Today's Law As Amended


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AB-995 Hazardous waste.(2019-2020)



As Amends the Law Today


SECTION 1.
 (a) The Legislature finds and declares that the Department of Toxic Substances Control has been operating under a structural deficit for many years and is currently in deficit. This fiscal condition limits the department’s effectiveness and responsiveness to stakeholders.
(b) It is the intent of the Legislature that the fee structure and amounts in this act will be amended in the future based on the Secretary of Environmental Protection’s recommendations based on the work of the fee task force convened pursuant to this act.
(c) It is the further intent of the Legislature that the Board of Environmental Safety improve the function, accountability, transparency, responsiveness, and efficiency of the Department of Toxic Substances Control, and therefore the board’s role and responsibilities may evolve with time.

SEC. 2.

 Section 6103.10 of the Government Code is amended to read:

6103.10.
 (a)  Section 6103 does not apply to any fee or charges required to be paid to the State  Director of Toxic Substances Control Health Care Services  or to the California Department of Tax and Fee Administration pursuant to Chapter 6.5 (commencing with Section 25100) of, and Chapter 6.8 (commencing with Section 25300) of, Division 20 of the Health and Safety Code, except as otherwise provided in paragraph (1) of subdivision (a) of Section 25174.7, subdivision  subdivision  (b) of Section 25205.1, or  25205.1 of, and  Section 25205.7 of of,  the Health and Safety Code.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 3.

 Section 11553 of the Government Code is amended to read:

11553.
 (a) Effective January 1, 1988, an annual salary of eighty-one thousand six hundred thirty-five dollars ($81,635) shall be paid to each of the following:
(1) Chairperson of the Unemployment Insurance Appeals Board.
(2) Chairperson of the Agricultural Labor Relations Board.
(3) Chairperson of the Fair Political Practices Commission.
(4) Chairperson of the Energy Resources Conservation and Development Commission.
(5) Chairperson of the Public Employment Relations Board.
(6) Chairperson of the Workers’ Compensation Appeals Board.
(7) Administrative Director of the Division of Industrial Accidents.
(8) Chairperson of the State Water Resources Control Board.
(9) Chairperson of the Cannabis Control Appeals Panel.
(10) Chairperson of the Board of Environmental Safety.
(b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year.
(c) Notwithstanding subdivision (b), any salary increase is subject to Section 11565.5.
(d) This section shall be operative on July 1, 2019.

SEC. 4.

 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. 5.

 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, or industrial hygiene, or a licensed geologist or licensed engineer, in an area 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) Due to the unique nature of permitting federal facilities, the chairperson of the board shall designate one board member to serve as the liaison between the board and the United States Department of Defense.
(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 filled by the appointing authority for the unexpired portion of the term in which it occurs within 30 days of the date on which the vacancy occurs. If the Governor fails to make the appointment within 30 days, the Senate Committee on Rules may make the appointment in accordance with this section.
(2) The terms of the board members shall be staggered. Two of the three initial members appointed by the Governor shall serve a two-year term, and three initial members shall serve a four-year term.
(3) A board member who misses three consecutive meetings shall be considered to have vacated the position, effective the first weekday following the third consecutive missed meeting, at which time the vacancy shall be filled in accordance with this subdivision.
(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 shall conduct its business, including adjourning to, or meeting solely in, executive session 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. The rules are exempt from the requirements 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) The chairperson of the board, who shall be appointed by the Governor, shall be full time and shall receive the salary provided for in Section 11553 of the Government Code. Other members of the board shall serve one-half time. A board member shall receive one-half of the salary provided for in Section 11553.5 of the Government Code.
(l) If necessary, a board member may travel within or out of the state.
(m) A board member shall represent the general public interest and shall exercise independent judgment as officers of the state on behalf of the interests of the entire state in furthering the purposes of this chapter and Chapter 6.8 (commencing with Section 25300).
(n) A member of the board shall not participate in any action of the board or attempt to influence any decision of which the board member has a financial interest described in Section 87103 of the Government Code.
(o) The board shall establish rules regarding ex parte communication that include requirements for written reporting of ex parte communications and appropriate sanctions for noncompliance with these rules.
25125.2.
 (a) The board shall conduct no less than six public meetings per year, three of which shall be outside of the County of Sacramento.
(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 for both of the following:
(A) Hazardous waste facility permit decisions.
(B) Financial assurance decisions under subdivision (e) of Section 25187.3 and subdivision (e) of Section 25246.1.
(4) Review the site mitigation program under Chapter 6.8 (commencing with Section 25300) and remediation activities under this chapter, and propose statutory, regulatory, and policy changes to guide the prioritization of, and consistent standards for, the cleanup of contaminated properties, including how the department is coordinating with other regulatory agencies, including, but not limited to, the State Water Resources Control Board and the Department of Resources Recycling and Recovery, and 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.
(c) The board shall review how the department is coordinating with other regulatory agencies, including, but not limited to, the State Water Resources Control Board and the Department of Resources Recycling and Recovery.
25125.6.
 On or before January 1, 2022, the department shall do both of the following:
(a) 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.
(b) 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 without reducing protections to public health and the environment, and present those strategies to the board.
25125.7.
 The board shall annually prepare and transmit to the secretary and the Legislature, in compliance with Section 9795 of the Government Code, an annual review of the department’s performance measured against the board’s objectives.
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.
25125.9.
 (a) There is established within the board an office of the ombudsperson. The board shall appoint an ombudsperson who shall serve full time at the pleasure of the board.
(b) The office of the ombudsperson shall serve as an impartial resource to all stakeholders and the general public by doing all of the following:
(1) Receiving complaints and suggestions.
(2) Evaluating complaints.
(3) Reporting findings and making recommendations to the director and the board.
(4) Rendering assistance, when appropriate.
(c) The board, in consultation with the director, may determine the activities, in addition to those specified in subdivision (b), the ombudsperson can undertake.
(d) The board shall establish procedures for the ombudsperson that include all of the following:
(1) Methods to encourage the submission of complaints or suggestions and safeguards to ensure confidentiality.
(2) Forms to submit complaints and suggestions to the ombudsperson.
(3) Criteria for prioritization of complaints and suggestions submitted to the ombudsperson.
(4) Access to information and resources to improve the understanding of the department’s activities and to become involved in the department’s regulatory processes.
(e) Any person may submit a complaint or make a suggestion to the ombudsperson regarding any action, program, or policy of the department.

SEC. 6.

 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 existing fee system 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 its statutory mandates, and discourages business investment in California’s economy.
(b) The Secretary shall, no later than March 2, 2021, 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, 2022, 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 and Chapter 6.8 (commencing with Section 25300).
(4) Provides adequate funding for the programs that protect consumers from potentially harmful chemicals in products or workplaces.
(5) Provides for a reasonable distribution of costs among the sectors that contribute to the need for management of hazardous waste in the state.
(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, as well as the option to use any other funding mechanism. The task force shall consider where tiered rates can be implemented to reflect greater regulatory costs associated with large volumes of hazardous waste in the areas of generation, transport, and treatment.
(9) Identifies funding needed to implement duties pursuant to Article 11.8 (commencing with Section 25244) and Article 11.9 (commencing with Section 25244.12), in whole or in part.
(10) Provides funding for grant programs that support the collection of hazardous wastes that are at high risk of being illegally disposed.
(11) Considers the potential role of the board in adjusting fees.
(c) To assist the fee task force, the department shall, no later than March 1, 2021, provide to the Secretary and make available to the fee task force and the public a workload analysis of the department’s current resources and unmet resources needs to carry out all of its statutory and regulatory responsibilities.
(d) The Secretary may enter into an agreement with an outside entity to convene and conduct the fee task force, including with the use of private funding, to develop the required recommendations described in subdivision (b).
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, including at least one federal permittee.
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. 7.

 Section 25135.9 of the Health and Safety Code is repealed.

SEC. 8.

 Section 25135.9 is added to the Health and Safety Code, to read:

25135.9.
 (a) The department shall, by March 1, 2024, and every three years thereafter, prepare a state hazardous waste management plan and present it to the board for approval. The state hazardous waste management plan shall be based on the report prepared pursuant to subdivision (b) and any other relevant sources of information, and shall serve as a comprehensive planning document for the management of hazardous waste in the state, as a useful informational source to guide state and local hazardous waste management efforts, and as a guide for the department’s implementation of its hazardous waste management program.
(b) By March 1, 2022, and every three years thereafter, the department shall prepare a report that includes an analysis of available data related to hazardous waste, including all of the following components:
(1) An analysis of the hazardous waste streams produced in the state, including the sources of the data and any limitations of that data. The report shall present waste stream information for the waste types currently being generated, historically generated, and expected to be generated in the future. In addition to statewide data, the report shall also present the waste stream information in the following categories:
(A) The county in which each waste stream is generated.
(B) The destination to which each waste stream is shipped.
(C) The amount of hazardous waste disposed to land, both inside the state as well as in other states.
(D) The amount of hazardous waste treated, both inside the state and in other states.
(E) The amount of hazardous waste that is regulated under the federal act, and the amount of hazardous waste that is regulated only in the state.
(F) An estimate of the type and volumes of hazardous waste that are generated but are not required to be manifested and therefore are not included in the department’s Hazardous Waste Tracking System, including wastes that are:
(i) Treated onsite.
(ii) Recycled onsite.
(iii) Identified as universal wastes.
(iv) Eligible to be managed under a management standard that is an alternative to full hazardous waste regulation.
(2) Information on hazardous waste management facilities that operate in the state, including all of the following:
(A) Information on hazardous waste facilities, including a description of each facility, the amount of hazardous waste each is permitted to receive annually, and the amount of hazardous waste managed by each facility that is received from in-state versus out-of-state generators. The information provided pursuant to this subparagraph shall include information on both of the following:
(i) Hazardous waste facilities that have been issued a permit to operate by the department.
(ii) Any other hazardous waste management facilities that are receiving any type of hazardous wastes from offsite that do not require a hazardous waste facilities permit to operate, such as universal waste handlers or temporary transfer stations.
(B) An analysis of the location of each destination facility, including an assessment of the area in which the facility is located. This analysis shall include zoning and other geographic information, and the CalEnviroScreen score for facilities located in the state, or an estimate of an equivalent CalEnviroScreen score for facilities located in other states.
(C) An analysis of the transportation of hazardous waste generated in the state, including information on the distance between the destination facilities and the generators that are sending waste to those facilities, the transportation options available to transport hazardous wastes to each facility, and the cost for transportation to each facility.
(c) Before publishing the report required by subdivision (b), the department shall conduct workshops to present the draft report and receive comments from the public. The department shall consider the comments received from the public and revise the report as it deems appropriate.
(d) The state hazardous waste management plan prepared pursuant to subdivision (a) shall include, but is not limited to, all of the following:
(1) A baseline of the amount and types of hazardous waste generated, disposed in the state, and disposed of in other states from which recommendations can be drawn and changes to waste management practices, including the reduction in the amount of hazardous waste generated or disposed, can be measured.
(2) Recommended goals for the reduction in the amount of hazardous waste generated or disposed, including, but not limited to, all of the following:
(A) Goals based on statewide total amounts of hazardous waste.
(B) Goals based on total amounts of particular hazardous waste streams or waste types.
(C) Goals based on amounts of particular hazardous waste streams or waste types generated or disposed by specific industry types or sectors.
(3) Recommendations for achieving the recommended goals, including, but not limited to, all of the following:
(A) Recommendations for techniques to measure hazardous waste being generated to account for variability in manufacturing production or other economic factors.
(B) Recommendations for additional steps to be taken to accomplish all of the following:
(i) Reducing the use of hazardous materials and increasing the use of less hazardous or nonhazardous alternatives to the maximum extent feasible.
(ii) Reducing the amount of hazardous waste sent for disposal.
(iii) Reducing the amount of hazardous waste being generated, except those wastes that are generated from the cleanup of contaminated sites or through the free public collection of household hazardous waste.
(iv) Reducing the risk of exposure to communities threatened by releases of hazardous substances and hazardous waste.
(v) Reducing the risk of exposure to communities near sites contaminated by hazardous substances and hazardous waste.
(C) Recommendations for modifications to hazardous waste-related fees or financial incentives to encourage additional reduction in waste generation.
(D) Recommendations for incorporating external or long-term costs into waste management decisionmaking.
(E) Recommendations for allowing for public comment and input into source reduction evaluation review and plans prepared by generators pursuant to Section 25244.19, and hazardous waste management performance reports prepared by generators pursuant to Section 25244.20.
(F) Recommendations for changes to the department’s implementation of Article 11.8 (commencing with Section 25244) and Article 11.9 (commencing with Section 25244.12).
(G) Recommendations for appropriate roles and responsibilities for the department, other agencies, local unified program agencies and green business programs in achieving the goals of the plan.
(H) Recommendations for changes to statutes and regulations that may create impediments to waste reduction and achieving the recommended goals.
(I) Recommendations for changes to statutes that enhance or facilitate accomplishment of the recommended goals.
(J) Recommendations that identify wastes classified as hazardous waste under state law that may be effectively managed, for purposes of public health and environmental safety, under alternative management standards.
(K) Any other recommendations that would further the department’s implementation of its hazardous waste management program and the goals of this section.
(e) Before approving the plan, the board shall hold at least three public hearings in various parts of the state to receive comments from the public. The board and the department shall consider the comments received from the public and revise the plan as they deem appropriate.

SEC. 9.

 Section 25160 of the Health and Safety Code is amended to read:

