BILL NUMBER: AB 1220 CHAPTERED 10/01/93 BILL TEXT CHAPTER 656 FILED WITH SECRETARY OF STATE OCTOBER 1, 1993 APPROVED BY GOVERNOR OCTOBER 1, 1993 PASSED THE ASSEMBLY SEPTEMBER 8, 1993 PASSED THE SENATE SEPTEMBER 7, 1993 AMENDED IN SENATE SEPTEMBER 2, 1993 AMENDED IN SENATE AUGUST 25, 1993 AMENDED IN SENATE AUGUST 17, 1993 AMENDED IN SENATE JULY 8, 1993 AMENDED IN ASSEMBLY MAY 28, 1993 AMENDED IN ASSEMBLY MAY 3, 1993 INTRODUCED BY Assembly Member Eastin MARCH 2, 1993 An act to amend Sections 40052, 40055, 40404, 40406, 41802, 43020, 43021, 43030, 43040, 43209, 43214, 43217, 43219, 43300, 43506, 43509, 43510, 43601, 44009, 44105, 44106, 45301, 45400, 45401, 45402, 45403, 45404, 45406, 47901, 48000, and 48004 of, to add Sections 40135.1, 40195.1, 43216.5, 43220, 43221, and 43610.1 to, to add and repeal Sections 43104 and 47200.5 of, to add Chapter 1.5 (commencing with Section 43100) to Part 4 of, Article 1.5 (commencing with Section 43230) to Chapter 2 of Part 4 of, and Article 3.5 (commencing with Section 47200) to Chapter 1 of Part 7 of, Division 30 of, to repeal Section 45407 of, to repeal Article 7 (commencing with Section 45700) of Chapter 1 of Part 5 of, and Part 6 (commencing with Section 46000) of, Division 30 of, the Public Resources Code, to amend Sections 45001, 45002, 45009, 45051, 45101, 45451, 45859, 45863, 45866, and 45901 of, to amend the heading of Part 23 (commencing with Section 45001) of, and the heading of Chapter 2 (commencing with Section 45051) of Part 23 of, Division 2 of, to amend and renumber Section 45151.1 of, to add Section 45651.5 to, and to repeal Sections 45052, 45151, and 45902 of, the Revenue and Taxation Code, and to amend Sections 13260 and 13320 of the Water Code, to amend Items 0860-001-387, 3910-001-387, 3940-001-001, and 3940-001-193, of, to amend and renumber Item 3940-001-435 of, and to repeal Items 0860-001-435 and 3910-101-435 of, Section 2.00 of the Budget Act of 1993 (Chapter 55 of the Statutes of 1993), relating to solid waste, making an appropriation therefore, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1220, Eastin. Solid waste: regulation: fees. (1) Existing law, the California Integrated Waste Management Act of 1989, requires the California Integrated Waste Management Board to adopt regulations which set forth minimum standards for solid waste management and require assurance of financial ability to pay for specified injury and property damage claims resulting from the operation of a disposal facility. The board is required to inspect each solid waste facility in the state each year. Under the act, each operator of a solid waste facility is required to pay a quarterly fee to the State Board of Equalization, based upon the amount of solid waste disposed of at each site, but the fee is prohibited from exceeding $1 per ton. The revenue from the fee is required to be deposited in the Integrated Waste Management Account in the Integrated Waste Management Fund and may be expended by the board, upon appropriation by the Legislature, to carry out the act. This bill would prohibit regulations of the board from including aspects of solid waste handling or disposal which are solely within the jurisdiction of the State Air Resources Board or the State Water Resources Control Board or a California regional water quality control board, and would provide that, if an owner or operator of a solid waste landfill is in compliance with certain air pollution requirements, the owner or operator is deemed to be in compliance with the board's landfill gas migration regulations. The bill would require the board and the State Water Resources Control Board to develop, by January 1, 1994, a work plan for combining specified financial assurance requirements. The bill would enact the Solid Waste Disposal Regulatory Reform Act of 1993, which would make a statement of legislative intent and would require the board and the State Water Resources Control Board to develop an implementation plan by July 1, 1994, to implement the bill and to adopt emergency regulations for implementation of the bill. The bill would delete the requirement that the board annually inspect each solid waste facility and would instead require the board to inspect the types and numbers of facilities determined necessary by the board. The bill would require the board, in conjunction with an inspection conducted by the local enforcement agency, to conduct at least one inspection every 18 months of each solid waste landfill and transformation facility in the state. The bill would revise the manner of review for closure plans and postclosure maintenance plans for solid waste landfills and would deem a solid waste landfill owner or operator which meets the board's closure and postclosure maintenance regulations to meet all state requirements for the adoption of a closure plan and postclosure maintenance plan. The bill would require the board and the State Water Resources Control Board to revise certain regulations, by June 30, 1994, to consolidate the closure and postclosure maintenance requirements of the board and the State Water Resources Control Board. The bill would revise the act's enforcement requirements with regard to the issuance of solid waste facilities permits, the inventory of solid waste facilities which violate state minimum standards, the referral of violations, and the taking of specified enforcement actions by the board. The bill would decrease the quarterly fee for solid waste disposal to 75 per ton of solid waste disposed of at each disposal site for the 1993-94 fiscal year, and would require, beginning October 1, 1993, each disposal facility to forward 18 per ton of that fee to the State Board of Equalization and to apply the remaining 57 toward specified purposes, and would prescribe related matters. The bill would, for the 1994-95 fiscal year, require the fee for solid waste disposed of to be$1.34 per ton, and, commencing with the 1995-96 fiscal year, would require the amount of the fee established by the board to be an amount that would generate sufficient revenues, as specified, but in an amount not to exceed $1.40 per ton. The bill would require the board to expend the funds in the Integrated Waste Management Account, upon appropriation by the Legislature, to issue grants to local enforcement agencies to carry out solid waste landfill permit and inspection programs and to cities, counties, or other local agencies for specified purposes with regard to the disposal of hazardous waste at solid waste disposal sites. The board would be required, upon appropriation by the Legislature, to allocate an amount of up to $60,000 to the Department of Toxic Substances Control from the account for expenditure for the 1993-94 fiscal year to develop and maintain a data base of household hazardous waste collection events, and would require the board to annually allocate up to $16,300 thereafter. The bill would additionally authorize the money in the account to be used for costs incurred by the State Water Resources Control Board and the California regional water quality control boards to regulate solid waste landfills and would make a declaration of legislative intent in that regard. e (2) Existing law, the Solid Waste Disposal Site Hazardous Reduction Act of 1989, requires operators of solid waste landfills to pay an annual fee to the State Board of Equalization, for deposit in the Solid Waste Disposal Site Cleanup and Maintenance Account in the Integrated Waste Management Fund. The money in that account is available, upon appropriation by the Legislature, for entering into loan guarantee agreements with owners and operators of solid waste landfills and making grants to cities, counties, or other local agencies for specified local programs and for an annual grant to the State Water Resources Control Board to assist in solid waste landfill permit and inspection programs, including for the taking of emergency corrective action. This bill would repeal that act, thereby abolishing that account, and would require the board to offset the amount of the quarterly fee deposited in the Integrated Waste Management Account by the amount of funds appropriated by the Legislature in the Budget Act of 1993 from the abolished Solid Waste Disposal Site Cleanup and Maintenance Account. The bill would require any funds remaining in the abolished Solid Waste Disposal Site Cleanup and Maintenance Account to be transferred to the Integrated Waste Management Account in the Integrated Waste Management Fund. (3) Existing law, the Solid Waste Disposal Site Cleanup and Maintenance Fee Law, specifies procedures for the collection of the fees imposed upon the disposal of solid waste. A violation of that law is a crime. This bill would rename the law the Integrated Waste Management Fee Law and would make revisions to that law with regard to the repeal of the annual solid waste disposal fee, as specified in (2) above. Since a failure to pay the increased quarterly disposal fee which would be imposed by the bill would be a crime pursuant to that law, the bill would impose a state-mandated local program. (4) The bill would amend the Budget Act of 1993 to revise amounts appropriated for support of the board. The bill would require the board to expend $5,750,000 from specified appropriations for a specified program for source reduction, public education, and market development programs. (5) The bill would appropriate $75,000 to the board from the California Used Oil Recycling Fund for expenditure during the 1993-94 fiscal year for the purpose of implementing a pilot program for funding claims submitted by state agencies for providing price preferences for the purchase of recycled products. (6) 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. (7) The bill would become operative only if AB 2136 is also enacted and takes effect. (8) The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 40052 of the Public Resources Code is amended to read: 40052. The purpose of this division is to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient and cost-effective manner to conserve water, energy and other natural resources, to protect the environment, to improve regulation of existing solid waste landfills, to ensure that new solid waste landfills are environmentally sound, to improve permitting procedures for solid waste management facilities, and to specify the responsibilities of local governments to develop and implement integrated waste management programs. SEC. 2. Section 40055 of the Public Resources Code is amended to read: 40055. (a) This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of any state agency in the enforcement or administration of any provision of law which it is specifically authorized or required to enforce or administer, including, but not limited to, the exercise by the state water board or the regional water boards of any of their powers and duties pursuant to Division 7 (commencing with Section 13000) of the Water Code, the exercise by the Department of Toxic Substances Control of any of its powers and duties pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, and the exercise by the State Air Resources Board or any air pollution control district or air quality management district of any of its powers and duties pursuant to Part 3 (commencing with Section 40000) of Division 26 of the Health and Safety