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AB-852 Hazardous waste: waste facilities: nonbiodegradable toxic chemicals.(2017-2018)

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Date Published: 09/07/2017 09:00 PM
AB852:v98#DOCUMENT

Amended  IN  Senate  September 07, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 852


Introduced by Assembly Member Members Caballero and Grayson

February 16, 2017


An act to amend Section 65400 of the Government Code, relating to land use. 25210 of, and to add Section 25210.2 to, the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 852, as amended,  Caballero. Planning and zoning: general plan: report. Hazardous waste: waste facilities: nonbiodegradable toxic chemicals.
The hazardous waste control laws prohibit the use of a nonbiodegradable toxic chemical in a chemical toilet, recreational vehicle, or waste facility of a vessel and prohibit the sale of a nonbiodegradable toxic chemical in a container that indicates that the chemical could be used in a chemical toilet, a waste facility of a recreational vehicle, or a waste facility of a vessel. Existing law requires the Department of Toxic Substances Control to develop and adopt regulations to define nonbiodegradable toxic chemicals and limitations on the sale of those chemicals. A violation of the hazardous waste control laws is a crime.
This bill would instead prohibit those uses for a nonbiodegradable chemical or a toxic chemical, and would prohibit the sale of those chemicals, under those same circumstances. Because the bill would prohibit additional chemicals, thereby expanding the application of a crime, the bill would impose a state-mandated local program. The bill would require the department to develop and adopt analogous regulations regarding the nonbiodegradable chemicals and toxic chemicals.
The bill would prohibit the state or a regional board from requiring a recreational vehicle park or campground served by a septic system to mitigate the presence or impact in its septic system of a nonbiodegradable or toxic chemical of a kind typically found in waste from vehicular or onsite waste facilities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law, after adoption of the general plan, requires the planning agency to provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that contains specified information pertaining to the implementation of the general plan.

This bill would require that this report also include the number of housing development applications received in the prior year, units included in all development applications in the prior year, and units approved and disapproved in the prior year. By increasing the duties of local planning agencies with respect to the preparation of the report on a city’s or county’s general plan, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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


SECTION 1.

 Section 25210 of the Health and Safety Code is amended to read:

25210.
 It shall be unlawful, on or after January 1, 1979, is unlawful to use a nonbiodegradable or toxic chemical in a chemical toilet, recreational vehicle, or waste facility of a vessel as the term vessel is defined in the Harbors and Navigation Code, and it shall be unlawful on or after January 1, 1979, is unlawful to sell a nonbiodegradable or toxic chemical in a container which that indicates that the chemical could be used in a chemical toilet, a waste facility of a recreational vehicle, or a waste facility of a vessel as the term vessel is defined in the Harbors and Navigation Code. The department shall develop and adopt regulations to define nonbiodegradable chemicals and toxic chemicals and limitations on the sale thereof by June 1, 1978. of those chemicals.

SEC. 2.

 Section 25210.2 is added to the Health and Safety Code, to read:

25210.2.
 A recreational vehicle park, as defined in Section 18862.39, or campground served by a septic system shall not be required by the state or a regional board to mitigate the presence or impact in its septic system of a nonbiodegradable or toxic chemical, as those terms are defined pursuant to Section 25210, of a kind typically found in waste from vehicular or onsite waste facilities.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 65400 of the Government Code is amended to read:
65400.

(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:

(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.

(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:

(A)The status of the plan and progress in its implementation.

(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.

The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Prior to and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.

The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.

(C)The number of housing development applications received in the prior year.

(D)The number of units included in all development applications in the prior year.

(E)The number of units approved and disapproved in the prior year.

(F)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.

(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.