25160.
 (a) For purposes of this chapter, the following definitions apply:
(1) “Manifest” means a shipping document originated and signed by a generator of hazardous waste that contains all of the information required by the department and that complies with all applicable federal and state regulations, and includes any of the following:
(A) A California Uniform Hazardous Waste Manifest, which was a manifest document printed and supplied by the state for a shipment initiated on or before September 4, 2006.
(B) A Uniform Hazardous Waste Manifest, which is United States Environmental Protection Agency Form 8700-22 (Manifest) and includes, if necessary, Form 8700-22A (Manifest Continuation Sheet), printed by a source registered with the United States Environmental Protection Agency for a shipment initiated on or after September 5, 2006.
(C) (i) An electronic manifest, which is the electronic format of a hazardous waste manifest, that is obtained from the electronic manifest system and transmitted electronically to the system, that is the legal equivalent of United States Environmental Protection Agency Forms 8700-22 and 8700-22A, as specified in Section 25160.01.
(ii) A printed copy of the manifest from the e-Manifest system.
(2) “Electronic manifest system” or “e-Manifest system” means the United States Environmental Protection Agency’s national information technology system through which an electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest, and to regulatory agencies.
(3) For purposes of this section, a shipment is initiated on the date when the manifest is signed by the first transporter and the hazardous waste leaves the site where it is generated.
(b) (1) Except as provided in Section 25160.2 or 25160.8, or as otherwise authorized by a variance issued by the department, a person generating hazardous waste that is transported, or submitted for transportation, for offsite handling, treatment, storage, disposal, or any combination thereof, shall complete a manifest before the time the  waste is transported or offered for transportation, and shall designate on that manifest the facility to which the waste is to be shipped for the handling, treatment, storage, disposal, or combination thereof. The manifest shall be completed as required by the department. The generator shall provide the manifest to the person who will transport the hazardous waste, who is the driver, if the hazardous waste will be transported by vehicle, or the person designated by the railroad corporation or vessel operator, if the hazardous waste will be transported by rail or vessel.
(A) The generator shall use the manifest shipping document United States Environmental Protection Agency Form 8700-22 and include, if necessary, Form 8700-22A, or an electronic manifest, which is the electronic format of a hazardous waste manifest, that is obtained from the e-Manifest system, and that is the legal equivalent of United States Environmental Protection Agency Forms 8700-22 and 8700-22A, as specified in Section 25160.01.
(B) A manifest shall only be used for the purposes specified in this chapter, including, but not limited to, identifying materials that the person completing the manifest reasonably believes are hazardous waste.
(C) Within 30 days from the date of transport, or submission for transport, of hazardous waste, each generator of that hazardous waste using a paper manifest shall submit to the department a legible copy of each paper manifest used. The copy submitted to the department shall contain the signatures of the generator and the transporter. The generator is not required to send the department a copy of an electronic manifest processed completely through the e-Manifest system.
(2) Except as provided in Section 25160.2 or 25160.8 or as otherwise authorized by a variance issued by the department, a person generating hazardous waste that is transported, or submitted for transportation, for offsite handling, treatment, storage, disposal, or any combination thereof, outside of the state, shall complete, whether or not the waste is determined to be hazardous by the importing country or state, a manifest in accordance with both of the following conditions:
(A) The generator shall use the manifest shipping document United States Environmental Protection Agency Form 8700-22 and include, if necessary, Form 8700-22A, or an electronic manifest, which is the electronic format of a hazardous waste manifest, that is obtained from the e-Manifest system, and that is the legal equivalent of United States Environmental Protection Agency Forms 8700-22 and 8700-22A, as specified in Section 25160.01.
(B) The generator shall submit a legible printed copy of any paper manifest used in accordance with subparagraph (A) to the department within 30 days from the date of the transport, or submission for transport, of the hazardous waste. The generator is not required to send the department a copy of an electronic manifest processed completely through the e-Manifest system.
(3) Within 30 days from the date of transport, or submission for transport, of hazardous waste out of state, each generator of that hazardous waste using a paper manifest shall submit to the department a legible printed copy of each paper manifest used. The copy submitted to the department shall contain the signatures of the generator and the initial transporter. If within 35 days from the date of the initial shipment, or for exports by water to foreign countries 60 days after the initial shipment, the generator has not received a copy of the manifest signed by all transporters and the facility operator or received verification through the e-Manifest system that the shipment has been received by the designated facility, the generator shall contact the owner or operator of the designated facility to determine the status of the hazardous waste and to request that the owner or operator immediately provide a signed copy of the manifest to the generator. Except as provided otherwise in paragraph (2) of subdivision (h) of Section 25123.3, if within 45 days from the date of the initial shipment or, for exports by water to foreign countries, 90 days from the date of the initial shipment, the generator has not received a copy of the signed manifest or verification through the e-Manifest system from the facility owner or operator that the shipment has been received and the manifest has been signed by the designated facility, the generator shall submit an exception report to the department.
(4) For shipments of waste that do not require a manifest pursuant to Title 40 of the Code of Federal Regulations, the department, by regulation, may require that a manifest be used.
(5) (A) Notwithstanding any other provision of this section, except as provided in subparagraph (B), the generator is not required to submit a copy of the manifest to the department for any waste transported in compliance with the consolidated manifest procedures in Section 25160.2 or with the procedures specified in Section 25160.8, or when the transporter is operating pursuant to a variance issued by the department pursuant to Section 25143 authorizing the use of a consolidated manifest for waste not listed in Section 25160.2, if the generator, transporter, and facility are all identified as the same company on the hazardous waste manifest. If multiple identification numbers are used by a single company, all of the company’s identification numbers shall be included in its annual transporter registration application, if those numbers will be used with the consolidated manifest procedure. This paragraph does not affect the obligation of a facility operator to submit information regarding the shipment it receives through a consolidated manifest into the e-Manifest system.
(B) If the waste subject to subparagraph (A) is transported out of state, the generator shall submit a legible copy of the paper manifest to the department that contains the signatures of the generator and the initial transporter. The generator is not required to send the department a copy of an electronic manifest processed completely through the e-Manifest system.
(c) (1) The department shall determine the form and manner in which a manifest shall be completed and the information that the manifest shall contain. The form of each manifest and the information requested on each manifest shall be the same for all hazardous wastes, regardless of whether the hazardous wastes are also regulated pursuant to the federal act or by regulations adopted by the United States Department of Transportation. However, the form of the manifest and the information required shall be consistent with federal regulations.
(2) Pursuant to federal regulations, the department may require information on the manifest in addition to the information required by federal regulations.
(d) (1) A person who transports hazardous waste in a vehicle shall either have a legible copy of the paper manifest in their possession while transporting the hazardous waste or shall have an electronic manifest accessible during transportation that the person forwarded to the person or persons who are scheduled to receive delivery of the waste shipment. To the extent that Section 177.817 of Title 49 of the Code of Federal Regulations requires transporters of hazardous materials to carry a paper document, a hazardous waste transporter shall carry one printed copy of the paper or electronic manifest on the transport vehicle. The manifest shall be shown upon demand to any representative of the department, any officer of the Department of the California Highway Patrol, any local health officer, any certified unified program agency, or any local public officer designated by the director. If the hazardous waste is transported by rail or vessel, the railroad corporation or vessel operator shall comply with Subchapter C (commencing with Section 171.1) of Chapter 1 of Subtitle B of Title 49 of the Code of Federal Regulations and shall also enter on the shipping papers any information concerning the hazardous waste that the department may require.
(2) Any person who transports a waste, as defined by Section 25124, and who is provided with a manifest for that waste shall, while transporting that waste, comply with all requirements of this chapter, and the regulations adopted pursuant thereto, concerning the transportation of hazardous waste.
(3) A person who transports hazardous waste shall transfer a copy of the manifest to the facility operator at the time of delivery, or to the person who will subsequently transport the hazardous waste in a vehicle. A person who transports hazardous waste and then transfers custody of that hazardous waste to a person who will subsequently transport that waste by rail or vessel shall transfer a copy of the manifest to the person designated by the railroad corporation or vessel operator, as specified by Subchapter C (commencing with Section 171.1) of Chapter 1 of Subtitle B of Title 49 of the Code of Federal Regulations. The transfer of a manifest under this paragraph may be completed by either the transfer of a paper manifest or a transfer by electronic manifest transmitted to the facility operator by submission to the e-Manifest system.
(4) A person transporting hazardous waste by motor vehicle, rail, or water shall certify to the department, at the time of initial registration and at the time of renewal of that registration pursuant to this article, that the transporter is familiar with the requirements of this section, the department regulations, and federal laws and regulations governing the use of manifests.
(e) (1) A facility operator in the state who receives hazardous waste for handling, treatment, storage, disposal, or any combination thereof, which was transported with a manifest pursuant to this section, shall comply with the requirements of Section 264.71 or 265.71 of Title 40 of the Code of Federal Regulations, as applicable, pertaining to receipt of that shipment.
(2) Any treatment, storage, or disposal facility receiving hazardous waste generated outside this state may only accept the hazardous waste for treatment, storage, disposal, or any combination thereof, if the hazardous waste is accompanied by a completed paper or electronic manifest.
(3) A facility operator may accept hazardous waste generated offsite that is not accompanied by a properly completed and signed paper or electronic manifest if the facility operator meets both of the following conditions:
(A) The facility operator is authorized to accept the hazardous waste pursuant to a hazardous waste facilities permit or other grant of authorization from the department.
(B) The facility operator is in compliance with the regulations adopted by the department specifying the conditions and procedures applicable to the receipt of hazardous waste under these circumstances.
(4) This subdivision applies only to shipments of hazardous waste for which a manifest is required pursuant to this section and the regulations adopted pursuant to this section.
(f) The department shall make available for review, by any interested party, the department’s plans for revising and enhancing its system for tracking hazardous waste for purposes of protecting human health and the environment, enforcing laws, collecting revenue, and generating necessary reports.
(g) This section shall become operative on January 1, 2022, and shall  apply to the fees due for the 2022 2021  reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable following the reporting period.

SEC. 10.

 Section 25174 of the Health and Safety Code is amended to read:

25174.
 (a) There is in the General Fund the Hazardous Waste Control Account, which shall be administered by the director. In addition to any other money that may be deposited in the Hazardous Waste Control Account, pursuant to statute, all of the following amounts shall be deposited in the account:
(1) The fees collected pursuant to Sections 25174.1, 25205.2, 25205.5, 25205.14, 25205.15, and 25205.16.
(2) The fees collected pursuant to Section 25187.2, to the extent that those fees are for the oversight of corrective action taken under this chapter.
(3) Any interest earned upon the money deposited in the Hazardous Waste Control Account.
(4) Any money received from the federal government pursuant to the federal act.
(5) Any reimbursements for funds expended from the Hazardous Waste Control Account for services provided by the department pursuant to this chapter, including, but not limited to, the reimbursements required pursuant to Sections 25201.9 and 25205.7.
(b) The funds deposited in the Hazardous Waste Control Account may be appropriated by the Legislature, for expenditure as follows:
(1) To the department for the administration and implementation of this chapter.
(2) To the department for allocation to the California Department of Tax and Fee Administration to pay refunds of fees collected pursuant to Sections 43051 and 43053 of the Revenue and Taxation Code and for the administration and collection of the fees imposed pursuant to Article 9.1 (commencing with Section 25205.1) that are deposited into the Hazardous Waste Control Account.
(3) To the department for the costs of performance or review of analyses of past, present, or potential environmental public health effects related to toxic substances, including extremely hazardous waste, as defined in Section 25115, and hazardous waste, as defined in Section 25117.
(4) (A) To the department for allocation to the office of the Attorney General for the support of the Toxic Substance Enforcement Program in the office of the Attorney General, in carrying out the purposes of this chapter.
(B) On or before October 1 of each year, the Attorney General shall report to the Legislature on the expenditure of any funds allocated to the office of the Attorney General for the preceding fiscal year pursuant to this paragraph and paragraph (14) of subdivision (b) of Section 25173.6. The report shall include all of the following:
(i) A description of cases resolved by the office of the Attorney General through settlement or court order, including the monetary benefit to the department and the state.
(ii) A description of injunctions or other court orders benefiting the people of the state.
(iii) A description of any cases in which the Attorney General’s Toxic Substance Enforcement Program is representing the department or the state against claims by defendants or responsible parties.
(iv) A description of other pending litigation handled by the Attorney General’s Toxic Substance Enforcement Program.
(C) Nothing in subparagraph (B) shall require the Attorney General to report on any confidential or investigatory matter.
(5) To the department for administration and implementation of Chapter 6.11 (commencing with Section 25404).
(c) (1) Expenditures from the Hazardous Waste Control Account for support of state agencies other than the department shall, upon appropriation by the Legislature to the department, be subject to an interagency agreement or similar mechanism between the department and the state agency receiving the support.
(2) The department shall, at the time of the release of the annual Governor’s Budget, describe the budgetary amounts proposed to be allocated to the California Department of Tax and Fee Administration, as specified in paragraph (2) of subdivision (b) and in paragraph (3) of subdivision (b) of Section 25173.6, for the upcoming fiscal year.
(3) It is the intent of the Legislature that moneys appropriated in the annual Budget Act each year for the purpose of reimbursing the California Department of Tax and Fee Administration, a private party, or other public agency, for the administration and collection of the fees imposed pursuant to Article 9.1 (commencing with Section 25205.1) and deposited in the Hazardous Waste Control Account, shall not exceed the costs incurred by the California Department of Tax and Fee Administration, the private party, or other public agency, for the administration and collection of those fees.
(d) With respect to expenditures for the purposes of paragraphs (1) and (3) of subdivision (b) and paragraphs (1) and (2) of subdivision (b) of Section 25173.6, the department shall, at the time of the release of the annual Governor’s Budget, also make available the budgetary amounts and allocations of staff resources of the department proposed for the following activities:
(1) The department shall identify, by permit type, the projected allocations of budgets and staff resources for hazardous waste facilities permits, including standardized permits, closure plans, and postclosure permits.
(2) The department shall identify, with regard to surveillance and enforcement activities, the projected allocations of budgets and staff resources for the following types of regulated facilities and activities:
(A) Hazardous waste facilities operating under a permit or grant of interim status issued by the department, and generator activities conducted at those facilities. This information shall be reported by permit type.
(B) Transporters.
(C) Response to complaints.
(3) The department shall identify the projected allocations of budgets and staff resources for both of the following activities:
(A) The registration of hazardous waste transporters.
(B) The operation and maintenance of the hazardous waste manifest system.
(4) The department shall identify, with regard to site mitigation and corrective action, the projected allocations of budgets and staff resources for the oversight and implementation of the following activities:
(A) Investigations and removal and remedial actions at military bases.
(B) Voluntary investigations and removal and remedial actions.
(C) State match and operation and maintenance costs, by site, at joint state and federally funded National Priority List Sites.
(D) Investigation, removal and remedial actions, and operation and maintenance at the Stringfellow Hazardous Waste Site.
(E) Investigation, removal and remedial actions, and operation and maintenance at the Casmalia Hazardous Waste Site.
(F) Investigations and removal and remedial actions at nonmilitary, responsible party lead National Priority List Sites.
(G) Preremedial activities under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.).
(H) Investigations, removal and remedial actions, and operation and maintenance at state-only orphan sites.
(I) Investigations and removal and remedial actions at nonmilitary, non-National Priority List responsible party lead sites.
(J) Investigations, removal and remedial actions, and operation and maintenance at Expedited Remedial Action Program sites pursuant to former Chapter 6.85 (commencing with Section 25396).
(K) Corrective actions at hazardous waste facilities.
(5) The department shall identify, with regard to the regulation of hazardous waste, the projected allocation of budgets and staff resources for the following activities:
(A) Determinations pertaining to the classification of hazardous wastes.
(B) Determinations for variances made pursuant to Section 25143.
(C) Other determinations and responses to public inquiries made by the department regarding the regulation of hazardous waste and hazardous substances.
(6) The department shall identify projected allocations of budgets and staff resources needed to do all of the following:
(A) Identify, remove, store, and dispose of, suspected hazardous substances or hazardous materials associated with the investigation of clandestine drug laboratories.
(B) Respond to emergencies pursuant to Section 25354.
(C) Create, support, maintain, and implement the railroad accident prevention and immediate deployment plan developed pursuant to Section 7718 of the Public Utilities Code.
(7) The department shall identify projected allocations of budgets and staff resources for the administration and implementation of the unified hazardous waste and hazardous materials regulatory program established pursuant to Chapter 6.11 (commencing with Section 25404).
(8) The department shall identify the total cumulative expenditures of the Regulatory Structure Update and Site Mitigation Update projects since their inception, and shall identify the total projected allocations of budgets and staff resources that are needed to continue these projects.
(9) The department shall identify the total projected allocations of budgets and staff resources that are necessary for all other activities proposed to be conducted by the department.
(e) Notwithstanding this chapter, or Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code, for any fees, surcharges, fines, penalties, and funds that are required to be deposited into the Hazardous Waste Control Account or the Toxic Substances Control Account, the department, with the approval of the secretary, may take any of the following actions:
(1) Assume responsibility for, or enter into a contract with a private party or with another public agency, other than the California Department of Tax and Fee Administration, for the collection of any fees, surcharges, fines, penalties and funds described in subdivision (a) or otherwise described in this chapter or Chapter 6.8 (commencing with Section 25300), for deposit into the Hazardous Waste Control Account or the Toxic Substances Control Account.
(2) Administer, or by mutual agreement, contract with a private party or another public agency, for the making of those determinations and the performance of functions that would otherwise be the responsibility of the California Department of Tax and Fee Administration pursuant to this chapter, Chapter 6.8 (commencing with Section 25300), or Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code, if those activities and functions for which the California Department of Tax and Fee Administration would otherwise be responsible become the responsibility of the department or, by mutual agreement, the contractor selected by the department.
(f) If, pursuant to subdivision (e), the department, or a private party or another public agency, pursuant to a contract with the department, performs the determinations and functions that would otherwise be the responsibility of the California Department of Tax and Fee Administration, the department shall be responsible for ensuring that persons who are subject to the fees specified in subdivision (e) have equivalent rights to public notice and comment, and procedural and substantive rights of appeal, as afforded by the procedures of the California Department of Tax and Fee Administration pursuant to Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code. Final responsibility for the administrative adjustment of fee rates and the administrative appeal of any fees or penalty assessments made pursuant to this section may only be assigned by the department to a public agency.
(g) If, pursuant to subdivision (e), the department, or a private party or another public agency, pursuant to a contract with the department, performs the determinations and functions that would otherwise be the responsibility of the California Department of Tax and Fee Administration, the department shall have equivalent authority to make collections and enforce judgments as provided to the California Department of Tax and Fee Administration pursuant to Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code. Unpaid amounts, including penalties and interest, shall be a perfected and enforceable state tax lien in accordance with Section 43413 of the Revenue and Taxation Code.
(h) The department, with the concurrence of the secretary, shall determine which administrative functions should be retained by the California Department of Tax and Fee Administration, administered by the department, or assigned to another public agency or private party pursuant to subdivisions (e), (f), and (g).
(i) The department may adopt regulations to implement subdivisions (e) to (h), inclusive.
(j) The Director of Finance, upon request of the director, may make a loan from the General Fund to the Hazardous Waste Control Account to meet cash needs. The loan shall be subject to the repayment provisions of Section 16351 of the Government Code and the interest provisions of Section 16314 of the Government Code.
(k) The department shall establish, within the Hazardous Waste Control Account, a reserve of at least one million dollars ($1,000,000) each year to ensure that all programs funded by the Hazardous Waste Control Account will not be adversely affected by any revenue shortfalls.
(l) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 11.

