Bill Text: CA SB654 | 2015-2016 | Regular Session | Amended

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-Amended.html

---

BILL NUMBER: SB 654	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2015

INTRODUCED BY   Senator De León

                        FEBRUARY 27, 2015

   An act to amend Section  25245   25200 
of the Health and Safety Code, relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 654, as amended, De León. Hazardous waste:  facility
closure.   facilities permitting. 
    (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.   facilities handling
hazardous waste to obtain a permit from the Department of Toxic
Substances Control. Existing law requires an owner or operator of a
facility intending to renew the facility's permit to submit a
complete Part A application for a permit renewal prior to the
expiration of the permit. Existing law requires the owner or operator
to submit a complete   Part B application when requested by
the department. Existing law requires the department to issue a
permit if the facility meets specified requirements.  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.   instead require the ow   ner
or operator of a facility to submit complete Part A and Part B
applications for a permit renewal at least 2 years prior to the
expiration date of the permit. The bill would require the department
to issue a final permit decision for an application for permit
renewal within 36 months of the expiration of the facility's permit.
  The bill would provide that a facility that has not been
issued a final permit within 36 months following the expiration of
the permit's fixed term shall be deemed in violation of the hazardous
waste control law.  Since a violation of  a regulation
adopted pursuant to  the hazardous waste control law
 would be   is  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 regulations that 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 of closure,
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 defenses that 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, a
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 amount that 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 of a 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" means a person,
other than the owner or operator, who provides evidence of financial
responsibility for an owner or operator under this section. 

   SECTION 1.    Section 25200 of the   Health
and Safety Code   is amended to read: 
   25200.  (a) The department shall issue hazardous waste facilities
permits to use and operate one or more hazardous waste management
units at a facility that in the judgment of the department meet the
building standards published in the State Building Standards Code
relating to hazardous waste facilities and the other standards and
requirements adopted pursuant to this chapter. The department shall
impose conditions on each hazardous waste facilities permit
specifying the types of hazardous wastes that may be accepted for
transfer, storage, treatment, or disposal. The department may impose
any other conditions on a hazardous waste facilities permit that are
consistent with the intent of this chapter.
   (b) The department may impose, as a condition of a hazardous waste
facilities permit, a requirement that the owner or operator of a
hazardous waste facility that receives hazardous waste from more than
one producer comply with any order of the director that prohibits
the facility operator from refusing to accept a hazardous waste based
on geographical origin that is authorized to be accepted and may be
accepted by the facility without extraordinary hazard.
   (c) (1) (A)  Any   A  hazardous waste
facilities permit issued by the department shall be for a fixed term,
which shall not exceed 10 years for any land disposal facility,
storage facility, incinerator, or other treatment facility.
   (B)  Before the fixed term of a permit expires, the
  The    owner or operator of a facility
intending to extend the term of the facility's permit shall submit
 a  complete Part A  application 
 and Part B applications  for a permit  renewal. At
any time following   renewal at least two years prior to
 the  submittal   expiration date  of
the  Part A application, the owner or operator of a facility
shall submit a complete Part B application, or any portion thereof,
as well as any   permit. Any  other relevant
 information,   information shall be submitted
 as and when requested by the department.  To the extent
not inconsistent with the federal act, when a complete Part A
renewal application, and any other requested information, has been
submitted before the end of the permit's fixed term, the permit is
deemed extended until the renewal application is approved or denied
and the owner or operator has exhausted all applicable rights of
appeal.  
   (C) To the extent not inconsistent with the federal act, for an
owner or operator in compliance with subparagraph (B), the permit
shall be deemed extended until the renewal application is approved or
denied and all applicable rights of appeal have been exhausted.
 
   (D) The department shall issue a final permit decision for permit
renewal for a facility within 36 months following the expiration of
the permit's fixed term. A facility that has not been issued a final
permit within 36 months following the expiration of the permit's
fixed term shall be deemed in violation of this chapter. 

   (C) 
    (E)  This section does not limit or restrict the
department's authority to impose any additional or different
conditions on an extended permit that are necessary to protect human
health and the environment. 
   (D) 
    (F)  In adopting new conditions for an extended permit,
the department shall follow the applicable permit modification
procedures specified in this chapter and the regulations adopted
pursuant to this chapter. 
   (E) 
    (G)  When prioritizing pending renewal applications for
processing and in determining the need for any new conditions on an
extended permit, the department shall consider any input received
from the public.
   (2) The department shall review each hazardous waste facilities
permit for a land disposal facility five years after the date of
issuance or reissuance, and shall modify the permit, as necessary, to
 assure   ensure  that the facility
continues to comply with the currently applicable requirements of
this chapter and the regulations adopted pursuant to this chapter.
   (3) This subdivision does not prohibit the department from
reviewing, modifying, or revoking a permit at any time during its
term.
   (d) (1) When reviewing  any  an 
application for a permit renewal, the department shall consider
improvements in the state of control and measurement technology as
well as changes in applicable regulations.
   (2) Each permit issued or renewed under this section shall contain
the terms and conditions that the department determines necessary to
protect human health and the environment.
   (e) A permit issued pursuant to the federal act by the
Environmental Protection Agency in the state for which no state
hazardous waste facilities permit has been issued shall be deemed to
be a state permit enforceable by the department until a state permit
is issued. In addition to complying with the terms and conditions
specified in a federal permit deemed to be a state permit pursuant to
this section, an owner or operator who holds that permit shall
comply with the requirements of this chapter and the regulations
adopted by the department to implement this chapter.
  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.