Amended IN Assembly March 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2104Introduced by Assembly Member Cristina GarciaFebruary 06, 2020 An act to amend Section 25215.51 of the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 2104, as amended, Cristina Garcia. Lead-acid batteries: Lead-Acid Battery Recycling Facility Investigation and Cleanup Program.Existing law requires the Department of Toxic Substances Control to establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program to identify areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund for certain purposes. Existing law requires the program to provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. Existing law requires the department to accept and review comments or information from the public on the public notice submitted at any time after the release of the public notice until the department completes its investigation. Existing law requires the department to investigate and respond to any reasonable information provided by the public that might suggest the area was not contaminated by the operation of a lead-acid battery recycling facility or that the facility in question was not involved in the recycling of lead-acid batteries. Existing law provides that expenditure from the fund for purposes of further investigation or evaluation for a site is no longer authorized if, within 2 years of the public notice, the department is unable to designate a site as determined with reasonable certainty to have been contaminated by the operation of a lead-acid battery recycling facility. Existing law authorizes the department to extend the deadline for the completion of an investigation, with good cause shown and adequate public notice of the basis for that extension, to no more than 3 months after the original 2-year deadline.This bill would require the department to accept comments and information from the public that are submitted within 90 days after the issuance of the public notice and to review, and respond in writing to, the comments and information before the department completes its investigation. The bill would require the department to investigate and respond to any information provided by the public that indicates either of the two circumstances described above, or that indicates that another source may be responsible for the contamination. The bill would authorize the department to extend the deadline for the completion of an investigation additional times in increments of up to 3 months, not to exceed one year after the original 2-year deadline in total.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25215.51 of the Health and Safety Code is amended to read:25215.51. (a) The department shall establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program, or LABRIC Program, which shall be responsible for identifying areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 25215.5.(b) The LABRIC Program shall provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. The public notice shall provide a summary of the information relied on by the department, as well as copies of any information or documents currently in the departments possession regarding the facility, if subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). The department shall accept comment from comments or information that the public on submits within 90 days after issuance of the public notice required by this subdivision and shall accept and review comments or information submitted at any time after the release of the public notice until and, before the department completes its investigation pursuant to subdivision (c). (c), shall review and provide written responses to any comments or information submitted.(c) (1) Upon completion of an investigation or site evaluation conducted pursuant to subdivision (b), the department, consistent with procedures included within the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), shall provide notice and an opportunity for comment on the proposed designation of a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility. Reasonable certainty shall be established based on all reasonably available information, including information provided by the public, to conclude that the contamination in a specific area was directly attributable to releases from the lead-acid battery recycling facility.(2) Any proposed designation, as described in paragraph (1), shall include an explanation of the basis for the departments designation, a summary of the evidence relied on by the department in reaching the proposed designation, any information that might suggest the site was not involved in lead-acid battery recycling or that the contamination was not directly attributable to releases from the lead-acid battery recycling facility, and copies of any information or documents reviewed or relied on during the investigation and evaluation of the site, if subject to disclosure pursuant to the California Public Records Act.(3) The department shall accept comments from the public consistent with the procedures included within the Administrative Procedure Act. The department shall investigate and respond to any reasonable information provided by the public indicating that might suggest the area was not contaminated by the operation of a lead-acid battery recycling facility, or that the facility in question was not involved in the recycling of lead-acid batteries. batteries, or that another source may be responsible for the contamination.(4) A site designation shall be considered a final action, subject to judicial review in the same manner as provided pursuant to the Administrative Procedure Act.(d) (1) If, within two years of a public notice required by subdivision (b), the department is unable to designate a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility, the public notice shall be deemed to have been withdrawn and expenditure pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of Section 25215.5 for purposes of further investigation or evaluation for the site shall no longer be authorized. authorized, except as provided in paragraph (3).(2) No less than 30 days before the deadline established pursuant to paragraph (1), the department may extend the deadline for the completion of an investigation initiated pursuant to subdivision (b), with good cause shown and adequate public notice of the basis for that extension, by up to three months, and may extend the deadline additional times in increments of up to three months, not to exceed one year after the deadline established pursuant to paragraph (1) in total.(3) The department may, within its discretion, issue a new public notice pursuant to subdivision (b) for a site if the department determines that new evidence warrants continued or renewed investigation or evaluation of the site.(e) Information regarding the departments progress in implementing this section shall be included in the report required by subdivision (c) of Section 25215.5.