 Section 25174 is added to the Health and Safety Code, to read:

25174.
 (a) There is in the General Fund the Hazardous Waste Control Account, which shall be administered by the director. In addition to any other money that may be deposited in the Hazardous Waste Control Account, pursuant to statute, all of the following amounts shall be deposited in the account:
(1) The fees collected pursuant to Section 25205.5.
(2) The fees collected pursuant to Section 25187.2, to the extent that those fees are for the oversight of corrective action taken under this chapter at a site other than a site operated by a hazardous waste facility authorized to operate under this chapter.
(3) Any interest earned upon the money deposited in the Hazardous Waste Control Account.
(4) Any money received from the federal government pursuant to the federal act to pay for department costs at sites or activities at sites other than those operated by a hazardous waste facility authorized to operate under this chapter.
(5) Any reimbursements for funds expended from the Hazardous Waste Control Account for services provided by the department pursuant to this chapter at a site other than a site operated by a hazardous waste facility authorized to operate under this chapter, including, but not limited to, the reimbursements required pursuant to Sections 25201.9 and 25205.7.
(b) The funds deposited in the Hazardous Waste Control Account may be appropriated by the Legislature, for expenditure as follows:
(1) To the department for the reasonable regulatory costs, consistent with Section 3 of Article XIII A of the California Constitution, to administer and implement this chapter for hazardous waste regulatory activities, but not including regulatory activities at sites operated by a hazardous waste facility authorized to operate under this chapter, and not including regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
(2) To the department for allocation to the California Department of Tax and Fee Administration to pay refunds of fees collected pursuant to Section 43053 of the Revenue and Taxation Code and for the administration and collection of the fees imposed pursuant to Section 25205.5 that are deposited into the Hazardous Waste Control Account.
(3) To the department for the costs of performance or review of analyses of past, present, or potential environmental public health effects related to extremely hazardous waste, as defined in Section 25115, and hazardous waste, as defined in Section 25117.
(4) (A) To the department for allocation to the office of the Attorney General for the support of the Toxic Substance Enforcement Program in the office of the Attorney General, in carrying out the purposes of this chapter, but not for purposes related to a site operated by a hazardous waste facility authorized to operate under this chapter or related to the owner or operator of a hazardous waste facility authorized to operate under this chapter, and not for regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
(B) On or before October 1 of each year, the Attorney General shall report to the Legislature on the expenditure of any funds allocated to the office of the Attorney General for the preceding fiscal year pursuant to this paragraph. The report shall include all of the following:
(i) A description of cases resolved by the office of the Attorney General through settlement or court order, including the monetary benefit to the department and the state.
(ii) A description of injunctions or other court orders benefiting the people of the state.
(iii) A description of any cases in which the Attorney General’s Toxic Substance Enforcement Program is representing the department or the state against claims by defendants or responsible parties.
(iv) A description of other pending litigation handled by the Attorney General’s Toxic Substance Enforcement Program.
(C) Nothing in subparagraph (B) shall require the Attorney General to report on any confidential or investigatory matter.
(5) To the department for administration and implementation of Chapter 6.11 (commencing with Section 25404).
(6) To the department for costs incurred by the Board of Environmental Safety in the administration and implementation of its duties and responsibilities established in Article 2.1 (commencing with Section 25125).
(c) (1) The department shall, at the time of the release of the annual Governor’s Budget, describe the budgetary amounts proposed to be allocated to the California Department of Tax and Fee Administration, as specified in paragraph (2) of subdivision (b).
(2) It is the intent of the Legislature that moneys appropriated in the annual Budget Act each year for the purpose of reimbursing the California Department of Tax and Fee Administration, a private party, or other public agency, for the administration and collection of the fees imposed pursuant to Section 25205.5, and deposited in the Hazardous Waste Control Account, shall not exceed the costs incurred by the California Department of Tax and Fee Administration, the private party, or other public agency, for the administration and collection of those fees.
(d) The Director of Finance, upon the request of the director, may make a loan from the General Fund to the Hazardous Waste Control Account to meet cash needs. The loan shall be subject to the repayment provisions of Section 16351 of the Government Code and the interest provisions of Section 16314 of the Government Code.
(e) This section shall become operative on January 1, 2022.

SEC. 12.

 Section 25174.01 is added to the Health and Safety Code, to read:

25174.01.
 (a) The Hazardous Waste Facilities Account is established within the Hazardous Waste Control Account and shall be administered by the director. In addition to any other money that may be deposited in the Hazardous Waste Facilities Account pursuant to this chapter, all of the following amounts shall be deposited in the account:
(1) The fees collected pursuant to Sections 25205.2.
(2) The fees collected pursuant to Section 25187.2, to the extent that those fees are for the oversight of corrective action taken under this chapter at a site operated by a hazardous waste facility authorized to operate under this chapter.
(3) Any interest earned upon the money deposited in the Hazardous Waste Facilities Account.
(4) Any money received from the federal government pursuant to the federal act to pay department costs at sites operated by a hazardous waste facility authorized to operate under this chapter.
(5) Any reimbursements for funds expended from the Hazardous Waste Facilities Account for services provided by the department pursuant to this chapter at a site operated by a hazardous waste facility authorized to operate under this chapter, including, but not limited to, the reimbursements required pursuant to Sections 25201.9 and 25205.7.
(b) The funds deposited in the Hazardous Waste Facilities Account may be appropriated by the Legislature for expenditure as follows:
(1) To the department for the reasonable regulatory costs, consistent with Section 3 of Article XIII A of the California Constitution, to administer and implement this chapter for hazardous waste regulatory activities at sites operated by a hazardous waste facility authorized to operate under this chapter, but not for regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
(2) To the department for allocation to the California Department of Tax and Fee Administration to pay refunds of fees collected pursuant to Section 43053 of the Revenue and Taxation Code and for the administration and collection of the fees imposed pursuant to Section 25205.2 that are deposited into the Hazardous Waste Facilities Account.
(3) (A) To the department for allocation to the office of the Attorney General for the support of the Toxic Substance Enforcement Program in the office of the Attorney General, in carrying out the purposes of this chapter, at sites operated by a hazardous waste facility authorized to operate under this chapter or related to the owner or operator of a hazardous waste facility authorized to operate under this chapter, but not for regulatory activities authorized under Article 10 (commencing with Section 25210), Article 10.01 (commencing with Section 25210.5), Article 10.02 (commencing with Section 25210.9), Article 10.1.1 (commencing with Section 25214.1), Article 10.1.2 (commencing with Section 25214.4.3), Article 10.2.1 (commencing with Section 25214.8.1), Article 10.4 (commencing with Section 25214.11), Article 10.5 (commencing with Section 25215), Article 10.5.1 (commencing with Section 25215.8), Article 13.5 (commencing with Section 25250.50), Article 14 (commencing with Section 25251), and Section 25214.10.
(B) On or before October 1 of each year, the Attorney General shall report to the Legislature on the expenditure of any funds allocated to the office of the Attorney General for the preceding fiscal year pursuant to this paragraph. The report shall include all of the following:
(i) A description of cases resolved by the office of the Attorney General through settlement or court order, including the monetary benefit to the department and the state.
(ii) A description of injunctions or other court orders benefiting the people of the state.
(iii) A description of any cases in which the Attorney General’s Toxic Substance Enforcement Program is representing the department or the state against claims by defendants or responsible parties.
(iv) A description of other pending litigation handled by the Attorney General’s Toxic Substance Enforcement Program.
(C) Nothing in subparagraph (B) shall require the Attorney General to report on any confidential or investigatory matter.
(4) To the department for costs incurred by the Board of Environmental Safety in the administration and implementation of its duties and responsibilities established in Article 2.1 (commencing with Section 25125).
(c) (1) The department shall, at the time of the release of the annual Governor’s Budget, describe the budgetary amounts proposed to be allocated to the California Department of Tax and Fee Administration, as specified in paragraph (2) of subdivision (b).
(2) It is the intent of the Legislature that moneys appropriated in the annual Budget Act each year for the purpose of reimbursing the California Department of Tax and Fee Administration, a private party, or other public agency, for the administration and collection of the fees imposed pursuant to Section 25205.2 and deposited in the Hazardous Waste Facilities Account, shall not exceed the costs incurred by the California Department of Tax and Fee Administration, the private party, or other public agency, for the administration and collection of those fees.
(d) The Director of Finance, upon request of the director, may make a loan from the General Fund to the Hazardous Waste Facilities Account to meet cash needs. The loan shall be subject to the repayment provisions of Section 16351 of the Government Code and the interest provisions of Section 16314 of the Government Code.
(e) This section shall become operative on January 1, 2022.

SEC. 13.

 Section 25174.02 is added to the Health and Safety Code, to read:

25174.02.
 (a) Notwithstanding this chapter, or Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code, for any fees, surcharges, fines, penalties, and funds that are required to be deposited into the Hazardous Waste Control Account, the Hazardous Waste Facilities Account, or the Toxic Substances Control Account, the department, with the approval of the secretary, may take either of the following actions:
(1) Assume responsibility for, or enter into a contract with a private party or with another public agency, other than the California Department of Tax and Fee Administration, for the collection of any fees, surcharges, fines, penalties and funds described in Chapter 6.8 (commencing with Section 25300), for deposit into the Toxic Substances Control Account.
(2) Administer, or by mutual agreement, contract with a private party or another public agency, for the making of those determinations and the performance of functions that would otherwise be the responsibility of the California Department of Tax and Fee Administration pursuant to Chapter 6.8 (commencing with Section 25300), or Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code, if those activities and functions for which the California Department of Tax and Fee Administration would otherwise be responsible become the responsibility of the department or, by mutual agreement, the contractor selected by the department.
(b) If, pursuant to subdivision (a), the department, or a private party or another public agency, pursuant to a contract with the department, performs the determinations and functions that would otherwise be the responsibility of the California Department of Tax and Fee Administration, the department shall be responsible for ensuring that persons who are subject to the fees specified in subdivision (a) have equivalent rights to public notice and comment, and procedural and substantive rights of appeal, as afforded by the procedures of the California Department of Tax and Fee Administration pursuant to Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code. Final responsibility for the administrative adjustment of fee rates and the administrative appeal of any fees or penalty assessments made pursuant to this section may only be assigned by the department to a public agency.
(c) If, pursuant to subdivision (a), the department, or a private party or another public agency, pursuant to a contract with the department, performs the determinations and functions that would otherwise be the responsibility of the California Department of Tax and Fee Administration, the department shall have equivalent authority to make collections and enforce judgments as provided to the California Department of Tax and Fee Administration pursuant to Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code. Unpaid amounts, including penalties and interest, shall be a perfected and enforceable state tax lien in accordance with Section 43413 of the Revenue and Taxation Code.
(d) The department, with the concurrence of the secretary, shall determine which administrative functions should be retained by the California Department of Tax and Fee Administration, administered by the department, or assigned to another public agency or private party pursuant to subdivisions (a), (b), and (c).
(e) The department may adopt regulations to implement this section.

SEC. 14.

 Section 25174.1 of the Health and Safety Code is repealed.

25174.1.
 (a) Each person who disposes of hazardous waste in this state shall pay a fee for the disposal of hazardous waste to land, based on the type of waste placed in a disposal site, in accordance with this section and Section 25174.6.
(b) “Disposal fee” means the fee imposed by this section.
(c) For purposes of this section, “dispose” and “disposal” include “disposal,” as defined in Section 25113, including, but not limited to, “land treatment,” as defined in subdivision (n) of Section 25205.1.
(d) Each operator of a hazardous waste facility authorized to operate under this chapter, at which hazardous wastes are disposed, shall collect a fee from any person submitting hazardous waste for disposal and shall transmit the fees to the California Department of Tax and Fee Administration for the disposal of those wastes. The operator shall be considered the taxpayer for purposes of Section 43151 of the Revenue and Taxation Code. The facility operator is not required to collect and transmit the fee for a hazardous waste if the operator maintains written evidence that the hazardous waste is eligible for the exemption provided by Section 25174.7 or otherwise exempted from the fees pursuant to this chapter. The written evidence may be provided by the operator or by the person submitting the hazardous waste for disposal, and shall be maintained by the operator at the facility for a minimum of three years from the date that the waste is submitted for disposal. If the operator submits the hazardous waste for disposal, the operator shall pay the same fee as would any other person.
(e) Notwithstanding subdivision (d), the disposal facility shall not be liable for the underpayment of any disposal fees for hazardous waste submitted for disposal by a person other than the operator, if the person submitting the hazardous waste to the disposal facility has done either of the following:
(1) Mischaracterized the hazardous waste.
(2) Misrepresented any exemptions pursuant to Section 25174.7 or any other exemption from the disposal fee provided pursuant to this chapter.
(f) (1) Any additional payment of disposal fees that are due to the California Department of Tax and Fee Administration as a result of a mischaracterization of a hazardous waste, a misrepresentation of an exemption, or any other error, shall be the responsibility of the person making the mischaracterization, misrepresentation, or error.
(2) In the event of a dispute regarding the responsibility for a mischaracterization, misrepresentation, or other error, for which additional payment of disposal fees are due, the California Department of Tax and Fee Administration shall assign responsibility for payment of the fee to that person, or those persons, it determines responsible for the mischaracterization, misrepresentation, or other error, provided that the person, or persons, has the right to a public hearing and comment, and the procedural and substantive rights of appeal pursuant to Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(3) Any generator, transporter, or owner or operator of a disposal facility shall report to the department and the California Department of Tax and Fee Administration any information regarding any such mischaracterization, misrepresentation, or error, which could affect the disposal fee, within 30 days of that information first becoming known to that person.
(g) The California Department of Tax and Fee Administration shall deposit the fees collected pursuant to this section in the Hazardous Waste Control Account, for expenditure by the department, upon appropriation by the Legislature.
(h) The operator of the facility that disposes of the hazardous waste to land shall provide to every person who submits hazardous waste for disposal at the facility a statement showing the amount of hazardous waste fees payable pursuant to this section.
(i) Any person who disposes of hazardous waste at any site that is not a hazardous waste facility authorized to operate under this chapter shall be responsible for payment of fees pursuant to this section and shall be the taxpayer for purposes of Section 43151 of the Revenue and Taxation Code.
(j) This section applies only to fees due through the June 2022 reporting period and earlier reporting periods.
(k) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.

SEC. 15.

 Section 25174.2 of the Health and Safety Code is repealed.

25174.2.
 (a) The base rate for the hazardous wastes specified in Section 25174.6 which are disposed of or submitted for disposal in the state is eighty-five dollars and twenty-four cents ($85.24) per ton for disposal of hazardous waste to land.
(b) The base rate specified in subdivision (a) is the base rate for the period of January 1, 1997, to December 31, 1997. Beginning with calendar year 1998, and for each year thereafter, the California Department of Tax and Fee Administration shall adjust the base rate annually to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or a successor agency.
(c) This section applies only to fees due through the June 2022 reporting period and earlier reporting periods.
(d) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.

SEC. 16.

 Section 25174.6 of the Health and Safety Code is repealed.

25174.6.
 (a) The fee provided pursuant to Section 25174.1 shall be determined as a percentage of the base rate, as adjusted by the California Department of Tax and Fee Administration, pursuant to Section 25174.2, or as otherwise provided by this section. The procedure for determining these fees is as follows:
(1) The following fees shall be paid for each ton, or fraction of a ton, for up to the first 5,000 tons of the following hazardous wastes disposed of, or submitted for disposal, in the state at each specific offsite facility by each producer, or at each specific onsite facility, per month, if the hazardous wastes are not otherwise subject to the fee specified in paragraph (3) or (4) and are not otherwise exempt from the fees imposed pursuant to this article:
(A) For non-RCRA hazardous waste, excluding asbestos, generated in a remedial action, a removal action, or a corrective action taken pursuant to this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.75 (commencing with Section 25299.10), or Chapter 6.8 (commencing with Section 25300), or generated in any other required or voluntary cleanup, removal, or remediation of a hazardous substance or non-RCRA hazardous waste, a fee of five dollars and seventy-two cents ($5.72) per ton.
(B) For all other non-RCRA hazardous waste, a fee of 16.31 percent of the base rate for each ton.
(2) Thirteen percent of the base rate for each ton, or fraction of a ton, shall be paid for up to the first 5,000 tons of hazardous waste disposed of, or submitted for disposal, in the state, at each specific offsite facility by each producer, or at each specific onsite facility, per month, which result from the extraction, beneficiation, and processing of ores and minerals, including phosphate rock and the overburden from the mining of uranium ore and that is not otherwise subject to the fee specified in paragraph (3) or (4).
(3) Two hundred percent of the base rate shall be paid for each ton, or fraction of a ton, of extremely hazardous waste disposed of, or submitted for disposal, in the state.
(4) Two hundred percent of the base rate shall be paid for each ton, or fraction of a ton, of restricted hazardous wastes listed in subdivision (b) of Section 25122.7 disposed of, or submitted for disposal, in the state.
(5) Forty and four-tenths percent of the base rate shall be paid for each ton, or fraction of a ton, of hazardous waste disposed of, or submitted for disposal, in the state that is not otherwise subject to the fees specified in paragraph (1), (2), (3), (4), or (6).
(6) Five percent of the base rate shall be paid for each ton, or fraction of a ton, of hazardous waste disposed of, or submitted for disposal, in the state that is a solid hazardous waste residue resulting from incineration or dechlorination. Fees shall not be imposed pursuant to this paragraph on a solid hazardous waste residue resulting from incineration or dechlorination that is disposed of, or submitted for disposal, outside of the state.
(7) Fifty percent of the fee that would otherwise be paid for each ton, or fraction of a ton, of hazardous waste disposed of in the state that is a solid hazardous waste residue resulting from treatment of a treatable waste by means of a designated treatment technology, as defined in Section 25179.2. Fees shall not be imposed pursuant to this paragraph on a solid hazardous waste residue resulting from treatment of a treatable waste by means of a designated treatment technology that is not a hazardous waste or that is disposed of, or submitted for disposal, outside of the state.
(b) The amount of fees payable to the California Department of Tax and Fee Administration pursuant to this section shall be calculated using the total wet weight, measured in tons or fractions of a ton, of the hazardous waste in the form in which the hazardous waste existed at the time of disposal, submission for disposal, or application to land using a land disposal method, as defined in Section 66260.10 of Title 22 of the California Code of Regulations, if all of the following apply:
(1) The weight of any nonhazardous reagents or treatment additives added to the waste, after it has been submitted for disposal, for purposes of rendering the waste less hazardous, shall not be included in those calculations.
(2) Except as provided by paragraph (7) of subdivision (a), any RCRA hazardous waste received, treated, and disposed at the disposal facility shall be subject to a disposal fee pursuant to this section as if it were a non-RCRA hazardous waste, if the waste, due to treatment, is no longer a RCRA hazardous waste at the time of disposal.
(c) All fees imposed by this section shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(d) This section applies only to fees due through the June 2022 reporting period and earlier reporting periods.
(e) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.

