generator for each consolidated
manifest:
   (A) The name, address, and identification number, the contact
person's name, and the telephone number of each generator.
   (B) The date of the shipment.
   (C) The manifest number.
   (D) The volume or quantity of each waste stream received, its
California and RCRA waste code, and the wastestream category listed
in subdivision (c).
   (e) (1) A transporter may accept and include on a consolidated
manifest a maximum of one shipment of used oil from a generator whose
identification number has been suspended for a violation of Section
25205.16.
   (2) If a transporter accepts a shipment of used oil pursuant to
paragraph (1), the transporter shall do both of the following:
   (A) Verify that the generator's identification number was
suspended for a violation of Section 25205.16.
   (B) Notify the department within 24 hours that it accepted the
shipment from the generator.
   (3) If a generator offers a shipment of used oil to a transporter
pursuant to paragraph (1), the generator shall do both of the
following:
   (A) Notify the department within 24 hours that a transporter
accepted a shipment.
   (B) Comply with Section 25205.16 within 30 days from the date the
transporter accepted the shipment.
   (4) This subdivision shall become inoperative on and after January
1, 2014.
  SEC. 3.  Section 25210.6 of the Health and Safety Code is amended
to read:
   25210.6.  (a) On or before December 31, 2005, the department shall
adopt regulations specifying the best management practices for a
person managing perchlorate materials. These practices may include,
but are not limited to, all of the following:
   (1) Procedures for documenting the amount of perchlorate materials
managed by the facility.
   (2) Management practices necessary to prevent releases of
perchlorate materials, including, but not limited to, containment
standards, usage, processing and transferring practices, and spill
response procedures.
   (b) (1) The department shall consult with the State Air Resources
Board, the Office of Environmental Health Hazard Assessment, the
State Water Resources Control Board, the California Emergency
Management Agency, the State Fire Marshal, and the California
certified unified program agencies forum before adopting regulations
pursuant to subdivision (a).
   (2) The department shall also, before adopting regulations
pursuant to subdivision (a), review existing federal, state, and
local laws governing the management of perchlorate materials to
determine the degree to which uniform and adequate requirements
already exist, so as to avoid any unnecessary duplication of, or
interference with the application of, those existing requirements.
   (3) In adopting regulations pursuant to subdivision (a), the
department shall ensure that those regulations are at least as
stringent as, and to the extent practical consistent with, the
existing requirements of Chapter 6.95 (commencing with Section 25500)
and the California Fire Code governing the management of perchlorate
materials.
   (c) The regulations adopted by the department pursuant to this
section shall be adopted as emergency regulations in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and for the purposes of that
chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, including
subdivision (e) of Section 11346.1 of the Government Code, any
emergency regulations adopted pursuant to this section shall be filed
with, but not be repealed by, the Office of Administrative Law and
shall remain in effect until revised by the department.
   (d) The department may implement an outreach effort to educate
persons who manage perchlorate materials concerning the regulations
promulgated pursuant to subdivision (a).
  SEC. 4.  The heading of Article 10.7 (commencing with Section
25217) of Chapter 6.5 of Division 20 of the Health and Safety Code is
amended to read:

      Article 10.7.  Recyclable Latex Paint and Oil-Based Paint


  SEC. 5.  Section 25217 of the Health and Safety Code is amended to
read:
   25217.  For the purposes of this article, the following
definitions shall apply:
   (a) "Conditionally exempt small quantity generator" or "CESQG"
means a business concern that meets the criteria for a generator
specified in Section 261.5 of Title 40 of the Code of Federal
Regulations.
   (b) "Consolidation location" means a location to which recyclable
latex paint or oil-based paint initially collected at a collection
location is transported.
   (c) "Oil-based paint" means a paint that contains drying oil, oil
varnish, or oil-modified resin as the basic vehicle ingredient.
   (d) "Paint" includes both oil-based paint and recyclable latex
paint that is collected in accordance with this article.
   (e) "Recyclable latex paint" means any water-based latex paint,
still in liquid form, that is transferred for the purposes of being
recycled.
  SEC. 6.  Section 25217.1 of the Health and Safety Code is amended
to read:
   25217.1.  No person shall dispose of, or attempt to dispose of,
liquid latex paint or oil-based paint in the land or into the waters
of the state unless authorized by applicable provisions of law.
  SEC. 7.  Section 25217.2 of the Health and Safety Code is amended
to read:
   25217.2.  Recyclable latex paint may be accepted at any location
if all of the following conditions are met:
   (a) The location manages the recyclable latex paint in accordance
with all applicable latex paint product management procedures
specified by federal, state, or local law or regulation that include,
at a minimum, that the recyclable latex paint is stored and handled
in a manner that minimizes the chance of exposing the handler and the
environment to potentially hazardous constituents that may be in, or
have been incidentally added to, the recyclable latex paint.
   (b) The recyclable latex paint is still in liquid form and is in
its original packaging or is in a closed container that is clearly
labeled.
   (c) Any latex paint that is accepted as recyclable by the location
and that is later discovered to be nonrecyclable shall be deemed to
be a waste generated at the location where this discovery is made and
this latex paint shall be managed as a waste in accordance with this
chapter.
   (d) The owner or operator of the location has a business plan that
meets the requirements of Section 25504, if required by the
administrating agency, including, but not limited to, emergency
response plans and procedures, as described in subdivision (b) of
Section 25504. The plans and procedures shall specifically address
recyclable latex paint or meet the department's emergency response
and contingency requirements which are applicable to generators of
hazardous waste.
   (e) If the recyclable latex paint is not excluded or exempted from
regulation under Chapter I (commencing with Section 1.1) of Title 40
of the Code of Federal Regulations, the location meets all
applicable federal requirements.
   (f) The recyclable latex paint is stored for no longer than 180
days.
  SEC. 7.5.  Section 25217.2 of the Health and Safety Code is amended
to read:
   25217.2.  (a) Recyclable latex paint may be accepted at any
location including, but not limited to, a permanent household
hazardous waste collection facility in accordance with subdivision
(b), if all of the following conditions are met:
   (1) The location manages the recyclable latex paint in accordance
with all applicable latex paint product management procedures
specified by federal, state, or local law or regulation that include,
at a minimum, that the recyclable latex paint is stored and handled
in a manner that minimizes the chance of exposing the handler and the
environment to potentially hazardous constituents that may be in, or
have been incidentally added to, the recyclable latex paint.
   (2) The recyclable latex paint is still in liquid form and is in
its original packaging or is in a closed container that is clearly
labeled.
