Bill Text: CA SB654 | 2015-2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Unlawful employment practice: parental leave.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB654 Detail]
Download: California-2015-SB654-Introduced.html
Bill Title: Unlawful employment practice: parental leave.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB654 Detail]
Download: California-2015-SB654-Introduced.html
BILL NUMBER: SB 654 INTRODUCED BILL TEXT INTRODUCED BY Senator De León FEBRUARY 27, 2015 An act to amend Section 25245 of the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGEST SB 654, as introduced, De León. Hazardous waste: facility closure. (1) Existing law, as part of the hazardous waste control law, requires the Department of Toxic Substances Control to adopt, and revise when appropriate, standards and regulations to, among other things, specify the financial assurances to be provided by an owner or operator of a hazardous waste facility that are necessary to provide for the cost of closure and subsequent maintenance of the facility. A violation of a regulation adopted pursuant to the hazardous waste control law is a crime. This bill would additionally require the standards and regulations to specify the financial assurances to be provided to respond to the cost of closure, cleanup, and subsequent maintenance of the facility. Since a violation of a regulation adopted pursuant to the hazardous waste control law would be a crime, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25245 of the Health and Safety Code is amended to read: 25245. (a) The department shall adopt, and revise when appropriate, standards and regulationswhichthat shall do both of the following: (1) Specify the financial assurances to be provided by the owner or operator of a hazardous waste facility that are necessary to respond adequately to damage claims arising out of the operation of that type of facility and to provide for the cost ofclosureclosure, cleanup, and subsequent maintenance of the facility, including, but not limited to, the monitoring of groundwater and other aspects of the environment after closure. If the facility is required to obtain a permit under the federal act, the financial assurance shall be a trust fund, surety bond, letter of credit, insurance, or any other mechanism authorized under the federal act and the regulations adopted pursuant to the federal act. If the facility is not required to obtain a permit under the federal act, the financial assurance may include any other equivalent financial arrangement acceptable to the department. (2) Provide that every hazardous waste facility can be closed and maintained for at least 30 years subsequent to its closure in a manner that protects human health and the environment and minimizes or eliminates the escape of hazardous waste constituents, leachate, contaminated rainfall, and waste decomposition products to ground and surface waters and to the atmosphere. (b) In adopting regulations pursuant to subdivision (a), to carry out the purposes of this chapter, the department may specify policy or other contractual terms, conditions, or defenseswhichthat are necessary or are unacceptable in establishing evidence of financial responsibility. (1) If an owner or operator is in bankruptcy pursuant to Title 11 of the United States Code, or where, with reasonable diligence, jurisdiction in any state or federal court cannot be obtained over an owner or operator likely to be solvent at the time of judgment,anya claim arising from conduct for which this section requires evidence of financial responsibility may be asserted directly against the guarantor who provided the evidence of financial responsibility. (2) The total liability of any guarantor is limited to the aggregate amountwhichthat the guarantor has provided as evidence of financial responsibility to the owner or operator under this chapter. (3) This subdivision does not limit any other state or federal statutory, contractual, or common law liability of a guarantor to the owner or operator, including, but not limited to, the liability of the guarantor for bad faith in either negotiating or in failing to negotiate the settlement ofanya claim. (4) This subdivision does not diminish the liability of any person under Section 107 or 111 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Secs. 9607 and 9611). (5) For purposes of this subdivision, "guarantor" meansanya person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this section. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.