Code. (b) The exercise of authority under this division, including, but not limited to, the adoption of regulations, plans, permits, or standards or any enforcement actions shall not duplicate or be in conflict with any determination relating to water quality control made by the state water board or regional water boards, including requirements in regulations adopted by or under the authority of the state water board. (c) Any plans, permits, standards, or corrective action taken under this division shall incorporate, as a condition of the action, any applicable waste discharge requirements issued by the state water board or a regional water board, and shall be consistent with all applicable water quality control plans adopted pursuant to Section 13170, and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7, of the Water Code and the state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code existing at the time of the action or proposed action. SEC. 3. Section 40135.1 is added to the Public Resources Code, to read: 40135.1. "Account" means the Integrated Waste Management Account created in the fund pursuant to Section 48001. SEC. 4. Section 40195.1 is added to the Public Resources Code, to read: 40195.1. (a) "Solid waste landfill" means a disposal facility that accepts solid waste for land disposal, but does not include a facility which receives only wastes generated by the facility owner or operator in the extraction, beneficiation, or processing of ores and minerals, or a cemetery which disposes onsite only the grass clippings, floral wastes, or soil resulting from activities on the grounds of that cemetery. (b) For the purposes of Article 3 (commencing with Section 43500) and Article 4 (commencing with Section 43600) of Chapter 2 of Part 4, "solid waste landfill" does not include a facility which receives only nonhazardous wood waste derived from timber production or wood product manufacturing. For the purposes of the fee imposed by Section 48000, facilities which receive only nonhazardous wood waste derived from timber production or wood product manufacturing shall, notwithstanding Section 48000, pay a quarterly fee to the state board on all solid waste disposed at each disposal site, which does not exceed the amount of the fee due and payable to the state board by those facilities during the 1992 calendar year. SEC. 5. Section 40404 of the Public Resources Code is amended to read: 40404. (a) The members of the board shall represent the state at large and not any particular area of the state and shall serve full time. (b) Except as provided in Section 40406 for specified members of the board the appointments to the board which are made by the Governor shall be subject to confirmation by the Senate in accordance with Article 2 (commencing with Section 1770) of Chapter 4 of Division 4 of Title 1 of the Government Code. SEC. 6. Section 40406 of the Public Resources Code is amended to read: 40406. (a) Except as provided for the initial board in subdivision (b), each member of the board shall be appointed for a term of four years. A vacancy shall be filled by the appointing power for the unexpired portion of the term in which it occurs. (b) The terms of the initial members of the board are as follows: (1) The term of the initial member appointed pursuant to subdivision (a) of Section 40401 ends on January 1, 1992. (2) The term of the initial member appointed pursuant to subdivision (b) of Section 40401 ends on January 1, 1993. (3) The term of one of the initial members appointed pursuant to subdivision (c) of Section 40401 ends on January 1, 1996. (4) The term of one of the initial members appointed pursuant to subdivision (c) of Section 40401 ends on January 1, 1997. (5) The term of the initial member appointed pursuant to subdivision (d) of Section 40401 ends on January 1, 1995. (6) The term of the initial members appointed pursuant to subdivision (e) of Section 40401 ends on January 1, 1994. (c) Notwithstanding subdivision (b) of Section 40404, the initial members appointed by the Governor pursuant to subdivision (c) of Section 40401 are not subject to confirmation by the Senate. (d) The Governor shall appoint the initial members appointed pursuant to subdivisions (a) and (b) of Section 40401 and transmit the appointment on or before July 1, 1990. The Senate shall confirm or refuse to confirm the appointments made pursuant to subdivision (a) or (b), or both, on or before a date which is 90 days after receipt of the notice of appointment. (e) If the Senate refuses or fails to confirm the appointments pursuant to subdivision (d), the Governor, on or before a date which is within 20 days after that refusal or failure, shall appoint another person and transmit the appointment and the Senate shall confirm or refuse to confirm that appointment on or before a date which is 90 days after receipt of the notice of appointment. (f) If the Senate takes no action to confirm or refuse to confirm an appointment pursuant to subdivision (d) or (e) on or before January 1, 1991, that appointment is deemed confirmed. SEC. 7. Section 41802 of the Public Resources Code is amended to read: 41802. (a) Within 120 days of receiving a city or county household hazardous waste element, the board shall approve or disapprove the element. (b) The board shall not disapprove a household hazardous waste element if the local agency preparing the element demonstrates to the board that, in implementing the household hazardous waste element, the local agency will comply with all of the following requirements: (1) The local agency will use feasible methods to properly reduce, collect, recycle, treat, and dispose of household hazardous waste generated within its jurisdiction. (2) The local agency will devote reasonable expenditures to the safe reduction, collection, recycling, treatment, and disposal of household hazardous waste, relative to the other expenditures required by this division, and relative to the expenditures for household hazardous waste programs which were awarded grants of funds pursuant to Section 46401 as it read on January 1, 1993. (3) The local agency will make all reasonable efforts to inform the public of, and to encourage public participation in, the household hazardous waste program. (4) Regardless of the number of household hazardous waste collection events held each year by a local agency, or the actual number of households served, the collection program is available for use by all households within the jurisdiction of the local agency, and provides a safe alternative for all residents within the jurisdiction of the local agency to properly and safely dispose of household hazardous waste. (c) (1) In determining whether a local agency meets the conditions for approval of a household hazardous waste element set forth in subdivision (b), the board shall consider the geographic size and population of the city or county and the quantity of household hazardous waste generated within the jurisdiction of the city or county. (2) The board may provide an exemption from the requirements of subdivision (b) if a city or a county demonstrates, and the board concurs, that compliance with those requirements is not feasible due to the small geographic size of the city or county and the small quantity of waste generated within the city or county. The board may establish alternative, but less comprehensive, requirements for those cities or counties to ensure compliance with this division. SEC. 8. Section 43020 of the Public Resources Code is amended to read: 43020. The board shall adopt and revise regulations which set forth minimum standards for solid waste handling, transfer, composting, transformation, and disposal, in accordance with this division, and Section 4520 of, and Chapter 6.5 (commencing with Section 25100) of Division 20 of, the Health and Safety Code. The board shall not include any requirements that are already under the authority of the State Air Resources Board for the prevention of air pollution or of the state water board for the prevention of water pollution. SEC. 9. Section 43021 of the Public Resources Code is amended to read: 43021. Regulations shall include standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, but shall not include aspects of solid waste handling or disposal which are solely of local concern or which are within the jurisdiction of the State Air Resources Board, air pollution control districts and air quality management districts, or the state water board or regional water boards. SEC. 10. Section 43030 of the Public Resources Code is amended to read: 43030. (a) The board shall adopt regulations that are consistent with Section 40055 governing the monitoring and control of the subsurface migration of landfill gas. (b) The board shall consult with the state water board, the State Air Resources Board, and the California Air Pollution Control Officers Association to ensure that the regulations do not conflict with any regulations adopted by the state water board and the State Air Resources Board or air pollution control districts and air quality management districts. (c) The regulations adopted by the board pursuant to subdivision (a) shall establish monitoring and control standards, based on the potential of the waste to generate landfill gas, as determined by the board, and shall require owners and operators of disposal sites or disposal facilities to report monitoring data and to perform, or cause to be performed, site inventories and evaluations of disposal sites or disposal facilities for the subsurface migration of landfill gas. (d) As part of the biennial report required to be submitted pursuant to Section 40507, the board shall report to the Legislature on the progress in implementing the monitoring and control program for the subsurface migration of landfill gas established pursuant to this section, and make recommendations, as needed, to improve the program. (e) If an owner or operator of a disposal site or disposal facility is in compliance with requirements of the air pollution control district or the air quality management district within whose jurisdiction the disposal site or disposal facility is located, the owner or operator shall be deemed to be in compliance with this section and with any regulations adopted by the board pursuant to this section. However, owners or operators of disposal sites and disposal facilities shall be required to comply with regulations adopted by the board pursuant to this section, which impose requirements not addressed by the requirements of the air pollution control district or the air quality management district within whose jurisdiction the disposal site or disposal facility is located. SEC. 11. Section 43040 of the Public Resources Code is amended to read: 43040. (a) The board shall adopt standards and regulations requiring that, as a condition for the issuance, modification, revision, or review of a solid waste facilities permit for a disposal facility, the operator of the disposal facility shall provide assurance of adequate financial ability to respond to personal injury claims and public or private property damage claims resulting from the operations of the disposal facility which occur before closure. (b) To the extent practicable and consistent with federal law and regulations, the board and the state water board shall, on or before January 1, 1994, develop a work plan for combining financial assurance requirements for operating liability with financial assurance requirements for corrective actions into one mechanism which provides appropriate coverage for both purposes. SEC. 12. Chapter 1.5 (commencing with Section 43100) is added to Part 4 of Division 30 of the Public Resources Code, to read: CHAPTER 1.5. THE SOLID WASTE DISPOSAL REGULATORY REFORM ACT OF 1993 43100. This chapter shall be known, and may be cited, as the Solid Waste Disposal Regulatory Reform Act of 1993. 