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AB-995 Hazardous waste.(2019-2020)

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Date Published: 09/05/2020 04:00 AM
AB995:v94#DOCUMENT

Enrolled  September 04, 2020
Passed  IN  Senate  August 31, 2020
Passed  IN  Assembly  August 31, 2020
Amended  IN  Senate  August 25, 2020
Amended  IN  Senate  July 02, 2020
Amended  IN  Senate  September 06, 2019
Amended  IN  Assembly  May 16, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 995

Introduced by Assembly Members Cristina Garcia, Bloom, Reyes, Santiago, Kalra, and Carrillo
(Principal coauthors: Senators Leyva and Wieckowski)
(Coauthors: Assembly Members Holden, Mullin, Luz Rivas, and Smith)
(Coauthors: Senators Lena Gonzalez and Stern)

February 21, 2019

An act to amend Sections 6103.10 and 11553 of the Government Code, to amend Sections 25160, 25175, 25178.1, 25200, 25200.8, 25201.6, 25205, 25205.2, 25205.5, 25205.5.1, 25205.7, 25205.12, 25205.16, 25205.21, 25205.22, 25207.12, and 25250.24 of, to amend, repeal, and add Section 25174 of, to add Sections 25110.2.1, 25174.01, 25174.02, 25187.3, 25200.05, 25200.25, 25200.27, 25246.1, 25246.2, and 25355.3 to, to add Article 2.1 (commencing with Section 25125) to Chapter 6.5 of Division 20 of, to add and repeal Section 25205.5.01 of, to add and repeal Article 3.1 (commencing with Section 25133) of Chapter 6.5 of Division 20 of, to repeal Sections 25174.1, 25174.2, 25174.6, 25174.7, 25174.11, 25205.3, 25205.4, 25205.9, 25205.14, 25205.15, and 25205.20 of, and to repeal and add Section 25135.9 of, the Health and Safety Code, and to amend Sections 43002.3, 43012, 43101, 43152, 43152.7, and 43152.15 of, and to repeal Sections 43005.5, 43051, 43055, 43151, 43152.11, and 43152.16 of, the Revenue and Taxation Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 995, Cristina Garcia. Hazardous waste.
(1) Existing law provides that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. Existing law requires the department to, among other things, issue hazardous waste facilities permits to facilities handling hazardous waste and to enforce the requirements of the hazardous waste control laws.
This bill would create the Board of Environmental Safety in the California Environmental Protection Agency. The bill would provide requirements for the membership of the board and would require the board to conduct no less than 6 public meetings per year. The bill would provide for the duties of the board, which would include, among others, reviewing specified policies, processes, and programs within the hazardous waste control laws; proposing statutory, regulatory, and policy changes; and hearing and deciding appeals of hazardous waste facility permit decisions and certain financial assurance decisions. The bill would establish an office of ombudsperson in the board to receive complaints and suggestions, to evaluate complaints received, to report findings and make recommendations to the Director of Toxic Substances Control and the board, and to render assistance.
(2) Existing law requires the department to prepare and adopt a state hazardous waste management plan with certain elements, to be reviewed annually and revised at least every 3 years. Existing law requires the plan to be prepared in conjunction with, and to take into account, hazardous waste management plans adopted by counties and regional councils of governments. Existing law requires the department to conduct at least 2 public workshops, as provided, as part of the preparation and adoption of the plan.
This bill would repeal those requirements and instead require the department, by March 1, 2024, and every 3 years thereafter, to prepare and present to the board for approval a state hazardous waste management plan containing certain information, goals, and recommendations. The bill would require the department, by March 1, 2022, and every 3 years thereafter, to prepare a report containing an analysis of available data related to hazardous waste and hazardous waste management facilities, and would require the state hazardous waste management plan to be based on the information contained in that report and any other relevant source of information. The bill would require the board, before approving the plan, to conduct at least 3 public hearings to receive comments from the public and would require the board and department to consider the comments received and revise the plan as they deem appropriate.
(3) Existing law imposes various fees, including a disposal fee, generator fee, and facility fee, that are deposited in the Hazardous Waste Control Account and that, upon appropriation by the Legislature to the department, are authorized to be expended for, among other things, the administration and implementation of the hazardous waste control laws.
Existing law establishes the Toxic Substances Control Account in the General Fund and requires that specified funds be deposited in that account, including the charge imposed on organizations that use, generate, store, or conduct activities in this state related to hazardous materials, and penalties imposed pursuant to the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act. Existing law authorizes the appropriation of funds from the Toxic Substances Control Account to the department for specified purposes, including, among other things, site remediation and response costs.
This bill would require the Secretary for Environmental Protection to convene a fee task force with specified membership to review the existing fee structure supporting the Hazardous Waste Control Account and the funding structure supporting the Toxic Substances Control Account. The bill would require the Secretary to 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, as provided.
(4) Existing law requires a person who disposes of hazardous waste in this state to pay a disposal fee for the disposal of hazardous waste to land, based on the type of waste placed in the disposal site. Existing law imposes, except for certain specified exceptions, a manifest fee for each California Hazardous Waste Manifest form or electronic equivalent used by a person. Existing law authorizes the Department of Toxic Substances Control to impose an annual verification fee on certain generators, transporters, and facility operators that possess a valid identification number issued by the Department of Toxic Substances Control or by the United States Environmental Protection Agency.