SEC. 17.

 Section 25174.7 of the Health and Safety Code is repealed.

25174.7.
 (a) The fees provided for in Sections 25174.1 and 25205.5 do not apply to any of the following:
(1) Hazardous wastes that result when a government agency, or its contractor, removes or remedies a release of hazardous waste in the state caused by another person.
(2) Hazardous wastes generated or disposed of by a public agency operating a household hazardous waste collection facility in the state pursuant to Article 10.8 (commencing with Section 25218), including, but not limited to, hazardous waste received from conditionally exempt small quantity commercial generators, authorized pursuant to Section 25218.3.
(3) Hazardous wastes generated or disposed of by local vector control agencies that have entered into a cooperative agreement pursuant to Section 116180 or by county agricultural commissioners, if the hazardous wastes result from their control or regulatory activities and if they comply with the requirements of this chapter and regulations adopted pursuant this chapter.
(4) Hazardous waste disposed of, or submitted for disposal or treatment, by any person, which is discovered and separated from solid waste as part of a load checking program.
(b) Notwithstanding paragraph (1) of subdivision (a), any person responsible for a release of hazardous waste that has been removed or remedied by a government agency, or its contractor, shall pay the fee pursuant to Section 25174.1.
(c) Any person who acquires land for the sole purpose of owner-occupied single-family residential use, and who acquires that land without actual or constructive notice or knowledge that there is a tank containing hazardous waste on or under that property, is exempt from the fees imposed pursuant to Sections 25174.1 and 25205.5, in connection with the removal of the tank.
(d) This section applies only to fees due through the June 2022 reporting period and earlier reporting periods.
(e) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.

SEC. 18.

 Section 25174.11 of the Health and Safety Code is repealed.

SEC. 19.

 Section 25175 of the Health and Safety Code is amended to read:

25175.
 (a)   (1)   The department shall prepare and adopt, by regulation, a list, and on or before January 1, 2002, and when appropriate thereafter, shall revise, by regulation, that list, of specified hazardous wastes that the department finds are economically and technologically feasible to recycle either onsite or at an offsite commercial hazardous waste recycling facility in the state, taking into consideration various factors that shall include, but are not limited to, the quantities of, concentrations of, and potential contaminants in, these hazardous wastes, the number and location of recycling facilities, and the proximity of these facilities to hazardous waste generators.
(2)   Whenever any hazardous waste on the list adopted or revised pursuant to paragraph (1) is transported offsite for disposal, the department may request, in writing, by certified mail with return receipt requested, and the generator of that waste shall supply the department with, with  a formal, complete, and detailed statement justifying why the waste was not recycled. The generator shall supply the statement in writing, by certified mail with return receipt requested, within 30 calendar days of receipt of the department’s request. This statement shall include the generator’s assessment of the economic and technological feasibility of recycling the wastes and may include, but need not to  be limited to, the generator’s good faith determination that sending the hazardous waste to any recycling facility where it is feasible to recycle that hazardous waste would constitute an unacceptable environmental or business risk. This determination by the generator shall be based upon an environmental audit or other reasonably diligent investigation of the environmental and other relevant business practices of the recycling facility or facilities where it would otherwise be feasible to recycle the waste. If the request is made of any entity listed in Section 25118 other than an individual, the statement shall be issued by the responsible management of that entity. The department shall keep confidential any trade secrets contained in that statement.
(3)   On or before January 1, 2002, the department shall establish a procedure for the department to independently verify whether any hazardous waste identified in the list adopted pursuant to paragraph (1) is disposed of, rather than recycled. The department shall, on or before January 1, 2002, prepare and adopt those regulations that the department finds necessary to ensure that it can fully perform its duties pursuant to subdivisions (k) and (  l) of Section 25170 to encourage the exchange of hazardous waste and to establish and maintain an information clearinghouse of hazardous wastes that may be recyclable.
(4)   On or before July 1, 2000, the department shall establish an advisory committee to advise the department on the development of the regulations required or authorized by this section and on the department’s implementation of this section. The advisory committee shall consist of representatives of generators, hazardous waste facility operators, environmental organizations, the Legislature, and other interested parties.
(5)   In determining to which generators the department will send the request specified in paragraph (2), the department shall give priority to notifying generators transporting offsite for disposal more than 1,000 pounds per year of the type of hazardous waste that would be the subject of the request, to the extent this prioritization is feasible within the information management capabilities of the department.
(b)   (1)   If, after the department receives a statement from a generator pursuant to paragraph (2) of subdivision (a), the department finds the recycling of a hazardous waste to be economically and technologically feasible, the department shall inform the generator, in writing, by certified mail, return receipt requested, that 30 days after the date the generator receives notice of the department’s finding, any of the generators’ hazardous waste transported offsite to which the department’s finding applies shall, after that date, be recycled. The department may establish procedures for rescinding or modifying any finding made by the department pursuant to this paragraph if there is a pertinent change in circumstances related to that finding.
(2)   Notwithstanding paragraph (1), the department shall not find the recycling of a hazardous waste to be economically and technologically feasible if a generator includes a good faith determination in the statement submitted pursuant to paragraph (2) of subdivision (a) that sending its hazardous waste to any recycling facility where it is otherwise feasible to recycle the hazardous waste constitutes an unacceptable environmental or business risk.
(c)   A generator who does not recycle a hazardous waste after the generator receives a notice of the departments’ findings pursuant to subdivision (b) that the hazardous waste is economically and technologically feasible to recycle is subject to five times the disposal fee that would otherwise apply to the disposal of that hazardous waste pursuant to Section 25174.1. 25205.5. 
(d)   For purposes of this section, “recycle” and “recycling” shall have the same meaning as set forth in subdivision (a) of Section 25121.1.
(e) This section applies only shall apply  to the  fees due for the 2021 and earlier reporting periods. reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable following the reporting period. 
(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 20.

 Section 25178.1 of the Health and Safety Code is amended to read:

25178.1.
 (a)  The California Department of Tax and Fee Administration shall provide quarterly reports to the Legislature on the fees collected pursuant to Sections 25205.2 and 25205.5. The reports shall be due on the 15th day of the second month following each quarter. The reports shall be submitted in compliance with Section 9795 of the Government Code. 
(b) The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 21.

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

25187.3.
 (a) When submitting a corrective measures study for a hazardous waste facility that has been issued an order under Section 25187 for a release, as defined in Chapter 6.8 (commencing with Section 25300), of hazardous waste or hazardous waste constituents into the environment from a hazardous waste facility, an owner or operator shall include a corrective action cost estimate in the corrective measures study.
(b) The owner or operator shall demonstrate financial assurance within 90 days of the department’s approval of a corrective measures study and a corrective action cost estimate and shall maintain financial assurance throughout the period of time necessary to complete all required corrective actions.
(c) (1) For purposes of subdivision (b), an owner or operator shall demonstrate and maintain one or more of the financial assurance mechanisms set forth in subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22 of the California Code of Regulations.
(2) As an alternative to the requirement of paragraph (1), an owner or operator may demonstrate and maintain financial assurance by means of a financial assurance mechanism other than those described in paragraph (1), if the alternative financial assurance mechanism has been submitted to, and approved by, the department or a regional water quality control board as being at least equivalent to the financial assurance mechanisms described in paragraph (1). The department shall evaluate the equivalency of the proposed alternative financial assurance mechanism principally in terms of the certainty of the availability of funds for required corrective action activities and the amount of funds that will be made available. The department shall require the owner or operator to submit any information necessary to make a determination as to the equivalency of the proposed alternative financial assurance mechanism.
(d) The department shall waive the financial assurance required by subdivision (b) if the owner or operator is a federal or state entity.
(e) An owner or operator may satisfy the requirements of this section by demonstrating to the department that it has provided financial assurance for corrective action to the State Water Resources Control Board or a regional water quality control board for the same release identified by the department.
(f) For sites identified pursuant to Section 25204.6, the department shall not require financial assurances unless it is the lead agency or directed by the lead agency pursuant to Section 25204.6. Nothing in this section alters the State Water Resources Control Board’s rules and regulations regarding financial assurances.

SEC. 22.

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

25200.
 (a) The department shall issue a  hazardous waste facilities permit permits  to use and operate one or more hazardous waste management units at a hazardous waste  facility that, that  in the judgment of the department, 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 a 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 hazardous waste  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) A Any  hazardous waste facilities permit issued by the department, including a standardized permit issued pursuant to Section 25201.6,  department  shall be for a fixed term, which shall not exceed 10 years. years for any land disposal facility, storage facility, incinerator, or other treatment facility. 
(B) To the extent not inconsistent with the federal act, if, before the end of a hazardous waste facilities permit’s fixed term, a  when a  Part A and Part B application for the renewal of an existing hazardous waste facilities permit has been deemed complete, as specified in paragraph (4), a signed written cost reimbursement agreement and the 25-percent advance payment required pursuant to Section 25205.7, if applicable, have been submitted to and received by the department, and any other information requested by the department  permit, and any other requested information,  has been submitted to and received by the department, the  before the deadlines established in subparagraphs (C) and (D), the permit is deemed extended until the renewal application is approved and the new  hazardous waste facilities permit shall be deemed extended until either of the following: is effective or the application for the renewal of an existing hazardous waste facilities permit has been denied and all parties have exhausted all applicable rights of appeal. 
(i) The department approves the hazardous waste facilities permit renewal application and the new hazardous waste facilities permit is effective.
(ii) The department denies the hazardous waste facilities permit renewal application and all parties have exhausted all applicable rights of appeal.
(C) (i) For  An owner or operator of a hazardous waste   a  facility with a hazardous waste facilities  permit that expires before January 1, 2025, seeking to renew that hazardous waste facilities permit  2024, to file a renewal, the owner or operator  shall submit a Part A and Part B application to the department  at least 180 days before the end of the hazardous waste facilities permit’s fixed term. expiration date of the permit. The department shall post on its internet website the estimated date for a permit decision for all permits subject to this subparagraph and shall update this information at least monthly. The department shall issue a permit decision on a permit meeting this criteria within three years of the enactment of this section or within three years of the permit expiration date, whichever is later. 
(ii) The department shall post on its internet website, and update on at least a monthly basis, the estimated date for a permit decision for all hazardous waste facilities permits subject to this subparagraph.
(iii) The department shall issue a decision on a hazardous waste facilities permit renewal application for a hazardous waste facility subject to this subparagraph within three years of the effective date of this section or within three years after the end of the hazardous waste facilities permit’s fixed term, whichever is later.
(D) (i) For  An owner or operator of a hazardous waste   a  facility with a hazardous waste facilities  permit that expires on or after January 1, 2025, seeking to renew that hazardous waste facilities permit  2024, to file a renewal, the owner or operator  shall submit a Part A and Part B application at least two years before the end of the hazardous waste facilities permit’s fixed term. expiration date of the permit. The department shall issue a decision on a permit meeting this criteria no later than one year after the expiration date of the permit. 
(ii) The department shall post on its internet website, and update on at least a monthly basis, the estimated date for a permit decision for all hazardous waste facilities permits subject to this subparagraph.
(iii) The department shall issue a decision on a hazardous waste facilities permit for a hazardous waste facility subject to this subparagraph no later than one year after the end of the hazardous waste facilities permit’s fixed term.
(E) This subdivision section  does not limit or restrict the department’s authority to impose any additional or different conditions on an extended hazardous waste facilities  permit that are necessary to protect human health and the environment.
(F) In adopting new conditions for an extended hazardous waste facilities  permit, the department shall follow the applicable permit modification procedures specified in this chapter and the regulations adopted pursuant to this chapter.
(G) When prioritizing pending hazardous waste facilities permit  renewal applications for processing and in determining the need for any new conditions on an extended hazardous waste facilities  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 ensure assure  that the land disposal  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 hazardous waste facilities  permit at any time during its term.
(4) For purposes of this subdivision,  section, the department shall consider  an application for the renewal of an existing hazardous waste facilities permit shall to  be deemed complete when the department has notified the applicant in writing that the application is complete in  administratively complete in  accordance with subdivision (c) of Section 66271.2 of Title 22 of the California Code of Regulations.
(d) (1) When reviewing an any  application for renewal of a hazardous waste facilities’ permit,  a permit renewal,  the department shall consider improvements in the state of control and measurement technology, technology  as well as changes in applicable regulations.
(2) A hazardous waste facilities  Each  permit issued or renewed under this section shall contain any the  terms and conditions that the department deems determines  necessary to protect human health and the environment.
(e) A permit issued pursuant to the federal act by the United States Environmental Protection Agency to a hazardous waste facility  in the state for which no state hazardous waste facilities permit has been issued by the department  shall be deemed to be a state hazardous waste facilities permit and  permit  enforceable by the department until a state hazardous waste facilities  permit is issued. In addition to complying with the terms and conditions specified in the a  federal permit deemed to be a state hazardous waste facilities  permit pursuant to this subdivision, section,  an owner or operator of a hazardous waste facility  who holds that federal  permit shall comply with the requirements of this chapter and the regulations adopted by the department to implement this chapter.

SEC. 23.

 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, 2021, the department shall post a timeline, as described in subdivision (a), for a hazardous waste facility permit application under review as of January 1, 2021.

SEC. 24.

 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. 25.

 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.
(c) This section applies to a permit for an operating facility of a treatment, storage, or disposal facility and does not apply to a permit for a facility undergoing closure, or to a closure or postclosure permit.

SEC. 26.

 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. 27.