43101. The Legislature hereby finds and declares as follows: (a) The board and the state water board have submitted a report entitled Joint Report: Reforming the California Solid Waste Disposal Regulatory Process, and have recommended legislation to the Governor and the Legislature that identifies areas of regulatory overlap, conflict, and duplication and makes recommendations for change. (b) The report found that regulatory overlap, conflict, and duplication were evident between the board and the state water board and between the board and local enforcement agencies and that regulatory reform was necessary to streamline the state's solid waste disposal regulatory process. In addition, it was found that a recasting of the solid waste facilities permit was warranted to make more efficient and streamlined the permitting and regulation of solid waste disposal facilities. The report also makes numerous other appropriate recommendations for improving the manner in which the management of solid waste is regulated by the state which require immediate legislative response. (c) It is, therefore, the intent of the Legislature, in enacting this chapter, and in making the necessary revisions to this division and Division 7 (commencing with Section 13000) of the Water Code by the act enacting this chapter, to accomplish all of the following: (1) As provided by Sections 40054 and 40055, the board, the state water board, and the regional water boards shall retain their appropriate statutory authority over solid waste disposal facilities and sites. A clear and concise division of authority shall be maintained in both statute and regulation to remove all areas of overlap, duplication, and conflict between the board and the state water board and regional water boards, or between the board and any other state agency, as appropriate. (2) The state water board and regional water boards shall be the sole agencies regulating the disposal and classification of solid waste for the purpose of protecting the waters of the state, consistent with Section 40055, and the board and the certified local enforcement agencies shall regulate all other aspects of solid waste disposal within the scope of their appropriate regulatory authority. (3) To effectuate that clear division of authority, the board and the state water board shall develop one consolidated set of solid waste disposal facility regulations where distinct chapters are written and implemented by the appropriate agency, and one consolidated permit application, including one technical report to incorporate the requirements of both the solid waste facilities permit and waste discharge requirements. (4) The process and timeframe for the review and approval of the consolidated application shall be revised to allow, to the greatest extent feasible, for the concurrent development and review of the waste discharge requirements and the solid waste facilities permit. The intent of this permit streamlining effort is to shorten the overall timeframe for processing a permit and to accommodate concurrent reviews by the local enforcement agency and the regional water boards within a set timeframe. (5) Any details of a concurrent permit approval process shall be worked out in an implementation plan that is developed jointly by the board and state water board with input from interested parties. (6) If practicable, joint inspections of facilities shall be conducted by the board, regional water boards, and local enforcement agencies, and inspection reports shall be shared with any other affected state or local agency. (7) The closure and postclosure maintenance requirements of the board and the state water board for solid waste landfills shall be combined into one set of consolidated regulations which require one closure and postclosure maintenance plan to be prepared for each solid waste landfill. (8) A clear and concise division of responsibilities shall be maintained to minimize overlap and duplication of permitting, inspection, and compliance duties between the board and certified local enforcement agencies. The board's primary role in regard to permitting and compliance shall be to provide technical assistance and ongoing training and support to local enforcement agencies, to ensure a local enforcement agency's performance in complying with state minimum standards, and to review permits and other documents submitted by local enforcement agencies for board concurrence or approval. The board shall strengthen the state certification and evaluation program for local enforcement agencies and shall set clear and uniform standards to be met by local enforcement agencies. (9) The Solid Waste Disposal Site Cleanup and Maintenance Account shall be abolished and a solid waste disposal fee established for deposit in the Integrated Waste Management Account which provides adequate funding for all obligations imposed pursuant to this division. In addition, the costs of the state water board and the regional water boards of regulating solid waste facilities shall be funded from the account. (10) The Solid Waste Assessment Test Program shall continue operating with resources from the Integrated Waste Management Account until all of the ranked solid waste disposal sites are reviewed. (11) Responsibility for establishing and enforcing financial responsibility requirements for solid waste landfills, from operation through to cleanup, shall, to the greatest extent practicable and consistent with applicable federal law, be consolidated into one set of regulations administered by the board, in consultation with the state water board. (12) At a minimum, the financial assurance requirements for closure and postclosure maintenance shall be combined, and the requirements for corrective action and operating liability shall be reviewed, as required by subdivision (b) of Section 43040, to determine if there can be further consolidation of financial assurance requirements for solid waste landfills. (13) The state water board or the appropriate regional water board shall have access to the financial assurance funds for closure and postclosure activities and to financial assurance funds for corrective action, as necessary, to address water quality problems, if the owner or operator has failed to implement the required closure and postclosure activities or corrective action activities. (d) It is the intent of the Legislature, in enacting this chapter, and in making the necessary revisions to this division and Division 7 (commencing with Section 13000) of the Water Code, to ensure that the state minimum standards for environmental protection at solid waste disposal facilities are not reduced. 43102. On or before July 1, 1994, the board and the state water board shall jointly develop a plan to implement the changes made to this division and Division 7 (commencing with Section 13000) of the Water Code by the act adding this chapter, and shall make recommendations for additional reforms to both statutory law and regulations, which are consistent with the intent specified in Section 43101. In developing an implementation plan, the board and the state water board shall seek the active participation of representatives of local government, other state agencies, the regulated community, environmental organizations, and interested parties. At a minimum, the implementation plan shall include a work plan for revising regulations, a timeline for implementation, and a description of necessary administrative actions. 43103. The board and the state water board shall adopt regulations for the implementation of the changes required by this chapter, and the act adding this chapter. 43104. (a) It is the intent of the Legislature that any funds which are appropriated by the Legislature to the board for the purposes of this chapter, that are not expended for those purposes, be expended by the board to implement source reduction, recycling, public education, and market development programs required by this division. (b) This section shall become inoperative on July 1, 1994, and as of January 1, 1995, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1995, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 13. Section 43209 of the Public Resources Code is amended to read: 43209. The local enforcement agency, within its jurisdiction and consistent with its certification by the board, shall do all of the following: (a) Enforce applicable provisions of this part, regulations adopted under this part, and terms and conditions of permits issued pursuant to Chapter 3 (commencing with Section 44001). (b) Request enforcement by appropriate federal, state, and local agencies of their respective laws governing solid waste storage, handling, and disposal. (c) File with the board, upon its request, information the board determines to be necessary. (d) Develop, implement, and maintain inspection, enforcement, permitting, and training programs. (e) Adopt an enforcement program consisting of regulations necessary to implement this chapter and the standards adopted pursuant thereto, and to establish specific local standards for solid waste handling and disposal subject to approval by a majority vote of its local governing body. However, any such regulation shall be consistent with this title and all regulations adopted by the board. The enforcement program shall also include a description of the locally adopted procedures for the permit and inspection program pursuant to Chapter 3 (commencing with Section 44001). (f) Keep and maintain records of its inspection, enforcement, permitting, training, and regulatory programs, and of any other official action in accordance with regulations adopted by the board. (g) Consult, as appropriate, with the appropriate local health agency concerning all actions which involve health standards. The consultation shall include affording the health agency adequate notice and opportunity to conduct and report the evaluation as it reasonably determines is appropriate. SEC. 14. Section 43214 of the Public Resources Code is amended to read: 43214. (a) The board shall, on or before October 1, 1993, develop performance standards for evaluating certified local enforcement agencies and shall periodically review each certified local enforcement agency and its implementation of the permit, inspection, and enforcement program. The board's review shall include periodic inspections of solid waste facilities within the jurisdiction of each local enforcement agency for the purpose of evaluating whether the local enforcement agency is appropriately applying and enforcing state minimum standards at solid waste sites within its jurisdiction. (b) Following initial certification of a local enforcement agency by the board, the board shall conduct a performance review of the local enforcement agency every 18 months, or