Amended IN Assembly March 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2104Introduced by Assembly Member Cristina GarciaFebruary 06, 2020 An act to amend Section 25215.51 of the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 2104, as amended, Cristina Garcia. Lead-acid batteries: Lead-Acid Battery Recycling Facility Investigation and Cleanup Program.Existing law requires the Department of Toxic Substances Control to establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program to identify areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund for certain purposes. Existing law requires the program to provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. Existing law requires the department to accept and review comments or information from the public on the public notice submitted at any time after the release of the public notice until the department completes its investigation. Existing law requires the department to investigate and respond to any reasonable information provided by the public that might suggest the area was not contaminated by the operation of a lead-acid battery recycling facility or that the facility in question was not involved in the recycling of lead-acid batteries. Existing law provides that expenditure from the fund for purposes of further investigation or evaluation for a site is no longer authorized if, within 2 years of the public notice, the department is unable to designate a site as determined with reasonable certainty to have been contaminated by the operation of a lead-acid battery recycling facility. Existing law authorizes the department to extend the deadline for the completion of an investigation, with good cause shown and adequate public notice of the basis for that extension, to no more than 3 months after the original 2-year deadline.This bill would require the department to accept comments and information from the public that are submitted within 90 days after the issuance of the public notice and to review, and respond in writing to, the comments and information before the department completes its investigation. The bill would require the department to investigate and respond to any information provided by the public that indicates either of the two circumstances described above, or that indicates that another source may be responsible for the contamination. The bill would authorize the department to extend the deadline for the completion of an investigation additional times in increments of up to 3 months, not to exceed one year after the original 2-year deadline in total.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 04, 2020
Amended IN Assembly March 04, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2104
Introduced by Assembly Member Cristina GarciaFebruary 06, 2020
Introduced by Assembly Member Cristina Garcia
February 06, 2020
An act to amend Section 25215.51 of the Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2104, as amended, Cristina Garcia. Lead-acid batteries: Lead-Acid Battery Recycling Facility Investigation and Cleanup Program.
Existing law requires the Department of Toxic Substances Control to establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program to identify areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund for certain purposes. Existing law requires the program to provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. Existing law requires the department to accept and review comments or information from the public on the public notice submitted at any time after the release of the public notice until the department completes its investigation. Existing law requires the department to investigate and respond to any reasonable information provided by the public that might suggest the area was not contaminated by the operation of a lead-acid battery recycling facility or that the facility in question was not involved in the recycling of lead-acid batteries. Existing law provides that expenditure from the fund for purposes of further investigation or evaluation for a site is no longer authorized if, within 2 years of the public notice, the department is unable to designate a site as determined with reasonable certainty to have been contaminated by the operation of a lead-acid battery recycling facility. Existing law authorizes the department to extend the deadline for the completion of an investigation, with good cause shown and adequate public notice of the basis for that extension, to no more than 3 months after the original 2-year deadline.This bill would require the department to accept comments and information from the public that are submitted within 90 days after the issuance of the public notice and to review, and respond in writing to, the comments and information before the department completes its investigation. The bill would require the department to investigate and respond to any information provided by the public that indicates either of the two circumstances described above, or that indicates that another source may be responsible for the contamination. The bill would authorize the department to extend the deadline for the completion of an investigation additional times in increments of up to 3 months, not to exceed one year after the original 2-year deadline in total.
Existing law requires the Department of Toxic Substances Control to establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program to identify areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund for certain purposes. Existing law requires the program to provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. Existing law requires the department to accept and review comments or information from the public on the public notice submitted at any time after the release of the public notice until the department completes its investigation. Existing law requires the department to investigate and respond to any reasonable information provided by the public that might suggest the area was not contaminated by the operation of a lead-acid battery recycling facility or that the facility in question was not involved in the recycling of lead-acid batteries. Existing law provides that expenditure from the fund for purposes of further investigation or evaluation for a site is no longer authorized if, within 2 years of the public notice, the department is unable to designate a site as determined with reasonable certainty to have been contaminated by the operation of a lead-acid battery recycling facility. Existing law authorizes the department to extend the deadline for the completion of an investigation, with good cause shown and adequate public notice of the basis for that extension, to no more than 3 months after the original 2-year deadline.