This bill would repeal the provisions establishing the disposal fee, manifest fee, and verification fee.
(5) Existing law requires specified money to be deposited in the Hazardous Waste Control Account, including money from the disposal fee, generator fee, facility fee, and manifest fee, from specified fees for the oversight of corrective action, and from the federal government pursuant to the federal Resource Conservation and Recovery Act of 1976. Existing law authorizes funds deposited in the account to be expended, upon appropriation by the Legislature, for specified purposes, including for the administration and implementation of the hazardous waste control laws, including, but not limited to, for programs regulating specific products, including, among others, metal-containing jewelry, lead wheel weights, and consumer products.
This bill, on January 1, 2022, would revise those provisions to require the generation and handling fee to be deposited in the account, as discussed in paragraph (6), and to authorize other money to be deposited in the account only if that money is for costs at sites that are not operated by authorized hazardous waste facilities, as provided. The bill would prohibit expenditure from the account for hazardous waste regulatory activities at sites operated by an authorized hazardous waste facility and for other specified programs regulating specific products under the hazardous waste control laws. The bill would additionally authorize expenditure from the account to the department for costs incurred by the Board of Environmental Safety, as provided. The bill would make other conforming changes.
The bill, on January 1, 2022, would establish the Hazardous Waste Facilities Account in the Hazardous Waste Control Account, to be administered by the Director of Toxic Substances Control. The bill would require specified money for costs at sites operated by authorized hazardous waste facilities to be deposited in the Hazardous Waste Facilities Account, as provided. The bill would authorize expenditure from the account, upon appropriation by the Legislature, for specified purposes relating to hazardous waste regulatory activities at sites operated by an authorized hazardous waste facility or related to the owner or operator of an authorized hazardous waste facility, as provided.
(6) Existing law requires a generator of hazardous waste who generated 5 or more tons of hazardous waste in the prior calendar year to pay a generator fee, pursuant to a tiered payment structure, based on a specified base rate. Existing law authorizes the California Department of Tax and Fee Administration to annually adjust the base rate to reflect the increase or decrease in the cost of living, as provided. Existing law provides certain exemptions to the generator fee. Existing law requires the generator fee to be deposited in the Hazardous Waste Control Account. Existing law requires the department, upon appropriation by the Legislature, to pay refunds to generators from surplus funds in the Hazardous Waste Control Account, as provided.
This bill would repeal the generator fee and would instead require a generator to pay to the California Department of Tax and Fee Administration a generation and handling fee of $35.50 for each ton of hazardous waste generated. The bill would require the generation and handling fee to be deposited in the Hazardous Waste Control Account. The bill would not extend certain generator fee exemptions to the generation and handling fee. The bill would repeal the provision requiring the department to provide refunds to generators from surplus funds in the Hazardous Waste Control Account. Because the failure to pay the generation and handling fee would be a crime, the bill would impose a state-mandated local program.
(7) Existing law requires an operator of a hazardous waste facility to 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. Existing law sets the amount of the facility fee in a flat amount for facilities with a postclosure permit or a standardized permit and sets the facility fee for all other facilities pursuant to a tiered payment structure, based on a specified base rate. Existing law requires the California Department of Tax and Fee Administration to annually adjust the base rate to reflect the increase or decrease in the cost of living, as provided. Existing law provides certain exemptions to the facility fee, including, among others, for household hazardous waste collection facilities and facilities operated by a local government agency. Existing law requires the facility fee to be deposited in the Hazardous Waste Control Account.
This bill would increase the base rate and revise the tiered payment structure for the facility fee, as provided. The bill would require the facility fee to be deposited in the Hazardous Waste Facilities Account, instead of the Hazardous Waste Control Account. The bill would eliminate certain exemptions to the facility fee, as provided. By eliminating certain exemptions to the facility fee, of which the failure to pay would be a crime, the bill would impose a state-mandated local program.
(8) Existing law requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the department. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. Existing law prohibits the department from issuing or renewing a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains financial assurances.
This bill would require the department to review, at least once every 5 years, the financial assurances required to operate a hazardous waste facility and the cost estimates used to establish the amount of financial assurances required. If the department’s review finds that the cost estimates forming the basis for the financial assurances for a facility are inadequate, the bill would require the department to notify the owner or operator of the facility and would require the owner or operator to provide an updated cost estimate and establish financial assurance mechanisms for the approved revised cost estimate amounts within 60 days of the department’s approval of the revised cost estimate.
