Today's Law As Amended

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AB-995 Hazardous waste.(2019-2020)



SECTION 1.

 Section 25110.2.1 is added to the Health and Safety Code, to read:

25110.2.1.
 “Board” means the Board of Environmental Safety.

SEC. 2.

 Article 2.1 (commencing with Section 25125) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:

Article  2.1. Board of Environmental Safety
25125.
 (a) The Board of Environmental Safety is hereby established in the California Environmental Protection Agency.
(b) (1) The board shall consist of five members, with three members appointed by the Governor, subject to confirmation by the Senate, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules.
(2) The membership of the board shall include the following:
(A) One board member shall be an attorney admitted to practice law in this state who is qualified in the field of environmental law pertaining to hazardous waste, hazardous substances, or site remediation.
(B) One board member shall be an environmental scientist qualified in the fields of toxicology, chemistry, geology, industrial hygiene, or engineering specific to the statutory responsibilities of the board.
(C) One board member shall have expertise in public health.
(D) One board member shall be qualified in the area of regulatory permitting.
(E) One board member shall have expertise in cumulative impact assessment and management.
(c) All board members shall represent the general public interest.
(d) Three board members shall constitute a quorum for the transaction of business of the board.
(e) (1) A board member shall be appointed for a term of four years, except as provided in paragraph (2). A vacancy shall be immediately filled by the appointing authority for the unexpired portion of the term in which it occurs.
(2) The terms of the board members shall be staggered. Two initial members shall serve a two-year term, and three initial members shall serve a four-year term. The Governor shall determine which initial members shall serve two-year terms and which shall serve four-year terms.
(f) Upon the request of a person, or on the Attorney General’s own initiative, the Attorney General may file a complaint in the superior court alleging that a board member has knowingly violated this section and the facts upon which the allegation is based and asking that the board member be removed from the board. Further proceedings shall be in accordance as near as may be with rules governing civil actions. If, after trial, the court finds that the board member has knowingly violated this section, it shall pronounce judgment that the board member be removed from the board.
(g) The board may adjourn to, or meet solely in, executive session for any purpose authorized pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(h) The board, or representatives authorized by the board to do so, may hold, attend, or otherwise participate in conferences or hearings, official or unofficial, within or out of the state, with interested persons, agencies, or officers, of this or any other state, or with the Congress of the United States, congressional committees, or officers of the federal government, concerning any matter within the scope of the power and duties of the board.
(i) The board shall adopt rules for the conduct of its affairs in conformity with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(j) The Attorney General shall represent the board in litigation concerning affairs of the board, unless the Attorney General represents another state agency that is a party to the action. In that case, the Attorney General may represent the board with the written consent of the board and the other state agency, the board may contract for the services of private counsel to represent the board subject to Section 11040 of the Government Code, or the legal counsel of the board may represent the board. Sections 11041 and 11042 of the Government Code shall not apply to the board.
(k) (1) The chairperson of the board, who shall be appointed by the Governor, shall be a full-time employee. The annual salary of the chairperson of the board is provided for by Chapter 6 (commencing at Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) A board member shall receive per diem and shall not be a full-time employee of the board. A board member shall receive the necessary traveling and other expenses incurred by that member in the performance of that member’s official duties out of appropriations made for the support of the board, including for time spent preparing for board meetings. If necessary, the board members may travel within or out of the state.
25125.2.
 (a) The board shall conduct no less than six public meetings per year.
(b) The board shall, using a public process, do all of the following:
(1) Review the department’s duties and responsibilities in law and propose statutory, regulatory, and policy changes to the director to improve the department’s ability to meet those duties and responsibilities. The review shall include, but not be limited to, how the department’s cleanup program may overlap with the authority of the State Water Resources Control Board over groundwater site mitigation and restoration.
(2) Review the current status of hazardous waste facility permits and propose to the director statutory, regulatory, or policy changes to improve the efficiency of the permitting process.
(3) Hear and decide appeals of hazardous waste facility permit decisions.
(4) Review the site mitigation program and propose statutory, regulatory, and policy changes to guide the prioritization of the cleanup of contaminated properties, and review the department’s process for determining when and how a cleanup is finalized and provide this information to the director.
(5) Provide opportunities for public hearings on individual permitted or remediation sites, and, if necessary, direct the department to respond to or address public concerns and questions.
(6) Review and propose statutory, regulatory, or policy changes to guide how enforcement decisions for hazardous waste facilities are determined, including how enforcement is prioritized, and determine how to improve enforcement of hazardous waste facilities. The review shall include, but not be limited to, reviewing the frequency of inspections of hazardous waste facilities, consultation with Certified Unified Program Agencies, and standardizing the inspection process whenever possible.
(7) Set priorities for each program within this chapter for each year at a public hearing, which the director shall carry out.
25125.4.
 On or before March 1, 2020, the department shall post on its internet website the Spatial Prioritization Geographic Information Tool in order to provide the public with information on the location of contaminated groundwater in the state.
25125.6.
 On or before January 1, 2021, the department shall do all of the following:
(a) Develop and present to the board for its approval a state hazardous waste management plan, as provided in Section 25135.9.
(b) After seeking input from the public at a hearing of the board, develop and present to the board a plan for how to prioritize remediation sites, including orphan sites in the state.
(c) Identify strategies to increase the efficiency of the hazardous waste facility permit process for permits held by government entities, determine whether those strategies could be used to increase the efficiency of the hazardous waste facility permit process for all permits, and present those strategies to the board.
25125.8.
 The director, or a designee, shall present and respond to the board, if requested to do so, on any issue or item dealing with anything in this article.

