Bill Text: CA SB774 | 2017-2018 | Regular Session | Amended
Bill Title: Research program: firefighting: wildland and wildland-urban interface.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Vetoed) 2018-09-29 - In Senate. Consideration of Governor's veto pending. [SB774 Detail]
Download: California-2017-SB774-Amended.html
Amended
IN
Senate
March 23, 2017 |
Senate Bill | No. 774 |
Introduced by Senator Leyva |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires the Department of Toxic Substances Control, when implementing the hazardous waste control law, to, among other things, maintain a technical reference center on hazardous waste management practices, and to develop and implement an industry education program.
This bill would establish the Hazardous Waste Management Council to serve as an advisory body to the department and to the state regarding hazardous waste management issues. The council would consist of 16 members, including 4 members who are directors or chairpersons of specified state departments and boards, or designees of those officials, 3 members appointed by the Speaker of the Assembly, one of whom would be required to be a Member of the Assembly, a Member of the Senate appointed by the Senate Committee on Rules, 2 members appointed by the President pro Tempore
of the Senate, 3 members appointed by the Governor, and 3 members appointed by specified local government associations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11552 of the Government Code is amended to read:11552.
(a) Effective January 1, 1988, an annual salary of eighty-five thousand four hundred two dollars ($85,402) shall be paid to each of the following:SEC. 2.
Section 11553.5 of the Government Code is amended to read:11553.5.
(a) Effective January 1, 1988, an annual salary of seventy-nine thousand one hundred twenty-two dollars ($79,122) shall be paid to the following:SEC. 3.
Chapter 6 (commencing with Section 24700) is added to Division 20 of the Health and Safety Code, to read:CHAPTER 6. Hazardous Substances
Article 1. General Provisions
24700.
For purposes of this chapter, the following definitions apply:Article 2. California Toxic Substances Board
24710.
The Legislature hereby finds and declares that in order to provide effective, transparent, and accountable oversight of California’s hazardous waste management and the remediation of contaminated sites, and to prevent threats associated with hazardous substances, it is necessary to establish a board to exercise the adjudicatory and regulatory functions of the state in the field of hazardous substances.24711.
There is hereby established in the California Environmental Protection Agency the California Toxic Substances Board consisting of five members appointed by the Governor and confirmed by the Senate. One member shall be an attorney admitted to practice law in this state who is qualified in the field of environmental law pertaining to hazardous waste, hazardous substances, or site remediation. One member shall be an environmental scientist qualified in the fields of toxicology, chemistry, geology, industrial hygiene, or engineering specific to the statutory responsibilities of the board. One member shall be a scientist or medical professional qualified in the area of toxic substances. One member shall be qualified in the area of regulatory permitting. One member shall be a member of the public.24712.
(a) A member of the board shall not participate in any board action in which the board member has a disqualifying financial interest in the decision within the meaning of Section 87103 of the Government Code.24713.
The annual salary of the members of the board is provided for by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. A member of the board shall receive the necessary traveling and other expenses incurred by that member in the performance of his or her official duties out of appropriations made for the support of the board. If necessary, the members of the board may travel within or without the state.24714.
A member of the board shall be appointed for a term of four years. A vacancy shall be immediately filled by the Governor for the unexpired portion of the term in which it occurs.24715.
A member of the board may be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty, corruption, or incompetency.24716.
(a) The board succeeds to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction of the Department of Toxic Substances Control and the Director of Toxic Substances Control.24717.
The board, or representatives authorized by the board to do so, may hold, attend, or otherwise participate in conferences or hearings, official or unofficial, within or without this state, with interested persons, agencies, or officers, of this or any other state, or with the Congress of the United States, congressional committees, or officers of the federal government, concerning any matter within the scope of the power and duties of the board.24718.
As to any matter involving the United States, or its departments or agencies, that is within the scope of the power and duties of the board, the board may represent the interest of the state or any county, city, state agency or public district upon their request, and to that end may correspond, confer, and cooperate with the United States, or its departments or agencies, and where necessary the board members or authorized representatives may travel either within or without the state.24719.
(a) The board shall maintain its headquarters in Sacramento and may establish branch offices in the state as the board deems necessary.24720.
The Governor shall designate the chairperson of the board from the membership of the board. The person so designated shall hold the office of chairperson at the pleasure of the Governor. The board shall elect a vice chairperson.24721.
(a) (1) The board may hold hearings and conduct investigations in the state necessary to carry out the powers vested in the board, and for these purposes has the powers conferred upon heads of departments of the state by Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.24722.
The board shall adopt rules for the conduct of its affairs in conformity, as nearly as practicable, with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.24723.
The board shall have any powers, and may employ legal counsel and other personnel and assistance, that may be necessary or convenient for the exercise of its duties authorized by law.24724.
(a) For the purpose of administration, the board shall organize itself, with the approval of the Governor, in the manner it deems necessary to properly segregate and conduct the work of the board. The work of the board shall be divided into at least three divisions, which shall be known as the Division of Hazardous Waste Management, the Division of Site Remediation, Brownfields, and Site Restoration, and the Division of Safer Products and Workplace Safety.24725.
The board may expend moneys appropriated for the administration of the laws the administration of which is committed to the board. These expenditures by the board shall be made in accordance with law in carrying on the work for which the appropriations were made.24726.
The board shall publish biennial progress reports relating to the activities of the board.(a)There is in state government a Hazardous Waste Management Council, which shall serve as an advisory body to the department and to the state regarding hazardous waste management issues. The council shall consist of the following 16 members:
(1)The director or a designated representative.
(2)The Director of Resources Recycling and Recovery or a designated representative.
(3)The chairperson of the State Water Resources Control Board or designated representative.
(4)The
chairperson of the State Air Resources Board or a designated representative.
(5)Three members appointed by the Speaker of the Assembly as follows:
(A)One Member of the Assembly.
(B)One representative who belongs to a California municipal association.
(C)One representative who belongs to a California association connected with the waste management industry.
(6)One Member of the Senate appointed by the Senate Committee on Rules.
(7)Two members appointed by the President pro Tempore of the Senate as follows:
(A)One representative who belongs to a California association connected with the chemical manufacturing industry.
(B)One representative who belongs to a California environmental association.
(8)Three members appointed by the Governor as follows:
(A)One representative who belongs to a public interest group.
(B)One representative who shall be a registered geologist experienced in toxic and solid waste disposal and groundwater protection.
(C)One representative who shall be a chemical engineer experienced in the waste management
field.
(9)One representative selected by the County Supervisors Association of California, who shall be a member of the board of supervisors from a county that is not represented through the
association pursuant to subdivisions (10) and (11) and that county is not within a metropolitan statistical area as defined in the federal census.
(10)One representative appointed by the Association of Bay Area Governments.
(11)One representative appointed by the Southern California Association of Governments.
(b)The appointments required to be made pursuant to paragraphs (5), (6), (7), and (8) of subdivision (a) shall be made on or before March 1, 2018.