(9) Existing law requires an owner or operator of a facility intending to renew the facility’s permit to submit a complete Part A application for a permit renewal before the expiration of the permit. Existing law requires the owner or operator to submit a complete Part B application when requested by the department. Existing law, when a complete Part A renewal application, and any other requested information, has been submitted before the end of a permit’s fixed term, deems the permit extended until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal. Existing law requires the department to issue a permit if the facility meets specified requirements. Existing law provides for the issuance of standardized hazardous waste facilities permits in lieu of other specified permit procedures under prescribed circumstances.
This bill would require the department to issue a permit decision within specified deadlines, as discussed below. If the department has not issued a final permit decision by the applicable deadline, the bill would require the department to, among other things, issue a report, to be released publicly, 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 bill would require the department, after preparation of a report, to do certain things, including requesting that the board schedule a hearing for the department to present the report.
The bill would require, for a hazardous waste facilities permit that will expire before January 1, 2024, the owner or operator of a facility intending to extend the term of that permit to submit a Part A and Part B application for a permit renewal at least 180 days before the fixed term of the permit expires. The bill would require, for a hazardous waste facilities permit that will expire on or after January 1, 2024, the owner or operator to submit a Part A and Part B application for a permit renewal at least 2 years before the fixed term of the permit expires. The bill would provide that, if a Part A and Part B renewal application and any other requested information has been submitted in accord with these requirements, the permit is deemed extended until the application is approved and the new permit is effective or denied and all parties have exhausted all applicable rights of appeal.
The bill would require the department, no later than 90 days after receiving an application for a hazardous waste facilities permit, to post on its internet website a timeline with the estimated dates of key milestones in the application review process, to note on its internet website that these dates are estimates, and to update the dates as needed. The bill would require the department, on or before March 31, 2021, to post a timeline with those estimated dates for a hazardous waste facility permit application under review as of January 1, 2021.
(10) Existing law requires an applicant for a final hazardous waste facilities permit who receives a notice of deficiency from the department concerning the permit application to submit the information specified in the notice of deficiency by a specified date.
The bill would require that an applicant not be required to submit a full application, but only that information that is required within the department’s notice of deficiency, when submitting information pursuant to a notice of deficiency. The bill would require the department to review the information and determine if it is complete within 60 days of receipt of the information.
(11) Existing law requires the department, in the case of a release of hazardous waste or hazardous waste constituents into the environment from a hazardous waste facility that is required to obtain a permit, to pursue available remedies, including the issuance of an order for corrective action, before using available legal remedies, except in specified circumstances. A violation of the hazardous waste control law is a crime.
This bill would require the department, under specified circumstances, to request an owner or operator of a hazardous waste facility to submit to the department for review and approval a written cost estimate to cover activities associated with a corrective action based on available data, history of releases, and site activities, as specified. The bill would require the owner or operator to submit the corrective action cost estimate within 60 days of the department’s request. The bill would require the owner or operator, within 90 days of the approval of a corrective action cost estimate, as specified, to fund the cost estimate or enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action. The bill would establish procedures for an owner, operator, or responsible party to demonstrate and maintain financial assurance under specified circumstances. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
(12) Existing law requires a person who applies for, or requests, among other things, a hazardous waste facilities permit or a renewal of an existing hazardous waste facilities permit, to enter into a written agreement with the department to reimburse the department for the costs incurred by the department in processing the application or responding to the request, as provided. Existing law requires that agreement, except for an agreement entered into by a facility owned by a federal agency, to provide for at least 25% of the reimbursement to be made in advance of the processing of the application or the response to the request.
This bill would additionally exempt from that requirement relating to advanced reimbursement an agreement entered into by a facility operated by a federal agency.
(13) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 (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.
 Section 6103 does not apply to any fee or charges required to be paid to the State Director of 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 subdivision (b) of Section 25205.1 of, and Section 25205.7 of, the Health and Safety Code.