SEC. 3.

 Article 3.1 (commencing with Section 25133) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:

Article  3.1. Fee Task Force
25133.
 (a) The Legislature finds and declares that the fee system in existence as of January 1, 2019, established for funding the Hazardous Waste Control Account and the Toxic Substances Control Account is inefficient, inconsistent with public health and safety and environmental protection objectives, and insufficient for the board to effectively implement is statutory mandates, and discourages business investment in California’s economy.
(b) The Secretary shall, no later than March 2, 2020, convene a fee task force to review the existing fee structure supporting the Hazardous Waste Control Account and the funding structure supporting the Toxic Substances Control Account. The Secretary shall provide recommendations to the Legislature by January 10, 2021, as part of the Governor’s Budget, on a fee system for the Hazardous Waste Control Account and a funding structure for the Toxic Substances Control Account that, at a minimum, does all of the following:
(1) Provides protection for public health and safety and the environment.
(2) Provides adequate funding to ensure the remediation of contaminated sites, including the remediation and potential reuse of orphan sites.
(3) Provides adequate funding for the oversight, including proper enforcement of, this chapter.
(4) Provides adequate funding for the programs that protect consumers from potentially harmful chemicals in products or workplaces.
(5) Does not impose a disproportionate burden on any sector of California’s economy.
(6) Provides a level of funding that will enable the board to appropriately implement and carry out its duties and responsibilities in this chapter and Chapter 6.8 (commencing with Section 25300) in a manner that is consistent with the objectives of those laws.
(7) Provides a means of funding that is consistent with the board’s programs and duties and responsibilities in this chapter and Chapter 6.8 (commencing with Section 25300).
(8) Considers increasing existing fees, decreasing existing fees, consolidating existing fees, eliminating fees, or creating new fees, as appropriate.
25133.2.
 The fee task force shall include, but not be limited to, representatives from the following:
(a) The Legislative Analyst’s Office.
(b) Appropriate policy committees of the Assembly and the Senate.
(c) Fiscal committees of the Assembly and Senate.
(d) State employees.
(e) Environmental organizations.
(f) Environmental justice organizations.
(g) Payers of fees required pursuant to this chapter.
25133.4.
 Pursuant to Section 10231.5 of the Government Code, this article shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4.

