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| 1 | + | Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 861Introduced by Assembly Member SantiagoFebruary 14, 2023 An act to amend Section 25200.4 of add Section 25125.5 to the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 861, as amended, Santiago. Hazardous waste: facilities: permits. Exide Technologies facility.Existing law tasks the Department of Toxic Substances Control with the responsibility to regulate the handling and management of hazardous waste. Existing law establishes in the department the Board of Environmental Safety, consisting of 5 voting members, as provided. Existing law charges the board with setting specified hazardous waste-related fees, hearing and deciding appeals of hazardous waste facility permit decisions, and providing opportunities for public hearings on individual permitted or remediation sites, among other responsibilities. This bill would require the board to contract with an entity that has expertise in remediating contaminated sites for the purpose of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The bill would require the contractor to meet with members of the community to hear comments or concerns about the cleanup and provide its findings to the board, as specified. The bill would require the board to post the contractors findings on the boards internet website.This bill would make legislative findings and declarations as to the necessity of a special statute for the former Exide Technologies lead-acid battery recycling facility in the City of Vernon.Existing law, as part of the hazardous waste control laws, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires an application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility to include a disclosure statement, as specified.This bill would make a nonsubstantive change to the provision requiring the application to include a disclosure statement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25125.5 is added to the Health and Safety Code, to read:25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The contractor shall, but is not limited to, meet with members of the community near the former Exide facility to hear the comments or concerns about the residential cleanup. The contractor shall provide its findings to the board no later than January 1, 2027, and the findings shall be posted on the boards internet website.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique challenges of cleaning up the former Exide Technologies lead-acid battery recycling facility in the City of Vernon.SECTION 1.Section 25200.4 of the Health and Safety Code is amended to read:25200.4.(a)An application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility made pursuant to this article, except for an application made by a federal, state, or local agency, shall include a disclosure statement, as defined in Section 25112.5.(b)The requirements of this section do not apply to a person operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption.(c)Notwithstanding subdivision (a), an applicant for a series C standardized permit, as specified in Section 25201.6, shall submit a disclosure statement to the department only upon request. | |
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| 3 | - | ||
| 3 | + | Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 861Introduced by Assembly Member SantiagoFebruary 14, 2023 An act to amend Section 25200.4 of add Section 25125.5 to the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 861, as amended, Santiago. Hazardous waste: facilities: permits. Exide Technologies facility.Existing law tasks the Department of Toxic Substances Control with the responsibility to regulate the handling and management of hazardous waste. Existing law establishes in the department the Board of Environmental Safety, consisting of 5 voting members, as provided. Existing law charges the board with setting specified hazardous waste-related fees, hearing and deciding appeals of hazardous waste facility permit decisions, and providing opportunities for public hearings on individual permitted or remediation sites, among other responsibilities. This bill would require the board to contract with an entity that has expertise in remediating contaminated sites for the purpose of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The bill would require the contractor to meet with members of the community to hear comments or concerns about the cleanup and provide its findings to the board, as specified. The bill would require the board to post the contractors findings on the boards internet website.This bill would make legislative findings and declarations as to the necessity of a special statute for the former Exide Technologies lead-acid battery recycling facility in the City of Vernon.Existing law, as part of the hazardous waste control laws, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires an application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility to include a disclosure statement, as specified.This bill would make a nonsubstantive change to the provision requiring the application to include a disclosure statement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 23, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly May 18, 2023 | |
| 8 | 7 | Amended IN Assembly March 23, 2023 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 861 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member SantiagoFebruary 14, 2023 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Santiago | |
| 19 | 18 | February 14, 2023 | |
| 20 | 19 | ||
| 21 | - | An act to add Section 25125.5 to the Health and Safety Code, relating to hazardous waste. | |
