SB 812

  • California Senate Bill
  • 2013-2014 Regular Session
  • Introduced in Senate Feb 22, 2013
  • Passed Senate Jan 28, 2014
  • Passed Assembly Aug 27, 2014
  • Governor

Hazardous waste.

Bill Subjects

Hazardous Waste.

Abstract

(1) Existing law requires facilities handling hazardous waste to obtain a permit from the Department of Toxic Substances Control. Existing law requires an owner or operator of a facility intending to renew the facility's permit to submit a complete Part A application for a permit renewal prior to the expiration of the permit. Existing law requires the owner or operator to submit a complete Part B application when requested by the department. Existing law requires the department to issue a permit if the facility meets specified requirements. This bill would instead require the owner or operator of a facility to submit complete Part A and Part B applications for a permit renewal at least 2 years prior to the expiration date of the permit. The bill would require the department to issue a final permit decision for an application for permit renewal within 36 months of the expiration of the facility's permit. The bill would provide that an application for permit renewal shall be deemed denied if a final permit decision has not been issued for the application within that time period. (2) Existing law requires the department, in the case of a release of hazardous waste or constituents into the environment from a hazardous waste facility that is required to obtain a permit, to pursue available remedies, including the issuance of an order for corrective action, before using available legal remedies, except in specified circumstances. This bill would repeal the above requirements and would instead require the department, under specified circumstances, to request an owner or operator of a hazardous waste facility to submit to the department for review and approval a written cost estimate to cover activities associated with a corrective action based on available data, history of releases, and site activities, as specified. The bill would require the owner or operator to submit the corrective action cost estimate within 60 days of the department's request. The bill would require the owner or operator, within 90 days of the approval of the corrective action cost estimate, to fund the cost estimate or enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action. (3) Existing law requires the department, on or before January 1 of each odd-numbered year, to post on its Internet Web site specified information. This bill would add certain information that would need to be posted. (4) Existing law authorizes the Department of Toxic Substances Control to issue an order under the hazardous waste control laws requiring that a violation be corrected and imposing a civil penalty to specified persons, including a person who has violated various provisions regulating hazardous waste or provisions concerning removal and remedial actions for hazardous substance releases. A person who is issued that order is required to pay for oversight of the removal or remedial action. Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account Act, authorizes the department to take or oversee removal and remedial actions related to the release of hazardous substances. Existing law authorizes the Attorney General to recover from the liable person, as defined, the costs incurred by the department or a California regional water quality control board in carrying out the act and requires that any monetary obligation owed to the department pursuant to the act or the hazardous waste control laws be subject to a specified rate of interest earned in the Surplus Money Investment Fund. This bill would require a person to pay for oversight of any corrective action required of the person with respect to hazardous waste, and would authorize the recovery by the Attorney General of costs incurred with regard to carrying out or overseeing a removal action, a remedial action, or a corrective action under the act or under the hazardous waste control laws. The bill would require any monetary obligation owed to the department under the act or these laws to accrue interest at the same rate as the modified adjusted rate per annum imposed for underpayments of sales and use taxes to the state. (5) This bill would establish, until January 1, 2020, the DTSC Community Oversight Committee within the department and require the committee to make recommendations to the department to increase public participation in, and the transparency of, the department's decisionmaking, and to serve as a resource and liaison for communities and residents in communication with the department. The bill would require the department, by July 1, 2017, to develop and implement programmatic reforms designed to improve the protectiveness, timeliness, legal defensibility, and enforceability of the department's permitting program.

Bill Sponsors (1)

De León

     
Author

Votes


Actions


Nov 30, 2014

Senate

Consideration of Governors veto died on file.

Sep 29, 2014

Senate

In Senate. Consideration of Governor's veto pending.

Senate

Vetoed by the Governor.

Sep 08, 2014

California State Legislature

Enrolled and presented to the Governor at 3 p.m.

Aug 29, 2014

Senate

Assembly amendments concurred in. (Ayes 24. Noes 12. Page 4969.) Ordered to engrossing and enrolling.

Aug 28, 2014

Senate

Set for hearing August 28.

Senate

From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 1. Page 4959.)

Aug 27, 2014

Senate

In Senate.

Senate

From committee: Be re-referred to Com. on E.Q. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0. Page 4919.) Re-referred to Com. on E.Q.

  • Referral-Committee
  • Committee-Passage
Com. on E.Q. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0. Page 4919.) Re-referred to Com. on E.Q.

Senate

Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  • Referral-Committee
Com. on RLS. pursuant to Senate Rule 29.10.

Assembly

Read third time. Passed. (Ayes 48. Noes 23. Page 6546.) Ordered to the Senate.

Aug 22, 2014

Assembly

Ordered to third reading.

Assembly

Read third time and amended. (Page 6342.)

Aug 19, 2014

Assembly

Read second time. Ordered to third reading.

Aug 18, 2014

Assembly

Read second time and amended. Ordered to second reading.

Aug 14, 2014

Assembly

From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 14).

Aug 06, 2014

Assembly

Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Jun 24, 2014

Assembly

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on APPR.

Jun 23, 2014

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 17).

Jun 12, 2014

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S. & T.M.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on E.S. & T.M.

May 08, 2014

Assembly

Referred to Com. on E.S. & T.M.

  • Referral-Committee
Com. on E.S. & T.M.

Jan 28, 2014

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Read third time. Passed. (Ayes 27. Noes 7. Page 2666.) Ordered to the Assembly.

Jan 27, 2014

Senate

Read second time. Ordered to third reading.

Jan 23, 2014

Senate

From committee: Do pass. (Ayes 5. Noes 1. Page 2646.) (January 23).

Jan 22, 2014

Senate

Set for hearing January 23.

Jan 21, 2014

Senate

Placed on APPR. suspense file.

Jan 18, 2014

Senate

Set for hearing January 21.

Jan 17, 2014

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on APPR.

Jan 16, 2014

Senate

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 2615.) (January 15).

Jan 06, 2014

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on E.Q.

Dec 19, 2013

Senate

Set for hearing January 15.

Mar 11, 2013

Senate

Referred to Com. on E.Q.

  • Referral-Committee
Com. on E.Q.

Feb 25, 2013

Senate

Read first time.

Feb 24, 2013

Senate

From printer. May be acted upon on or after March 26.

Feb 22, 2013

Senate

Introduced. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB812 HTML
02/22/13 - Introduced PDF
01/06/14 - Amended Senate PDF
01/17/14 - Amended Senate PDF
06/12/14 - Amended Assembly PDF
06/24/14 - Amended Assembly PDF
08/18/14 - Amended Assembly PDF
08/22/14 - Amended Assembly PDF
09/03/14 - Enrolled PDF

Related Documents

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Sources

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