 Section 25201.6 of the Health and Safety Code is amended to read:

25201.6.
 (a) For purposes of this section and Section 25205.2, the following terms have the following meaning:
(1) “Series A standardized permit” means a permit issued to a hazardous waste  facility that meets one or more of the following conditions:
(A) The total influent volume of liquid hazardous waste treated is greater than 50,000 gallons per calendar month.
(B) The total volume of solid hazardous waste treated is greater than 100,000 pounds per calendar month.
(C) The total facility  storage design capacity is greater than 500,000 gallons for liquid hazardous waste.
(D) The total facility  storage design capacity is greater than 500 tons for solid hazardous waste.
(E) A volume of liquid or solid hazardous waste is stored at the hazardous waste  facility for more than one calendar year.
(2) “Series B standardized permit” means a permit issued to a hazardous waste  facility that does not store liquid or solid hazardous waste for a period of more than one calendar year, that does not exceed any of the upper volume limits specified in subparagraphs (A) to (D), inclusive, and that meets one or more of the following conditions:
(A) The total influent volume of liquid hazardous waste treated is greater than 5,000 gallons, but does not exceed 50,000 gallons, per calendar month.
(B) The total volume of solid hazardous waste treated is greater than 10,000 pounds, but does not exceed 100,000 pounds, per calendar month.
(C) The total facility  storage design capacity is greater than 50,000 gallons, but does not exceed 500,000 gallons, for liquid hazardous waste.
(D) The total facility  storage design capacity is greater than 100,000 pounds, but does not exceed 500 tons, for solid hazardous waste.
(3) “Series C standardized permit” means a permit issued to a hazardous waste  facility that does not store liquid or solid hazardous waste for a period of more than one calendar year, that does not conduct thermal treatment of hazardous waste, with the exception of evaporation, and that either meets the requirements of paragraph (3) of subdivision (g) or meets all of the following conditions:
(A) The total influent volume of liquid hazardous waste treated does not exceed 5,000 gallons per calendar month.
(B) The total volume of solid hazardous waste treated does not exceed 10,000 pounds per calendar month.
(C) The total facility  storage design capacity does not exceed 50,000 gallons for liquid hazardous waste.
(D) The total facility  storage design capacity does not exceed 100,000 pounds for solid hazardous waste.
(4) “Standardized permit” means a Series A, B, or C standardized permit issued to a hazardous waste facility pursuant to this section.
(b) The department shall adopt regulations specifying standardized hazardous waste facilities  permit application forms that may be completed by a non-RCRA Series A, B, or C treatment, storage, or treatment and storage facility, in lieu of other hazardous waste facilities permit application procedures set forth in regulations. The department shall not issue standardized  permits under this section to specific classes of facilities unless the department finds that doing so will not create a competitive disadvantage to a member or members of that class that were in compliance with the  permitting requirements that which  were in effect on September 1, 1992.
(c) The regulations adopted pursuant to subdivision (b) shall include all of the following:
(1) Require that the standardized permit notification be submitted to the department on or before October 1, 1993, for hazardous waste  facilities existing on or before September 1, 1992, except for hazardous waste  facilities specified in paragraphs (2) and (3) of subdivision (g). The standardized permit notification shall include, at a minimum, the information required for a Part A application as described in the regulations adopted by the department.
(2) Require that the standardized permit application be submitted to the department within six months of the submittal of the standardized permit notification. The standardized permit application shall require, at a minimum, that all of  the following information be submitted to the department for review before the final standardized  permit determination:
(A) A description of the treatment and storage activities to be covered by the standardized  permit, including the type and volumes of waste, the treatment process, equipment description, and design capacity.
(B) A copy of the closure plan, as required by paragraph (13) of subdivision (b) of Section 66270.14 of Title 22 of the California Code of Regulations.
(C) A description of the corrective action program, as required by Section 25200.10.
(D) Financial responsibility documents specified in paragraph (17) of subdivision (b) of Section 66270.14 of Title 22 of the California Code of Regulations.
(E) A copy of the topographic topographical  map, as specified in paragraph (18) of subdivision (b) of Section 66270.14 of Title 22 of the California Code of Regulations.
(F) A description of the individual container, and tank and containment system, and of the engineer’s certification, as specified in Sections 66270.15 and 66270.16 of Title 22 of the California Code of Regulations.
(G) Documentation of compliance, if applicable, with the requirements of Article 8.7 (commencing with Section 25199).
(3) Require that a hazardous waste  facility operating pursuant to a standardized permit comply with the liability assurance requirements in Section 25200.1.
(4) Specify which of the remaining elements of the standardized  permit application, as described in subdivision (b) of Section 66270.14 of Title 22 of the California Code of Regulations, shall be the subject of a certification of compliance by the applicant.
(5) Establish a procedure for imposing an administrative penalty pursuant to Section 25187, in addition to any other penalties provided by this chapter, upon an owner or operator of a treatment or storage facility that is required to obtain a standardized  hazardous waste facilities  permit and that meets the criteria for a Series A, B, or C standardized  permit listed in subdivision (a), who does not submit a standardized permit notification to the department on or before the submittal deadline specified in paragraph (1) or the submittal deadline specified in paragraph (2) or (3) of subdivision (g), whichever date is applicable, and who continues to operate the hazardous waste  facility without obtaining a standardized  hazardous waste facilities  permit or other grant of authorization from the department after the applicable deadline for submitting the standardized permit  notification to the department. In determining the amount of the administrative penalty to be assessed, the regulations shall require the amount to be based upon the economic benefit gained by that owner or operator as a result of failing to comply with this section.
(6) Require that a hazardous waste  facility operating pursuant to a standardized permit comply, at a minimum, with the interim status facility operating requirements specified in the regulations adopted by the department, except that the regulations adopted pursuant to this section may specify financial assurance amounts necessary to adequately respond to damage claims at levels that are less than those required for interim status facilities if the department determines that lower financial assurance levels are appropriate.
(d) (1) Any regulations adopted pursuant to this section may be adopted as 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.
(2) On and before January 1, 1995, the adoption of the regulations pursuant to paragraph (1) is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare.
(e) The department shall not grant a standardized  permit under this section unless the department has determined the adequacy of the material submitted with the application and has conducted an inspection of the hazardous waste  facility and determined all of the following:
(1) The treatment process is an effective method of treating the hazardous  waste, as described in the permit application.
(2) The corrective action plan is appropriate for the hazardous waste  facility.
(3) The financial assurances are assurance is  sufficient for the hazardous waste  facility.
(f) (1) Interim status shall not be granted to a hazardous waste  facility that does not submit a standardized permit notification on or before October 1, 1993, unless the hazardous waste  facility is subject to paragraph (2) or (3) of subdivision (g).
(2) Interim status shall be revoked if the standardized  permit application is not submitted within six months of the standardized  permit notification.
(3) Interim status granted to any hazardous waste  facility pursuant to this section and Sections 25200.5 and 25200.9 shall terminate upon a final permit determination or January 1, 1998, whichever date is earlier. This paragraph shall apply retroactively to hazardous waste  facilities for which a final permit determination is made on or after September 30, 1995.
(4) A treatment, storage, or treatment and storage facility operating pursuant to interim status that applies for a standardized  permit pursuant to this section shall pay fees to the department in an amount equal to the fees established by subdivision (e) of Section 25205.4 until July 1, 2022, and subdivision (f) of Section 25205.2 on and after July 1, 2022,  for the same size and type of facility.
(g) (1) Except as provided in paragraphs (2), (3), and (4), a facility treating used oil or solvents, or that engages in incineration, thermal destruction, or any land disposal activity, is not eligible for a standardized permit pursuant to this section.
(2) (A) Notwithstanding paragraph (1), an offsite facility treating solvents is eligible for a standardized permit pursuant to this section if all of the following conditions are met:
(i) The facility exclusively treats solvent wastes, and is not required to obtain a permit pursuant to the federal act.
(ii) The solvent wastes that the facility treats are only the types of solvents generated from dry cleaning operations.
(iii) Ninety percent or more of the solvents that the facility receives are from dry cleaning operations.
(iv) Ninety percent or more of the solvents that the facility receives are recycled and sold by the facility, excluding recycling for energy recovery, if  provided that  the facility does not produce more than 15,000 gallons per month of recycled solvents.
(B) A facility treating solvents pursuant to this paragraph shall clearly label all recycled solvents as recycled prior to subsequent sale or distribution.
(C) Notwithstanding that a facility eligible for a standardized permit pursuant to this paragraph meets the eligibility requirements for a Series C standardized permit specified in paragraph (3) of subdivision (a), the facility shall obtain and meet the requirements for a Series B standardized permit specified in paragraph (2) of subdivision (a).
(D) Notwithstanding any other provision of this chapter, for purposes of this paragraph, if the recycled material is to be used for dry cleaning, “recycled” means the removal of water and inhibitors from waste solvent and the production of dry cleaning solvent with an appropriate inhibitor for dry cleaning use. The removal of inhibitors is not required if all of the solvents received by the facility that are recycled for dry cleaning use are from dry cleaners.
(3) Notwithstanding paragraph (1), an owner or operator with a surface impoundment used only to contain non-RCRA wastes generated onsite, that holds those wastes for not more than one 30-day period in any calendar year, and that meets the criteria specified in subparagraphs (A) to (C), inclusive, may submit a Series C standardized permit application to the department. A surface impoundment is eligible for operation under the Series C standardized permit tier if all of the following requirements are met:
(A) The waste and any residual materials are removed from the surface impoundment within 30 days of the date the waste was first placed into the surface impoundment.
(B) The owner or operator has, and is in compliance with, current waste discharge requirements issued by the appropriate regional water quality control board for the surface impoundment.
(C) The owner or operator complies with all applicable groundwater monitoring requirements of the regulations adopted by the department pursuant to this chapter.
(4) For purposes of this subdivision, treating solvents and thermal destruction do not include the destruction of nonmetal constituents in a thermal treatment unit that is operated solely to recover  for the purpose of the recovery of  precious metals, if that unit is operating pursuant to a standardized permit issued by the department and the unit is in compliance with the applicable requirements of Division 26 (commencing with Section 39000). This paragraph does not prohibit the department from specifying, in the standardized permit for such a unit, a maximum concentration of nonmetal constituents, if the department determines that this requirement is necessary for protection of human health or safety or the environment.
(h) Facilities operating pursuant to this section shall comply with Article 4 (commencing with Section 66270.40) of Chapter 20 of Division 4.5 of Title 22 of the California Code of Regulations.
(i) (1) If before the end of a standardized permit’s fixed term, a  When a  Part A and Part B application for the renewal of an existing standardized permit has been deemed complete, as specified in paragraph (4), a signed written cost reimbursement agreement and the 25-percent advance payment required pursuant to Section 25205.7, if applicable, have been submitted to and received by the department, and any other information requested by the department  hazardous waste facilities permit, and any other requested information,  has been submitted to and received by the department, the standardized permit shall be  before the deadlines established in paragraphs (2) and (3), the permit is  deemed extended until either of the following: the renewal application is approved and the new hazardous waste facilities permit is effective or the application for the renewal of an existing hazardous waste facilities permit has been denied and all parties have exhausted all applicable rights of appeal. 
(A) The department approves the standardized permit renewal application and the new standardized permit is effective.
(B) The department denies the standardized permit renewal application and all parties have exhausted all applicable rights of appeal.
(2) (A) For  An owner or operator of a hazardous waste   a  facility with a standardized permit that expires before January 1, 2025, seeking to renew the standardized permit  2024, to file a renewal, the owner or operator  shall submit a Part A and Part B application to the department  for the renewal of an existing hazardous waste facilities permit  at least 180 days before the end of the standardized permit’s fixed term. expiration date of the permit. The department shall post on its internet website the estimated date for a permit decision for all permits subject to this subparagraph and shall update this information at least monthly. The department shall issue a permit decision on a permit meeting this criteria within three years of the enactment of this section or within three years of the permit expiration date, whichever is later. 
(B) The department shall post on its internet website, and update on at least a monthly basis, the estimated date for a permit decision for all standardized permits subject to this paragraph.
(C) The department shall issue a decision on a standardized permit renewal application for a hazardous waste facility subject to this paragraph within three years of the effective date of this section or within three years after the standardized permit’s fixed term, whichever is later.
(3) (A) For  An owner or operator of a hazardous waste   a  facility with a standardized permit that expires on or after January 1, 2025, seeking to renew the standardized permit  2024, to file a renewal, the owner or operator  shall submit a Part A and Part B application at least two years before the end of the standardized permit’s fixed term. expiration date of the permit. The department shall issue a decision on a permit meeting this criteria no later than one year after the expiration date of the permit. 
(B) The department shall post on its internet website, and update on at least a monthly basis, the estimated date for a permit decision for all standardized permits subject to this paragraph.
(C) The department shall issue a decision on a standardized permit subject to this paragraph no later than one year after the end of the standardized permit’s fixed term.
(4) For purposes of this subdivision, the department shall consider  an application for the renewal of an existing standardized permit shall to  be deemed administratively  complete when the department has notified the applicant in writing that the application is complete  after the department receives a timely application that includes all of the sections and elements that are necessary to make a permit decision  in accordance with subdivision (c) of Section 66271.2 of Title 22 of the California Code of Regulations.
(j) (1) The department shall require an owner or operator of a hazardous waste facility  applying for a standardized permit to complete and file a phase I environmental assessment with the standardized permit  application. However, if a RCRA facility assessment has been performed by the department, the assessment shall be deemed to satisfy the requirement of this subdivision to complete and file a phase I environmental assessment, and the hazardous waste  facility shall not be required to submit a phase I environmental assessment with its standardized permit  application.
(2) (A) For purposes of this subdivision, the phase I environmental assessment shall include a preliminary site assessment, as described in subdivision (a) of Section 25200.14, except that the phase I environmental assessment shall also include a certification, signed, except as provided in subparagraph (B), by the owner, and also by the operator if the operator is not the owner, of the hazardous waste  facility and an independent professional engineer or geologist registered in the state, or an  environmental assessor.
(B) Notwithstanding subparagraph (A), the certification for a permanent household waste collection facility may be signed by any professional engineer or geologist registered in the state, or environmental assessor, including, but not limited to, one  such a person  employed by a the  governmental entity, but if the household waste collection  facility owner is not a governmental entity, the professional  engineer, geologist, or environmental  assessor signing the certification shall not be employed by, or be an agent of, the household waste collection  facility owner.
(3) The certification specified in paragraph (2) shall state whether evidence of a release of hazardous waste or hazardous constituents has been found.
(4) If evidence of a release has been found, the hazardous waste  facility shall complete a detailed site assessment to determine the nature and extent of any contamination resulting from the release and shall submit a corrective action plan to the department, within one year of submittal of the standardized permit application.
(k) The department shall establish an inspection program to identify, inspect, and bring into compliance any treatment, storage, or treatment and storage facility that is eligible for, and is required to obtain, a standardized hazardous waste facilities  permit pursuant to this section, and that is operating without a standardized  permit or other grant of authorization from the department for that treatment or storage activity.
( (l) 
l
)  A treatment, storage, or treatment and storage facility authorized to operate pursuant to a hazardous waste facilities permit issued pursuant to Section 25200, that meets the criteria listed in subdivision (a) for a standardized permit, may operate pursuant to a Series A, B, or C standardized permit by completing the appropriate permit modification procedure specified in the regulations for such a modification.

SEC. 28.

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

25205.
 (a) Except as provided in Section 25245.4, the department shall not issue or renew a permit to operate a hazardous waste facility pursuant to Section 25200 or 25201.6  unless the owner or operator of the facility establishes and maintains the financial assurances required pursuant to Article 12 (commencing with Section 25245), including, but not limited to, financial assurances for the costs of corrective action, closure, and postclosure.
(b) The grant of interim status of a facility, or any portion of the a  facility, 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) (1)  The department shall review, at least once every five years, the financial assurances required to operate a permitted  hazardous waste facility and the cost estimates used to establish the amount of the financial assurances required. The department may, in its discretion,  required, and may  revise the financial assurances and the cost estimates more often.  often, at the department’s discretion. 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, underestimated potential costs, the department shall notify the owner or operator of the facility of that finding. Within 30 days of that notification, the owner or operator shall provide an updated cost estimate for the financial assurances. Within 60 days of the department’s approval of the revised cost estimate, the owner or operator shall establish financial assurance mechanisms for the approved revised cost estimate amounts. 
(2) If, as a result of its review pursuant to paragraph (1), the department finds that the cost estimates forming the basis for the financial assurances for a permitted hazardous waste facility are inadequate for any reason, including, but not limited to, underestimated potential costs, the department shall notify the owner or operator of the permitted hazardous waste facility in writing of that finding.
(3) Within 90 days of the notification by the department pursuant to paragraph (2), the owner or operator of the permitted hazardous waste facility shall provide to the department for review and approval an updated cost estimate for the financial assurances and a request to adjust the financial assurance amount to incorporate the new cost estimate.
(4) Within 60 days of the department’s approval of the revised cost estimate submitted pursuant to paragraph (3), the owner or operator of the permitted hazardous waste facility shall establish financial assurance mechanisms for the approved revised cost estimate amounts.

SEC. 29.