| 20 | + | An act to amend Section 25200.4 of add Section 25125.5 to the Health and Safety Code, relating to hazardous waste. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 861, as amended, Santiago. Hazardous waste: Exide Technologies facility. | |
| 26 | + | AB 861, as amended, Santiago. Hazardous waste: facilities: permits. Exide Technologies facility. | |
| 28 | 27 | ||
| 29 | - | Existing law tasks the Department of Toxic Substances Control with the responsibility to regulate the handling and management of hazardous waste. Existing law establishes in the department the Board of Environmental Safety, consisting of 5 voting members, as provided. Existing law charges the board with setting specified hazardous waste-related fees, hearing and deciding appeals of hazardous waste facility permit decisions, and providing opportunities for public hearings on individual permitted or remediation sites, among other responsibilities. This bill would require the board to contract with an entity that has expertise in remediating contaminated sites for the purpose of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The bill would require the contractor to | |
| 28 | + | Existing law tasks the Department of Toxic Substances Control with the responsibility to regulate the handling and management of hazardous waste. Existing law establishes in the department the Board of Environmental Safety, consisting of 5 voting members, as provided. Existing law charges the board with setting specified hazardous waste-related fees, hearing and deciding appeals of hazardous waste facility permit decisions, and providing opportunities for public hearings on individual permitted or remediation sites, among other responsibilities. This bill would require the board to contract with an entity that has expertise in remediating contaminated sites for the purpose of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The bill would require the contractor to meet with members of the community to hear comments or concerns about the cleanup and provide its findings to the board, as specified. The bill would require the board to post the contractors findings on the boards internet website.This bill would make legislative findings and declarations as to the necessity of a special statute for the former Exide Technologies lead-acid battery recycling facility in the City of Vernon.Existing law, as part of the hazardous waste control laws, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires an application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility to include a disclosure statement, as specified.This bill would make a nonsubstantive change to the provision requiring the application to include a disclosure statement. | |
| 30 | 29 | ||
| 31 | 30 | Existing law tasks the Department of Toxic Substances Control with the responsibility to regulate the handling and management of hazardous waste. Existing law establishes in the department the Board of Environmental Safety, consisting of 5 voting members, as provided. Existing law charges the board with setting specified hazardous waste-related fees, hearing and deciding appeals of hazardous waste facility permit decisions, and providing opportunities for public hearings on individual permitted or remediation sites, among other responsibilities. | |
| 32 | 31 | ||
| 33 | - | This bill would require the board to contract with an entity that has expertise in remediating contaminated sites for the purpose of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The bill would require the contractor to | |
| 32 | + | This bill would require the board to contract with an entity that has expertise in remediating contaminated sites for the purpose of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The bill would require the contractor to meet with members of the community to hear comments or concerns about the cleanup and provide its findings to the board, as specified. The bill would require the board to post the contractors findings on the boards internet website. | |
| 34 | 33 | ||
| 35 | 34 | This bill would make legislative findings and declarations as to the necessity of a special statute for the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. | |
| 35 | + | ||
| 36 | + | Existing law, as part of the hazardous waste control laws, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires an application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility to include a disclosure statement, as specified. | |
| 37 | + | ||
| 38 | + | ||
| 39 | + | ||
| 40 | + | This bill would make a nonsubstantive change to the provision requiring the application to include a disclosure statement. | |
| 41 | + | ||
| 42 | + | ||
| 36 | 43 | ||
| 37 | 44 | ## Digest Key | |
| 38 | 45 | ||
| 39 | 46 | ## Bill Text | |
| 40 | 47 | ||
| 41 | - | The people of the State of California do enact as follows:SECTION 1. Section 25125.5 is added to the Health and Safety Code, to read:25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The | |
| 48 | + | The people of the State of California do enact as follows:SECTION 1. Section 25125.5 is added to the Health and Safety Code, to read:25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The contractor shall, but is not limited to, meet with members of the community near the former Exide facility to hear the comments or concerns about the residential cleanup. The contractor shall provide its findings to the board no later than January 1, 2027, and the findings shall be posted on the boards internet website.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique challenges of cleaning up the former Exide Technologies lead-acid battery recycling facility in the City of Vernon.SECTION 1.Section 25200.4 of the Health and Safety Code is amended to read:25200.4.(a)An application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility made pursuant to this article, except for an application made by a federal, state, or local agency, shall include a disclosure statement, as defined in Section 25112.5.(b)The requirements of this section do not apply to a person operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption.(c)Notwithstanding subdivision (a), an applicant for a series C standardized permit, as specified in Section 25201.6, shall submit a disclosure statement to the department only upon request. | |