This bill would require the department to accept comments and information from the public that are submitted within 90 days after the issuance of the public notice and to review, and respond in writing to, the comments and information before the department completes its investigation. The bill would require the department to investigate and respond to any information provided by the public that indicates either of the two circumstances described above, or that indicates that another source may be responsible for the contamination. The bill would authorize the department to extend the deadline for the completion of an investigation additional times in increments of up to 3 months, not to exceed one year after the original 2-year deadline in total.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 25215.51 of the Health and Safety Code is amended to read:25215.51. (a) The department shall establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program, or LABRIC Program, which shall be responsible for identifying areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 25215.5.(b) The LABRIC Program shall provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. The public notice shall provide a summary of the information relied on by the department, as well as copies of any information or documents currently in the departments possession regarding the facility, if subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). The department shall accept comment from comments or information that the public on submits within 90 days after issuance of the public notice required by this subdivision and shall accept and review comments or information submitted at any time after the release of the public notice until and, before the department completes its investigation pursuant to subdivision (c). (c), shall review and provide written responses to any comments or information submitted.(c) (1) Upon completion of an investigation or site evaluation conducted pursuant to subdivision (b), the department, consistent with procedures included within the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), shall provide notice and an opportunity for comment on the proposed designation of a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility. Reasonable certainty shall be established based on all reasonably available information, including information provided by the public, to conclude that the contamination in a specific area was directly attributable to releases from the lead-acid battery recycling facility.(2) Any proposed designation, as described in paragraph (1), shall include an explanation of the basis for the departments designation, a summary of the evidence relied on by the department in reaching the proposed designation, any information that might suggest the site was not involved in lead-acid battery recycling or that the contamination was not directly attributable to releases from the lead-acid battery recycling facility, and copies of any information or documents reviewed or relied on during the investigation and evaluation of the site, if subject to disclosure pursuant to the California Public Records Act.(3) The department shall accept comments from the public consistent with the procedures included within the Administrative Procedure Act. The department shall investigate and respond to any reasonable information provided by the public indicating that might suggest the area was not contaminated by the operation of a lead-acid battery recycling facility, or that the facility in question was not involved in the recycling of lead-acid batteries. batteries, or that another source may be responsible for the contamination.(4) A site designation shall be considered a final action, subject to judicial review in the same manner as provided pursuant to the Administrative Procedure Act.(d) (1) If, within two years of a public notice required by subdivision (b), the department is unable to designate a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility, the public notice shall be deemed to have been withdrawn and expenditure pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of Section 25215.5 for purposes of further investigation or evaluation for the site shall no longer be authorized. authorized, except as provided in paragraph (3).(2) No less than 30 days before the deadline established pursuant to paragraph (1), the department may extend the deadline for the completion of an investigation initiated pursuant to subdivision (b), with good cause shown and adequate public notice of the basis for that extension, by up to three months, and may extend the deadline additional times in increments of up to three months, not to exceed one year after the deadline established pursuant to paragraph (1) in total.(3) The department may, within its discretion, issue a new public notice pursuant to subdivision (b) for a site if the department determines that new evidence warrants continued or renewed investigation or evaluation of the site.(e) Information regarding the departments progress in implementing this section shall be included in the report required by subdivision (c) of Section 25215.5.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 25215.51 of the Health and Safety Code is amended to read:25215.51. (a) The department shall establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program, or LABRIC Program, which shall be responsible for identifying areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 25215.5.(b) The LABRIC Program shall provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. The public notice shall provide a summary of the information relied on by the department, as well as copies of any information or documents currently in the departments possession regarding the facility, if subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). The department shall accept comment from comments or information that the public on submits within 90 days after issuance of the public notice required by this subdivision and shall accept and review comments or information submitted at any time after the release of the public notice until and, before the department completes its investigation pursuant to subdivision (c). (c), shall review and provide written responses to any comments or information submitted.(c) (1) Upon completion of an investigation or site evaluation conducted pursuant to subdivision (b), the department, consistent with procedures included within the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), shall provide notice and an opportunity for comment on the proposed designation of a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility. Reasonable certainty shall be established based on all reasonably available information, including information provided by the public, to conclude that the contamination in a specific area was directly attributable to releases from the lead-acid battery recycling facility.