   (3) Any latex paint that is accepted as recyclable by the location
and that is later discovered to be nonrecyclable shall be deemed to
be a waste generated at the location where this discovery is made and
this latex paint shall be managed as a waste in accordance with this
chapter.
   (4) The owner or operator of the location has a business plan that
meets the requirements of Section 25504, if required by the
administrating agency, including, but not limited to, emergency
response plans and procedures, as described in subdivision (b) of
Section 25504. The plans and procedures shall specifically address
recyclable latex paint or meet the department's emergency response
and contingency requirements which are applicable to generators of
hazardous waste.
   (5) If the recyclable latex paint is not excluded or exempted from
regulation under Chapter I (commencing with Section 1.1) of Title 40
of the Code of Federal Regulations, the location meets all
applicable federal requirements.
   (6) The recyclable latex paint is stored for no longer than 180
days.
   (b) (1) For purposes of this subdivision the following definitions
shall apply:
   (A) "CESQG" means a conditionally exempt small quantity generator,
as specified in subdivision (a) of Section 25218.1.
   (B) "Permanent household hazardous waste collection facility" has
the same meaning as defined in subdivision (h) of Section 25218.1.
   (2) A permanent household hazardous waste collection facility that
is authorized to accept hazardous waste from a CESQG pursuant to
Section 25218.3 may accept recyclable latex paint from any generator
in accordance with this article if the permanent household hazardous
waste collection facility does all of the following:
   (A) Complies with subdivision (a).
   (B) Sends the recyclable latex paint, for recycling, to a latex
paint recycling facility operating pursuant to this article.
   (C) Maintains a monthly log of the volume of latex paint collected
from each generator and submits that information annually with the
report submitted pursuant to Section 25218.9 for household hazardous
waste collected from household hazardous waste generators.
   (3) A permanent household hazardous waste collection facility that
takes the actions specified in paragraph (2) is not subject to
subdivision (b) of Section 25218.3.
   (4) A permanent household waste collection facility may take the
action specified in paragraph (2) notwithstanding any permit
condition imposed upon the facility, a regulation adopted by the
department to ensure a household hazardous waste collection facility
does not accept hazardous waste from a commercial generator other
than a CESQG, or the status of the generator.
  SEC. 8.  Section 25217.2.1 is added to the Health and Safety Code,
to read:
   25217.2.1.  (a) A location that accepts recyclable latex paint
pursuant to Section 25217.2 may also accept oil-based paint if all of
the additional following conditions are met:
   (1) The collection location is established under an architectural
paint stewardship plan approved by the Department of Resources
Recycling and Recovery pursuant to the architectural paint recovery
program established pursuant to Chapter 5 (commencing with Section
48700) of Part 7 of Division 30 of the Public Resources Code.
   (2) The collection location receives oil-based paint only from
either of the following:
   (A) A person who generates oil-based paint incidental to owning or
maintaining a place of residence.
   (B) A conditionally exempt small quantity generator.
   (3) The oil-based paint is still in liquid form and is in its
original packaging or is in a closed container that is clearly
labeled.
   (4) The location manages the oil-based paint in accordance with
the requirements in Section 25217.2.
   (5) The collection location operates pursuant to a contract with a
manufacturer or paint stewardship organization that has submitted an
architectural paint stewardship plan that has been approved by the
Department of Resources Recycling and Recovery and the collected
paint is managed in accordance with that approved architectural paint
stewardship plan.
   (6) The oil-based paint is stored for no longer than 180 days.
   (b) Oil-based paint initially collected at a collection location
shall be deemed to be generated at the consolidation location for
purposes of this chapter, if all of the following apply:
   (1) The collection location is established under an architectural
paint stewardship plan in accordance with the requirements of
paragraph (1) of subdivision (a).
   (2) The oil-based paint is subsequently transported to a
consolidation location that is operating pursuant to a contract with
a manufacturer or paint stewardship organization under an
architectural paint stewardship plan that has been approved by the
Department of Resources Recycling and Recovery pursuant to the
architectural paint recovery program established pursuant to Chapter
5 (commencing with Section 48700) of Part 7 of Division 30 of the
Public Resources Code.
   (3) The oil-based paint is non-RCRA hazardous waste, or is
otherwise exempt from, or is not otherwise regulated pursuant to, the
federal act.
  SEC. 9.  Section 25217.3 of the Health and Safety Code is amended
to read:
   25217.3.  (a) Notwithstanding Sections 25160 and 25163, a person
may transport paint collected in accordance with this article without
the use of a manifest or obtaining registration as a hazardous waste
hauler if the transporter complies with this article.
   (b) A person transporting paint collected in accordance with this
article shall use a bill of lading to document the transportation of
the paint from collection locations, or any interim locations, to a
consolidation site, whenever the transportation involves a change in
ownership of the paint. A copy of the bill of lading shall be kept by
the originating location, transporter, and destination of the paint
for a period of at least three years and shall include all of the
following information:
                                                           (1) The
name, address, and telephone number of the originating location, the
transporter, and the destination of the paint.
   (2) The quantity of the paint being transported.
   (3) The date on which the transporter accepts the paint from the
originating location.
   (4) The signatures of the transporter and a representative of the
originating location.
  SEC. 10.  Section 25217.4 of the Health and Safety Code is amended
to read:
   25217.4.  (a) A person may recycle recyclable latex paint at a
facility which is not authorized by the department pursuant to the
applicable hazardous waste facilities permit requirements of Article
9 (commencing with Section 25200) if the person complies with Section
25217.2.
   (b) A person shall recycle, treat, store, or dispose of oil-based
paint that has been collected pursuant to this article only at a
facility that is authorized by the department pursuant to the
applicable hazardous waste facilities permit requirements of Article
9 (commencing with Section 25200) to recycle, treat, store, or
dispose of hazardous waste, or at an out-of-state facility that is
authorized to recycle, treat, store, or dispose of oil-based paint in
the state where the facility is located.
  SEC. 11.  Section 25404 of the Health and Safety Code is amended to
read:
   25404.  (a) For purposes of this chapter, the following terms
shall have the following meanings:
   (1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
   (B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
   (C) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
   (2) "Department" means the Department of Toxic Substances Control.

   (3) "Minor violation" means the failure of a person to comply with
a requirement or condition of an applicable law, regulation, permit,
information request, order, variance, or other requirement, whether
procedural or substantive, of the unified program that the UPA is
authorized to implement or enforce pursuant to this chapter, and that
does not otherwise include any of the following:
   (A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
   (B) A knowing, willful, or intentional violation.