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 apply to the fees due for the 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.

SEC. 15.

 Section 25174.2 of the Health and Safety Code is repealed.

SEC. 16.

 Section 25174.6 of the Health and Safety Code is repealed.

SEC. 17.

 Section 25174.7 of the Health and Safety Code 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 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 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 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 shall apply to the fees due for the 2021 reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable following the reporting period.

SEC. 20.

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

25178.1.
 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.

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 hazardous waste facilities permits to use and operate one or more hazardous waste management units at a facility that in the judgment of the department meet the building standards published in the State Building Standards Code relating to hazardous waste facilities and the other standards and requirements adopted pursuant to this chapter. The department shall impose conditions on each hazardous waste facilities permit specifying the types of hazardous wastes that may be accepted for transfer, storage, treatment, or disposal. The department may impose any other conditions on a hazardous waste facilities permit that are consistent with the intent of this chapter.
(b) The department may impose, as a condition of a hazardous waste facilities permit, a requirement that the owner or operator of a hazardous waste facility that receives hazardous waste from more than one producer comply with any order of the director that prohibits the facility operator from refusing to accept a hazardous waste based on geographical origin that is authorized to be accepted and may be accepted by the facility without extraordinary hazard.
(c) (1) (A) Any hazardous waste facilities permit issued by the department shall be for a fixed term, which shall not exceed 10 years for any land disposal facility, storage facility, incinerator, or other treatment facility.
(B) To the extent not inconsistent with the federal act, when a Part A and Part B application for the renewal of an existing hazardous waste facilities permit, and any other requested information, has been submitted 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 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.
(C) For a facility with a permit that expires before January 1, 2024, to file a renewal, the owner or operator shall submit a Part A and Part B application at least 180 days before the 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.
(D) For a facility with a permit that expires on or after January 1, 2024, to file a renewal, the owner or operator shall submit a Part A and Part B application at least two years before the 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.
(E) This section does not limit or restrict the department’s authority to impose any additional or different conditions on an extended permit that are necessary to protect human health and the environment.
(F) In adopting new conditions for an extended permit, the department shall follow the applicable permit modification procedures specified in this chapter and the regulations adopted pursuant to this chapter.
(G) When prioritizing pending renewal applications for processing and in determining the need for any new conditions on an extended permit, the department shall consider any input received from the public.
(2) The department shall review each hazardous waste facilities permit for a land disposal facility five years after the date of issuance or reissuance, and shall modify the permit, as necessary, to assure that the facility continues to comply with the currently applicable requirements of this chapter and the regulations adopted pursuant to this chapter.
(3) This subdivision does not prohibit the department from reviewing, modifying, or revoking a permit at any time during its term.
(4) For purposes of this section, the department shall consider an application for the renewal of an existing hazardous waste facilities permit to be administratively complete in accordance with subdivision (c) of Section 66271.2 of Title 22 of the California Code of Regulations.
(d) (1) When reviewing any application for a permit renewal, the department shall consider improvements in the state of control and measurement technology as well as changes in applicable regulations.
(2) Each permit issued or renewed under this section shall contain the terms and conditions that the department determines necessary to protect human health and the environment.
(e) A permit issued pursuant to the federal act by the United States Environmental Protection Agency in the state for which no state hazardous waste facilities permit has been issued shall be deemed to be a state permit enforceable by the department until a state permit is issued. In addition to complying with the terms and conditions specified in a federal permit deemed to be a state permit pursuant to this section, an owner or operator who holds that permit shall comply with the requirements of this chapter and the regulations adopted by the department to implement this chapter.