(2) Any proposed designation, as described in paragraph (1), shall include an explanation of the basis for the departments designation, a summary of the evidence relied on by the department in reaching the proposed designation, any information that might suggest the site was not involved in lead-acid battery recycling or that the contamination was not directly attributable to releases from the lead-acid battery recycling facility, and copies of any information or documents reviewed or relied on during the investigation and evaluation of the site, if subject to disclosure pursuant to the California Public Records Act.(3) The department shall accept comments from the public consistent with the procedures included within the Administrative Procedure Act. The department shall investigate and respond to any reasonable information provided by the public indicating that might suggest the area was not contaminated by the operation of a lead-acid battery recycling facility, or that the facility in question was not involved in the recycling of lead-acid batteries. batteries, or that another source may be responsible for the contamination.(4) A site designation shall be considered a final action, subject to judicial review in the same manner as provided pursuant to the Administrative Procedure Act.(d) (1) If, within two years of a public notice required by subdivision (b), the department is unable to designate a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility, the public notice shall be deemed to have been withdrawn and expenditure pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of Section 25215.5 for purposes of further investigation or evaluation for the site shall no longer be authorized. authorized, except as provided in paragraph (3).(2) No less than 30 days before the deadline established pursuant to paragraph (1), the department may extend the deadline for the completion of an investigation initiated pursuant to subdivision (b), with good cause shown and adequate public notice of the basis for that extension, by up to three months, and may extend the deadline additional times in increments of up to three months, not to exceed one year after the deadline established pursuant to paragraph (1) in total.(3) The department may, within its discretion, issue a new public notice pursuant to subdivision (b) for a site if the department determines that new evidence warrants continued or renewed investigation or evaluation of the site.(e) Information regarding the departments progress in implementing this section shall be included in the report required by subdivision (c) of Section 25215.5.
SECTION 1. Section 25215.51 of the Health and Safety Code is amended to read:
### SECTION 1.
25215.51. (a) The department shall establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program, or LABRIC Program, which shall be responsible for identifying areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 25215.5.(b) The LABRIC Program shall provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. The public notice shall provide a summary of the information relied on by the department, as well as copies of any information or documents currently in the departments possession regarding the facility, if subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). The department shall accept comment from comments or information that the public on submits within 90 days after issuance of the public notice required by this subdivision and shall accept and review comments or information submitted at any time after the release of the public notice until and, before the department completes its investigation pursuant to subdivision (c). (c), shall review and provide written responses to any comments or information submitted.(c) (1) Upon completion of an investigation or site evaluation conducted pursuant to subdivision (b), the department, consistent with procedures included within the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), shall provide notice and an opportunity for comment on the proposed designation of a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility. Reasonable certainty shall be established based on all reasonably available information, including information provided by the public, to conclude that the contamination in a specific area was directly attributable to releases from the lead-acid battery recycling facility.(2) Any proposed designation, as described in paragraph (1), shall include an explanation of the basis for the departments designation, a summary of the evidence relied on by the department in reaching the proposed designation, any information that might suggest the site was not involved in lead-acid battery recycling or that the contamination was not directly attributable to releases from the lead-acid battery recycling facility, and copies of any information or documents reviewed or relied on during the investigation and evaluation of the site, if subject to disclosure pursuant to the California Public Records Act.(3) The department shall accept comments from the public consistent with the procedures included within the Administrative Procedure Act. The department shall investigate and respond to any reasonable information provided by the public indicating that might suggest the area was not contaminated by the operation of a lead-acid battery recycling facility, or that the facility in question was not involved in the recycling of lead-acid batteries. batteries, or that another source may be responsible for the contamination.(4) A site designation shall be considered a final action, subject to judicial review in the same manner as provided pursuant to the Administrative Procedure Act.(d) (1) If, within two years of a public notice required by subdivision (b), the department is unable to designate a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility, the public notice shall be deemed to have been withdrawn and expenditure pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of Section 25215.5 for purposes of further investigation or evaluation for the site shall no longer be authorized. authorized, except as provided in paragraph (3).(2) No less than 30 days before the deadline established pursuant to paragraph (1), the department may extend the deadline for the completion of an investigation initiated pursuant to subdivision (b), with good cause shown and adequate public notice of the basis for that extension, by up to three months, and may extend the deadline additional times in increments of up to three months, not to exceed one year after the deadline established pursuant to paragraph (1) in total.(3) The department may, within its discretion, issue a new public notice pursuant to subdivision (b) for a site if the department determines that new evidence warrants continued or renewed investigation or evaluation of the site.(e) Information regarding the departments progress in implementing this section shall be included in the report required by subdivision (c) of Section 25215.5.