more frequently as determined by the board. (c) In conducting performance reviews of local enforcement agencies, the board shall, based on the performance standards developed pursuant to subdivision (a), determine whether each local enforcement agency is in compliance with the requirements of this article and the regulations adopted to implement this article. If the board finds that a local enforcement agency is not fulfilling its responsibilities pursuant to this article and if the board also finds that this lack of compliance has contributed to significant noncompliance with state minimum standards at solid waste facilities within the jurisdiction of the local enforcement agency, the board shall withdraw its approval of designation pursuant to Sections 43215 and 43216. Notwithstanding Sections 43215 and 43216, if the board finds that conditions at solid waste facilities within the jurisdiction of the local enforcement agency threaten public health and safety or the environment, the board shall, within 10 days of notifying the local enforcement agency, become the enforcement agency until another local enforcement agency is designated locally and certified by the board. (d) The board shall find that a local enforcement agency is not fulfilling its responsibilities pursuant to this article, and may take action as prescribed by subdivision (c), if the board, in conducting its performance review, makes one or more of the following findings with regard to compliance with this part and Part 5 (commencing with Section 45000): (1) The local enforcement agency has failed to inspect solid waste facilities and disposal sites. (2) The local enforcement agency has intentionally misrepresented the results of inspections. (3) The local enforcement agency has failed to prepare, or cause to be prepared, permits, permit revisions, or closure and postclosure maintenance plans. (4) The local enforcement agency has approved permits, permit revisions, or closure and postclosure maintenance plans which are not consistent with this part and Part 5 (commencing with Section 45000). (5) The local enforcement agency has failed to take appropriate enforcement actions. SEC. 15. Section 43216.5 is added to the Public Resources Code, to read: 43216.5. In addition to the procedures for board withdrawal of its approval of a local enforcement agency's designation pursuant to Sections 43214, 43215, and 43216, the board may take any actions which are determined by the board to be necessary to ensure that local enforcement agencies fulfill their obligations under this chapter. To ensure that a local enforcement agency is appropriately fulfilling its obligations under this chapter and implementing regulations, the board may conduct more frequent inspections and evaluations within a local enforcement agency's jurisdiction, establish a schedule and probationary period for improved performance by a local enforcement agency, assume partial responsibility for specified local enforcement agency duties, and implement any other measures which may be determined by the board to be necessary to improve local enforcement agency compliance. SEC. 16. Section 43217 of the Public Resources Code is amended to read: 43217. The board shall provide ongoing training, technical assistance, and guidance to local enforcement agencies to assist in their decisionmaking processes. This assistance shall include, but is not limited to, providing all of the following: (a) Technical studies and reports. (b) Copies of innovative solid waste facility operation plans. (c) Investigative findings and analyses of new solid waste management practices and procedures. (d) A program for loaning technical and scientific equipment, to the extent that funds are available to the board to purchase that equipment. SEC. 17. Section 43219 of the Public Resources Code is amended to read: 43219. (a) The board may, at its discretion, conduct inspections and investigations of solid waste facilities in order to evaluate the local enforcement agency and to ensure that state minimum standards are met. (b) Except as otherwise provided by Section 43220, the board, in conjunction with an inspection conducted by the local enforcement agency, shall conduct inspections of solid waste facilities within the jurisdiction of each local enforcement agency. The board shall inspect the types and number of solid waste facilities which are determined by the board to be necessary to adequately evaluate whether the local enforcement agency is ensuring compliance by solid waste facilities with state minimum standards. A written inspection report shall be prepared and submitted within 30 days of the inspection to the local enforcement agency. (c) If the board identifies any significant violation of state minimum standards that were not identified and resolved through previous inspections by the local enforcement agency, the board shall take appropriate action as authorized by Sections 43215 and 43216.5. (d) Notwithstanding any other provision of this section and Sections 43215 and 43216, if, as a result of a facility inspection conducted pursuant to subdivision (b), the board finds that conditions at a solid waste facility within the jurisdiction of a local enforcement agency threaten public health and safety or the environment, the board shall, within 10 days of notifying the local enforcement agency, become the enforcement agency until another local enforcement agency is designated locally and certified by the board. SEC. 18. Section 43220 is added to the Public Resources Code, to read: 43220. The board, in conjunction with an inspection conducted by the local enforcement agency, shall conduct at least one inspection every 18 months of each solid waste landfill and transformation facility in the state. A written inspection report shall be prepared and submitted within 30 days of the inspection to the local enforcement agency. If the board identifies any significant violation of state minimum standards that was not resolved through previous inspections by the local enforcement agency, the board shall take appropriate action as authorized by Sections 43215 and 43216.5 and subdivision (d) of Section 43219. SEC. 19. Section 43221 is added to the Public Resources Code, to read: 43221. In conjunction with the annual report required by Section 40507, the board shall report to the Legislature annually on the status of the certification and evaluation of local enforcement agencies pursuant to this chapter. SEC. 20. Article 1.5 (commencing with Section 43230) is added to Chapter 2 of Part 4 of Division 30 of the Public Resources Code, to read: Article 1.5. Local Enforcement Agency Grants 43230. The board shall expend funds from the account, upon appropriation by the Legislature, for the making of grants to local enforcement agencies to carry out the solid waste facilities permit and inspection program pursuant to Chapter 3 (commencing with Section 44001). The total amount of grants made by the board pursuant to this section shall not exceed, in any one fiscal year, one million five hundred thousand dollars ($1,500,000). 43231. The board shall adopt regulations for the implementation of this article. 43232. All expenses which are incurred by the board in carrying out this article are payable solely from the account. No liability or obligation is imposed upon the state pursuant to this part, and the board shall not incur a liability or obligation beyond the extent to which money is provided in the account for the purposes of this article. SEC. 21. Section 43300 of the Public Resources Code is amended to read: 43300. The board, when acting in its capacity as an enforcement agency, may enforce all provisions of this division, and the regulations adopted thereto, for the protection of the environment and the public health and safety, and from nuisance. SEC. 22. Section 43506 of the Public Resources Code is amended to read: 43506. (a) After receiving a complete closure plan and postclosure maintenance plan, the regional water board shall approve or disapprove the plans pursuant to the authority and time schedules specified in Division 7 (commencing with Section 13000) of the Water Code. The board shall incorporate the action of the regional water board and shall only approve plans that include an acceptable mechanism for providing the necessary funds to implement the plans. (b) In reviewing closure plans and postclosure maintenance plans pursuant to this section, the regional water boards shall review and take action on those portions of the plans which are related to the protection of the waters of the state and the board shall review and take action on the remaining portions of the plans. SEC. 23. Section 43509 of the Public Resources Code is amended to read: 43509. (a) The board, in consultation with the state water board and in compliance with Section 40055, shall adopt and amend regulations specifying closure plan and postclosure maintenance plan adoption procedures and uniform standards to implement Section 43601. Regulations adopted pursuant to this section shall not include standards and requirements contained in regulations adopted by the State Water Resources Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. The regulations shall also require solid waste landfill owners or operators to calculate, and periodically revise, cost estimates for closure and for postclosure maintenance, for as long as the solid waste could have an adverse effect on the quality of the waters of the state, but not less than 30 years after closure unless all wastes are removed in accordance with federal and state law. (b) The board may adopt regulations that authorize the adoption of both preliminary and final closure and postclosure maintenance plans. Regulations for preliminary closure and postclosure maintenance plans may require less specificity and engineering detail than final closure and postclosure maintenance plans, and these regulations shall apply only in those cases in which there is reasonable certainty that the solid waste landfill will not close for at least one year following approval of the plans. Preliminary closure and postclosure maintenance plans shall provide sufficient detail to enable the owner or operator and the board to accurately estimate the costs for closure and postclosure maintenance. (c) If a solid waste landfill owner or operator has submitted a closure plan and postclosure maintenance plan which satisfies the requirements of this chapter, and which has been approved by the local enforcement agency, the board, and the appropriate regional water board, the plans shall be deemed to have satisfactorily complied with all state requirements for the adoption of a closure plan and postclosure maintenance plan. SEC. 24. Section 43510 of the Public Resources Code is amended to read: 43510. (a) The regulations adopted by the board pursuant to this article and Article 4 (commencing with Section 43600) shall not duplicate or conflict with the regulations imposing closure and postclosure maintenance requirements adopted by the state water board which are found in Chapter 15 (commencing with Section 2510) of Chapter 3 of Title 23 of the California Code of Regulations. (b) On or before June 30, 1995, the board and the state water board shall revise the regulations adopted pursuant to this article and Article 4 (commencing with