 Section 25205.2 of the Health and Safety Code is amended to read:

25205.2.
 (a) (1)  Except as provided in subdivisions (h) and (k), and in accordance with Section 43152.6 of the Revenue and Taxation Code, the  the  operator of a facility shall pay a facility fee for each reporting period, or any portion of a reporting period, to the California Department of Tax and Fee Administration based on the size and type of the facility, as specified in this section. The fee rate shall be the rate established for the fiscal year in which the payment is due.  subdivision (b).  On or before October 1 January 31  of each calendar year, the department annually  shall notify the California Department of Tax and Fee Administration of all known facility operators by facility type and size. The department shall also notify the California Department of Tax and Fee Administration of any operator who is issued a permit or grant of interim status within 30 days from the date that a permit or grant of interim status is issued to the operator. The fee specified in this section does not apply to facilities exempted pursuant to Section 25205.12. 
(2) For the 2022–23 fiscal year, the fee rates established in this section shall apply. Commencing July 1, 2023, the fee rates established pursuant to Section 25205.2.1 shall apply.
(b) (1) The base rate for the 2021 reporting period for the  fee imposed by this section is ninety-four seventy-one  thousand nine two  hundred ten fifty  dollars ($94,910). ($71,250). 
(2) Except as provided in subdivision (c), in computing the facility fees, all of the following shall apply:
(A) The fee to be paid by a ministorage facility shall equal 25 percent of the base facility rate.
(B) The fee to be paid by a small storage facility shall equal the base facility rate.
(C) The fee to be paid by a large storage facility shall equal twice the base facility rate.
(D) The fee to be paid by a minitreatment facility shall equal 50 percent of the base facility rate.
(E) The fee to be paid by a small treatment facility shall equal twice the base facility rate.
(F) The fee to be paid by a large onsite treatment facility shall equal three times the base facility rate.
(G) The fee to be paid by a large offsite treatment facility shall be three times the base facility rate.
(H) The fee to be paid by a disposal facility shall equal 10 times the base facility rate.
(c) The fee to be paid by a facility with a postclosure permit during the first five years of the postclosure period shall be:
(1) Twenty-six Twenty-one  thousand nine three  hundred eighty  dollars ($26,980) ($21,300)  annually for a small facility.
(2) Fifty-three Forty-two  thousand nine six  hundred sixty  dollars ($53,960) ($42,600)  annually for a medium facility.
(3) Eighty thousand nine hundred forty dollars ($80,940) Sixty-two thousand dollars ($62,000)  annually for a large facility.
(d) The fee to be paid by a facility with a postclosure permit after the first five years of the postclosure care period shall be:
(1) Fourteen Eleven  thousand three hundred seventy-five fifty  dollars ($14,375) ($11,350)  annually for a small facility.
(2) Twenty-eight Twenty-two  thousand seven hundred fifty  dollars ($28,750) ($22,700)  annually for a medium facility.
(3) Forty-eight Thirty-eight  thousand five three  hundred fifty twenty  dollars ($48,550) ($38,320)  annually for a large facility.
(e) If a facility falls into more than one category listed in either subdivision (b) or (d), or any combination of categories, or if  multiple operations under a single hazardous waste facilities permit or grant of interim status fall into more than one category listed in subdivision (b) or (d), or any combination of categories, the facility operator shall pay only the rate for the facility category that is the highest rate.
(f) Notwithstanding subdivision (b), the fee for a facility that has been issued a standardized permit shall be as follows:
(1) The fee to be paid for a facility that has been issued a Series A standardized permit shall be fifty-five forty-three  thousand two six  hundred eighty forty  dollars ($55,280). ($43,640). 
(2) The fee to be paid for a facility that has been issued a Series B standardized permit shall be twenty-five twenty  thousand nine four  hundred ten fifty  dollars ($25,910). ($20,450). 
(3) Except as specified in paragraph (4), the fee to be paid for a facility that has been issued a Series C standardized permit shall be twenty-one seventeen  thousand seven one  hundred sixty seventy-five  dollars ($21,760). ($17,175). 
(4) The fee for a facility that has been issued a Series C standardized permit is ten eight  thousand eight five  hundred eighty ninety  dollars ($10,880) ($8,590)  if the facility meets all of the following conditions:
(A) The facility treats not more than 1,500 gallons of liquid hazardous waste and not more than 3,000 pounds of solid hazardous waste in any calendar month.
(B) The total facility storage capacity does not exceed 15,000 gallons of liquid hazardous waste and 30,000 pounds of solid hazardous waste.
(C) If the facility both treats and stores hazardous waste, the facility does not exceed the volume limitations specified in subparagraphs (A) and (B) for each individual activity.
(g) The California Department of Tax and Fee Administration shall deposit all fees collected pursuant to this section into the Hazardous Waste Facilities Account in the Hazardous Waste Control Account. The fees so deposited may be expended by the department, upon appropriation by the Legislature, for the purposes specified in Section 25174.01.
(h) Notwithstanding subdivision (a), a person who is issued a variance by the department from the requirement of obtaining a hazardous waste facilities permit or grant of interim status is not subject to the fee, for any reporting period following the reporting period in which the variance was granted by the department.
(i) Operators subject to facility fee liability pursuant to this section shall pay the following amounts:
(1) The operator shall pay the applicable facility fee for each reporting period in which the facility actually engaged in the treatment, storage, or disposal of hazardous waste.
(2) The operator shall pay the applicable facility fee for one additional reporting period immediately following the final reporting period in which the facility actually engaged in that treatment or storage. The facility’s size for that additional reporting period shall be deemed to be the largest size at which the facility has ever been subject to the fee. If the department previously approved a unit or portion of the facility for a variance, closure, or permit-by-rule, the facility’s size for that reporting period shall be deemed to be its largest size since the department granted the approval.
(3) The operator of a disposal facility shall pay twice the applicable facility fee for one additional reporting period immediately following the final reporting period in which the facility actually engaged in disposal of hazardous waste.
(4) A facility shall not be deemed to have stopped treating, storing, or disposing of hazardous waste unless it has actually ceased that activity and has notified the department of its intent to close.
(j) (1) Except as provided in Section 25404.5, the owner or operator of a facility or transportable treatment unit operating pursuant to a permit-by-rule shall pay a fee to the California Department of Tax and Fee Administration per facility or transportable treatment unit for each reporting period, or portion of a reporting period. The fee for the 2022 2021  reporting period shall be four three  thousand six five  hundred seventy  dollars ($4,600). ($3,570).  The reporting period shall begin January 1 of each calendar year. On or before January 31 of each calendar year, the department shall notify the California Department of Tax and Fee Administration of all known owners or operators operating pursuant to a permit-by-rule who are not exempted from this fee pursuant to Section 25404.5. The department shall also notify the California Department of Tax and Fee Administration of any owner or operator authorized to operate pursuant to a permit-by-rule, who is not exempted from this fee pursuant to Section 25404.5, within 60 days after the owner or operator is authorized.
(2) Except as provided in Section 25404.5, a generator operating under a grant of conditional authorization pursuant to Section 25200.3 shall pay a fee to the California Department of Tax and Fee Administration per facility for each reporting period, or portion of a reporting period, unless the generator is subject to a fee under a permit-by-rule. The fee for the 2022 2021  reporting period shall be four three  thousand six five  hundred seventy  dollars ($4,600). ($3,570).  The reporting period shall begin January 1 of each calendar year. On or before January 31 of each calendar year, the department shall notify the California Department of Tax and Fee Administration of all known generators operating pursuant to a grant of conditional authorization under Section 25200.3 who are not exempted from this fee pursuant to Section 25404.5. The department shall also notify the California Department of Tax and Fee Administration of any generator authorized to operate under a grant of conditional authorization, who is not exempted from this fee pursuant to Section 25404.5, within 60 days of the receipt of notification.
(3) Except as provided in Section 25404.5, the fee for  a generator performing treatment conditionally exempted pursuant to Section 25144.6 or subdivision (a) or (c) of Section 25201.5 for the 2022 reporting period shall be one hundred eighty dollars ($180) shall pay one hundred forty-one dollars ($141)  to the California Department of Tax and Fee Administration per facility for each reporting period, unless that generator is subject to a fee under a permit-by-rule or a conditional authorization pursuant to Section 25200.3. The reporting period shall begin January 1 of each calendar year. On or before January 31 of each calendar year, the department shall notify the California Department of Tax and Fee Administration of all known facilities performing treatment conditionally exempted by Section 25144.6 or subdivision (a) or (c) of Section 25201.5 who are not exempted from this fee pursuant to Section 25404.5. The department shall also notify the California Department of Tax and Fee Administration of any generator who notifies the department that the generator is conducting a conditionally exempt treatment operation, and who is not exempted from this fee pursuant to Section 25404.5, within 60 days of the receipt of the notification.
(k) A treatment facility is not subject to the facility fee established pursuant to this section, if the facility engages in treatment exclusively to accomplish a removal or remedial action or a corrective action in accordance with an order issued by the United States Environmental Protection Agency pursuant to the federal act or in accordance with an order issued by the department pursuant to Section 25187, or if the removal or remedial action is carried out pursuant to a removal action work plan or a remedial action plan prepared pursuant to Section 25356.1 and is authorized to operate pursuant to Section 25358.9, if the facility was put in operation solely for purposes of complying with that order. The department shall instead assess a fee for that facility for the actual time spent by the department for the inspection and oversight of that facility. The department shall base the fee on the department’s work standards and shall assess the fee on an hourly basis.
( (l) 
l
)  The fee imposed pursuant to this section shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(m) The fee rate established in this section shall be adjusted by the California Department of Tax and Fee Administration to reflect increases or decreases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or by a successor agency.
(m) (n)  This section shall become operative on July 1, 2022, and shall  apply to the annual facility fees due for the 2022–23 fiscal year, and each fiscal year thereafter. 2021 reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable by February 28 of the year following the reporting period. 

SEC. 30.

 Section 25205.3 of the Health and Safety Code is repealed.

25205.3.
 The following facilities are exempt from the fees imposed by this article:
(a) A household hazardous waste collection facility operated pursuant to Article 10.8 (commencing with Section 25218).
(b) A facility operated by a local government agency, or by any person operating a hazardous waste collection program under an agreement with a public agency, that is used for wastes that meet the requirements of paragraph (3) of subdivision (a) of Section 25174.7.
(c) That portion of a solid waste facility permitted pursuant to Chapter 3 (commencing with Section 44001) of Part 4 of Division 30 of the Public Resources Code, that is used for the segregation, handling, and storage of hazardous waste separated from solid waste loads received by the facility, pursuant to a load checking program.
(d) A facility used solely for the treatment, storage, disposal, or recycling of hazardous waste that results when a public agency or its contractor investigates, removes, or remedies a release of hazardous waste caused by another person.
(e) (1) For purposes of fees assessed in any reporting period beginning July 1, 1990, or subsequently, a facility that has been issued a permit for the purpose of storing hazardous waste onsite, and whose permit has expired, if all of the following has occurred:
(A) The facility has received no waste from offsite since the permit expired.
(B) The owner or operator gave the department timely notification of intent to close the facility, pursuant to regulations adopted by the department.
(C) At least 90 days have elapsed since the owner or operator gave the department that notification.
(D) The department did not complete its review of the closure plan within 90 days of receiving the notification.
(2) This exclusion shall take effect the reporting period following the reporting period in which the facility first satisfied the requirements of paragraph (1) and did not accumulate waste onsite for more than 90 consecutive days.
(f) This section applies only to fees due for the 2021 and earlier reporting periods.
(g) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.

SEC. 31.

 Section 25205.4 of the Health and Safety Code is repealed.

25205.4.
 (a) The base rate for the 2021 reporting period for the facility fee imposed by Section 25205.2 is thirty-five thousand nine hundred forty-three dollars ($35,943).
(b) The determination of the facility fee pursuant to this section, including the redetermination of the base rate, is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) Except as provided in subdivision (e), in computing the facility fees, all of the following shall apply:
(1) The fee to be paid by a ministorage facility shall equal 25 percent of the base facility rate.
(2) The fee to be paid by a small storage facility shall equal the base facility rate.
(3) The fee to be paid by a large storage facility shall equal twice the base facility rate.
(4) The fee to be paid by a minitreatment facility shall equal 50 percent of the base facility rate.
(5) The fee to be paid by a small treatment facility shall equal twice the base facility rate.
(6) The fee to be paid by a large onsite treatment facility shall equal three times the base facility rate.
(7) The fee to be paid by a large offsite treatment facility shall equal three times the base facility rate.
(8) The fee to be paid by a disposal facility shall equal 10 times the base facility rate.
(9) (A) The fee to be paid by a facility with a postclosure permit shall be five thousand seven hundred twenty-five dollars ($5,725) annually for a small facility, eleven thousand four hundred fifty dollars ($11,450) annually for a medium facility, and seventeen thousand one hundred seventy-five dollars ($17,175) for a large facility during the first five years of the postclosure period. The fee to be paid by a facility with a postclosure permit during the remaining years of the postclosure care period shall be three thousand fifty dollars ($3,050) annually for a small facility, six thousand one hundred dollars ($6,100) annually for a medium facility, and ten thousand three hundred dollars ($10,300) annually for a large facility.
(B) The fees required by subparagraph (A) shall be reduced by 50 percent for any facility for which an agency, other than the department, is the lead agency pursuant to paragraph (1) of subdivision (b) of Section 25204.6.
(d) If a facility falls into more than one category listed in either subdivision (c) or (e), or any combination of categories, or if multiple operations under a single hazardous waste facilities permit or grant of interim status fall into more than one category listed in subdivision (c) or (e), or any combination of categories, the facility operator shall pay only the rate for the facility category that is the highest rate.
(e) Notwithstanding subdivision (c), the facility fee for a facility that has been issued a standardized permit shall be as follows:
(1) The fee to be paid for a facility that has been issued a Series A standardized permit shall be eleven thousand seven hundred thirty dollars ($11,730).
(2) The fee to be paid for a facility that has been issued a Series B standardized permit shall be five thousand four hundred ninety-seven dollars ($5,497).
(3) Except as specified in paragraph (4), the fee to be paid for a facility that has been issued a Series C standardized permit shall be four thousand six hundred seventeen dollars ($4,617).
(4) The fee for a facility that has been issued a Series C standardized permit is two thousand three hundred eight dollars ($2,308) if the facility meets all of the following conditions:
(A) The facility treats not more than 1,500 gallons of liquid hazardous waste and not more than 3,000 pounds of solid hazardous waste in any calendar month.
(B) The total facility storage capacity does not exceed 15,000 gallons of liquid hazardous waste and 30,000 pounds of solid hazardous waste.
(C) If the facility both treats and stores hazardous waste, the facility does not exceed the volume limitations specified in subparagraphs (A) and (B) for each individual activity.
(f) The fee imposed pursuant to this section shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(g) This section applies only to fees due for the 2021 reporting period and the prepayment due for the 2022 reporting period.
(h) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.

SEC. 32.

 Section 25205.5 of the Health and Safety Code is amended to read:

25205.5.
 (a) In (1)   addition to the fee imposed pursuant to Section 25174.1, every  Except as otherwise provided in this section, a  generator of hazardous waste, in the amounts specified in subdivision (c), shall pay  waste shall pay to  the California Department of Tax and Fee Administration a generator fee  for each generator site for each calendar year, or portion of a the  calendar year, unless the generator has paid a facility fee or received a credit, as specified in Section 25205.2, for each specific site, for the calendar year for which the generator fee is due. a generation and handling fee of thirty-five dollars and fifty cents ($35.50) for each ton or fraction of a ton of hazardous waste generated. 
(b) The base fee rate for the fee imposed pursuant to subdivision (a) is five thousand dollars ($5,000).
(c) (1) Each generator who generates an amount equal to, or more than, five tons, but less than 25 tons, of hazardous waste during the prior calendar year shall pay 5 percent of the base rate.
(2) Each generator who generates an amount equal to, or more than, 25 tons, but less than 50 tons,  For purposes of calculating the amount of the fee imposed pursuant to paragraph (1), a generator of hazardous waste that is issued a hazardous waste facilities permit from the department and that pays the annual facility fee, as specified in Section 25205.2, may deduct, from the amount  of hazardous waste during the prior calendar year shall pay 40 percent of the base rate. otherwise subject to this subdivision that is generated per calendar year, the amount of hazardous waste that is stored, bulked, or transferred solely through the location of the permitted hazardous waste facility and that is in route to another facility that is authorized to do any of the following: 
(3) Each generator who generates an amount equal to, or more than, 50 tons, but less than 250 tons, of hazardous waste during the prior calendar year shall pay the base rate.
(4) Each generator who generates an amount equal to, or more than, 250 tons, but less than 500 tons, of hazardous waste during the prior calendar year shall pay five times the base rate.
(5) (A)  Each generator who generates an amount equal to, or more than, 500 tons, but less than 1,000 tons, of hazardous waste during the prior calendar year shall pay 10 times the base rate. Manage the hazardous waste for reclamation and recovery, including fuel blending before energy recovery at another site. 
(6) (B)  Each generator who generates an amount equal to, or more than, 1,000 tons, but less than 2,000 tons, of hazardous waste during the prior calendar year shall pay 15 times the base rate. Manage the hazardous waste through destruction methods or treatment before disposal at another site. 
(C) Manage the hazardous waste by any form of treatment.
(D) Dispose of the hazardous waste.
(7) (b)  Each generator who generates an amount equal to, or more than, 2,000 Generators of more than five  tons of hazardous waste during in  the prior calendar year shall pay 20 times the base rate. are subject to the prepayment due during each reporting period and the final reconciliation fee due and payable by February 28 of the year following each reporting period. 
(d) The base rate established pursuant to subdivision (b) is the base rate for the 2021 calendar year.
(e) The establishment of the annual generator fee pursuant to this section is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(f) (c)  The following materials are not hazardous wastes for purposes of this section:
(1) Hazardous materials that are recycled, and used onsite, and are not transferred offsite.
(2) Aqueous waste treated in a treatment unit operating, or which that  subsequently operates, pursuant to a permit-by-rule, or pursuant to Section 25200.3 or 25201.5. However, hazardous waste generated by a treatment unit treating waste pursuant to a permit-by-rule, by a unit which that  subsequently obtains a permit-by-rule, or other authorization pursuant to Section 25200.3 or 25201.5 is hazardous waste for purposes of this section.
(g) (d)  The fee imposed pursuant to this section shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(h) (1) A generator who pays a hazardous waste generator inspection fee to a certified unified program agency that is imposed as part of a single fee system and fee accountability program that are both in compliance with the requirements of Section 25404.5 shall be eligible for a refund of all, or part of, the generator fee paid pursuant to subdivision (a) if both of the following conditions apply:
(A) The generator received a credit pursuant to Section 43152.7 or 43152.11 of the Revenue and Taxation Code for fees paid for hazardous waste generated in 1996.
(B) The department certifies, pursuant to subdivision (b) of Section 25205.9, that funds are available to pay all or part of the refund.
(2) A generator who is eligible for a refund pursuant to paragraph (1) shall submit an application for that refund to the California Department of Tax and Fee Administration by September 30 following the fiscal year during which the generator paid the generator fee pursuant to subdivision (a). An application for a refund postmarked after September 30 is void, shall not be processed by the California Department of Tax and Fee Administration, and shall be returned to the applicant.
(i) (1) A generator who transfers hazardous materials to an offsite facility for recycling at that offsite facility or another offsite facility shall be eligible for a refund of all, or part of, the generator fee paid pursuant to subdivision (a) if all of the following conditions apply:
(A) The offsite facility to which the hazardous materials are manifested pays a facility fee pursuant to Section 25205.2.
(B) The amount of hazardous materials transferred to the offsite facility and recycled there, when deducted from the total tonnage of hazardous waste generated at the generator’s site, results in the generator becoming eligible for a generator fee that is lower than the fee paid pursuant to subdivision (a).
(C) The hazardous materials transferred to the offsite facility are not burned in a boiler, industrial furnace, or an incinerator, as those terms are defined in Section 260.10 of Title 40 of the Code of Federal Regulations, used in a manner constituting disposal, or used to produce products that are applied to land.
(D) The department certifies, pursuant to subdivision (b) of Section 25205.9, that funds are available to pay all or part of the refund.
(2) (e)  A generator who is eligible for a refund pursuant to paragraph (1) shall submit an application for that refund to  The fee rate established in this section shall be adjusted by  the California Department of Tax and Fee Administration by September 30 following the fiscal year during which the generator paid the generator fee pursuant to subdivision (a). An application for a refund postmarked after September 30 is void, shall not be processed by the California Department of Tax and Fee Administration, and shall be returned to the applicant. to reflect increases in the cost of living during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or by a successor agency. 
(j) (1) The amendment of this section made by Chapter 1125 of the Statutes of 1991 does not constitute a change in, but is declaratory of, existing law.
(2) The amendment of subdivision (a) of this section made by Chapter 259 of the Statutes of 1996 does not constitute a change in, but is declaratory of, existing law.
(k) (f)  This section applies only to fees  shall apply to the annual generation and handling fees imposed pursuant to subdivision (a)  due for the 2021 reporting period,  period and thereafter,  including the prepayments due during each the  reporting period and the fee due and payable by February 28 of the year following each the  reporting period.
(l) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 33.