25215.51. (a) The department shall establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program, or LABRIC Program, which shall be responsible for identifying areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 25215.5.(b) The LABRIC Program shall provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. The public notice shall provide a summary of the information relied on by the department, as well as copies of any information or documents currently in the departments possession regarding the facility, if subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). The department shall accept comment from comments or information that the public on submits within 90 days after issuance of the public notice required by this subdivision and shall accept and review comments or information submitted at any time after the release of the public notice until and, before the department completes its investigation pursuant to subdivision (c). (c), shall review and provide written responses to any comments or information submitted.(c) (1) Upon completion of an investigation or site evaluation conducted pursuant to subdivision (b), the department, consistent with procedures included within the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), shall provide notice and an opportunity for comment on the proposed designation of a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility. Reasonable certainty shall be established based on all reasonably available information, including information provided by the public, to conclude that the contamination in a specific area was directly attributable to releases from the lead-acid battery recycling facility.(2) Any proposed designation, as described in paragraph (1), shall include an explanation of the basis for the departments designation, a summary of the evidence relied on by the department in reaching the proposed designation, any information that might suggest the site was not involved in lead-acid battery recycling or that the contamination was not directly attributable to releases from the lead-acid battery recycling facility, and copies of any information or documents reviewed or relied on during the investigation and evaluation of the site, if subject to disclosure pursuant to the California Public Records Act.(3) The department shall accept comments from the public consistent with the procedures included within the Administrative Procedure Act. The department shall investigate and respond to any reasonable information provided by the public indicating that might suggest the area was not contaminated by the operation of a lead-acid battery recycling facility, or that the facility in question was not involved in the recycling of lead-acid batteries. batteries, or that another source may be responsible for the contamination.(4) A site designation shall be considered a final action, subject to judicial review in the same manner as provided pursuant to the Administrative Procedure Act.(d) (1) If, within two years of a public notice required by subdivision (b), the department is unable to designate a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility, the public notice shall be deemed to have been withdrawn and expenditure pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of Section 25215.5 for purposes of further investigation or evaluation for the site shall no longer be authorized. authorized, except as provided in paragraph (3).(2) No less than 30 days before the deadline established pursuant to paragraph (1), the department may extend the deadline for the completion of an investigation initiated pursuant to subdivision (b), with good cause shown and adequate public notice of the basis for that extension, by up to three months, and may extend the deadline additional times in increments of up to three months, not to exceed one year after the deadline established pursuant to paragraph (1) in total.(3) The department may, within its discretion, issue a new public notice pursuant to subdivision (b) for a site if the department determines that new evidence warrants continued or renewed investigation or evaluation of the site.(e) Information regarding the departments progress in implementing this section shall be included in the report required by subdivision (c) of Section 25215.5.
25215.51. (a) The department shall establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program, or LABRIC Program, which shall be responsible for identifying areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 25215.5.(b) The LABRIC Program shall provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. The public notice shall provide a summary of the information relied on by the department, as well as copies of any information or documents currently in the departments possession regarding the facility, if subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). The department shall accept comment from comments or information that the public on submits within 90 days after issuance of the public notice required by this subdivision and shall accept and review comments or information submitted at any time after the release of the public notice until and, before the department completes its investigation pursuant to subdivision (c). (c), shall review and provide written responses to any comments or information submitted.(c) (1) Upon completion of an investigation or site evaluation conducted pursuant to subdivision (b), the department, consistent with procedures included within the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), shall provide notice and an opportunity for comment on the proposed designation of a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility. Reasonable certainty shall be established based on all reasonably available information, including information provided by the public, to conclude that the contamination in a specific area was directly attributable to releases from the lead-acid battery recycling facility.(2) Any proposed designation, as described in paragraph (1), shall include an explanation of the basis for the departments designation, a summary of the evidence relied on by the department in reaching the proposed designation, any information that might suggest the site was not involved in lead-acid battery recycling or that the contamination was not directly attributable to releases from the lead-acid battery recycling facility, and copies of any information or documents reviewed or relied on during the investigation and evaluation of the site, if subject to disclosure pursuant to the California Public Records Act.