   (C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
   (D) A violation that results in an emergency response from a
public safety agency.
   (E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
   (F) A class I violation as provided in Section 25117.6.
   (G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
   (H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
   (4) "Secretary" means the Secretary for Environmental Protection.
   (5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
   (6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a unified
program facility permit encompasses the permitting requirements of
Section 25284, and permit or authorization requirements under a local
ordinance or regulation relating to the generation or handling of
hazardous waste or hazardous materials, but does not encompass the
permitting requirements of a local ordinance that incorporates
provisions of the California Fire Code or the California Building
Code.
   (b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in close
consultation with the director, the Secretary of California
Emergency Management, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
   (c) The unified program shall consolidate the administration of
the following requirements and, to the maximum extent feasible within
statutory constraints, shall ensure the coordination and consistency
of any regulations adopted pursuant to those requirements:
   (1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, that are
applicable to all of the following:
   (i) Hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
   (ii) Persons managing perchlorate materials.
   (iii) Persons subject to Article 10.1 (commencing with Section
25211) of Chapter 6.5.
   (iv) Persons operating a collection location that has been
established under an architectural paint stewardship plan approved by
the Department of Resources Recycling and Recovery pursuant to the
architectural paint recovery program established pursuant to Chapter
5 (commencing with Section 48700) of Part 7 of Division 30 of the
Public Resources Code.
   (B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
   (i) A corrective action order issued by the department pursuant to
Section 25187.
   (ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
   (iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
   (iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
   (v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
   (vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
   (C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
   (2) The requirements of Chapter 6.67 (commencing with Section
25270) concerning aboveground storage tanks.
   (3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
   (B) The unified program shall not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
   (C) The unified program shall not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
   (4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
   (5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
   (6) The requirements of Sections 2701.5.1 and 2701.5.2 of the
California Fire Code, as adopted by the State Fire Marshal pursuant
to Section 13143.9 concerning hazardous material management plans and
inventories.
   (d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
   (e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
   (2) (A) No later than January 1, 2010, the secretary shall
establish a statewide information management system capable of
receiving all data collected by the unified program agencies and
reported by regulated businesses pursuant to this subdivision and
Section 25504.1, in a manner that is most cost efficient and
effective for both the regulated businesses and state and local
agencies. The secretary shall prescribe an XML or other compatible
Web-based format for the transfer of data from CUPAs and regulated
businesses and make all nonconfidential data available on the
Internet.
   (B) The secretary shall establish milestones to measure the
implementation of the statewide information management system and
shall provide periodic status updates to interested parties.
   (3) (A) (i) Except as provided in subparagraph (B), in addition to
any other funding that becomes available, the secretary shall
increase the oversight surcharge provided for in subdivision (b) of
Section 25404.5 by an amount necessary to meet the requirements of
this subdivision for a period of three years, to establish the
statewide information management system, consistent with paragraph
(2). The increase in the oversight surcharge shall not exceed
twenty-five dollars ($25) in any one year of the three-year period.
The secretary shall thereafter maintain the statewide information
management system, funded by the assessment the secretary is
authorized to impose pursuant to Section 25404.5.
   (ii) No less than 75 percent of the additional funding raised
pursuant to clause (i) shall be provided to CUPAs and PAs through
grant funds or statewide contract services, in the amounts determined
by the secretary to assist these local agencies in meeting these
information management system requirements.
   (B) A facility that is owned or operated by the federal government
and that is subject to the unified program shall pay the surcharge
required by this paragraph to the extent authorized by federal law.
   (C) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
   (4) No later than three years after the statewide information
management system is established, each CUPA, PA, and regulated
business shall report program data electronically. The secretary
shall work with the CUPAs to develop a phased in schedule for the
electronic collection and submittal of information to be included in
the statewide information management system, giving first priority to
information relating to those chemicals determined by the secretary
to be of greatest concern. The secretary, in making this
determination shall consult with the CUPAs, the California Emergency
Management Agency, the State Fire Marshal, and the boards,
departments, and offices within the California Environmental
Protection Agency. The information initially included in the
statewide information management system shall include, but is not
limited to, the hazardous materials inventory information required to
be submitted pursuant to Section 25504.1 for perchlorate materials.
   (5) The secretary, in collaboration with the CUPAs, shall provide
technical assistance to regulated businesses to comply with the
electronic reporting requirements and may expend funds identified in
clause (i) of subparagraph (A) of paragraph (3) for that purpose.
  SEC. 11.5.  Section 25404 of the Health and Safety Code is amended
to read:
   25404.  (a) For purposes of this chapter, the following terms
shall have the following meanings:
   (1) (A) "Certified Unified Program Agency" or "CUPA" means the
agency certified by the secretary to implement the unified program
specified in this chapter within a jurisdiction.
   (B) "Participating Agency" or "PA" means a state or local agency
that has a written agreement with the CUPA pursuant to subdivision
(d) of Section 25404.3, and is approved by the secretary, to
implement or enforce one or more of the unified program elements
specified in subdivision (c), in accordance with Sections 25404.1 and
25404.2.
   (C) "Unified Program Agency" or "UPA" means the CUPA, or its
participating agencies to the extent each PA has been designated by
the CUPA, pursuant to a written agreement, to implement or enforce a
particular unified program element specified in subdivision (c). The
UPAs have the responsibility and authority to implement and enforce
the requirements listed in subdivision (c), and the regulations
adopted to implement the requirements listed in subdivision (c), to
the extent provided by Chapter 6.5 (commencing with Section 25100),
Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing
with Section 25280), Chapter 6.95 (commencing with Section 25500),
and Sections 25404.1 and 25404.2. After a CUPA has been certified by
the secretary, the unified program agencies and the state agencies
carrying out responsibilities under this chapter shall be the only
agencies authorized to enforce the requirements listed in subdivision
(c) within the jurisdiction of the CUPA.
   (2) "Department" means the Department of Toxic Substances Control.

   (3) "Minor violation" means the failure of a person to comply with
a requirement or condition of an applicable law, regulation, permit,
information request, order, variance, or other requirement, whether
procedural or substantive, of the unified program that the UPA is
authorized to implement or enforce pursuant to this chapter, and that
does not otherwise include any of the following:
   (A) A violation that results in injury to persons or property, or
that presents a significant threat to human health or the
environment.
   (B) A knowing, willful, or intentional violation.
   (C) A violation that is a chronic violation, or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the UPA shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
   (D) A violation that results in an emergency response from a
public safety agency.
   (E) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
   (F) A class I violation as provided in Section 25117.6.
