California 2013-2014 Regular Session Status: To Executive

SB 812 — Hazardous waste.

Last action — Consideration of Governors veto died on file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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 Text

Action History

  1. Consideration of Governors veto died on file.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

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

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

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

  7. Set for hearing August 28.

  8. 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.

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

  10. In Senate.

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

  12. Ordered to third reading.

  13. Read third time and amended. (Page 6342.)

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered to second reading.

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

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

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

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

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

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

  22. In Assembly. Read first time. Held at Desk.

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

  24. Read second time. Ordered to third reading.

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

  26. Set for hearing January 23.

  27. Placed on APPR. suspense file.

  28. Set for hearing January 21.

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

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

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

  32. Set for hearing January 15.

  33. Referred to Com. on E.Q.

  34. Read first time.

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

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

Sponsors

  • De León · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • De León

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB812 De León Concurrence

Passed 24 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221203
Democratic 2001
Total 241204
% of votes cast 60%30%0%10%
How each member voted (40)
Member Party Vote
Anderson — Nay
Block — Yea
Hueso — Yea
Huff — Nay
Lara — Yea
Roth — Yea
Wright — Not Voting
Evans — Yea
Galgiani — Yea
Beall — Yea
Cannella — Nay
Hancock — Yea
Mitchell — Yea
De León — Yea
Hernandez — Yea
Hill — Yea
Corbett — Yea
Correa — Yea
Knight — Nay
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Steinberg — Yea
Vidak — Nay
Walters — Nay
Wolk — Yea
Torres — Not Voting
Wyland — Nay
DeSaulnier — Yea
Fuller — Nay
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 812 De León Senate Third Reading By PÉREZ, J.

Passed 48 Yea · 23 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 452007
Democratic 3100
Republican 0201
Total 482308
% of votes cast 61%29%0%10%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Not Voting
Harkey — Not Voting
Holden — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Olsen — Nay
Quirk — Yea
Skinner — Yea
Wagner — Nay
Weber — Yea
Williams — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Gomez — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gorell — Nay
Hall — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
Levine — Yea
John A. Pérez — Yea
Logue — Nay
Salas — Yea
Medina — Yea
Melendez — Nay
Allen — Nay
Mullin — Yea
Ammiano — Yea
Bigelow — Nay
Chesbro — Yea
Cooley — Yea
Dababneh — Yea
Donnelly — Nay
Eggman — Yea
Nazarian — Yea
Nestande — Yea
Pan — Yea
Rendon — Yea
Ridley-Thomas — Yea
Ting — Yea
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Gray — Not Voting
Chávez — Nay
Perea — Not Voting
Conway — Nay
Daly — Not Voting
Rodriguez — Not Voting
Dickinson — Yea
Fox — Nay
Frazier — Not Voting
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hagman — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11400
Democratic 1000
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bradford — Yea
Holden — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Bocanegra — Yea
Linder — Nay
Ridley-Thomas — Yea
Campos — Yea
Eggman — Yea
Wagner — Nay
Donnelly — Nay
Gatto — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading SB812 De León

Passed 27 Yea · 7 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 24705
Democratic 3000
Total 27705
% of votes cast 69%18%0%13%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Huff — Nay
Leno — Yea
Pavley — Yea
Torres — Yea
Vidak — Nay
Cannella — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Hill — Yea
Corbett — Yea
Hueso — Yea
Knight — Nay
Lara — Yea
Monning — Yea
Roth — Yea
Steinberg — Yea
Wolk — Yea
Wright — Not Voting
Liu — Yea
Lieu — Not Voting
Nielsen — Not Voting
Walters — Not Voting
Wyland — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Nay
Yee — Yea
Hancock — Yea
Beth Gaines — Not Voting
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Lara — Yea
Hill — Yea
De León — Yea
Steinberg — Yea
Walters — Not Voting
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 812 do?
(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.
Who sponsors SB 812?
SB 812 is sponsored by De León.
What is the current status of SB 812?
This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 812?
Track SB 812 free on One Click Politics — get push/email alerts when it moves.

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