(3) The department shall accept comments from the public consistent with the procedures included within the Administrative Procedure Act. The department shall investigate and respond to any reasonable information provided by the public indicating that might suggest the area was not contaminated by the operation of a lead-acid battery recycling facility, or that the facility in question was not involved in the recycling of lead-acid batteries. batteries, or that another source may be responsible for the contamination.(4) A site designation shall be considered a final action, subject to judicial review in the same manner as provided pursuant to the Administrative Procedure Act.(d) (1) If, within two years of a public notice required by subdivision (b), the department is unable to designate a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility, the public notice shall be deemed to have been withdrawn and expenditure pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of Section 25215.5 for purposes of further investigation or evaluation for the site shall no longer be authorized. authorized, except as provided in paragraph (3).(2) No less than 30 days before the deadline established pursuant to paragraph (1), the department may extend the deadline for the completion of an investigation initiated pursuant to subdivision (b), with good cause shown and adequate public notice of the basis for that extension, by up to three months, and may extend the deadline additional times in increments of up to three months, not to exceed one year after the deadline established pursuant to paragraph (1) in total.(3) The department may, within its discretion, issue a new public notice pursuant to subdivision (b) for a site if the department determines that new evidence warrants continued or renewed investigation or evaluation of the site.(e) Information regarding the departments progress in implementing this section shall be included in the report required by subdivision (c) of Section 25215.5.
25215.51. (a) The department shall establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program, or LABRIC Program, which shall be responsible for identifying areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 25215.5.
(b) The LABRIC Program shall provide public notice of the initiation of the investigation or site evaluation of any area reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility. The public notice shall provide a summary of the information relied on by the department, as well as copies of any information or documents currently in the departments possession regarding the facility, if subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). The department shall accept comment from comments or information that the public on submits within 90 days after issuance of the public notice required by this subdivision and shall accept and review comments or information submitted at any time after the release of the public notice until and, before the department completes its investigation pursuant to subdivision (c). (c), shall review and provide written responses to any comments or information submitted.
(c) (1) Upon completion of an investigation or site evaluation conducted pursuant to subdivision (b), the department, consistent with procedures included within the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), shall provide notice and an opportunity for comment on the proposed designation of a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility. Reasonable certainty shall be established based on all reasonably available information, including information provided by the public, to conclude that the contamination in a specific area was directly attributable to releases from the lead-acid battery recycling facility.
(2) Any proposed designation, as described in paragraph (1), shall include an explanation of the basis for the departments designation, a summary of the evidence relied on by the department in reaching the proposed designation, any information that might suggest the site was not involved in lead-acid battery recycling or that the contamination was not directly attributable to releases from the lead-acid battery recycling facility, and copies of any information or documents reviewed or relied on during the investigation and evaluation of the site, if subject to disclosure pursuant to the California Public Records Act.
(3) The department shall accept comments from the public consistent with the procedures included within the Administrative Procedure Act. The department shall investigate and respond to any reasonable information provided by the public indicating that might suggest the area was not contaminated by the operation of a lead-acid battery recycling facility, or that the facility in question was not involved in the recycling of lead-acid batteries. batteries, or that another source may be responsible for the contamination.
(4) A site designation shall be considered a final action, subject to judicial review in the same manner as provided pursuant to the Administrative Procedure Act.
(d) (1) If, within two years of a public notice required by subdivision (b), the department is unable to designate a site as determined with reasonable certainty to have been contaminated by releases from the operation of a facility known to have been a lead-acid battery recycling facility, the public notice shall be deemed to have been withdrawn and expenditure pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of Section 25215.5 for purposes of further investigation or evaluation for the site shall no longer be authorized. authorized, except as provided in paragraph (3).
(2) No less than 30 days before the deadline established pursuant to paragraph (1), the department may extend the deadline for the completion of an investigation initiated pursuant to subdivision (b), with good cause shown and adequate public notice of the basis for that extension, by up to three months, and may extend the deadline additional times in increments of up to three months, not to exceed one year after the deadline established pursuant to paragraph (1) in total.
(3) The department may, within its discretion, issue a new public notice pursuant to subdivision (b) for a site if the department determines that new evidence warrants continued or renewed investigation or evaluation of the site.
(e) Information regarding the departments progress in implementing this section shall be included in the report required by subdivision (c) of Section 25215.5.