   (G) A class II violation committed by a chronic or a recalcitrant
violator, as provided in Section 25117.6.
   (H) A violation that hinders the ability of the UPA to determine
compliance with any other applicable local, state, or federal rule,
regulation, information request, order, variance, permit, or other
requirement.
   (4) "Secretary" means the Secretary for Environmental Protection.
   (5) "Unified program facility" means all contiguous land and
structures, other appurtenances, and improvements on the land that
are subject to the requirements listed in subdivision (c).
   (6) "Unified program facility permit" means a permit issued
pursuant to this chapter. For the purposes of this chapter, a unified
program facility permit encompasses the permitting requirements of
Section 25284, and permit or authorization requirements under a local
ordinance or regulation relating to the generation or handling of
hazardous waste or hazardous materials, but does not encompass the
permitting requirements of a local ordinance that incorporates
provisions of the California Fire Code or the California Building
Code.
   (b) The secretary shall adopt implementing regulations and
implement a unified hazardous waste and hazardous materials
management regulatory program, which shall be known as the unified
program, after holding an appropriate number of public hearings
throughout the state. The unified program shall be developed in close
consultation with the director, the Secretary of California
Emergency Management, the State Fire Marshal, the executive officers
and chairpersons of the State Water Resources Control Board and the
California regional water quality control boards, the local health
officers, local fire services, and other appropriate officers of
interested local agencies, and affected businesses and interested
members of the public, including environmental organizations.
   (c) The unified program shall consolidate the administration of
the following requirements and, to the maximum extent feasible within
statutory constraints, shall ensure the coordination and consistency
of any regulations adopted pursuant to those requirements:
   (1) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.5 (commencing with Section 25100), and the
regulations adopted by the department pursuant thereto, that are
applicable to all of the following:
   (i) Hazardous waste generators, persons operating pursuant to a
permit-by-rule, conditional authorization, or conditional exemption,
pursuant to Chapter 6.5 (commencing with Section 25100) or the
regulations adopted by the department.
   (ii) Persons managing perchlorate materials.
   (iii) Persons subject to Article 10.1 (commencing with Section
25211) of Chapter 6.5.
   (iv) Persons operating a collection location that has been
established under an architectural paint stewardship plan approved by
the Department of Resources Recycling and Recovery pursuant to the
architectural paint recovery program established pursuant to Chapter
5 (commencing with Section 48700) of Part 7 of Division 30 of the
Public Resources Code.
   (v) On and before December 31, 2019, a transfer facility, as
described in paragraph (3) of subdivision (a) of Section 25123.3,
that is operated by a door-to-door household hazardous waste
collection program or household hazardous waste residential pickup
service, as defined in subdivision (c) of Section 25218.1. On and
after January 1, 2020, the unified program shall not include a
transfer facility operated by a door-to-door household hazardous
waste collection program.
   (B) The unified program shall not include the requirements of
paragraph (3) of subdivision (c) of Section 25200.3, the requirements
of Sections 25200.10 and 25200.14, and the authority to issue an
order under Sections 25187 and 25187.1, with regard to those portions
of a unified program facility that are subject to one of the
following:
   (i) A corrective action order issued by the department pursuant to
Section 25187.
   (ii) An order issued by the department pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
   (iii) A remedial action plan approved pursuant to Chapter 6.8
(commencing with Section 25300) or Chapter 6.85 (commencing with
Section 25396).
   (iv) A cleanup and abatement order issued by a California regional
water quality control board pursuant to Section 13304 of the Water
Code, to the extent that the cleanup and abatement order addresses
the requirements of the applicable section or sections listed in this
subparagraph.
   (v) Corrective action required under subsection (u) of Section
6924 of Title 42 of the United States Code or subsection (h) of
Section 6928 of Title 42 of the United States Code.
   (vi) An environmental assessment pursuant to Section 25200.14 or a
corrective action pursuant to Section 25200.10 or paragraph (3) of
subdivision (c) of Section 25200.3, that is being overseen by the
department.
   (C) The unified program shall not include the requirements of
Chapter 6.5 (commencing with Section 25100), and the regulations
adopted by the department pursuant thereto, applicable to persons
operating transportable treatment units, except that any required
notice regarding transportable treatment units shall also be provided
to the CUPAs.
   (2) The requirements of Chapter 6.67 (commencing with Section
25270) concerning aboveground storage tanks.
   (3) (A) Except as provided in subparagraphs (B) and (C), the
requirements of Chapter 6.7 (commencing with Section 25280)
concerning underground storage tanks and the requirements of any
underground storage tank ordinance adopted by a city or county.
   (B) The unified program shall not include the responsibilities
assigned to the State Water Resources Control Board pursuant to
Section 25297.1.
   (C) The unified program shall not include the corrective action
requirements of Sections 25296.10 to 25296.40, inclusive.
   (4) The requirements of Article 1 (commencing with Section 25500)
of Chapter 6.95 concerning hazardous material release response plans
and inventories.
   (5) The requirements of Article 2 (commencing with Section 25531)
of Chapter 6.95, concerning the accidental release prevention
program.
   (6) The requirements of Sections 2701.5.1 and 2701.5.2 of the
California Fire Code, as adopted by the State Fire Marshal pursuant
to Section 13143.9 concerning hazardous material management plans and
inventories.
   (d) To the maximum extent feasible within statutory constraints,
the secretary shall consolidate, coordinate, and make consistent
these requirements of the unified program with other requirements
imposed by other federal, state, regional, or local agencies upon
facilities regulated by the unified program.
   (e) (1) The secretary shall establish standards applicable to
CUPAs, participating agencies, state agencies, and businesses
specifying the data to be collected and submitted by unified program
agencies in administering the programs listed in subdivision (c).
Those standards shall incorporate any standard developed under
Section 25503.3.
   (2) (A) No later than January 1, 2010, the secretary shall
establish a statewide information management system capable of
receiving all data collected by the unified program agencies and
reported by regulated businesses pursuant to this subdivision and
Section 25504.1, in a manner that is most cost efficient and
effective for both the regulated businesses and state and local
agencies. The secretary shall prescribe an XML or other compatible
Web-based format for the transfer of data from CUPAs and regulated
businesses and make all nonconfidential data available on the
Internet.
   (B) The secretary shall establish milestones to measure the
implementation of the statewide information management system and
shall provide periodic status updates to interested parties.