 Section 25205.5.01 is added to the Health and Safety Code, to read:

25205.5.01.
 (a) It is the intent of the Legislature that the one-time funding increases described in subdivisions (b) and (c) be available to the department to complete the work necessary to prepare the hazardous waste management plan pursuant to Section 25135.9.
(b) For the 2021 reporting period only, an additional one thousand five hundred dollars ($1,500) shall be added to the base rate specified in subdivision (b) of Section 25205.2.
(c) An additional seventy-five cents ($0.75) shall be added to the fee in subdivision (a) of Section 25205.5 for wastes generated in 2021.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 34.

 Section 25205.5.1 of the Health and Safety Code is amended to read:

25205.5.1.
 Notwithstanding Section 25205.5, the department may adopt regulations exempting victims of disasters from the generation and handling fee imposed pursuant to Section 25205.5. The regulations may allow that exemption if all of the following apply:
(a)   The hazardous waste is generated in a geographical area identified in a state of emergency proclamation by the Governor pursuant to Section 8625 of the Government Code because of fire, flood, storm, earthquake, riot, or civil unrest.
(b)   The hazardous waste is generated when property owned or controlled by the victim is damaged or destroyed as a result of the disaster.
(c)   The hazardous waste is not hazardous waste that is routinely produced as part of a manufacturing or commercial business or that is managed by a hazardous waste facility or a facility operated by a generator of hazardous waste who files a hazardous waste notification statement with the department pursuant to subdivision (a) of Section 25158.
(d)   The victim meets any other condition or limitation on eligibility specified by the department.
(e) This section shall become operative on January 1, 2022, and shall  apply to the fees due for the 2022 2021  reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable following the reporting period.

SEC. 35.

 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) (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 owned or 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) 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 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) A variance issued to a public agency to transport wastes for purposes of operating a household hazardous waste collection facility or to transport waste from a household hazardous waste collection facility, which facility that  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) 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 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 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.

SEC. 36.

 Section 25205.9 of the Health and Safety Code is repealed.

SEC. 37.

 Section 25205.12 of the Health and Safety Code is amended to read:

25205.12.
 (a)  The owner of a hazardous waste facility authorized to operate pursuant to a permit-by-rule, authorized under a grant of conditional authorization pursuant to Section 25200.3, exempted pursuant to subdivision (a) or (c) of Section 25201.5, or exempted pursuant to Section 25144.6 is exempt from the facility fee specified in Section 25205.2 for any activities authorized by the permit-by-rule, under a grant of conditional authorization pursuant to Section 25200.3, exempted pursuant to subdivision (a) or (c) of Section 25201.5, or exempted pursuant to Section 25144.6 at that facility for any year or reporting period during which the facility is operating.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 38.

 Section 25205.14 of the Health and Safety Code is repealed.

25205.14.
 (a) Except as provided in Section 25404.5, the owner or operator of a facility or transportable treatment unit operating pursuant to a permit-by-rule shall pay a fee to the California Department of Tax and Fee Administration per facility or transportable treatment unit for each reporting period, or portion of a reporting period. The fee for the 1997 reporting period shall be nine hundred fifty-eight dollars ($958). Until July 1, 1998, the owner or operator of a facility or transportable treatment unit operating pursuant to a permit-by-rule shall also pay a fee in the amount of 50 percent of the fee specified in this subdivision for each modification of the notification required by Sections 67450.2 and 67450.3 of Title 22 of the California Code of Regulations, as those sections read on January 1, 1995, or as those sections may subsequently be amended. Thereafter, the fee shall be adjusted annually by the California Department of Tax and Fee Administration to reflect increases and decreases in the cost of living, as measured by the Consumer Price Index issued by the Department of Industrial Relations or a successor agency. The reporting period shall begin January 1 of each calendar year. On or before January 31 of each calendar year, the department shall notify the California Department of Tax and Fee Administration of all known owners or operators operating pursuant to a permit-by-rule who are not exempted from this fee pursuant to Section 25404.5. The department shall also notify the California Department of Tax and Fee Administration of any owner or operator authorized to operate pursuant to a permit-by-rule, who is not exempted from this fee pursuant to Section 25404.5, within 60 days after the owner or operator is authorized.
(b) Except as provided in Section 25404.5, a generator operating under a grant of conditional authorization pursuant to Section 25200.3 shall pay a fee to the California Department of Tax and Fee Administration per facility for each reporting period, or portion of a reporting period, unless the generator is subject to a fee under a permit-by-rule. The fee for the 1997 reporting period shall be nine hundred fifty-eight dollars ($958). Thereafter, the fee shall be adjusted annually by the California Department of Tax and Fee Administration to reflect increases and decreases in the cost of living, during the prior fiscal year, as measured by the Consumer Price Index issued by the Department of Industrial Relations or a successor agency. The reporting period shall begin January 1 of each calendar year. On or before January 31 of each calendar year, the department shall notify the California Department of Tax and Fee Administration of all known generators operating pursuant to a grant of conditional authorization under Section 25200.3 who are not exempted from this fee pursuant to Section 25404.5. The department shall also notify the California Department of Tax and Fee Administration of any generator authorized to operate under a grant of conditional authorization, who is not exempted from this fee pursuant to Section 25404.5, within 60 days of the receipt of notification.
(c) Except as provided in Section 25404.5, a generator performing treatment conditionally exempted pursuant to Section 25144.6 or subdivision (a) or (c) of Section 25201.5 shall pay thirty-eight dollars ($38) to the California Department of Tax and Fee Administration per facility for each reporting period, unless that generator is subject to a fee under a permit-by-rule or a conditional authorization pursuant to Section 25200.3. Until July 1, 1998, a generator performing treatment conditionally exempted pursuant to Section 25144.6 or subdivision (a) or (c) of Section 25201.5 shall pay one hundred dollars ($100) to the California Department of Tax and Fee Administration per facility for the initial operating period, or portion of an initial reporting period, unless that generator is subject to a fee under a permit-by-rule or a conditional authorization pursuant to Section 25200.3. The reporting period shall begin January 1 of each calendar year. On or before January 31 of each calendar year, the department shall notify the California Department of Tax and Fee Administration of all known facilities performing treatment conditionally exempted by Section 25144.6 or subdivision (a) or (c) of Section 25201.5 who are not exempted from this fee pursuant to Section 25404.5. The department shall also notify the California Department of Tax and Fee Administration of any generator who notifies the department that the generator is conducting a conditionally exempt treatment operation, and who is not exempted from this fee pursuant to Section 25404.5, within 60 days of the receipt of the notification.
(d) The fees imposed pursuant to this section shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(e) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.

SEC. 39.

 Section 25205.15 of the Health and Safety Code is repealed.

25205.15.
 (a) Except for the first four manifests used in a calendar year by a business with less than 100 employees, and except as provided in paragraph (2), in addition to any fees to cover printing and distribution costs, the department shall impose a manifest fee of seven dollars and fifty cents ($7.50) for each manifest form or electronic equivalent used by any person, in the following manner:
(1) The department shall bill generators for each manifest form or electronic equivalent. The billing frequency specified by the department may range from monthly to annually, with the payment by the generator required within 30 days from the date of receipt of the billing, and shall be determined based on consultation with the regulated community. In preparing the bills, the department shall distinguish between manifests used solely for recycled hazardous wastes and those used for nonrecycled hazardous wastes. In determining the billing frequency, the department may take into account each person’s volume of manifest usage.
(2) (A) The manifest fee shall not be collected on the use of manifest forms that are used solely for hazardous wastes that are recycled.
(B) The manifest fee for each manifest form or electronic equivalent used solely for hazardous waste derived from air compliance solvents shall be three dollars and fifty cents ($3.50). This is in addition to any fees charged to cover printing and distribution costs.
(3) The department shall implement a system for the use of manifest forms that distinguishes among recycling manifests used solely for hazardous wastes that are to be recycled, manifests used solely to transport hazardous waste derived from air compliance solvents, and general manifests that may be used for transporting waste for any purpose.
(4) (A) If a person erroneously reports on a manifest form or electronic equivalent that the manifest is being used for the transport of hazardous wastes that are being shipped for recycling or for the transport of hazardous wastes derived from air compliance solvents rather than the transport of other types of hazardous waste, the person shall pay the seven dollars and fifty cents ($7.50) manifest fee and an additional error correction fee of twenty dollars ($20) per manifest, as required pursuant to Section 25160.5.
(B) Notwithstanding subparagraph (A) the department shall provide the manifest user with a reasonable opportunity to notify the department of any incorrect use of the recycling manifest, as described in subparagraph (A), and to provide the department with the appropriate manifest fee payment without additional fines, penalties, or payment of the error correction fee.
(5) The department may adopt regulations to implement and administer the manifest fee system imposed pursuant to this subdivision.
(b) For purposes of subdivision (a), “manifest” has the same meaning as defined in paragraph (1) of subdivision (a) of Section 25160.
(c) The manifest fees collected pursuant to this section shall be deposited in the Hazardous Waste Control Account and be available for expenditure, upon appropriation by the Legislature.
(d) For purposes of this section, “air compliance solvent” means a solvent, including aqueous solutions, that are required or approved for use by regulations adopted by the State Air Resources Board, an air pollution control district, or an air quality management district, to meet air emission standards adopted by that board or district and, pursuant to those regulations, is required to be used instead of another solvent that was used and recycled before the adoption of those regulations.
(e) This section applies only to fees due for the 2021 and earlier reporting periods.
(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 40.

 Section 25205.16 of the Health and Safety Code is amended to read:

25205.16.
 (a) (1) The department may impose an annual verification fee upon all generators, transporters, and facility operators with 50 or more employees that possess a valid identification number issued either by the department or by the United States Environmental Protection Agency. The fee charged shall be one hundred fifty dollars ($150) for each generator, transporter, and facility operator with 50 or more employees, but fewer than 75 employees; one hundred seventy-five dollars ($175) for each generator, transporter, and facility operator with 75 or more employees, but fewer than 100 employees; two hundred dollars ($200) for each generator, transporter, and facility operator with 100 or more employees, but fewer than 250 employees; two hundred twenty-five dollars ($225) for each generator, transporter, and facility operator with 250 or more employees, but fewer than 500 employees; two hundred fifty dollars ($250) for each generator, transporter, and facility operator with 500 or more employees. However, no generator, transporter, or facility operator shall be assessed fees pursuant to this section that exceed, in total, five thousand dollars ($5,000).
(2) The generator, transporter, or facility operator subject to the fee shall submit payment of the fee within 30 days from the date of receiving a notice of assessment from the department. The notice shall be sent once during each fiscal year to each holder of a valid identification number. The fee imposed by this section shall be deposited in the Hazardous Waste Control Account and be available for expenditure, upon appropriation by the Legislature. For purposes of this section, “employee” shall have the same meaning set forth in Section 25205.6.
(b) (a)  The department shall establish an identification number certification system to biennially annually  verify the accuracy of information related to generators, transporters, and facilities authorized to treat, store, or dispose of hazardous waste. However, if the number of identification numbers issued since the previous certification exceeds 20 percent of the active identification numbers, the department may implement an annual certification.  Each entity issued an identification number shall provide or verify the information specified in paragraphs (1) to (9), inclusive, when requested by the department. The system shall include the provision or verification of all of the following information:
(1)   The name, mailing address, facsimile number, fictitious business name, federal employer number, California Department of Tax and Fee Administration identification number, SIC code, email address, if available, and telephone number of the firm or organization engaged in hazardous waste activities.
(2)   The name, mailing address, facsimile number, and telephone number of the owner of the firm or organization.
(3)   The name, title, mailing address, facsimile number, and telephone number of a contact person for the firm or organization.
(4)   The identification number assigned to the firm or organization.
(5)   The site location address or description associated with the firm or organization’s identification number provided in paragraph (4).
(6)   The number of employees of the firm or organization.
(7)   If the firm or organization is a generator, a statement of whether the generator produces RCRA hazardous waste or non-RCRA hazardous waste.
(8)   An identification of any of the following hazardous waste activities in which the firm or organization is engaged:
(A)   Generation.
(B)   Transportation.
(C)   Onsite treatment, storage, or disposal.
(9)   The waste codes associated with the four largest hazardous waste streams, by volume, of the firm or organization. The federal waste code shall be verified for RCRA hazardous waste and the California waste code shall be verified for non-RCRA hazardous waste.
(c) (b)  Any generator, transporter, and facility operator who fails to comply with this section, or who fails to provide information required by the department to verify the accuracy of hazardous waste activity data, shall be subject to suspension of any and all identification numbers assigned to the generator, transporter, or facility operator and to any other authorized enforcement action.
(d) (c)  This section applies only shall apply  to the  fees due for the 2021 and earlier reporting periods. reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable following the reporting period. 
(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 41.

 Section 25205.20 of the Health and Safety Code is repealed.

SEC. 42.

 Section 25205.21 of the Health and Safety Code is amended to read:

25205.21.
 (a) Notwithstanding Section 25205.4, a disposal facility operator that is a government agency shall be subject to a maximum facility fee of ten thousand dollars ($10,000) for any reporting period of 12 months and five thousand dollars ($5,000) for any reporting period of six months, for that disposal facility for any reporting period in which it did not at any time dispose of hazardous waste during the reporting period. This section shall apply to all reporting periods since the inception of the facility fee up to and including the reporting period ending December 31, 1998.
(b) This section shall not affect the imposition of the annual postclosure facility fee imposed pursuant to Section 25205.2.

SEC. 43.

 Section 25205.22 of the Health and Safety Code is amended to read:

25205.22.
 (a) Before   January 1, 1996, any person transporting, importing, or receiving non-RCRA  For  hazardous waste imported into this state for purposes of treatment, recycling, or disposal shall be considered the generator of that waste and the facility shall be considered the site of generation for purposes of payment of the generator fee pursuant to Section 25205.5, and the facility operator  the operator of the facility receiving the imported hazardous waste  shall pay the applicable generator fee even if the operator has also paid a facility fee, but a generator fee shall not be assessed for non-RCRA hazardous waste imported before January 1, 1994. generation and handling fee. 
(b) Notwithstanding subdivision (c), any fees due pursuant to this chapter for calendar year 1995 and that are due and payable in calendar year 1996 shall be paid in 1996 in accordance with Section 43152.7 of the Revenue and Taxation Code.
(c) On and after January 1, 1996, any person transporting, importing, or receiving non-RCRA hazardous waste imported into this state for purposes of treatment, recycling, or disposal shall be exempt from the payment of the generator fee imposed pursuant to Section 25205.5 and the generator surcharge imposed pursuant to Section 25205.9.
(d) (b)  This section applies only to  shall apply to the generation and handling  fees due for the 2021 and earlier reporting periods. reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable by February 28 of the year following the reporting period. 
(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 44.

