Bill Text: CA SB673 | 2015-2016 | Regular Session | Chaptered


Bill Title: Hazardous waste.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-10-08 - Chaptered by Secretary of State. Chapter 611, Statutes of 2015. [SB673 Detail]

Download: California-2015-SB673-Chaptered.html
BILL NUMBER: SB 673	CHAPTERED
	BILL TEXT

	CHAPTER  611
	FILED WITH SECRETARY OF STATE  OCTOBER 8, 2015
	APPROVED BY GOVERNOR  OCTOBER 8, 2015
	PASSED THE SENATE  SEPTEMBER 11, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2015
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2015
	AMENDED IN ASSEMBLY  JULY 8, 2015
	AMENDED IN SENATE  MAY 5, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Lara
   (Principal coauthor: Assembly Member Santiago)

                        FEBRUARY 27, 2015

   An act to add Sections 25200.21 and 25200.23 to the Health and
Safety Code, relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 673, Lara. Hazardous waste.
   The Hazardous Waste Control Law, among other things, authorizes
the Department of Toxic Substances Control to regulate the generation
and disposal of hazardous waste.
    This bill would require the department, by January 1, 2018, to
establish or update criteria for use in determining whether to issue
a new or modified hazardous waste facilities permit or a renewal of a
hazardous waste facilities permit, and to develop and implement, by
July 1, 2018, programmatic reforms designed to improve the
protectiveness, timeliness, legal defensibility, and enforceability
of the department's permitting program.



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

  SECTION 1.  Section 25200.21 is added to the Health and Safety
Code, to read:
   25200.21.  On or before January 1, 2018, the department shall
adopt regulations establishing or updating criteria used for the
issuance of a new or modified permit or renewal of a permit, which
may include criteria for the denial or suspension of a permit. In
addition to any other criteria the department may establish or update
in these regulations, the department shall consider for inclusion as
criteria all of the following:
   (a) Number and types of past violations that will result in a
denial.
   (b) The vulnerability of, and existing health risks to, nearby
populations. Vulnerability and existing health risks shall be
assessed using available tools, local and regional health risk
assessments, the region's federal Clean Air Act attainment status,
and other indicators of community vulnerability, cumulative impact,
and potential risks to health and well-being.
   (c) Minimum setback distances from sensitive receptors, such as
schools, child care facilities, residences, hospitals, elder care
facilities, and other sensitive locations.
   (d) Evidence of financial responsibility and qualifications of
ownership.
   (e) Provision of financial assurances pursuant to Section 25200.1.

   (f) Training of personnel in the safety culture and plans,
emergency plans, and maintenance of operations.
   (g) Completion of a health risk assessment.
  SEC. 2.  Section 25200.23 is added to the Health and Safety Code,
to read:
   25200.23.  On or before July 1, 2018, the department shall develop
and implement programmatic reforms designed to improve the
protectiveness, timeliness, legal defensibility, and enforceability
of the department's permitting program, including strengthening
environmental justice safeguards, enhancing enforcement of public
health protections, and increasing public participation and outreach
activities. In accomplishing these reforms, the department shall do
all of the following:
   (a) Establish transparent standards and procedures for permitting
decisions, including those that are applicable to permit revocation
and denial.
   (b) Establish terms and conditions on permits to better protect
public health and the environment, including in imminent and
substantial endangerment situations.
   (c) Employ consistent procedures for reviewing permit
applications, integrating public input into those procedures, and
making timely permit decisions.
   (d) Enhance public involvement using procedures that provide for
early identification and integration of public concerns into
permitting decisions, including concerns of communities identified
pursuant to Section 39711.          
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