Section 43600) of this chapter and Section 13172 of the Water Code for the purpose of consolidating the requirements of the board and the state water board for closure and postclosure maintenance into one set of regulations. SEC. 24.5. Section 43601 of the Public Resources Code is amended to read: 43601. (a) The evidence of financial ability shall be sufficient to meet the closure and postclosure maintenance costs when needed. (b) Owners and operators of disposal sites shall provide evidence of financial ability through the use of any of the mechanisms set forth in Part 258 (commencing with Section 258.1) of Title 40 of the Code of Federal Regulations or through the use of any other mechanisms approved by the board. However, the board may adopt regulations which reasonably condition the use of one or more of those mechanisms to ensure adequate protection of public health and safety and the environment, but shall not exclude the use of any mechanism permitted under federal law. In addition, the assurances of financial responsibility submitted pursuant to Section 43600 shall provide that funds shall be available to the regional water boards upon the issuance of any order under Chapter 5 (commencing with Section 13300) of Division 7 of the Water Code to implement closure and postclosure activities. (c) The state water board or the appropriate regional water board shall have access to the financial assurance funds for closure and postclosure activities, and to financial assurance funds for corrective action, as necessary, to address water quality problems, if the owner or operator has failed to implement the required closure and postclosure activities or corrective action activities. SEC. 25. Section 43610.1 is added to the Public Resources Code, to read: 43610.1. A disposal site owner or operator who meets the requirements of this article and its implementing regulations shall be deemed to have satisfactorily complied with all state requirements for financial ability to provide for closure and postclosure maintenance costs. SEC. 25.5. Section 44009 of the Public Resources Code is amended to read: 44009. (a) The board shall, in writing, concur or object to the issuance, modification, or revision of any solid waste facilities permit within 60 days of the board's receipt of any proposed solid waste facilities permit submitted under Section 44007 after consideration of the issues in this section. If the board determines that the permit is not consistent with the state minimum standards adopted pursuant to Section 43020, or is not consistent with Sections 43040, 44007, 44010, 44017, 44150, and 44152 or Division 31 (commencing with Section 50000), it shall object to provisions of the permit, and shall submit those objections to the local enforcement agency for its consideration. Until a countywide integrated waste management plan has been approved by the board pursuant to this division, if the board determines, based on substantial evidence in the record, that issuance of the permit would prevent or substantially impair achievement of the diversion requirements prescribed in Section 41780, the board shall object to the permit and shall submit its determination and specific objections to the local enforcement agency, the applicant, and the city or county within which the facility is located for their consideration. If the board fails to concur or object in writing within 60 days, it shall be deemed to have concurred in the issuance of the permit as submitted to it. (b) Notwithstanding subdivision (a), the board is not required to concur in, or object to, and shall not be deemed to have concurred in, the issuance of a solid waste facilities permit for a disposal facility if the owner or operator is not in compliance with, as determined by the regional water board, an enforcement order issued pursuant to Chapter 5 (commencing with Section 13300) of Division 7 of the Water Code, or if all of the following conditions exist: (1) Waste discharge requirements for the disposal facility issued by the applicable regional water board are pending review in a petition before the state water board. (2) The petition for review of the waste discharge requirements includes a request for a stay of the waste discharge requirements. (3) The state water board has not taken action on the stay request portion of the pending petition for review of waste discharge requirements. (c) In objecting to the issuance, modification, or revision of any solid waste facilities permit pursuant to this section, the board shall, based upon substantial evidence in the record on the matter before the board, state its reasons for objecting. The board shall not object to the issuance, modification, or revision of any solid waste facilities permit unless it finds that the permit is not consistent with state minimum standards adopted pursuant to Section 43020, or is not consistent with Section 43040, 44007, 44010, 44017, 44150, or 44152, or Division 31 (commencing with Section 50000). SEC. 26. Section 44105 of the Public Resources Code is amended to read: 44105. (a) The board shall maintain an inventory of all permitted solid waste facilities and shall conduct inspections as required by Sections 43214 and 43219 and as authorized by Part 5 (commencing with Section 45000). (b) The board shall assist local enforcement agencies in inspections of illegal, abandoned, inactive, or closed disposal sites to ensure that public health and safety and the environment are adequately protected. (c) The board shall refer all violations of Division 7 (commencing with Section 13000) to the appropriate regional water board and shall refer all other violations to the local enforcement agency. SEC. 27. Section 44106 of the Public Resources Code is amended to read: 44106. (a) The enforcement agency shall develop a compliance schedule for a solid waste facility included in the inventory prepared pursuant to Section 44104. The compliance schedule shall ensure that diligent progress will be made to bring the solid waste facility into compliance. (b) Except as provided in subdivision (d), if the solid waste facility is not in compliance with the schedule established by the local enforcement agency, the local enforcement agency may revoke the operating permit of the solid waste facility until the violations of state minimum standards are remedied. If a closed or abandoned disposal site is not in compliance within the one-year period, the unremedied condition is prima facie evidence of negligence; and, in any action for damages against the owner of the property for injury caused by the unremedied condition, the burden of proving that the injury was not caused by the unremedied condition shall be on the owner of the property. (c) The enforcement agency may recover any costs incurred pursuant to this section by charging the fee authorized by Section 43213. (d) The enforcement agency shall refer violations of a waste discharge requirement adopted under Section 13263 of the Water Code to the appropriate regional water board. SEC. 28. Section 45301 of the Public Resources Code is amended to read: 45301. At least 10 days before issuing an enforcement order which is not for an emergency, within five days after issuing an enforcement order for an emergency, or within 15 days after discovering a violation of a state law, regulation, or term or condition of a solid waste facilities permit, for a disposal site or disposal facility which is likely to result in an enforcement action, the following agencies shall provide a written statement providing an explanation of, and justification for, the enforcement order or a description of the violation in the following manner: (a) The local enforcement agency shall provide the statement to the regional water board, the board, the air pollution control district or air quality management district, and the Department of Toxic Substances Control. (b) A regional water board shall provide the statement to the local enforcement agency, the board, the air pollution control district or air quality management district, and the Department of Toxic Substances Control. (c) An air pollution control district or an air quality management district shall provide the statement to the local enforcement agency, the board, the regional water board, and the Department of Toxic Substances Control. (d) The Department of Toxic Substances Control shall provide the statement to the local enforcement agency, the board, the regional water board, and the air pollution control district or air quality management district. SEC. 29. Section 45400 of the Public Resources Code is amended to read: 45400. (a) Upon the request of a local enforcement agency or regional water board or upon its own initiative, if the local enforcement agency has failed to take enforcement action as required by this division and has been notified by the board of that failure pursuant to Section 43215, and no other local enforcement agency is designated, the board shall, pursuant to Section 43216, be the enforcement agency and enforce this division within the local jurisdiction pursuant to Section 43300. In taking any such enforcement action, the board is vested, in addition to its other powers, with all the powers of a local enforcement agency under this division. (b) Notwithstanding any other provision of this section and Sections 43215 and 43216, if the board finds that the failure to take enforcement action pursuant to subdivision (a) constitutes a threat to public health and safety or the environment, the board shall become the enforcement agency, within 10 days of notifying the local enforcement agency, and shall enforce this division until another enforcement agency is designated locally and certified by the board. SEC. 30. Section 45401 of the Public Resources Code is amended to read: 45401. (a) When acting as the enforcement agency pursuant to Section 45400, the board may require the owner or operator of a solid waste landfill to do either or both of the following: (1) Take corrective action as necessary to abate a nuisance or protect human health and safety and the environment. (2) Prepare and implement a closure plan and postclosure maintenance plan. (b) The board, as the enforcement agency, may expend funds available to it from the account in preparing and issuing an order under this article, to the extent that funds are appropriated by the Legislature for that purpose. SEC. 31. Section 45402 of the Public Resources Code is amended to read: 45402. (a) When acting as the enforcement agency pursuant to Section 45400, the board may contract for the preparation and, if necessary, the implementation of any closure plan or postclosure maintenance plan required by Article 3 (commencing with Section 43500) of Chapter 2 of Part 4 after issuance of an order pursuant to Section 45401 and the failure of the owner or operator to comply on or before the date specified in the order. (b) The board may, as the enforcement agency, expend funds allocated from the account to carry out this section, to the extent that funds are appropriated by the Legislature for that purpose. SEC. 32. Section 45403 of the Public Resources Code is amended to read: 45403. (a) When acting as the enforcement agency pursuant to Section 45400, the board may contract for corrective action after the issuance of an order pursuant to Section 45401 and