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

California Senate Bill 654 (Prior Session Legislation)

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  JUNE 2, 2015
	AMENDED IN SENATE  APRIL 21, 2015

INTRODUCED BY   Senator De Le�n

                        FEBRUARY 27, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 654, as amended, De Le�n. Hazardous waste: facilities
permitting.
    (1) Existing law, as part of the hazardous waste control law,
requires 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 the hazardous waste control law is a crime.
   This bill would instead require the owner 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   that, when a complete renewal
application has been submitted before the end of a permit's fixed
term, the permit shall be deemed extended for a period not to exceed
36 months until the renewal application is approved or denied and the
owner or operator has exhausted all applicable rights of appeal.
  The bill would specify alternative timelines and rules
relating to renewal for permits that expire before January 1, 2019.
Because  a violation of  the hazardous waste control law
is   these requirements 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 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) 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)  (i)    The owner or operator of a facility
intending to extend the term of the facility's permit shall submit
complete Part A and Part B applications for a permit renewal at least
two years prior to the expiration date of the permit. Any other
relevant information shall be submitted as and when requested by the
department. 
   (ii) Notwithstanding clause (i), the owner or operator of a
facility intending to extend the term of a permit that expires before
January 1, 2018, shall submit complete Part A and Part B
applications for a permit renewal before January 1, 2018. 
   (C)  (i)    To the extent not inconsistent with
the federal act,  for an owner or operator in compliance with
subparagraph (B),   when an owner or operator satisfies
clause (ii) of subparagraph (B), or a complete renewal application,
and any other requested information, has been submitted before the
end of a permit's fixed term,  the permit shall be deemed
extended until the renewal application is approved or denied and 
the owner or operator has exhausted  all applicable rights of
 appeal have been exhausted.   appeal, except
that this extension shall not exceed 36 months.  
   (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. 

   (ii) Notwithstanding clause (i), for a facility with a permit that
expires before January 1, 2016, and for which an application for a
permit renewal has been submitted before January 1, 2016, the permit
shall be deemed extended until the renewal application is approved or
denied and the owner or operator has exhausted all applicable rights
of appeal, except that this extension shall not extend beyond
December 31, 2018.  
   (E) 
    (D)  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. 
   (F) 
    (E)  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. 
   (G) 
    (F)  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
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 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.