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
Assembly
July 03, 2017 |
Amended
IN
Senate
March 23, 2017 |
Senate Bill | No. 774 |
Introduced by Senator Leyva |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law provides
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
(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 1.
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.SEC. 2.
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,(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.
24701.
Except where the context otherwise requires, the definitions provided in Article 2 (commencing with Section 25110) of Chapter 6.5 and Article 2 (commencing with Section 25310) of Chapter 6.8 govern the construction of this chapter.Article 2. California Toxic Substances Board
24710.
The Legislature hereby finds and declares that in order to provide effective, reliable, 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 a24711.
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) A member of the board shall be appointed for a term of four24715.
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.(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.
24716.
(a) The board shall conduct monthly public hearings to consider matters before the board, at times and places determined by the board. The first meeting of the board shall be held on August 1, 2018. The Governor shall designate the time and place for the first meeting of the board.24717.
The board may adjourn to, or meet solely in, executive session to discuss legal matters, personnel matters, or matters relating to pending enforcement actions. The board may meet with the Attorney General, the director, and department legal counsel in executive session.24718.
In January of each year, the board shall hold an annual public meeting at which the department shall provide status reports on the department’s priorities and work plans for hazardous waste management programs, site remediation programs, and regulation development from the previous year, and shall present on its current and pending work plans and priorities. The board shall set an annual agenda for the department’s priorities and work plans for the current year.24719.
(a) The board may review the law on hazardous waste management and site remediation and make recommendations to the Legislature for changes to the law that will enhance management of hazardous waste in California.24717.24720.
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.24718.24721.
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.(a)
24722.
The board shall maintain its headquarters in(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.
24720.24723.
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.(a)(1)
24724.
The board may(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.
24722.24725.
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. 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.
24726.
The board may use and direct administrative staff, regulatory staff, legal counsel, and other personnel employed by the department in areas under which the board has authority if necessary or convenient for the exercise of its duties and powers authorized by law, consistent with all applicable state human resources laws.24727.
Notwithstanding any other law, the board shall appoint the director, who shall hold office at the pleasure of the board.(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
24728.
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.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.