| 42 | 49 | ||
| 43 | 50 | The people of the State of California do enact as follows: | |
| 44 | 51 | ||
| 45 | 52 | ## The people of the State of California do enact as follows: | |
| 46 | 53 | ||
| 47 | - | SECTION 1. Section 25125.5 is added to the Health and Safety Code, to read:25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The | |
| 54 | + | SECTION 1. Section 25125.5 is added to the Health and Safety Code, to read:25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The contractor shall, but is not limited to, meet with members of the community near the former Exide facility to hear the comments or concerns about the residential cleanup. The contractor shall provide its findings to the board no later than January 1, 2027, and the findings shall be posted on the boards internet website. | |
| 48 | 55 | ||
| 49 | 56 | SECTION 1. Section 25125.5 is added to the Health and Safety Code, to read: | |
| 50 | 57 | ||
| 51 | 58 | ### SECTION 1. | |
| 52 | 59 | ||
| 53 | - | 25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The | |
| 60 | + | 25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The contractor shall, but is not limited to, meet with members of the community near the former Exide facility to hear the comments or concerns about the residential cleanup. The contractor shall provide its findings to the board no later than January 1, 2027, and the findings shall be posted on the boards internet website. | |
| 54 | 61 | ||
| 55 | - | 25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The | |
| 62 | + | 25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The contractor shall, but is not limited to, meet with members of the community near the former Exide facility to hear the comments or concerns about the residential cleanup. The contractor shall provide its findings to the board no later than January 1, 2027, and the findings shall be posted on the boards internet website. | |
| 56 | 63 | ||
| 57 | - | 25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The | |
| 64 | + | 25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The contractor shall, but is not limited to, meet with members of the community near the former Exide facility to hear the comments or concerns about the residential cleanup. The contractor shall provide its findings to the board no later than January 1, 2027, and the findings shall be posted on the boards internet website. | |
| 58 | 65 | ||
| 59 | 66 | ||
| 60 | 67 | ||
| 61 | - | 25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The | |
| 62 | - | ||
| 63 | - | (a) Except as provided in subdivision (b), the contractor shall use only existing data in its review. | |
| 64 | - | ||
| 65 | - | (b) If necessary, the contractor may take, review, and analyze limited samples, such as a representative sample size, for its review. | |
| 66 | - | ||
| 67 | - | (c) The contractor shall, but is not limited to, meet with members of the community near the former Exide facility to hear the comments or concerns about the residential cleanup. The | |
| 68 | - | ||
| 69 | - | (d) The contractor shall provide its findings to the board no later than January 1, 2027, and the findings shall be posted on the boards internet website. | |
| 68 | + | 25125.5. The Board of Environmental Safety shall contract with an entity that has expertise in remediating contaminated sites for the purposes of reviewing the departments residential cleanup near the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. The contractor shall, but is not limited to, meet with members of the community near the former Exide facility to hear the comments or concerns about the residential cleanup. The contractor shall provide its findings to the board no later than January 1, 2027, and the findings shall be posted on the boards internet website. | |
| 70 | 69 | ||
| 71 | 70 | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique challenges of cleaning up the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. | |
| 72 | 71 | ||
| 73 | 72 | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique challenges of cleaning up the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. | |
| 74 | 73 | ||
| 75 | 74 | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique challenges of cleaning up the former Exide Technologies lead-acid battery recycling facility in the City of Vernon. | |
| 76 | 75 | ||
| 77 | 76 | ### SEC. 2. | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | ||
| 81 | + | ||
| 82 | + | (a)An application for a hazardous waste facilities permit or other grant of authorization to use and operate a hazardous waste facility made pursuant to this article, except for an application made by a federal, state, or local agency, shall include a disclosure statement, as defined in Section 25112.5. | |
| 83 | + | ||
| 84 | + | ||
| 85 | + | ||
| 86 | + | (b)The requirements of this section do not apply to a person operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption. | |
| 87 | + | ||
| 88 | + | ||
| 89 | + | ||
| 90 | + | (c)Notwithstanding subdivision (a), an applicant for a series C standardized permit, as specified in Section 25201.6, shall submit a disclosure statement to the department only upon request. |