 Section 25135.9 of the Health and Safety Code is amended to read:

25135.9.
 (a) The department shall, pursuant to this section and subdivision (c) of Section 25170, prepare and  shall prepare and the board shall  adopt a state hazardous waste management plan. The state hazardous waste management plan shall serve as a comprehensive planning document for the state and shall be prepared as a useful informational source for the public, local government, and regional councils of government. The state hazardous waste management plan shall be prepared in conjunction with, and shall take into account, hazardous waste management plans adopted by counties and regional councils of governments.  
(b) The state hazardous waste management plan shall be prepared and  adopted by the department board  on or before November 30, 1991, January 1, 2021,  shall be reviewed annually, and shall be revised to reflect new information at least once every three years.
(c) In preparing and  adopting the state hazardous waste management plan, and in revising the plan thereafter, the department shall do all of the following:
(1) Publish the draft plan or the revised plan and make it available to the public for review and comment at least three months before final adoption.
(2) Conduct workshops and at least two three  public hearings on the plan or the draft revised plan, one in the southern part of the state  state, one in the central part of the state,  and one in the northern part of the state, to solicit the views of the public, local government, regional councils of governments, and interested parties.
(3)  Include in the final state hazardous waste management plan and in revisions of the plan, a summary of the comments received and the department’s responses to those comments.
(d)  The state hazardous waste management plan, and each revision of the plan, shall include, but need not be limited to, all of the following elements:
(1)  An analysis of the hazardous waste streams produced in the state, an accounting of the volumes of hazardous waste produced in each county and region of the state, by type of waste, and estimates of the expected rates of hazardous waste production, by type of waste, during the next five years.
(2)  An inventory of existing and planned hazardous waste facilities which handle, treat, recycle, dispose, or otherwise manage hazardous wastes produced in the state. The inventory shall include a description of the facilities, a determination of the capacity of each existing or planned facility to handle, treat, recycle, dispose, or otherwise manage the waste streams it is authorized to handle, treat, recycle, dispose, or otherwise manage, and a description of the current progress and status of each planned facility in achieving operational status, including a timetable for becoming operational.
(3)  An assessment of the need for additional or fewer  hazardous waste facilities to manage the volumes of hazardous waste currently produced or which are expected to be produced during the next 20 years.
(4)  An identification of the areas or regions of the state that are disproportionately impacted by hazardous waste treatment and disposal activities and  where new or expanded capacity to manage hazardous wastes are needed and the types of facilities that should be sited and constructed.  could be sited to reduce disproportionate impacts to those areas or regions of the state. 
(5)  A description of the  hazardous waste prevention or reduction  policies, programs, incentives, requirements, prohibitions, or other measures which, that,  if implemented, would reduce or eliminate the need for new  existing, new,  or expanded facilities.
(6)  A statement of goals, objectives, and policies currently in effect, or in the process of development, for the siting of hazardous waste facilities and the management of hazardous wastes during the next five years.
(7)  A schedule of recommended actions, including specific dates, for carrying out state, regional, and local actions to implement the state hazardous waste management plan.
(8) A description of wastes classified as hazardous under California law, including regulations, that are not classified as hazardous under federal law.
(9) Identification of wastes classified as hazardous waste under California law that may be effectively managed, for purposes of public health and environmental safety, under alternative management standards.

SEC. 5.

 Section 25187.3 is added to the Health and Safety Code, to read:

25187.3.
 (a) After the department has identified a release or releases of a hazardous waste or a hazardous waste constituent into the environment from a hazardous waste facility or when the department determines that corrective action is necessary, the department shall 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 corrective action based on available data, history of releases, and site activities.
(b) The corrective action cost estimate shall be based on, and be no less stringent than, the ASTM International Standard E2150.
(c) (1) The owner or operator of a hazardous waste facility shall submit the corrective action cost estimate to the department within 60 days of the department’s request.
(2) If the department determines the corrective action cost estimate is substantially incomplete or includes substantially unsatisfactory information, the department shall provide a notice of deficiency to the owner or operator of the facility within 60 days of receipt of the corrective action cost estimate.
(3) The owner or operator of the facility shall submit a revised corrective action cost estimate based on the information provided in the notice of deficiency within 30 days.
(4) The department shall approve or deny the revised corrective action cost estimate within 30 days.
(5) If the corrective action cost estimate does not address the information provided in the notice of deficiency, as determined by the department, the department shall deny the revised corrective action cost estimate and shall, within 60 days, develop its own corrective action cost estimate that will be the approved estimate for the facility.
(d) The owner or operator of a facility, within 90 days of the approval of a corrective action cost estimate, shall fund the approved corrective action cost estimate or shall enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action.
(e) If the department determines that the timing or content of a submission of a cost estimate and financial assurance documents are not consistent with the degree and duration of risk posed by the release or releases to be addressed by the corrective action activities, the department shall adjust the level of financial assurance or timing of document submission required by this section to ensure the protection of human health and safety and the environment.
(f) If the owner or operator of a hazardous waste facility is required to submit a financial assurance mechanism for corrective action, the financial assurance shall be in the form of a trust fund, surety bond, letter of credit, insurance, or any other mechanism authorized under the federal act and the regulations adopted by the department for financial assurance mechanisms.
(g) An owner or operator may satisfy the requirements of this section by providing to the department a cost estimate for corrective action that was provided to the State Water Resources Control Board or a California Regional Water Quality Control Board for the same release identified by the department.
(h) The department may adopt, and revise, when appropriate, standards and regulations to implement this section. Additionally, the department may adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, to implement this section. The adoption of these regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code.

SEC. 6.

 Section 25200 of the Health and Safety Code is amended to read:

25200.
 (a) The department shall issue hazardous waste facilities permits to use and operate one or more hazardous waste management units at a facility that in the judgment of the department meet the building standards published in the State Building Standards Code relating to hazardous waste facilities and the other standards and requirements adopted pursuant to this chapter. The department shall impose conditions on each hazardous waste facilities permit specifying the types of hazardous wastes that may be accepted for transfer, storage, treatment, or disposal. The department may impose any other conditions on a hazardous waste facilities permit that are consistent with the intent of this chapter.
(b) The department may impose, as a condition of a hazardous waste facilities permit, a requirement that the owner or operator of a hazardous waste facility that receives hazardous waste from more than one producer comply with any order of the director that prohibits the facility operator from refusing to accept a hazardous waste based on geographical origin that is authorized to be accepted and may be accepted by the facility without extraordinary hazard.
(c) (1) (A) Any A  hazardous waste facilities permit issued by the department shall be for a fixed term, which shall not exceed 10 years for any land disposal facility, storage facility, incinerator, or other treatment facility.
(B)  An owner or operator of a facility who intends to extend the term of a hazardous waste facilities permit that expires on or before January 1, 2022, shall submit a Part A and Part B application for a permit renewal at least six months before the fixed term of the permit expires, in order for the board to begin its administrative review of the Part A and Part B application. To the extent not inconsistent with the federal act, if a Part A and Part B renewal application, and any other requested information, has been submitted under this subparagraph at least six months before the end of the permit’s fixed term, the permit is deemed extended until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal.
(C) An owner or operator of a facility who intends to extend the term of a hazardous waste facility’s permit that expires after January 1, 2022, shall submit a Part A and Part B application for a permit renewal at least two years before the fixed term of the permit expires, in order for the department to begin its administrative review of the Part A and Part B application.
(B) (D)  Before  (i)  the fixed term of a permit expires, the owner or operator of a facility intending to extend the term of the facility’s permit shall submit a complete Part A application for a permit renewal. At any time following the submittal of the Part A application, the owner or operator of a facility shall submit a complete Part B application, or any portion thereof, as well as any other relevant information, as and when requested by the department.  To the extent not inconsistent with the federal act, when if  a complete  Part A and Part B  renewal application, and any other requested information, has been submitted under subparagraph (C) at least two years  before the end of the permit’s fixed term, the permit is deemed extended until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal. The department shall issue a final decision on a permit within 12 months of the expiration of the permit. 
(ii) Notwithstanding clause (i), in order to manage the processing of a permit for a facility with a permit that expires between January 1, 2019, and December 31, 2021, and for which an application for a permit renewal has been submitted at least 180 days prior to the expiration of the permit, the department shall issue a final permit decision on the permit application within five years of the expiration of the permit. No later than January 1, 2021, the department shall establish a schedule for the issuance of final permit decisions for the hazardous waste facilities subject to this clause and shall post the schedule on its internet website.
(C) (E)  This section does not limit or restrict the department’s authority to impose any additional or different conditions on an extended permit that are necessary to protect human health and the environment.
(D) (F)  In adopting new conditions for an extended permit, the department shall follow the applicable permit modification procedures specified in this chapter and the regulations adopted pursuant to this chapter.
(E) (G)  When prioritizing pending renewal applications for processing and in determining the need for any new conditions on an extended permit, the department shall consider any input received from the public.
(2) The department shall review each hazardous waste facilities permit for a land disposal facility five years after the date of issuance or reissuance, and shall modify the permit, as necessary, to assure ensure  that the facility continues to comply with the currently applicable requirements of this chapter and the regulations adopted pursuant to this chapter.
(3) This subdivision does not prohibit the department from reviewing, modifying, or revoking a permit at any time during its term.
(d) (1) When reviewing any application for a permit renewal, the department shall consider improvements in the state of control and measurement technology as well as changes in applicable regulations.
(2) Each permit issued or renewed under this section shall contain the terms and conditions that the department determines necessary to protect human health and the environment.
(e) A permit issued pursuant to the federal act by the Environmental Protection Agency in the state for which no state hazardous waste facilities permit has been issued shall be deemed to be a state permit enforceable by the department until a state permit is issued. In addition to complying with the terms and conditions specified in a federal permit deemed to be a state permit pursuant to this section, an owner or operator who holds that permit shall comply with the requirements of this chapter and the regulations adopted by the department to implement this chapter.