failure of the owner and operator to comply on or before the date specified in the order. (b) The board, as the enforcement agency, may expend funds allocated from the account to carry out this section, to the extent that funds are appropriated by the Legislature for that purpose. SEC. 33. Section 45404 of the Public Resources Code is amended to read: 45404. (a) If the board expends any funds pursuant to Section 45402 or 45403, the owner and the operator of the solid waste landfill shall pay the board an amount equal to the amount expended, a reasonable amount for the board's cost of contract administration, and an amount equal to the interest that would have been earned on the expended funds. (b) The amount of any cost incurred by the board pursuant to this section shall be recoverable in a civil action by the board or, upon request of the board pursuant to Section 40432, by the Attorney General. (c) Any amounts recovered, except amounts payable to the board for contract administration, shall be deposited in the account. SEC. 34. Section 45406 of the Public Resources Code is amended to read: 45406. Nothing in this division affects, or shall be construed to duplicate or conflict with, the authority of the state water board or a regional water board to issue enforcement orders or take corrective actions with regard to solid waste landfills pursuant to Division 7 (commencing with Section 13000) of the Water Code. SEC. 34.5. Section 45407 of the Public Resources Code is repealed. SEC. 35. Article 7 (commencing with Section 45700) of Chapter 1 of Part 5 of Division 30 of the Public Resources Code is repealed. SEC. 36. Part 6 (commencing with Section 46000) of Division 30 of the Public Resources Code is repealed. SEC. 37. Article 3.5 (commencing with Section 47200) is added to Chapter 1 of Part 7 of Division 30 of the Public Resources Code, to read: Article 3.5. Household Hazardous Waste Grants 47200. (a) Beginning July 1, 1994, the board shall expend funds from the account, upon appropriation by the Legislature, for the making of grants to cities, counties, or other local agencies with responsibility for solid waste management, for local programs to help prevent the disposal of hazardous wastes at disposal sites, including, but not limited to, programs to expand or initially implement household hazardous waste programs. In making grants pursuant to this section, the board shall give priority to funding programs which provide for the following: (1) New programs for rural areas, underserved areas, and for small cities. (2) Expansion of existing programs to provide for the collection of additional waste types, innovative or more cost-effective collection methods, or expanded public education services. (3) Regional household hazardous waste programs. (b) The total amount of grants made by the board pursuant to this section shall not exceed, in any one fiscal year, three million dollars ($3,000,000). 47200.5. (a) If the city, county, or local agency with responsibility for solid waste management has already funded the type of program described in Section 47200 locally during the 1992-93 fiscal year, the board shall award the minimum amount of the funds in the account to reimburse that city, county, or local agency for the actual cost of the local program in that fiscal year or an amount from the account which is based upon the proportion that the population of the city, county, or local agency bears to the statewide population, whichever is less. This section does not limit the authority of the board to award grants of funds from the account in excess of, or in addition to, the minimum grants set forth in this section, in accordance with the grant criteria. (b) The total amount of grants made by the board pursuant to this section shall not exceed four million dollars ($4,000,000). (c) The board shall advise cities, counties, and local agencies with responsibility for solid waste management of the application period and final filing deadline for the grants authorized to be awarded by the board pursuant to this section. (d) This section shall become inoperative on July 1, 1994, and as of January 1, 1995, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 1995, deletes or extends the dates on which it becomes inoperative and is repealed. 47201. The board shall adopt regulations for implementation of this article, including, but not limited to, criteria for selecting grant recipients. 47202. All expenses incurred by the board in carrying out this article shall be payable from the account. No liability or obligation is imposed upon the state pursuant to this part, and the board shall not incur any liability or obligation beyond the extent to which money is provided in the account for the purposes of this article. 47203. Upon appropriation by the Legislature, the board shall allocate, from the account, an amount not to exceed sixty thousand dollars ($60,000), to the Hazardous Waste Control Account, for expenditure for the 1993-94 fiscal year, to the Department of Toxic Substances Control, for the development and maintenance, jointly with the board, of a data base of all household hazardous waste collection events, facilities, and programs within the state. On and after July 1, 1994, upon appropriation by the Legislature, the board shall allocate an amount from the account of not more than sixteen thousand three hundred dollars ($16,300) in each fiscal year for that purpose. SEC. 38. Section 47901 of the Public Resources Code is amended to read: 47901. (a) All revenues received by the board shall be deposited in the specified account in the fund. Any revenue received by the board for which no account is specified shall be deposited in the Integrated Waste Management Account created by Section 48001 in the fund. The board may establish or modify other subaccounts in the account, as appropriate and necessary for proper administration. (b) Any funds remaining in the Solid Waste Disposal Site Cleanup and Maintenance Account in the Integrated Waste Management Fund shall be transferred to the Integrated Waste Management Account in the Integrated Waste Management Fund, consistent with Section 16346 of the Government Code. (c) Any expenditures charged to the Solid Waste Disposal Site Cleanup and Maintenance Account in the fund shall be transferred to the Integrated Waste Management Account. SEC. 39. Section 48000 of the Public Resources Code is amended to read: 48000. (a) Each operator of a disposal facility shall pay a fee quarterly to the State Board of Equalization which is based on the amount, by weight or volumetric equivalent, as determined by the board, of all solid waste disposed of at each disposal site. (b) (1) For the 1993-94 fiscal year, the fee for the disposal of solid waste shall be seventy-five cents ($0.75) per ton. (2) Notwithstanding paragraph (1), each disposal facility operator shall forward, between October 1, 1993, and December 31, 1993, an adjusted fee rate of eighteen cents ($0.18) per ton of the fee imposed pursuant to this subdivision to the State Board of Equalization and each disposal facility operator shall apply fifty-seven cents ($0.57) per ton of the fee to any of the following purposes: (A) The facility's closure and postclosure maintenance fund required by Section 43601. (B) Programs to divert hazardous waste from solid waste landfills. (C) Implementation of Part 258 (commencing with Section 258.1) of Title 40 of the Code of Federal Regulations. (D) Corrective actions at the disposal facility. (3) During the period from October 1, 1993, to December 31, 1994, inclusive, each disposal facility operator shall provide the board with information concerning the use of that portion of the fee imposed pursuant to this paragraph which, pursuant to subdivision (2), was not required to be forwarded to the State Board of Equalization. (c) For the 1994-95 fiscal year, the fee for solid waste disposed of shall be one dollar and thirty-four cents ($1.34) per ton. Commencing with the 1995-96 fiscal year, the amount of the fee shall be established by the board at an amount that is sufficient to generate revenues equivalent to the approved budget for that fiscal year, including a prudent reserve, but shall not exceed one dollar and forty cents ($1.40) per ton. (d) The board shall notify the State Board of Equalization on the first day of the period in which the rate shall take effect of any rate change adopted pursuant to this section. SEC. 40. Section 48004 of the Public Resources Code is amended to read: 48004. (a) The money in the account shall be used by the board, upon appropriation by the Legislature, for the following purposes: (1) The administration and implementation of this division by the board. (2) The state water board's and regional water board's administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites. (b) It is the intent of the Legislature that an amount which is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge. (c) Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section, or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the board. SEC. 41. The heading of Part 23 (commencing with Section 45001) of Division 2 of the Revenue and Taxation Code is amended to read: PART 23. INTEGRATED WASTE MANAGEMENT FEE LAW SEC. 42. Section 45001 of the Revenue and Taxation Code is amended to read: 45001. This part shall be known, and may be cited, as the Integrated Waste Management Fee Law. SEC. 43. Section 45002 of the Revenue and Taxation Code is amended to read: 45002. The collection and administration of the fee imposed pursuant to Section 48000 of the Public Resources Code shall be governed by the definitions contained in Chapter 2 (commencing with Section 40100) of Part 1 of Division 30 of the Public Resources Code, unless expressly superseded by the definitions contained in this part. SEC. 44. Section 45009 of the Revenue and Taxation Code is amended to read: 45009. "Fee payer" means any person who is liable for payment of the fee imposed pursuant to Section 48000 of the Public Resources Code. SEC. 45. The heading of Chapter 2 (commencing with Section 45051) of Part 23 of Division 2 of the Revenue and Taxation Code is amended to read: CHAPTER 2. THE INTEGRATED WASTE MANAGEMENT FEE SEC. 46. Section 45051 of the Revenue and Taxation Code is amended to read: 45051. The fee imposed pursuant to Section 48000 of the Public Resources Code shall be administered and collected by the board in accordance with this part. SEC. 47. Section 45052 of the Revenue and Taxation Code is repealed. SEC. 48. Section 45101 of the Revenue and Taxation Code is amended to read: 45101. Every person who operates a solid waste landfill required to have a solid waste facilities permit pursuant to Chapter 3 (commencing with Section 44001) of Part 4 of the Public Resources Code shall register with the board. SEC. 49. Section 45151 of the Revenue and Taxation Code is repealed. SEC. 50. Section 45151.1 of the Revenue and Taxation Code is amended and renumbered to read: 45151. (a) The fee imposed pursuant to Section 48000 of the Public Resources Code is due and payable to the board quarterly on or before the 25th day of the calendar month following the quarterly period for which the fee is due. Each fee payer shall prepare a return in the form as prescribed by the board, showing the total amount of solid waste subject to