   (3) (A) (i) Except as provided in subparagraph (B), in addition to
any other funding that becomes available, the secretary shall
increase the oversight surcharge provided for in subdivision (b) of
Section 25404.5 by an amount necessary to meet the requirements of
this subdivision for a period of three years, to establish the
statewide information management system, consistent with paragraph
(2). The increase in the oversight surcharge shall not exceed
twenty-five dollars ($25) in any one year of the three-year period.
The secretary shall thereafter maintain the statewide information
management system, funded by the assessment the secretary is
authorized to impose pursuant to Section 25404.5.
   (ii) No less than 75 percent of the additional funding raised
pursuant to clause (i) shall be provided to CUPAs and PAs through
grant funds or statewide contract services, in the amounts determined
by the secretary to assist these local agencies in meeting these
information management system requirements.
   (B) A facility that is owned or operated by the federal government
and that is subject to the unified program shall pay the surcharge
required by this paragraph to the extent authorized by federal law.
   (C) The secretary, or one or more of the boards, departments, or
offices within the California Environmental Protection Agency, shall
seek available federal funding for purposes of implementing this
subdivision.
   (4) No later than three years after the statewide information
management system is established, each CUPA, PA, and regulated
business shall report program data electronically. The
                                secretary shall work with the CUPAs
to develop a phased in schedule for the electronic collection and
submittal of information to be included in the statewide information
management system, giving first priority to information relating to
those chemicals determined by the secretary to be of greatest
concern. The secretary, in making this determination shall consult
with the CUPAs, the California Emergency Management Agency, the State
Fire Marshal, and the boards, departments, and offices within the
California Environmental Protection Agency. The information initially
included in the statewide information management system shall
include, but is not limited to, the hazardous materials inventory
information required to be submitted pursuant to Section 25504.1 for
perchlorate materials.
   (5) The secretary, in collaboration with the CUPAs, shall provide
technical assistance to regulated businesses to comply with the
electronic reporting requirements and may expend funds identified in
clause (i) of subparagraph (A) of paragraph (3) for that purpose.
  SEC. 12.  Section 25404.2 of the Health and Safety Code is amended
to read:
   25404.2.  (a) The unified program agencies in each jurisdiction
shall do all of the following:
   (1) (A) The certified unified program agency shall develop and
implement a procedure for issuing, to a unified program facility, a
unified program facility permit that would replace any permit
required by Section 25284 and any permit or authorization required
under any local ordinance or regulation relating to the generation or
handling of hazardous waste or hazardous materials, but that would
not replace a permit issued pursuant to a local ordinance that
incorporates provisions of the California Fire Code and California
Building Code.
   (B) The unified program facility permit, and, if applicable, an
authorization to operate pursuant to a permit-by-rule, conditional
authorization, or conditional exemption, pursuant to Chapter 6.5
(commencing with Section 25100) or the regulations adopted by the
department, are the only grants of authorization required under the
unified program elements specified in subdivision (c) of Section
25404.
   (C) The unified program agencies shall enforce the elements of a
unified program facility permit in the same manner as the permits
replaced by the unified program facility permit would be enforced.
   (D) If a unified program facility is operating pursuant to the
applicable grants of authorization that would otherwise be included
in a unified program facility permit for the activities in which the
facility is engaged, the unified program agencies shall not require
that unified program facility to obtain a unified program facility
permit as a condition of operating pursuant to the unified program
elements specified in subdivision (c) of Section 25404 and any permit
or authorization required under any local ordinance or regulation
relating to the generation or handling of hazardous waste or
hazardous materials.
   (E) This subparagraph applies to unified program facilities that
have existing, not yet expired, grants of authorization for some, but
not all, of the authorization requirements encompassed in the
unified program facility permit. When issuing a unified program
facility permit to such a unified program facility, the unified
program agency shall incorporate, by reference, into the unified
program facility permit any of the facility's existing, not yet
expired, grants of authorization.
   (2) To the maximum extent feasible within statutory constraints,
the certified unified program agency, in conjunction with
participating agencies, shall consolidate, coordinate, and make
consistent any local or regional regulations, ordinances,
requirements, or guidance documents related to the implementation of
subdivision (c) of Section 25404 or pursuant to any regional or local
ordinance or regulation pertaining to hazardous waste or hazardous
materials. This paragraph does not affect the authority of a unified
program agency with regard to the preemption of the unified program
agency's authority under state law.
   (3) The certified unified program agency, in conjunction with
participating agencies, shall develop and implement a single, unified
inspection and enforcement program to ensure coordinated, efficient,
and effective enforcement of subdivision (c) of Section 25404, and
any local ordinance or regulation pertaining to the handling of
hazardous waste or hazardous materials.
   (4) The certified unified program agency, in conjunction with
participating agencies, shall coordinate, to the maximum extent
feasible, the single, unified inspection and enforcement program with
the inspection and enforcement program of other federal, state,
regional, and local agencies that affect facilities regulated by the
unified program. This paragraph does not prohibit the unified program
agencies, or any other agency, from conducting inspections, or from
undertaking any other enforcement-related activity, without giving
prior notice to the regulated entity, except if the prior notice is
otherwise required by law.
   (b) An employee or authorized representative of a unified program
agency or a state agency acting pursuant to this chapter has the
authority specified in Section 25185, with respect to the premises of
a handler, and in Section 25185.5, with respect to real property
that is within 2,000 feet of the premises of a handler, except that
this authority shall include inspections concerning hazardous
material, in addition to hazardous waste.
   (c) Each air quality management district or air pollution control
district, each publicly owned treatment works, and each office,
board, and department within the California Environmental Protection
Agency, shall coordinate, to the maximum extent feasible, those
aspects of its inspection and enforcement program that affect
facilities regulated by the unified program with the inspection and
enforcement programs of each certified unified program agency.
   (d) The certified unified program agency, in conjunction with
participating agencies, may incorporate, as part of the unified
program within its jurisdiction, the implementation and enforcement
of laws that the unified program agencies are authorized to implement
and enforce, other than those specified in subdivision (c) of
Section 25404, if that incorporation will not impair the ability of
the unified program agencies to fully implement the requirements of
subdivision (a).
   (e) (1) The withdrawal of an application for a unified program
facility permit after it has been filed with the unified program
agency shall not, unless the unified program agency consents in
writing to the withdrawal, deprive the unified program agencies of
their authority to institute or continue a proceeding against the
applicant for the denial of the unified program facility permit upon
any ground provided by law, and this withdrawal shall not affect the
authority of the unified program agencies to institute or continue a
proceeding against the applicant pertaining to any violation of the
requirements specified in subdivision (c) of Section 25404 or of any
local ordinance or regulation relating to the generation or handling
of hazardous waste or hazardous materials.