 Section 25207.12 of the Health and Safety Code is amended to read:

25207.12.
 (a) Any eligible participant who submits banned, unregistered, or outdated agricultural wastes for collection in a program established pursuant to this article is exempt from the fees and reimbursements required by Sections 25174.1, 25205.2, 25205.5, and 25205.7, with regard to the wastes submitted for collection.
(b) (a)  An eligible participant who submits banned, unregistered, or outdated agricultural wastes for collection is exempt from the hazardous waste facilities permit requirements of Section 25201 with regard to the management of the wastes submitted for collection.
(c) (b)  A county operating a collection program in compliance with this article shall not be held liable in any cost recovery action brought pursuant to Section 25360 for any hazardous waste that has been properly handled and transported to an authorized hazardous waste treatment or disposal facility, in compliance with this chapter, at a location other than that of the collection program.
(d) (c)  This section applies only shall apply  to the  fees due for the 2021 and earlier reporting periods. reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable following the reporting period. 
(e) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 45.

 Section 25246.1 is added to the Health and Safety Code, to read:

25246.1.
 (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, and the source of the release is a facility or hazardous waste management unit or an activity that is regulated by the department pursuant to this chapter, and the department determines that corrective action is necessary at the facility, either during the active life of the facility or when the department has issued an order for corrective action, 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 the corrective action based on available data, history of releases, and site activities of the facility.
(b) Other than an obligation for corrective action described in subdivision (a), if the department determines that corrective action is necessary at any site undergoing a response action overseen by the department pursuant to its authority in any of the circumstances identified in subdivision (c), the department shall request an owner, operator, respondent, or proponent 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 of that facility for which corrective action is needed.
(c) The requirements of subdivision (b) apply in any of the following circumstances:
(1) The department has issued an order, or otherwise initiated action, with respect to the release at the site pursuant to Section 25355, 25355.5, or 25358.3.
(2) The source of the release is a facility or hazardous waste management unit or an activity that is, or was, regulated by the department pursuant to this chapter.
(3) The department is conducting, or has conducted, oversight of the site investigation and remedial action at the site at the request of the responsible party.
(d) For sites identified pursuant to Section 25204.6, the department shall not require financial assurances unless it is the lead agency or directed by the lead agency pursuant to Section 25204.6. Nothing in this section alters the State Water Resources Control Board’s rules and regulations regarding financial assurances.
(e) An owner or operator may satisfy the requirements of this section by demonstrating to the department that it has provided financial assurance for corrective action to the State Water Resources Control Board or a regional water quality control board for the same release identified by the department.

SEC. 46.

 Section 25246.2 is added to the Health and Safety Code, to read:

25246.2.
 (a) If corrective action financial assurance is required under Section 25246.1 the requirements of this section shall apply.
(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 facility shall submit the corrective action cost estimate to the department within 60 days of the department’s request.
(2) If the department determines that 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 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.
(f) The financial assurance for an owner or operator of a facility that is required to submit a financial assurance mechanism for corrective action shall be governed by Section 25355.3. This subdivision does not apply to a hazardous waste facility that is required to submit a financial assurance mechanism for corrective action.
(g) The department may adopt, and revise, when appropriate, standards and regulations to implement this section.

SEC. 47.

 Section 25250.24 of the Health and Safety Code is amended to read:

25250.24.
 (a) Except as provided in subdivision (b), any  A  person who generates, receives, stores, transfers, transports, treats, or recycles used oil, unless specifically exempted or unless the used oil is not regulated by the department pursuant to subdivision (b) of Section 25250.1, shall comply with all provisions of this chapter.
(b) Used oil that is removed from a motor vehicle and that is subsequently recycled by a recycler who is permitted pursuant to this article shall not be included in the calculation of the amount of hazardous waste generated for purposes of the generator fee imposed pursuant to Section 25205.5.
(c) (b)  This section shall remain in effect only until January 1, 2022, and as of that date is repealed. apply to the fees due for the 2021 reporting period and thereafter, including the prepayments due following the reporting period and the fee due and payable following the reporting period. 

SEC. 48.

 Section 25355.3 is added to the Health and Safety Code, to read:

25355.3.
 (a) The department shall require any responsible party who is required to undertake corrective action obligations pursuant to a determination issued pursuant to Section 25246.1 to demonstrate and to maintain financial assurance in accordance with this section.
(b) The responsible party shall demonstrate financial assurance within 90 days of the department’s approval of a feasibility study and shall maintain it throughout the period of time necessary to complete all required response actions.
(c) When submitting a feasibility study, a responsible party shall include a response action cost estimate.
(d) (1) For purposes of subdivision (b), the responsible party shall demonstrate and maintain one or more of the financial assurance mechanisms set forth in subdivisions (a) to (e), inclusive, of Section 66265.143 of Title 22 of the California Code of Regulations.
(2) As an alternative to the requirement of paragraph (1), a responsible party may demonstrate and maintain financial assurance by means of a financial assurance mechanism other than those described in paragraph (1), if the alternative financial assurance mechanism has been submitted to, and approved by, the department or a regional water quality control board as being at least equivalent to the financial assurance mechanisms described in paragraph (1). The department or the regional board shall evaluate the equivalency of the proposed alternative financial assurance mechanism principally in terms of the certainty of the availability of funds for required operation and maintenance activities and the amount of funds that will be made available. The department or the regional board shall require the responsible party to submit any information necessary to make a determination as to the equivalency of the proposed alternative financial assurance mechanism.
(e) If the source of the release is not regulated by the department pursuant to Chapter 6.5 (commencing with Section 25100), the department or a regional water quality control board shall waive the financial assurance required by subdivision (a) if the department or the regional board makes either of the following determinations:
(1) The responsible party is not separately required to demonstrate and maintain a financial assurance mechanism for response actions at a site because all of the following conditions apply:
(A) The site is a multiple responsible party site.
(B) Financial assurance that response action at the site will be carried out is demonstrated and maintained by a financial assurance mechanism established jointly by all, or some, of the responsible parties.
(C) The financial assurance mechanism specified in subparagraph (B) meets the requirements of subdivisions (a) and (b).
(2) The responsible party is a federal, state, or local government entity.
(f) The department shall withdraw a waiver granted pursuant to paragraph (1) or (2) of subdivision (e) if the department determines that the responsible party that obtained the waiver no longer meets the eligibility requirements for the waiver.
(g) The department’s duties to implement this section are contingent upon an appropriation by the Legislature for purposes of implementing the requirements of this section.

SEC. 49.

 Section 43002.3 of the Revenue and Taxation Code is amended to read:

43002.3.
 (a) For purposes of the collection of the fees specified in subdivision (a) of Section 25174 of the Health and Safety Code, a determination by the Department of Toxic Substances Control that a waste is nonhazardous shall be effective only for wastes generated and handled  disposed of, or submitted for disposal,  commencing with the month during which the Department of Toxic Substances Control receives a completed application for that determination.
(b) This section shall become operative on July 1, 2022, and shall  apply to the fees due after for  the June 2022 reporting period,  2021 reporting period and thereafter,  including the prepayments due following the reporting period and the fee due and payable following the reporting period.

SEC. 50.

 Section 43005.5 of the Revenue and Taxation Code is repealed.

SEC. 51.

 Section 43012 of the Revenue and Taxation Code is amended to read:

43012.
 (a) For purposes of this part, “taxpayer” means any a  person liable for the payment of a fee or a tax specified in paragraph (1) of subdivision (a) of Section 25173.6 of the Health and Safety Code or  Code, paragraph (1) of  subdivision (a) of Section 25174 of the Health and Safety Code, paragraph (1) of subdivision (a) of Section 25174.01 of the Health and Safety Code,  or imposed by Section 25174.1 or 105310 of the Health and Safety Code.
(b) This section shall remain in effect only until January 1, 2022, and as of that date is repealed. apply to the fees due for the 2021 reporting period and thereafter, including the prepayments due following the reporting period and the fee due and payable following the reporting period. 

SEC. 52.

 Section 43051 of the Revenue and Taxation Code is repealed.

43051.
 (a) The fee imposed pursuant to Section 25174.1 of the Health and Safety Code shall be administered and collected by the California Department of Tax and Fee Administration in accordance with this part.
(b) This section applies only to fees due through the June 2022 reporting period and earlier reporting periods.
(c) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.

SEC. 53.

 Section 43055 of the Revenue and Taxation Code is repealed.

SEC. 54.

 Section 43101 of the Revenue and Taxation Code is amended to read:

43101.
 Every person, as defined in Section 25118 of the Health and Safety Code, who is subject to the fees specified in Section 105190 of the Health and Safety Code or imposed pursuant to Section 25205.2, 25205.5, or 25205.6 of the Health and Safety Code shall register with the California Department of Tax and Fee Administration on forms provided by the California Department of Tax and Fee Administration.

SEC. 55.

 Section 43151 of the Revenue and Taxation Code is repealed.

43151.
 (a) The fee imposed pursuant to Section 25174.1 of the Health and Safety Code, which is a tax collected and administered under Section 43051, is due and payable to the California Department of Tax and Fee Administration monthly on or before the last day of the third calendar month following the end of the calendar month for which the fee is due. Each taxpayer shall, on or before the last day of the third calendar month following the end of the calendar month for which the fee is due, make out a tax return for the calendar month, in the form as prescribed by the California Department of Tax and Fee Administration, which may include, but not be limited to, electronic media in accordance with subdivision (c). The taxpayer shall deliver the return, together with a remittance of the amount of fee due, to the office of the California Department of Tax and Fee Administration on or before the last day of the third calendar month following the end of the calendar month for which the fee is due. Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the California Department of Tax and Fee Administration.
(b) With the approval of the California Department of Tax and Fee Administration, a taxpayer who has more than one facility subject to the taxes collected and administered under this chapter, may file a combined tax return covering operations at more than one, or all, of those facilities.
(c) The form required to be submitted by the taxpayer pursuant to this section shall show, for the taxpayer and for each person from whom the taxpayer accepted hazardous waste for disposal, all of the following:
(1) The total amount of hazardous waste subject to the tax and the amount of the tax for the period covered by the return.
(2) The amount of hazardous waste disposed during the tax period that is in each of the fee categories described in Section 25174.6 of the Health and Safety Code, and the amount of disposal fees paid for each of those categories.
(3) The amount of hazardous waste received for disposal by the taxpayer’s facility or facilities that is exempt from the payment of disposal fees pursuant to Section 25174.7 of the Health and Safety Code, including a copy of any written documentation provided for any shipment or shipments of hazardous waste received by a facility.
(4) The amount of RCRA hazardous waste that is treated by the taxpayer so that the waste is considered to be non-RCRA hazardous waste for purposes of the disposal fee, pursuant to paragraph (2) of subdivision (b) of Section 25174.6.
(d) (1) Each taxpayer shall maintain records documenting all of the following information for each person who has submitted hazardous waste for disposal by the taxpayer during each calendar month and shall make those records available for review and inspection at the request of the California Department of Tax and Fee Administration or the department:
(A) The tonnage of hazardous waste submitted for disposal.
(B) The type of hazardous waste disposed as specified by Section 25174.6 of the Health and Safety Code, including both of the following:
(i) Any characterization of the hazardous waste made by the person submitting the hazardous waste for disposal.
(ii) Any other documentation that the taxpayer maintains regarding the type of hazardous waste disposed to land.
(C) Any representation made by the person submitting the hazardous waste regarding any exemptions that may be applicable to the payment of disposal fees.
(D) For any RCRA hazardous waste that is treated by the taxpayer so that the waste is considered to be non-RCRA hazardous waste for purposes of the disposal fee, pursuant to paragraph (2) of subdivision (b) of Section 25174.6, all of the following information:
(i) The tonnage and type of hazardous waste.
(ii) The method or methods used to treat the hazardous waste.
(iii) Operating records documenting the treatment activity.
(iv) Representative and statistical waste sampling and analysis data demonstrating that the waste is no longer RCRA hazardous waste at the time of disposal.
(2) If the hazardous wastes submitted for disposal were accompanied by a manifest, the information specified in paragraph (1) shall be maintained by manifest number for each calendar month.
(e) This section applies only to fees due through the June 2022 reporting period and earlier reporting periods.
(f) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.

SEC. 56.

 Section 43152 of the Revenue and Taxation Code is amended to read:

43152.
 (a) The California Department of Tax and Fee Administration shall establish and annually submit to each feepayer  generator of hazardous waste  a consolidated statement of fees required to be paid by the feepayer generator  to the California Department of Tax and Fee Administration pursuant to Sections 25205.2, 25205.5, and 25205.6 of the Health and Safety Code.
(b) Notwithstanding any other law, any return or other document that is required to be submitted by a feepayer  generator of hazardous waste  to the California Department of Tax and Fee Administration in connection with the payment of any fee specified in subdivision (a) shall instead be submitted together with the consolidated statement made pursuant to subdivision (a).

SEC. 57.

 Section 43152.7 of the Revenue and Taxation Code is amended to read:

43152.7.
 (a) The fee imposed pursuant to Section 25205.5 of the Health and Safety Code that is collected and administered under Section 43053 is due and payable on the last day of the second month following the end of the calendar year.
(b) Every generator subject to the fee imposed pursuant to Section 25205.5 of the Health and Safety Code shall file an annual return in the form as prescribed by the California Department of Tax and Fee Administration, which may include, but not be limited to, electronic media and pay the proper amount of fee due. The board  California Department of Tax and Fee Administration  shall credit the prepayment made pursuant to Section 43152.15 against the amount due with the annual return. Returns shall be authenticated in a form or pursuant to methods as may be prescribed by the California Department of Tax and Fee Administration.
(c) The fee imposed by Section 25205.5 of the Health and Safety Code shall be offset by any fees paid by the generator for the preceding calendar year for a local hazardous waste management program conducted by a local agency pursuant to a memorandum of understanding with the department. The amount of the credit provided under this subdivision shall not exceed an amount equal to the fees paid to the local agency or the generator fee due under Section 25205.5 of the Health and Safety Code, whichever is less. The credit for local fees paid shall not include fees required under Chapter 6.7 (commencing with Section 25280) or Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code.
(d) This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed.

SEC. 58.

 Section 43152.11 of the Revenue and Taxation Code is repealed.

SEC. 59.

 Section 43152.15 of the Revenue and Taxation Code is amended to read:

43152.15.
 (a) In addition to the requirements imposed pursuant to Section 43152.7, a generator subject to the fees fee  specified in Sections Section  25205.5 and 25205.9  of the Health and Safety Code shall make a prepayment of the fee by site to the California Department of Tax and Fee Administration that Administration, which  is due and payable on or before the last day of August of each calendar year. The prepayment shall be accompanied by a prepayment return in a form prescribed by the California Department of Tax and Fee Administration.
(b) For purposes of subdivision (a), the amount of the prepayment shall be not less than either of the following:
(1) One hundred percent of the applicable fee imposed on the generator, based on the generator’s fee category as generation and handling fee  specified in Section 25205.5 of the Health and Safety Code for the total volume of hazardous waste generated by site during the period January 1 to June 30, inclusive, of the current calendar year in which the prepayment is due. The prepayment may be offset by fees paid by the generator for a local hazardous waste management program conducted by a local agency pursuant to a memorandum of understanding with the department that includes both of the following: 
(A) The local fees are paid for the current calendar year for which the prepayment is due or the local fees are paid for the preceding calendar year, if fees have not been paid for the current year.
(B) The offset is subject to the limitations and requirements specified in subdivision (c) of Section 43152.7.
(2) Fifty percent of the generator  generation and handling  fee liability paid to the California Department of Tax and Fee Administration by site for the preceding calendar year provided the generator paid a generator  generation and handling  fee liability to the California Department of Tax and Fee Administration for the preceding calendar year for that site.
(c) The California Department of Tax and Fee Administration shall credit the amount of the prepayment against the amount of the fee due and payable for the calendar year in which the prepayment is due.
(d) Notwithstanding any other provision in this section, the prepayment of a generator  generation and handling  fee shall not be required for any amount due that is less than five hundred dollars ($500), or for any other amount due if the California Department of Tax and Fee Administration determines that prepayment is not in the best economic interest of the program.
(e) Any A  person required to make a prepayment pursuant to this section who fails to make a prepayment by the due date specified in subdivision (a) shall also pay penalties and interest in accordance with Section 43155.
(f) This section applies only shall apply  to the  fees due for the 2021 and earlier reporting periods. reporting period and thereafter, including the prepayments due following the reporting period and the fee due and payable following the reporting period. 
(g) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.

SEC. 60.

 Section 43152.16 of the Revenue and Taxation Code is repealed.

SEC. 61.
 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.