the fee, the amount of fee for the period covered by the return, and any other information that the board determines to be necessary. (b) The fee payer shall deliver the return, together with a remittance of the amount of fee due, to the office of the board on or before the 25th day of the calendar month following the quarterly period for which the fee is due. SEC. 51. Section 45451 of the Revenue and Taxation Code is amended to read: 45451. (a) If any person fails to pay any amount imposed pursuant to this part at the time that it becomes due and payable, the amount thereof, including penalties and interest, together with any costs in addition thereto, shall thereupon be a perfected and enforceable state tax lien. A lien is subject to Chapter 14 (commencing with Section 7150 of Division 7 of Title 1 of the Government Code. (b) For the purpose of this section, amounts are due and payable on the following dates: (1) For amounts disclosed on a report received by the board before the date the return is delinquent, the date the amount would have been due and payable. (2) For amounts disclosed on a report filed on or after the date the return is delinquent, the date the return is received by the board or the year following the fee due date pursuant to Section 45151, whichever is later. (3) For amounts determined under Section 45351, pertaining to jeopardy assessments, the date the notice of the board's finding is mailed or issued. (4) For all other amounts, the date the assessment is final. SEC. 51.5. Section 45651.5 is added to the Revenue and Taxation Code, to read: 45651.5. When an amount represented by a person to a customer as constituting reimbursement for fees due under this part is computed upon an amount that is not subject to that fee or is in excess of that fee amount due and is actually paid by the customer to the person, the amount so paid shall be returned by the person to the customer upon notification by the State Board of Equalization or by the customer that the excess has been ascertained. If the person fails or refuses to do so, the amount so paid, if knowingly or mistakenly computed by the person upon an amount that is not subject to the fee or is in excess of the fee due, shall be remitted by that person to the State Board of Equalization. SEC. 52. Section 45859 of the Revenue and Taxation Code is amended to read: 45859. The board shall conduct an annual hearing before the full board where industry representatives and individual fee payers are allowed to present their proposals on changes to the Integrated Waste Management Fee Law which may further improve voluntary compliance and the relationship between fee payers and the government. SEC. 53. Section 45863 of the Revenue and Taxation Code is amended to read: 45863. The board shall, in cooperation with the California Integrated Waste Management Board, the Taxpayers' Rights Advocate, and other interested taxpayer-oriented groups, develop a plan to reduce the time required to resolve petitions for redetermination and claims for refunds. The plan shall include the determination of standard timeframes and special review of cases which take more time than the appropriate standard timeframe. SEC. 54. Section 45866 of the Revenue and Taxation Code is amended to read: 45866. (a) An officer or employee of the board acting in connection with any law administered by the board shall not knowingly authorize, require, or conduct any investigation of, or surveillance over, any person for nontax administration related purposes. (b) Any person violating subdivision (a) shall be subject to disciplinary action in accordance with the State Civil Service Act, including dismissal from office or discharge from employment. (c) This section shall not apply with respect to any otherwise lawful investigation concerning organized crime activities. (d) The provisions of this section are not intended to prohibit, restrict, or prevent the exchange of information where the person is being investigated for multiple violations which include integrated waste management fee violations. (e) For the purposes of this section: (1) "Investigation" means any oral or written inquiry directed to any person, organization, or governmental agency. (2) "Surveillance" means the monitoring of persons, places, or events by means of electronic interception, overt or covert observations, or photography, and the use of informants. SEC. 55. Section 45901 of the Revenue and Taxation Code is amended to read: 45901. All fees, interest, and penalties imposed and all amounts of fee required to be paid to the state pursuant to Section 45051 shall be paid to the board in the form of remittances payable to the State Board of Equalization of the State of California. The board shall transmit the payments to the Treasurer for deposit in the Integrated Waste Management Account in the Integrated Waste Management Fund. SEC. 56. Section 45902 of the Revenue and Taxation Code is repealed. SEC. 57. Section 13260 of the Water Code is amended to read: 13260. (a) All of the following persons shall file with the appropriate regional board a report of the discharge, containing the information which may be required by the regional board: (1) Any person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system. (2) Any person who is a citizen, domiciliary, or political agency or entity of this state discharging waste, or proposing to discharge waste, outside the boundaries of the state in a manner that could affect the quality of the waters of the state within any region. (3) Any person operating, or proposing to construct, an injection well. (b) No report of waste discharge need be filed pursuant to subdivision (a) if the requirement is waived pursuant to Section 13269. (c) Every person subject to subdivision (a) shall file with the appropriate regional board a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge. (d) (1) Each person for whom waste discharge requirements have been prescribed pursuant to Section 13263 shall submit an annual fee not to exceed ten thousand dollars ($10,000) according to a reasonable fee schedule established by the state board. Fees shall be calculated on the basis of total flow, volume, number of animals, or area involved. (2) Any fees collected pursuant to this section shall be deposited in the Waste Discharge Permit Fund which is hereby created. The money in the fund is available for expenditure by the state board, upon appropriation by the Legislature, for the purposes of carrying out this division. (3) Any person who would be required to pay the annual fee prescribed by paragraph (1) for waste discharge requirements applicable to discharges of solid waste, as defined in Section 40191 of the Public Resources Code, at a waste management unit that is also regulated under Division 30 (commencing with Section 40000) of the Public Resources Code, and who is or will be subject to the fee imposed pursuant to Section 46801 of the Public Resources Code in the same fiscal year, shall be entitled to a waiver of the annual fee for the discharge of solid waste at the waste management unit imposed by paragraph (1) upon verification by the state board of payment of the fee imposed by Section 48000 of the Public Resources Code, and provided that the fee established pursuant to Section 48000 of the Public Resources Code generates revenues sufficient to fund the programs specified in Section 48004 of the Public Resources Code and the amount appropriated by the Legislature for those purposes is not reduced. (e) Each report of waste discharge for a new discharge submitted under this section shall be accompanied by a fee equal in amount to the annual fee for the discharge. If waste discharge requirements are issued, the fee shall serve as the first annual fee. If waste discharge requirements are waived pursuant to Section 13269, all or part of the fee shall be refunded. (f) (1) On or before January 1, 1990, the state board shall adopt, by emergency regulations, a schedule of fees authorized under subdivisions (d) and (j). The total revenue collected each year through annual and filing fees shall be set at an amount equal to the revenue levels set forth in the Budget Act for this activity. The state board shall automatically adjust the annual and filing fees each fiscal year to conform with the revenue levels set forth in the Budget Act for this activity. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the revenue levels set forth in the Budget Act, the state board may further adjust the annual filing fees to compensate for the over and under collection of revenue. (2) The emergency regulations adopted pursuant to this subdivision, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board. (g) The state board shall adopt regulations setting forth reasonable time limits within which the regional board shall determine the adequacy of a report of waste discharge submitted under this section. (h) Each report submitted under this section shall be sworn to, or submitted under penalty of perjury. (i) The regulations adopted by the state board pursuant to subdivision (f) shall include a provision that annual fees shall not be imposed on those who pay fees under the National Pollutant Discharge Elimination System until the time when those fees are again due, at which time the fees shall become due on an annual basis. (j) Facilities for confined animal feeding or holding operations, including dairy farms, which have been issued waste discharge requirements or exempted from waste discharge requirements prior to January 1, 1989, are exempt from subdivision (d). If the facility is required to file a report under subdivision (c) after January 1, 1989, the report shall be accompanied by a filing fee, to be established by the state board in accordance with subdivision (f), not to exceed two thousand dollars ($2,000), and the facility shall be exempt from any annual fee. (k) Any person operating or proposing to construct an oil, gas, or geothermal injection well subject to paragraph (3) of subdivision (a), shall not be required to pay a fee pursuant to subdivision (d), if the injection well is regulated by the Division of Oil and Gas of the Department of Conservation, in lieu of the appropriate California regional water quality control board, pursuant to the memorandum of understanding, entered into between the state board and the Department of Conservation on May 19, 1988. This subdivision shall remain operative until the memorandum of understanding is revoked by the state board or the Department of Conservation. (l) In addition to the report required by subdivision (a), before any person discharges mining waste, the person shall first submit the following to the regional board: (1) A report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination. The report shall include the results of all tests required by regulations adopted by the board, any test adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code for extractable, persistent, and bioaccumulative toxic substances in a waste or other material, and any other tests that the state board or regional board may require, including, but not limited to, tests needed to determine the acid-generating potential of the mining waste or the extent to which hazardous substances may persist in the waste after disposal. (2) A report that evaluates the potential of the