   (2) The suspension, expiration, or forfeiture by operation of law
of a unified program facility permit, or its suspension, forfeiture,
or cancellation by the unified program agency or by order of a court,
or its surrender or attempted or actual transfer without the written
consent of the unified program agency shall not affect the authority
of the unified program agencies to institute or continue a
disciplinary proceeding against the holder of a unified program
facility permit upon any ground, or otherwise taking an action
against the holder of a unified program facility permit on these
grounds.
  SEC. 13.  Section 25503.5 of the Health and Safety Code is amended
to read:
   25503.5.  (a) (1) A business, except as provided in subdivisions
(b), (c), and (d), shall establish and implement a business plan for
emergency response to a release or threatened release of a hazardous
material in accordance with the standards prescribed in the
regulations adopted pursuant to Section 25503, if the business
handles a hazardous material or a mixture containing a hazardous
material that has a quantity at any one time during the reporting
year that is any of the following:
   (A) Except as provided in subparagraphs (C), (D), or (F), equal
to, or greater than, a total weight of 500 pounds or a total volume
of 55 gallons.
   (B) Except as provided in subparagraphs (E) or (F), equal to, or
greater than, 200 cubic feet at standard temperature and pressure, if
the substance is compressed gas.
   (C) The threshold planning quantity, under both of the following
conditions:
   (i) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
   (ii) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
   (D) A total weight of 5,000 pounds, if the hazardous material is a
solid or liquid substance that is classified as a hazard for
purposes of Section 5194 of Title 8 of the California Code of
Regulations solely as an irritant or sensitizer, unless the
administering agency finds, and provides notice to the business
handling the product, that the handling of lesser quantities of that
hazardous material requires the submission of a business plan, or any
portion thereof, in response to public health, safety, or
environmental concerns.
   (E) (i) A total of 1,000 cubic feet, if the hazardous material is
a gas at standard temperature and pressure and is classified as a
hazard for the purposes of Section 5194 of Title 8 of the California
Code of Regulations solely as a compressed gas, unless the
administering agency finds, and provides notice to the business
handling the product, that the handling of lesser quantities of that
hazardous material requires the submission of a business plan, or any
portion thereof, in response to public health, safety, or
environmental concerns.
   (ii) The hazardous materials subject to this subparagraph include
a gas for which the only health and physical hazards are simple
asphyxiation and the release of pressure.
   (iii) The hazardous materials subject to this subparagraph do not
include gases in a cryogenic state.
   (F) If the substance is a radioactive material, it is handled in
quantities for which an emergency plan is required to be adopted
pursuant to Part 30 (commencing with Section 30.1), Part 40
(commencing with Section 40.1), or Part 70 (commencing with Section
70.1), of Chapter 1 of Title 10 of the Code of Federal Regulations,
or pursuant to any regulations adopted by the state in accordance
with those regulations.
   (2) In meeting the requirements of this subdivision, a business
may, if it elects to do so, use the format adopted pursuant to
Section 25503.4.
   (3) The administering agency shall make the findings required by
subparagraphs (D) and (E) of paragraph (1) in consultation with the
local fire chief.
   (b) (1) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained
by a physician, dentist, podiatrist, veterinarian, or pharmacist, at
his or her office or place of business, stored at each office or
place of business in quantities of not more than 1,000 cubic feet of
each material at any one time, are exempt from this section and from
Section 25505. The administering agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.
   (2) (A) Lubricating oil is exempt from this section and Sections
25505 and 25509, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.
   (B) For purposes of this paragraph, "lubricating oil" means any
oil intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
   (3) Oil-filled electrical equipment that is not contiguous to an
electric facility is exempt from this section and Sections 25505 and
25509 if the aggregate capacity is less than 1,320 gallons.
   (c) (1) Hazardous material contained solely in a consumer product
for direct distribution to, and use by, the general public is exempt
from the business plan requirements of this article unless the
administering agency has found, and has provided notice to the
business handling the product, that the handling of certain
quantities of the product requires the submission of a business plan,
or any portion thereof, in response to public health, safety, or
environmental concerns.
   (2) In addition to the authority specified in paragraph (4), the
administering agency may, in exceptional circumstances, following
notice and public hearing, exempt from the inventory provisions of
this article any hazardous substance specified in subdivision (q) of
Section 25501 if the administering agency finds that the hazardous
substance would not pose a present or potential danger to the
environment or to human health and safety if the hazardous substance
was released into the environment. The administering agency shall
specify in writing the basis for granting any exemption under this
paragraph. The administering agency shall send a notice to the agency
within five days from the effective date of any exemption granted
pursuant to this paragraph.
   (3) The administering agency, upon application by a handler, may
exempt the handler, under conditions that the administering agency
determines to be proper, from any portion of the business plan, upon
a written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment or affect the ability of the administering agency and
emergency rescue personnel to effectively respond to the release of a
hazardous material, and that there are unusual circumstances
justifying the exemption. The administering agency shall specify in
writing the basis for any exemption under this paragraph.
   (4) The administering agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
article upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
administering agency shall specify in writing the basis for any
exemption under this paragraph.
   (5) An administering agency shall exempt a business operating a
farm for purposes of cultivating the soil or raising or harvesting
any agricultural or horticultural commodity from filing the
information in the business plan required by subdivisions (b) and (c)
of Section 25504 if all of the following requirements are met:
   (A) The handler annually provides the inventory of information
required by Section 25509 to the county agricultural commissioner
before January 1 of each year.
   (B) Each building in which hazardous materials subject to this
article are stored is posted with signs, in accordance with
regulations that the agency shall adopt, that provide notice of the
storage of any of the following:
   (i) Pesticides.
   (ii) Petroleum fuels and oil.
   (iii) Types of fertilizers.
   (C) Each county agricultural commissioner forwards the inventory
to the administering agency within 30 days from the date of receipt
of the inventory.
   (6) The administering agency shall exempt a business operating an
unstaffed remote facility located in an isolated sparsely populated
area from the hazardous materials business plan and inventory
requirements of this article if the facility is not otherwise subject
to the requirements of applicable federal law, and all of the
following requirements are met:
   (A) The types and quantities of materials onsite are limited to
one or more of the following:
   (i) Five hundred standard cubic feet of compressed inert gases
(asphyxiation and pressure hazards only).
   (ii) Five hundred gallons of combustible liquid used as a fuel
source.
   (iii) Two hundred gallons of corrosive liquids used as
electrolytes in closed containers.
