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 13, 2017 |
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 requires counties and certain regional governments to prepare, review, and adopt county hazardous waste management plans and regional hazardous waste management plans, respectively, and requires the department to prepare and adopt a state hazardous waste management plan.
This bill would require the board to draft, review, and update those hazardous waste management plans.
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 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. 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, “board” means the California Toxic Substances Board.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 establish24711.
(a) The California Toxic Substances Board is hereby established in the department, consisting of five members appointed by the Governor and24712.
(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 four years, except as provided in subdivision (b). 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 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 or before August 1, 2018.(1)Presentations on draft regulations, including, but not limited to, the status of a regulation, draft language of a regulation, if available, and any workshops, comments, or other correspondence received relating to the development of a regulation.
(2)Complete records of the hazardous waste facilities permits and sites to be reviewed at the hearing, answers to questions and responses to comments submitted to the board or the department no less than 14 days before
the hearing relating to those permits and sites, and testimony concerning the records.
(3)Other information, records, and testimony, at the discretion 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, or her or his designee, 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.(c)The board shall adopt regulations pursuant to Article 1.5 (commencing with Section 25108) of Chapter 6.5 and Article 1.5 (commencing with Section 25303) of Chapter 6.8.
(d)Notwithstanding Article 3.5 (commencing with Section 25135) of Chapter 6.5, the board shall draft, review, and update the hazardous waste management plans described in Article 3.5 (commencing with Section 25135) of Chapter 6.5.
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.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.24722.
The board shall maintain its headquarters in Sacramento.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.24724.
The board may direct the director to 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.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.24726.
The board may direct the director to use and direct administrative staff, regulatory staff, legal counsel, and other personnel employed by the department24727.
Notwithstanding any other law, the board shall appoint the director, who shall hold office at the pleasure of the board.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.24729.
The board may expend moneys appropriated for the administration of this article.24730.
The board shall post on the board’s Internet Web site biennial progress reports relating to the activities of the board.(a)Except as provided in subdivision (c), a provision of this chapter that authorizes or requires the department to adopt regulations shall be construed to instead authorize or require, as applicable, the department to develop draft regulations and the California Toxic Substances Board to review and adopt those regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The California Toxic Substances Board may revise a draft regulation developed by the department pursuant to this section before adopting that regulation.
(b)(1)A
regulation adopted by the department pursuant to this chapter before January 1, 2018, shall remain in effect after that date, unless that regulation or another law provides otherwise.
(2)Notwithstanding paragraph (1), the California Toxic Substances Board may amend or repeal any regulation that was adopted by the department pursuant to this chapter before January 1, 2018.
(c)This section shall not apply to Article 14 (commencing with Section 25251).
(a)A provision of this chapter that authorizes or requires the department to adopt regulations shall be construed to instead authorize or require, as applicable, the department to develop draft regulations and the California Toxic Substances Board to review and adopt those regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The California Toxic Substances Board may revise a draft regulation developed by the department pursuant to this section before adopting that regulation.
(b)(1)A regulation adopted by the department pursuant to this chapter
before January 1, 2018, shall remain in effect after that
date, unless that regulation or another law provides otherwise.
(2)Notwithstanding paragraph (1), the California Toxic Substances Board may amend or repeal any regulation that was adopted by the department pursuant to this chapter before January 1, 2018.