SEC. 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. 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 of these notices of deficiency regarding the same or different deficiencies or responds with substantially incomplete or substantially unsatisfactory information on three 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 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 facility for more than one calendar year.
(2) “Series B standardized permit” means a permit issued to a 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 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.
(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 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 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 facilities existing on or before September 1, 1992, except for 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 the following information be submitted to the department for review before the final permit determination:
(A) A description of the treatment and storage activities to be covered by the 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 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 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 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 hazardous waste facilities permit and that meets the criteria for a Series A, B, or C 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 facility without obtaining a hazardous waste facilities permit or other grant of authorization from the department after the applicable deadline for submitting the 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 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 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 facility and determined all of the following:
(1) The treatment process is an effective method of treating the waste, as described in the permit application.
(2) The corrective action plan is appropriate for the facility.
(3) The financial assurance is sufficient for the facility.
(f) (1) Interim status shall not be granted to a facility that does not submit a standardized permit notification on or before October 1, 1993, unless the facility is subject to paragraph (2) or (3) of subdivision (g).
(2) Interim status shall be revoked if the permit application is not submitted within six months of the permit notification.
(3) Interim status granted to any 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 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 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 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, 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 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) When a Part A and Part B application for the renewal of an existing hazardous waste facilities permit, and any other requested information, has been submitted before the deadlines established in paragraphs (2) and (3), the permit is deemed extended until 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.
(2) For a facility with a standardized permit that expires before January 1, 2024, to file a renewal, the owner or operator shall submit a Part A and Part B application for the renewal of an existing hazardous waste facilities permit at least 180 days before the 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.
(3) For a facility with a standardized permit that expires on or after January 1, 2024, to file a renewal, the owner or operator shall submit a Part A and Part B application at least two years before the 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.
(4) For purposes of this subdivision, the department shall consider an application for the renewal of an existing standardized permit to be administratively 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 applying for a standardized permit to complete and file a phase I environmental assessment with the 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 facility shall not be required to submit a phase I environmental assessment with its 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 facility and an independent professional engineer or geologist registered in the state, or 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, such a person employed by the governmental entity, but if the facility owner is not a governmental entity, the engineer, geologist, or assessor signing the certification shall not be employed by, or be an agent of, the 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 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 permit or other grant of authorization from the department for that treatment or storage activity.
(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 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 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) The department shall review, at least once every five years, the financial assurances required to operate a hazardous waste facility and the cost estimates used to establish the amount of the financial assurances required, and may revise the financial assurances and the cost estimates more 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.