   (iv) Five hundred gallons of lubricating and hydraulic fluids.
   (v) One thousand two hundred gallons of flammable gas used as a
fuel source.
   (vi) Any quantity of mineral oil contained within electrical
equipment, such as transformers, bushings, electrical switches, and
voltage regulators, if a spill prevention control and countermeasure
plan has been prepared for quantities in excess of 1,320 gallons.
   (B) The facility is secured and not accessible to the public.
   (C) Warning signs are posted and maintained for hazardous
materials pursuant to the California Fire Code.
   (D) A one-time notification and inventory are provided to the
administering agency along with a processing fee in lieu of the
existing fee. The fee shall not exceed the actual cost of processing
the notification and inventory, including a verification inspection,
if necessary.
   (E) If the information contained in the initial notification or
inventory changes and the time period of the change is longer than 30
days, the notification or inventory shall be resubmitted within 30
days to the administering agency to reflect the change, along with a
processing fee, in lieu of the existing fee, that does not exceed the
actual cost of processing the amended notification or inventory,
including a verification inspection, if necessary.
   (F) The administering agency shall forward a copy of the
notification and inventory to those agencies that share
responsibility for emergency response.
   (G) The administering agency may require an unstaffed remote
facility to submit a hazardous materials business plan and inventory
in accordance with this article if the agency finds that special
circumstances exist such that development and maintenance of the
business plan and inventory are necessary to protect public health
and safety and the environment.
   (d) On-premise use, storage, or both, of propane in an amount not
to exceed 500 gallons that is for the sole purpose of cooking,
heating the employee work areas, and heating water, within that
business, is exempt from this section, unless the administering
agency finds, and provides notice to the business handling the
propane, that the handling of the on-premise propane requires the
submission of a business plan, or any portion thereof, in response to
public health, safety, or environmental concerns.
   (e) The administering agency shall provide all information
obtained from completed inventory forms, upon request, to emergency
rescue personnel on a 24-hour basis.
   (f) The administering agency shall adopt procedures to provide for
public input when approving any applications submitted pursuant to
paragraph (3) or (4) of subdivision (c).
  SEC. 14.  Section 25509 of the Health and Safety Code is amended to
read:
   25509.  (a) The annual inventory form shall include, but shall not
be limited to, information on all of the following which are handled
in quantities equal to or greater than the quantities specified in
subdivision (a) of Section 25503.5:
   (1) A listing of the chemical name and common names of every
hazardous substance or chemical product handled by the business.
   (2) The category of waste, including the general chemical and
mineral composition of the waste listed by probable maximum and
minimum concentrations, of every hazardous waste handled by the
business.
   (3) A listing of the chemical name and common names of every other
hazardous material or mixture containing a hazardous material
handled by the business that is not otherwise listed pursuant to
paragraph (1) or (2).
   (4) The maximum amount of each hazardous material or mixture
containing a hazardous material disclosed in paragraphs (1), (2), and
(3) that is handled at any one time by the business over the course
of the year.
   (5) Sufficient information on how and where the hazardous
materials disclosed in paragraphs (1), (2), and (3) are handled by
the business to allow fire, safety, health, and other appropriate
personnel to prepare adequate emergency responses to potential
releases of the hazardous materials.
   (6) The SIC Code number of the business if applicable.
   (7) The name and telephone number of the person representing the
business and able to assist emergency personnel in the event of an
emergency involving the business during nonbusiness hours.
   (b) If the local fire chief requires the business to comply with
the requirements of subdivision (c) of Section 2701.5.2 of the
California Fire Code, as adopted by the State Fire Marshal pursuant
to Section 13143.9, the business shall also file the addendum
required by Section 25503.9 with the administering agency.
   (c) The administering agency may permit the reporting of the
amount of hazardous material under this section by ranges, rather
than a specific amount, as long as those ranges provide the
information necessary to meet the needs of emergency rescue
personnel, to determine the potential hazard from a release of the
materials, and meets the purposes of this chapter.
   (d) (1) Except as provided in subdivision (e), the annual
inventory form required by this section shall also include all
inventory information required by Section 11022 of Title 42 of the
United States Code, as that section read on January 1, 1989, or as it
may be subsequently amended.
   (2) The agency may adopt or amend existing regulations specifying
the inventory information required by this subdivision.
   (e) If, pursuant to federal law or regulation, as it currently
exists or as it may be amended, there is a determination that the
inventory information required by subdivisions (a) and (c) is
substantially equivalent to the inventory information required under
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Sec. 11001 et seq.), the requirements of subdivision (d) shall
not apply.
  SEC. 15.  Section 25509.2 of the Health and Safety Code is amended
to read:
   25509.2.  (a) The Legislature hereby finds and declares all of the
following:
   (1) Persons attempting to do business in this state are
increasingly experiencing excessive and duplicative regulatory
requirements at different levels of government.
   (2) To streamline and ease the regulatory burdens of doing
business in this state, compliance with the hazardous materials
release response plans and inventory requirements of this chapter
shall also suffice to meet the requirements of the California Fire
Code with regard to the requirement for a hazardous materials
management plan and hazardous materials inventory statement, as set
forth in Chapter 27 of the California Fire Code and its appendices.
   (3) Businesses which are required to comply with this chapter do
so on one form, with one fee and one inspection. The administering
agency shall forward the data collected, within 15 days of receipt
and confirmation, with other local agencies in a format easily
interpreted by those agencies with shared responsibilities for
protection of the public health and safety and the environment.
   (4) Enforcement of this chapter and the California Fire Code shall
be coordinated.
   (b) Notwithstanding Section 13143.9, and any standards and
regulations adopted pursuant to that section, a business that files
the annual inventory form in compliance with this article, including
the addendum adopted pursuant to Section 25503.9, as required by the
local fire chief to comply with Section 2701.5.2 of the California
Fire Code, as adopted by the State Fire Marshal pursuant to Section
13143.9, shall be deemed to have met the requirements of Section
2701.5.2 of the California Fire Code, as adopted by the State Fire
Marshal pursuant to Section 13143.9.
   (c) Notwithstanding Section 13143.9, and any standards and
regulations adopted pursuant to that section, a business that
establishes and maintains a business plan for emergency response to a
release or a threatened release of a hazardous material in
accordance with Section 25503.5, shall be deemed to have met the
requirements of Section 2701.5.1 of the California Fire Code, as
adopted by the State Fire Marshal pursuant to Section 13143.9.
   (d) Except for the addendum required by the local fire chief, the
administering agency shall be the sole enforcement agency for
purposes of determining compliance pursuant to subdivisions (b) and
(c).
