Amended  IN  Senate  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 774

Introduced by Senator Leyva

February 17, 2017

An act to add Article 9.3 (commencing with Section 25206.5) to Chapter 6.5 of amend Sections 11552 and 11553.5 of the Government Code, and to add Chapter 6 (commencing with Section 24700) to Division 20 of the Health and Safety Code, to relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 774, as amended, Leyva. Hazardous waste: management council. substances: California Toxic Substances Board.
Existing law provides that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. Existing law requires the department to, among other things, issue hazardous waste facilities permits to facilities handling hazardous waste and to enforce the requirements of the hazardous waste control laws through various means, including conducting inspections, issuing orders requiring that violations be corrected, and imposing administrative penalties.
This bill would create in the California Environmental Protection Agency the California Toxic Substances Board, which would succeed to and be vested with all of the powers, duties, purposes, responsibilities, and jurisdiction of the department and the Director of Toxic Substances Control. The bill would provide for the membership of the board, the salary and terms of the board members, and the duties, powers, and requirements of the board. The bill would create the position of executive officer of the board, appointed by the Governor and confirmed by the Senate, with specified powers and duties, and would require that the board be divided into at least 3 divisions, with a deputy director or division chief appointed by the board for each division, as specified.

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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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:
(1) Commissioner of Business Oversight.
(2) Director of Transportation.
(3) Real Estate Commissioner.
(4) Director of Social Services.
(5) Director of Water Resources.
(6) Director of General Services.
(7) Director of Motor Vehicles.
(8) Executive Officer of the Franchise Tax Board.
(9) Director of Employment Development.
(10) Director of Alcoholic Beverage Control.
(11) Director of Housing and Community Development.
(12) Director of Alcohol and Drug Programs.
(13) Director of Statewide Health Planning and Development.
(14) Director of the Department of Human Resources.
(15) Director of Health Care Services.
(16) Director of State Hospitals.
(17) Director of Developmental Services.
(18) State Public Defender.
(19) Director of the California State Lottery.
(20) Director of Fish and Wildlife.
(21) Director of Parks and Recreation.
(22) Director of Rehabilitation.
(23) Director of the Office of Administrative Law.
(24) Director of Consumer Affairs.
(25) Director of Forestry and Fire Protection.
(26) The Inspector General pursuant to Section 6125 of the Penal Code.
(27) Director of Child Support Services.
(28) Director of Industrial Relations.
(29) Director of Toxic Substances Control.
(30) Director of Pesticide Regulation.
(31) Director of Managed Health Care.
(32) Director of Environmental Health Hazard Assessment.
(33) Director of California Bay-Delta Authority.
(34) Director of California Conservation Corps.
(35) Director of Technology.
(36) Director of Emergency Services.
(37) Executive Officer of the California Toxic Substances Board.
(b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year.

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:
(1) Member of the Agricultural Labor Relations Board.
(2) Member of the State Energy Resources Conservation and Development Commission.
(3) Member of the Public Utilities Commission.
(4) Member of the Public Employment Relations Board.
(5) Member of the Unemployment Insurance Appeals Board.
(6) Member of the Workers’ Compensation Appeals Board.
(7) Member of the State Water Resources Control Board.
(8) Member of the California Toxic Substances Board.
(b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general cost-of-living salary increases provided for state employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is subject to Section 11565.5.

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:
(a) “Board” means the California Toxic Substances Board.
(b) “Hazardous substance” has the same meaning as specified in Section 25316.
(c) “Hazardous waste” has the same meaning as specified in Section 25117.
(d) “Waste discharger” means a person engaged in disposal, as that term is defined in Section 25113, of waste.
(e) “Waste” has the same meaning as specified in Section 25124.

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.
(b) A board member shall not participate in a proceeding before the board as a consultant or in any other capacity on behalf of a waste discharger.
(c) Upon the request of a person, or on the Attorney General’s own initiative, the Attorney General may file a complaint in the superior court alleging that a board member has knowingly violated this section and the facts upon which the allegation is based and asking that the member be removed from office. Further proceedings shall be in accordance as near as may be with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section, it shall pronounce judgment that the member be removed from office.

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.
(b) A reference in any law or regulation to the Department of Toxic Substances Control or the Director of Toxic Substances Control shall be deemed to refer to the board.

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.
(b) The board shall hold meetings at least monthly at times and at places as shall be determined by the board. The Governor shall designate the time and place for the first meeting of the board. Three members of the board shall constitute a quorum for the purpose of transacting any business of the board.

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.
(2) A hearing or investigation by the board may be conducted by any member upon authorization of the board. The member shall have the powers granted to the board by this section, but any final action of the board shall be taken by a majority of all the members of the board, at a meeting duly called and held.
(b) A hearing held by the board or by any member of the board shall be open and public.

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.
(b) The Governor shall appoint an executive officer, subject to confirmation by the Senate, who shall hold office at the pleasure of the Governor. The executive officer shall receive the annual salary provided by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) The board shall appoint a deputy director or division chief for each division. The deputy director or division chief of each division shall report to the executive officer. The deputy director or division chief of each division shall supervise the work of the division and act as the technical adviser to the board on functions under his or her jurisdiction. The deputy director or division chief of each division shall have expertise in the subject matter within the jurisdiction of the division that he or she supervises.
(d) The board may delegate any power, duty, purpose, function, and jurisdiction of the board to the executive officer that the board determines to be appropriate. The executive officer shall perform and discharge the powers, duties, purposes, functions, and jurisdiction vested in the board and delegated to the executive officer by the board. The executive officer may redelegate any of the powers, duties, purposes, functions, and jurisdictions that are delegated to him or her by the board to his or her subordinates.
(e) The executive officer is hereby delegated the board’s authority to issue, renew, reissue, revise, amend, suspend, revoke, or deny a hazardous waste permit and to issue citations, assess penalties, or issue enforcement actions, pursuant to Chapter 6.5 (commencing with Section 25100). A decision or action of the executive officer taken pursuant to Chapter 6.5 (commencing with Section 25100) is deemed a decision or action of the board unless an affected party requests specific consideration of the item by a public hearing of the board.
(f) The Attorney General shall represent the board in litigation concerning affairs of the board, unless the Attorney General represents another state agency that is a party to the action. In that case, the Attorney General may represent the board with the written consent of the board and the other state agency, the board may contract for the services of private counsel to represent the board subject to Section 11040 of the Government Code, or the legal counsel of the board may represent the board. Sections 11041, 11042, and 11043 of the Government Code shall not apply to the board.

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.

SECTION 1.Article 9.3 (commencing with Section 25206.5) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
9.3.Hazardous Waste Management Council
25206.5.

(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.