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AB-1102 Hazardous waste facilities: inspections.(2015-2016)

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Amended  IN  Senate  June 21, 2016
Amended  IN  Senate  July 09, 2015
Amended  IN  Assembly  June 03, 2015
Amended  IN  Assembly  May 05, 2015
Amended  IN  Assembly  March 26, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 1102


Introduced by Assembly Member Santiago

February 27, 2015


An act to add Section 15849 to the Welfare and Institutions Code, 25185.2 to the Health and Safety Code, relating to health care coverage. hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 1102, as amended, Santiago. Health care coverage: Medi-Cal Access Program: disclosures. Hazardous waste facilities: inspections.
Existing law requires the Department of Toxic Substances Control, and a local health officer or local public officer designated by the Director of Toxic Substances Control, to enforce the standards in the hazardous waste control law and the regulations adopted by the department to implement that law, except as specified. Existing law authorizes a representative of the department or the local officer or agency authorized to enforce the hazardous waste control law to, among other things, enter and inspect a factory, plant, construction site, disposal site, transfer facility, or an establishment or any other place or environment where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources.
This bill would require the department to inspect a permitted hazardous waste land disposal facility no less than once per month, inspect a permitted and operating hazardous waste facility no less than 4 times per calendar year, and inspect a permitted hazardous waste facility no less than 2 times per calendar year.

Existing federal law, the Patient Protection and Affordable Care Act (PPACA), enacts various health care coverage market reforms as of January 1, 2014. Among other things, PPACA requires each state to establish an American Health Benefits Exchange and allows qualified individuals to obtain premium assistance for coverage purchased through the Exchange. PPACA specifies that this premium assistance is not available if the individual is eligible for affordable employer-sponsored coverage that provides minimum value, as specified.

Existing law establishes the Medi-Cal Access Program, administered by the State Department of Health Care Services. Existing law creates the California Major Risk Medical Insurance Program (MRMIP), which is administered by the Managed Risk Medical Insurance Board, to arrange for major risk medical coverage for eligible residents of the state who are unable to secure adequate private health care coverage.

This bill would require the State Department of Health Care Services to inform applicants who are rejected for Medi-Cal Access Program coverage of other coverage options through MRMIP and Covered California, and direct applicants how to receive more information on Covered California and MRMIP, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25185.2 is added to the Health and Safety Code, to read:

25185.2.
 (a) The Legislature finds and declares that hazardous waste facilities that are not in compliance with state and federal laws and regulations pose a danger to human health and safety and the environment. This danger is increased for disadvantaged communities impacted by multiple sources of pollution. It is vital that permitted hazardous waste facilities be inspected on a regular basis to ensure compliance with state and federal laws.
(b) The department shall do all of the following:
(1) Inspect a permitted hazardous waste land disposal facility no less than once per month.
(2) Inspect a permitted and operating hazardous waste facility not covered under paragraph (1) no less than four times per calendar year.
(3) Inspect a permitted hazardous waste facility not covered under paragraph (1) or (2) no less than two times per calendar year.
(c) Nothing in this section shall prevent the department from inspecting a hazardous waste facility more frequently than is required pursuant to subdivision (b).
(d) If the department requires additional staff to carry out the inspections required pursuant to subdivision (b), it is the intent of the Legislature to enact future legislation to increase the facility fee to cover this regulatory cost in order to ensure that hazardous waste facilities are in compliance with state and federal hazardous waste laws.

SECTION 1.Section 15849 is added to the Welfare and Institutions Code, to read:
15849.

If an applicant is rejected for coverage, the department shall inform the applicant about the California Major Risk Medical Insurance Program (MRMIP) (Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code) and about the coverage options and the potential for subsidized coverage through Covered California. The department shall direct persons seeking more information to MRMIP, Covered California, plan or policy representatives, insurance agents, or an entity paid by Covered California to assist with health coverage enrollment, such as a navigator or an assister.