   (e) Except as otherwise expressly provided in this section, this
section does not affect or otherwise limit the authority of the local
fire chief to enforce the California Fire Code.
  SEC. 16.  Section 48701 of the Public Resources Code is amended to
read:
   48701.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "Architectural paint" means interior and exterior
architectural coatings, sold in containers of five gallons or less
for commercial or homeowner use, but does not include aerosol spray
paint or coatings purchased for industrial or original equipment
manufacturer use.
   (b) "Consumer" means a purchaser or owner of architectural paint,
including a person, business, corporation, limited partnership,
nonprofit organization, or governmental entity.
   (c) "Department" means the Department of Resources Recycling and
Recovery.
   (d) "Distributor" means a person that has a contractual
relationship with one or more manufacturers to market and sell
architectural paint to retailers.
   (e) "Manufacturer" means a manufacturer of architectural paint.
   (f) "Postconsumer paint" means architectural paint not used by the
purchaser.
   (g) "Retailer" means a person that sells architectural paint in
the state to a consumer. A sale includes, but is not limited to,
transactions conducted through sales outlets, catalogs, or the
Internet or any other similar electronic means.
   (h) "Stewardship organization" means a nonprofit organization
created by the manufacturers to implement the architectural paint
stewardship program described in Section 48703.
             SEC. 17.  Section 48703 of the Public Resources Code is
amended to read:
   48703.  (a) On or before April 1, 2012, a manufacturer or
designated stewardship organization shall submit an architectural
paint stewardship plan to the department.
   (b) (1) The plan shall demonstrate sufficient funding for the
architectural paint stewardship program as described in the plan,
including a funding mechanism for securing and dispersing funds to
cover administrative, operational, and capital costs, including the
assessment of charges on architectural paint sold by manufacturers in
this state.
   (2) The funding mechanism shall provide for an architectural paint
stewardship assessment for each container of architectural paint
sold by manufacturers in this state and the assessment shall be
remitted to the stewardship organization, if applicable.
   (3) The architectural paint stewardship assessment shall be added
to the cost of all architectural paint sold to California retailers
and distributors, and each California retailer or distributor shall
add the assessment to the purchase price of all architectural paint
sold in the state.
   (4) The architectural paint stewardship assessment shall be
approved by the department as part of the plan, and shall be
sufficient to recover, but not exceed, the cost of the architectural
paint stewardship program. The plan shall require that any surplus
funds be put back into the program to reduce the costs of the
program, including the assessment amount.
   (c) The plan shall address the coordination of the architectural
paint stewardship program with existing local household hazardous
waste collection programs as much as this is reasonably feasible and
is mutually agreeable between those programs.
   (d) The plan shall include goals established by the manufacturer
or stewardship organization to reduce the generation of postconsumer
paint, to promote the reuse of postconsumer paint, and for the proper
end-of-life management of postconsumer paint, including recovery and
recycling of postconsumer paint, as practical, based on current
household hazardous waste program information. The goals may be
revised by the manufacturer or stewardship organization based on the
information collected for the annual report.
   (e) The plan shall include consumer, contractor, and retailer
education and outreach efforts to promote the source reduction and
recycling of architectural paint. This information may include, but
is not limited to, developing, and updating as necessary, educational
and other outreach materials aimed at retailers of architectural
paint. These materials shall be made available to the retailers.
These materials may include, but are not limited to, one or more of
the following:
   (1) Signage that is prominently displayed and easily visible to
the consumer.
   (2) Written materials and templates of materials for reproduction
by retailers to be provided to the consumer at the time of purchase
or delivery, or both. Written materials shall include information on
the prohibition of improper disposal of architectural paint.
   (3) Advertising or other promotional materials, or both, that
include references to architectural paint recycling opportunities.
   (f) Any retailer may participate, on a voluntary basis, as a paint
collection point pursuant to the paint stewardship program, if the
retailer's paint collection location meets all of the conditions in
Sections 25217.2 and 25217.2.1 of the Health and Safety Code.
  SEC. 18.  Section 48705 of the Public Resources Code is amended to
read:
   48705.  (a) On or before September 1, 2013, and each year
thereafter, a manufacturer of architectural paint sold in this state
shall, individually or through a representative stewardship
organization, submit a report to the department describing its
architectural paint recovery efforts. At a minimum, the report shall
include all of the following:
   (1) The total volume of architectural paint sold in this state
during the preceding fiscal year.
   (2) The total volume of postconsumer architectural paint recovered
in this state during the preceding fiscal year.
   (3) A description of methods used to collect, transport, and
process postconsumer architectural paint in this state.
   (4) The total cost of implementing the architectural paint
stewardship program.
   (5) An evaluation of how the architectural paint stewardship
program's funding mechanism operated.
   (6) An independent financial audit funded from the paint
stewardship assessment.
   (7) Examples of educational materials that were provided to
consumers the first year and any changes to those materials in
subsequent years.
   (b) The department shall review the annual report required
pursuant to this section and within 90 days of receipt shall adopt a
finding of compliance or noncompliance with this chapter.
  SEC. 19.  Section 7.5 of this bill incorporates amendments to
Section 25217.2 of the Health and Safety Code proposed by both this
bill and Assembly Bill 255. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2012, but this bill becomes operative first, (2) each bill amends
Section 25217.2 of the Health and Safety Code, and (3) this bill is
enacted after Assembly Bill 255, in which case Section 25217.2 of the
Health and Safety Code, as amended by Section 7 of this bill, shall
remain operative only until the operative date of Assembly Bill 255,
at which time Section 7.5 of this bill shall become operative.
  SEC. 20.  Section 11.5 of this bill incorporates amendments to
Section 25404 of the Health and Safety Code proposed by both this
bill and Senate Bill 456. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2012,
but this bill becomes operative first, (2) each bill amends Section
25404 of the Health and Safety Code, and (3) this bill is enacted
after Senate Bill 456, in which case Section 25404 of the Health and
Safety Code, as amended by Section 11 of this bill, shall remain
operative only until the operative date of Senate Bill 456, at which
time Section 11.5 of this bill shall become operative.
  SEC. 21.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code, or because the costs may be incurred by
a local agency or school district 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.
  SEC. 22.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
   In order to ensure that the hazardous waste laws and regulations
are fully complied with as soon as possible, and to make other
changes relating to emergency response, the handling of hazardous
materials, the unified program, and the recycling of paint, thereby
protecting the public health and safety and the environment, it is
necessary that this act take effect immediately.
                                            
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