SEC. 7.

 Section 25200.05 is added to the Health and Safety Code, to read:

25200.05.
 (a) No later than 90 days after receiving an application for a hazardous waste facilities permit, the department shall post on its internet website a timeline with the estimated dates of key milestones in the application review process, which shall include, but not be limited to, the dates of public meetings and the date for issuance of a draft decision. The department shall note on its internet website that these dates are estimates and shall update the dates as needed.
(b) On or before March 31, 2020, the department shall post a timeline, as described in subdivision (a), for a hazardous waste facility permit application under review as of January 1, 2020.

SEC. 8.

 Section 25200.8 of the Health and Safety Code is amended to read:

25200.8.
 Any applicant for a final hazardous waste facilities permit pursuant to Section 25200 who receives a notice of deficiency from the department concerning the permit application shall submit the information specified in the notice of deficiency by the date specified in the notice of deficiency or by a later alternative date approved by the department. The  When submitting information to the department pursuant to a notice of deficiency, the applicant shall not be required to submit a full application, but only that information that is required within the department’s notice of deficiency. The department, within 60 days of receipt of the requested information, shall review the information and determine if it is complete. The  department may initiate an enforcement action pursuant to Section 25187 against any hazardous waste facilities permit applicant who does not provide the information specified in the notice of deficiency by the date specified in the notice of deficiency or by a later alternative date approved by the department. If an applicant does not respond to three or more  of these notices of deficiency regarding the same or different deficiencies or responds with substantially incomplete or substantially unsatisfactory information on three or more  occasions, the department shall, pursuant to regulations adopted by the department, initiate proceedings to deny the permit application. This section does not limit the department’s authority to take action concerning the permit application before sending three notices of deficiency.

SEC. 9.