SEC. 29.

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

25205.2.
 (a) Except as provided in subdivisions (h) and (k), 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 subdivision (b). On or before 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.
(b) (1) The base rate for the 2021 reporting period for the fee imposed by this section is seventy-one thousand two hundred fifty dollars ($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-one thousand three hundred dollars ($21,300) annually for a small facility.
(2) Forty-two thousand six hundred dollars ($42,600) annually for a medium facility.
(3) 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) Eleven thousand three hundred fifty dollars ($11,350) annually for a small facility.
(2) Twenty-two thousand seven hundred dollars ($22,700) annually for a medium facility.
(3) Thirty-eight thousand three hundred twenty dollars ($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 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 forty-three thousand six hundred forty dollars ($43,640).
(2) The fee to be paid for a facility that has been issued a Series B standardized permit shall be twenty thousand four hundred fifty dollars ($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 seventeen thousand one hundred seventy-five dollars ($17,175).
(4) The fee for a facility that has been issued a Series C standardized permit is eight thousand five hundred ninety dollars ($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 2021 reporting period shall be three thousand five hundred seventy dollars ($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 2021 reporting period shall be three thousand five hundred seventy dollars ($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, a generator performing treatment conditionally exempted pursuant to Section 25144.6 or subdivision (a) or (c) of Section 25201.5 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) 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.
(n) This section shall apply to the annual facility fees due for the 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.

SEC. 31.

 Section 25205.4 of the Health and Safety Code is repealed.

SEC. 32.

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

25205.5.
 (a) (1) Except as otherwise provided in this section, a generator of hazardous waste shall pay to the California Department of Tax and Fee Administration for each generator site for each calendar year, or portion of the calendar year, 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.
(2) 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 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:
(A) Manage the hazardous waste for reclamation and recovery, including fuel blending before energy recovery at another site.
(B) 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.
(b) Generators of more than five tons of hazardous waste in the prior calendar year 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.
(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 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 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.
(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.
(e) The fee rate established in this section shall be adjusted by the California Department of Tax and Fee Administration 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.
(f) This section shall apply to the annual generation and handling fees imposed pursuant to subdivision (a) due for the 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. 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 apply to the fees due for the 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 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.
 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.

SEC. 38.

 Section 25205.14 of the Health and Safety Code is repealed.

SEC. 39.

 Section 25205.15 of the Health and Safety Code is repealed.

SEC. 40.

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

25205.16.
 (a) The department shall establish an identification number certification system to annually verify the accuracy of information related to generators, transporters, and facilities authorized to treat, store, or dispose of hazardous waste. 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.
(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.
(c) This section shall apply to the fees due for the 2021 reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable following the reporting period.

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)  For hazardous waste imported into this state for purposes of treatment, recycling, or disposal the operator of the facility receiving the imported hazardous waste shall pay the applicable generation and handling fee.
(b) This section shall apply to the generation and handling fees due for the 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. 44.

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

25207.12.
 (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.
(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.
(c) This section shall apply to the fees due for the 2021 reporting period and thereafter, including the prepayments due during the reporting period and the fee due and payable following the reporting period.

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) 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) This section shall 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 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 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. 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 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, 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 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.

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.

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 generator of hazardous waste a consolidated statement of fees required to be paid by the 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 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 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.

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 fee specified in Section 25205.5 of the Health and Safety Code shall make a prepayment of the fee by site to the California Department of Tax and Fee 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 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.
(2) Fifty percent of the 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 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 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) 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 shall 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. 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.