discharge of the mining waste to produce, over the long term, acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances. (m) Except upon the written request of the regional board, a report of waste discharge need not be filed pursuant to subdivision (a) or (c) by a user of reclaimed water that is being supplied by a supplier or distributor of reclaimed water for whom a master reclamation permit has been issued pursuant to Section 13523.1. SEC. 58. Section 13320 of the Water Code is amended to read: 13320. (a) Within 30 days of any action or failure to act by a regional board under subdivision (c) of Section 13225, Article 4 (commencing with Section 13260) of Chapter 4, Chapter 5 (commencing with Section 13300), Chapter 5.5 (commencing with Section 13370), or Chapter 7 (commencing with Section 13500), any aggrieved person may petition the state board to review that action or failure to act. In case of a failure to act, the 30-day period shall commence upon the refusal of the regional board to act, or 60 days after request has been made to the regional board to act. The state board may, on its own motion, at any time, review the regional board's action or failure to act and also any failure to act under Article 3 (commencing with Section 13240) of Chapter 4. (b) The evidence before the state board shall consist of the record before the regional board, and any other relevant evidence which, in the judgment of the state board, should be considered to effectuate and implement the policies of this division. (c) The state board may find that the action of the regional board, or the failure of the regional board to act, was appropriate and proper. Upon finding that the action of the regional board, or the failure of the regional board to act, was inappropriate or improper, the state board may direct that the appropriate action be taken by the regional board, refer the matter to any other state agency having jurisdiction, take the appropriate action itself, or take any combination of those actions. In taking any such action, the state board is vested with all the powers of the regional boards under this division. (d) If a waste discharge in one region affects the waters in another region and there is any disagreement between the regional boards involved as to the requirements which should be established, either regional board may submit the disagreement to the state board which shall determine the applicable requirements. (e) If a petition for state board review of a regional board action on waste discharge requirements issued for a solid waste landfill includes a request for a stay of the waste discharge requirements, the state board shall act on the requested stay portion of the petition within 60 days of accepting the petition. SEC. 58.1. Item 0860-001-387 of Section 2.00 of the Budget Act of 1993 (Chapter 55 of the Statutes of 1993) is amended to read: 0860-001-387--For support of State Board of Equalization, for payment to Item 0860-001-001, payable from the Integrated Waste Management Account, Solid Waste Management Fund ..................................... 289,000 SEC. 58.1.5. Item 0860-001-435 of Section 2.00 of the Budget Act of 1993 (Chapter 55 of the Statutes of 1993) is repealed. SEC. 58.2. Item 3910-001-387 of Section 2.00 of the Budget Act of 1993 (Chapter 55 of the Statutes of 1993) is amended to read: 3910-001-387--For support of California Integrated Waste Management Board, payable from the Integrated Waste Management Account, Integrated Waste Management Fund ................................................. 42,415,000 Schedule: (a) 10-Planning and Enforcement .......... 15,423,000 (b) 15-Solid Waste Disposal Site Cleanup ......................... 8,000,000 (c) 20-Waste Reduction and Resource Recovery ............................. 35,607,000 (d) 25-Tire Recycling .................... 2,744,000 (e) 30-Administration .................... 9,239,000 (f) Distributed Administration ........... -9,239,000 (g) Reimbursements ....................... -188,000 (h) Amount payable from California Used Oil Recycling Fund (Public Resources Code Section 48653) .................. -11,263,000 (i) Amount payable from Tire Recycling Management Fund (Item 3910-001-226) .. -2,744,000 (j) Amount payable from Recycling Market Development Revolving Loan Account (Item 3910-001-281) .................. -5,164,000 Provisions: 1. Notwithstanding Section 42145 of the Public Resources Code, the board may offset the costs of administering the revolving loan program for Recycling Market Development Zones with funds appropriated in this item. 2. The board shall not increase above $0.75 per ton the fees authorized by Section 48000 of the Public Resources Code sooner than 30 days after submitting to the Chair of the Joint Legislative Budget Committee and the legislative fiscal committees a report that explains the need for increasing the fees. The report shall identify (a) the extent of the shortfall in the Integrated Waste Management Account (IWMA), including information on current and projected revenues to, and expenditures from, the IWMA, (b) the reasons for the shortfall in the IWMA, (c) an evaluation of the options for addressing the shortfall in the IWMA, and (d) the board's reasons for increasing fees, rather than implementing other identified options, to address the shortfall. SEC. 58.2.5. Item 3910-001-435 of Section 2.00 of the Budget Act of 1993 (Chapter 55 of the Statutes of 1993) is repealed. SEC. 58.3. Item 3910-101-435 of Section 2.00 of the Budget Act of 1993 (Chapter 55 of the Statutes of 1993) is amended and renumbered to read: 3910-101-387--For local assistance, California Integrated Waste Management Board, payable from the Integrated Waste Management Account, Integrated Waste Management Fund ..................... 5,500,000 SEC. 58.4. Item 3940-001-001 of Section 2.00 of the Budget Act of 1993 (Chapter 55 of the Statutes of 1993) is amended to read: 3940-001-001--For support of State Water Resources Control Board .................................. 27,282,000 Schedule: (a) 10-Water Quality ............. 220,426,000 (b) 20-Water Rights .............. 7,865,000 (c) 30.01-Administration ......... 11,433,000 (d) 30.02-Distributed Admi- nistration ................... -11,433,000 (e) Reimbursements ............... -6,175,000 (f) Amount payable from the Leaking Underground Storage Tank Cost Recovery Fund (Item 3940-001-025) ................ -3,800,000 (g) Amount payable from the Waste Discharge Permit Fund (Item 3940-001-193) ................ -9,976,000 (h) Amount payable from the Envi- ronmental Protection Trust Fund (Item 3940-001-225) ..... -1,909,000 (i) Amount payable from the Public Resources Account, Cigarette and Tobacco Products Surtax Fund (Item 3940-001-235) ..... -761,000 (j) Amount payable from the Bay Protection and Toxic Cleanup Fund (Item 3940-001-282) ..... -4,520,000 (jx) Amount payable from the Integrated Waste Management Account, Integrated Waste Management Fund (Item 3940-001- 387) ......................... -4,792,000 (k) Amount payable from the Under ground Storage Tank Tester Account (Item 3940-001-436) .. -85,000 (l) Amount payable from the Under- ground Storage Tank Cleanup Fund (Item 3940-001-439) .....-133,465,000 (m) Amount payable from the Under- ground Storage Tank Fund (Item 3940-001-475) ................ -1,022,000 (n) Amount payable from the Surface Impoundment Assessment Account, General Fund (Item 3940-001- 482) ......................... -302,000 (o) Amount payable from the 1984 State Clean Water Bond Fund (Item 3940-001-740) .......... -2,977,000 (p) Amount payable from the 1986 Water Conservation and Water Quality Bond Fund (Item 3940- 001-744) ..................... -287,000 (q) Amount payable from the 1988 Clean Water and Water Reclamation Fund (Item 3940- 001-764) ..................... -645,000 (r) Amount payable from the Federal Trust Fund (Item 3940- 001-890) ..................... -30,333,000 Provisions: 1. Notwithstanding any other provisions of law, upon approval and order of the Director of Finance, the State Water Resources Control Board may borrow sufficient funds, from special funds which otherwise provide support for the board, for cash purposes. Any such loans are to be repaid with interest at the Pooled Money Investment Account rate. 2. The State Water Resources Control Board shall establish an Economic Impact Studies and Evaluation Unit that is responsible for evaluating all proposed orders and decisions of the board with respect to their economic impact pursuant to the board's general powers and responsibilities as delineated in Division 7 (commencing with Section 13000) of the Water Code. The unit shall be composed of four positions, three of which shall be economists and one of which shall be a secretary. This unit shall be managed by, and shall report to, the executive officer of the board. These positions shall be established with existing funds. 3. Of the funds appropriated in this item, one-half of the amount shall be available for expenditure through December 31, 1993. The remainder of the funds appropriated in this item shall be available after December 31, 1993, only if the State Water Resources Control Board has complied with Provision 2 of this item. SEC. 58.5. Item 3940-001-193 of Section 2.00 of the Budget Act of 1993 (Chapter 55 of the Statutes of 1993) is amended to read: 3940-001-193--For support of State Water Resources Control Board, for payment to Item 3940-001-001, payable from the Waste Discharge Permit Fund ......... 9,936,000 SEC. 58.6. Item 3940-001-435 of Section 2.00 of the Budget Act of 1993 (Chapter 55 of the Statutes of 1993) is amended and renumbered to read: 3940-001-387--For support of State Water Resources Control Board, for payment to Item 3940-001-001, payable from the Integrated Waste Management Account, Integrated Waste Management Fund .......... 4,792,000 SEC. 59. Of the amount appropriated by Item 3910-001-387 of the Budget Act of 1993 (Chapter 55 of the Statutes of 1993) as amended by this act, in addition to any other approved expenditures for those purposes, the California Integrated Waste Management Board shall expend five million seven hundred fifty thousand dollars ($5,750,000) of the amount appropriated for program 20 for source reduction, public education, and market development programs. The California Integrated Waste Management Board shall expend these funds to augment existing programs and shall not use the funds for administrative purposes. SEC. 60. The sum of seventy-five thousand dollars ($75,000) is hereby appropriated to the California Integrated Waste Management Board from the California Used Oil Recycling Fund for expenditure during the 1993-94 fiscal year for the purpose of implementing a pilot program for funding claims submitted by state agencies for providing price preferences for the purchase of recycled products. SEC. 61. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. SEC. 62. This act shall become operative only if Assembly Bill 2136 of the 1993-94 Regular Session of the Legislature is also enacted and takes effect on or before January 1, 1994. SEC. 63. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to streamline and coordinate the state's solid waste regulatory process, thereby better protecting public health and safety and the environment, it is necessary that this act take effect immediately.