 Section 25200.25 is added to the Health and Safety Code, to read:

25200.25.
 (a) If a final permit decision has not been issued by the department by the applicable permit decision deadline pursuant to Section 25200, the department shall issue a report, which shall be released to the public, that includes the reasons why the final permit decision was not made on time and a proposed schedule for issuing the final permit decision. The department’s report shall specifically address all of the following:
(1) The current status of work completed by the department on the permit application.
(2) The actions and information needed to make a final permit decision and the department’s proposed schedule for issuing the final permit decision.
(3) Information supporting any determination by the department that the hazardous waste facility’s failure to provide complete or timely information caused or contributed to the department’s failure to issue a final permit decision within the applicable permit decision deadline.
(b) The report shall be prepared no later than 60 days after the applicable permit decision deadline has expired. The department shall provide a copy of the report to the hazardous waste facility that is the subject of the report.

SEC. 10.

 Section 25200.27 is added to the Health and Safety Code, to read:

25200.27.
 (a) After the preparation of a report pursuant to Section 25200.25, the department shall do all of the following:
(1) Request that the board schedule a hearing for the department to present the report.
(2) Provide an opportunity for the hazardous waste facility to submit a written brief and present to the board a proposed schedule for issuing the final permit decision.
(b) The board shall accept or modify the schedule proposed in the report.

SEC. 11.

 Section 25205 of the Health and Safety Code is amended to read:

25205.
 (a) Except as provided in Section 25245.5, 25245.4,  the department shall not issue or renew a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains the financial assurances required pursuant to Article 12 (commencing with Section 25245).  25245), including, but not limited to, financial assurances for the costs of corrective action and closure. 
(b) The grant of interim status of a facility, or any portion thereof, that is operating under a grant of interim status pursuant to Section 25200.5, based on the facility having been in existence on November 19, 1980, shall terminate on July 1, 1997, unless the department certifies, on or before July 1, 1997, that the facility is in compliance with the financial assurance requirements of Article 12 (commencing with Section 25245) for a facility in operation since November 19, 1980, for all units, tanks, and equipment for which the facility has authorization to operate pursuant to its grant of interim status.
(c) The department shall review, at least once every five years, the financial assurances required to operate a hazardous waste facility and the cost estimates used to establish the amount of the financial assurances required. If the department’s review finds that the cost estimates forming the basis for the financial assurances for a facility are inadequate for any reason, including, but not limited to, due to underestimated potential costs, the department shall notify the owner or operator of the facility and require the owner or operator to update the cost estimates used to establish the financial assurances and to adopt adequate financial assurances using the updated cost estimates within 90 days of notification from the department.

SEC. 12.

 Section 25205.7 of the Health and Safety Code is amended to read:

25205.7.
 (a) (1) A person who applies for, or requests, any of the following shall enter into a written agreement with the department pursuant to which that person shall reimburse the department, pursuant to Article 9.2 (commencing with Section 25206.1), for the costs incurred by the department in processing the application or responding to the request:
(A) A new hazardous waste facilities permit, including a standardized permit.
(B) A hazardous waste facilities permit for postclosure.
(C) A renewal of an existing hazardous waste facilities permit, including a standardized permit or postclosure permit.
(D) A class 2 or class 3 modification of an existing hazardous waste facilities permit or grant of interim status, including a standardized permit or grant of interim status or a postclosure permit.
(E) A variance.
(F) A waste classification determination.
(2) An (A)  Except as provided in subparagraph (B), an  agreement required pursuant to paragraph (1) shall provide for at least 25 percent of the reimbursement to be made in advance of the processing of the application or the response to the request. The 25-percent advance payment shall be based upon the department’s total estimated costs of processing the application or response to the request.
(B) Subparagraph (A) shall not apply with regard to an agreement entered into by a facility operated by a federal agency.
(3) An agreement entered into pursuant to this section shall, if applicable, include costs of reviewing and overseeing corrective action as set forth in subdivision (b).
(b) An applicant pursuant to paragraph (1) of subdivision (a) and the owner and the operator of the facility shall pay the department’s costs in reviewing and overseeing any corrective action program described in the application for a standardized permit pursuant to subparagraph (C) of paragraph (2) of subdivision (c) of Section 25201.6 or required pursuant to subdivision (b) of Section 25200.10, and in reviewing and overseeing any corrective action work undertaken at the facility pursuant to that corrective action program.
(c) (1) An applicant pursuant to paragraph (1) of subdivision (a) and the owner and the operator of the facility shall, pursuant to Section 21089 of the Public Resources Code, pay all costs incurred by the department for purposes of complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), in conjunction with an application or request for any of the activities identified in subdivision (a), including any activities associated with correction action.
(2) Paragraph (1) does not apply to projects that are exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(d) Any reimbursements  Reimbursements  received pursuant to this section shall be placed in the Hazardous Waste Control Account for appropriation in accordance with Section 25174.
(e) Subdivision (a) does not apply to any a  variance granted pursuant to Article 4 (commencing with Section 66263.40) of Chapter 13 of Division 4.5 of Title 22 of the California Code of Regulations.
(f) Subdivision (a) does not apply to any of the following:
(1) Any A  variance issued to a public agency to transport wastes for purposes of operating a household hazardous waste collection facility, facility  or to transport waste from a household hazardous waste collection facility, which receives household hazardous waste or hazardous waste from conditionally exempted small quantity generators pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any A  variance issued to a public agency to conduct a collection program for agricultural wastes.
(g) Fees imposed pursuant to this section shall be administered and collected by the department.
(h) (1) The changes made in this section by the act that added this subdivision  Chapter 340 of the Statutes of 2016  apply to applications and requests submitted to the department on and after April 1, 2016.
(2) If, on and after April 1, 2016, an applicant has submitted an application and paid a fee pursuant to subdivision (d), as that subdivision read on April 1, 2016, but before the act that added this subdivision took effect, the  September 13, 2016, the  department shall determine the difference between the amount paid by the applicant and the amount due pursuant to subdivision (a), and that applicant shall be liable for that amount.
(3) Acknowledging a limited period of retroactive application of the elimination of the flat fee option pursuant to this subdivision, the Legislature finds and declares all of the following:
(A) The department expends a substantial amount of time and resources in processing permit applications and modifications.
(B) The former flat fee option paid by applicants was most often insufficient to cover actual costs to the department in reviewing and processing the applications and modifications.
(C) The applicant, being the primary beneficiary of the permit process, in fairness should pay the actual costs of the department in reviewing permit applications and modifications.
(D) The amendment to this section during the 2015–16 Regular Session eliminating the flat fee option and requiring applicants to enter into a written reimbursement agreement with the department is intended to apply to applications and modification requests filed on or after April 1, 2016, in order to remedy this financial inequity and to avoid an influx of the submission of applications to the department before amendment to this section goes into effect.
(3) Acknowledging a limited period of retroactive application of the elimination of the flat fee option pursuant to this subdivision, the Legislature finds and declares all of the following:
(A) The department expends a substantial amount of time and resources in processing permit applications and modifications.
(B) The former flat fee option paid by applicants was most often insufficient to cover actual costs to the department in reviewing and processing the applications and modifications.
(C) The applicant, being the primary beneficiary of the permit process, in fairness should pay the actual costs of the department in reviewing permit applications and modifications.
(D) The amendment to this section during the 2015–16 Regular Session eliminating the flat fee option and requiring applicants to enter into a written reimbursement agreement with the department is intended to apply to applications and modification requests filed on or after April 1, 2016, in order to remedy this financial inequity and to avoid an influx of the submission of applications to the department before amendment to this section goes into effect.

SEC. 13.

 Section 25244.01 of the Health and Safety Code is amended to read:

25244.01.
 (a) Except as provided in subdivision (b), the department’s duty to implement this article is contingent upon, and limited to, the availability of funding.
(b) Subdivision (a) does not apply to Section 25244.4.
(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 14.

 Section 25244.13.1 of the Health and Safety Code is amended to read:

25244.13.1.
 (a) The department’s duties to implement this article are contingent upon, and limited to, the availability of funding.
(b) Subdivision (a) does not eliminate a requirement of this article that is imposed upon a generator.
(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 15.
 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.