HomeMy WebLinkAboutMINUTES - 03301993 - 1.12 TO: BOARD OF SUPERVISORSra
Cont
FROM: Phil Batchelor, County Administrator
Costa
�. County
9'Trw
DATE: March 23, 1993
SUBJECT: LEGISLATION: SB 672 (Greene)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Acknowledge that the Board of Supervisors is the SPONSOR of SB 672
by Senator Greene which adjusts the method of maintaining the tax
losses reserve fund and provides for an alternative method of
calculating the amount which must be maintained in the fund.
BACKGROUND:
The Board' s 1993 Legislative Program includes the following
proposal :
19 . Permanent reform of "Teeter Plan" regarding
distribution of property taxes - Sponsor
legislation to provide a permanent solution to
"Teeter Plan" provisions which allow for access to
unneeded funds in the Tax Losses Reserve Fund while
maintaining the fiscal integrity of the Fund.
Each year, a tax roll is prepared in every county. This tax roll
includes levies for each jurisdiction within the county boundaries .
These "jurisdictions" include cities, schools, special districts
and the county itself . Once the tax roll is prepared and the tax
bills are mailed out, individual taxpayers begin making payments.
In non-"Teeter Plan" counties, the County Auditor periodically
determines the actual cash collected on behalf of each jurisdiction
and remits that amount to the jurisdiction. Generally, within
every jurisdiction, there is some percentage of taxpayers who do
not pay their taxes on time and, as a result, the jurisdictions
receive less than their levy amount.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
i�//�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
l APPROVE OTHER
SIGNATURE(S): &Q&Jdz [sem&
ACTION OF BOARD ON Mar 13. 30, 1993 APPROVED AS RECOMMENDED _,G� OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
k UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS THE DATE SHOWN.
36 /99 3
ATTESTED
Contact: See Page 3 . PHIL BATCHELOR.CLERK OF THE BOARD OF
CC: SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
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By contrast, in "Teeter Plan" counties, the County Auditor
allocates (pays out) to all jurisdictions 100% of the amount levied
on their behalf . Responsibility for the delinquencies of all
jurisdictions is assumed by the County.
In order to facilitate the operation of the "Teeter Plan" , all
"Teeter Plan" counties have, by law, established a Tax Losses
Reserve Fund (TLRF) . The TLRF can be viewed as an insurance fund
which ultimately guarantees that taxes advanced from the county
treasury to all jurisdictions will be recovered, either by
collecting the taxes due from taxpayers or by making up any
shortfalls from the TLRF. Furthermore, it is the cash in the TLRF
which makes it possible for "Teeter Plan" counties to advance 100%
of taxes levied prior to their actual collection.
There are three sources of income for the TLRF:
1 . Penalties collected from delinquent taxpayers .
2 . Interest assessed against delinquent tax bills .
3 . Gains on the sale of tax defaulted property.
In the 1991-92 fiscal year, 1/3 ( $1, 378,000) of the TLRF income
came from penalties and 2/3 ( $2, 627,000) came from interest. None
came from the sale of property.
The advantages of the "Teeter Plan" would seem to be obvious .
First, each jurisdiction has a predictable property tax revenue
stream. Second is the cash flow advantage for all jurisdictions .
Jurisdictions which maintain their funds in the county treasury
(schools, the county and many special districts) are given "credit"
for the full amount of their tax levy. Thus, beginning each July
1, these jurisdictions can begin paying their vendors even though
property tax cash collections have not been received in the county
treasury. Finally, the administration of the tax roll in "Teeter
Plan" counties is somewhat easier in that the accounting systems
that are required are less complex.
Historically, if the property tax delinquency rate remained below
3% for three consecutive years, the County was allowed to withdraw
any surplus funds from the Tax Losses Reserve Fund for any
legitimate County purpose. However, if in any year the property
tax delinquency rate went above 3%, the County was punished by
losing the opportunity to withdraw the surplus funds until the
delinquency rate was again below 3% for three more consecutive
years . Since Contra Costa County currently is able to withdraw
about $4 million a year in surplus funds from the Tax Losses
Reserve Fund, this amounts to a $12 million penalty for exceeding
the 3% delinquency rate.
In 1992, Contra Costa County was successful in getting this penalty
provision waived on a one-time basis by moving the delinquency
figure at which the penalty is imposed from 3% to 4% . However, it
appears prudent to make some permanent changes to this formula
which will not penalize a County for three consecutive years
thereafter for exceeding the 3% figure occasionally and slightly.
This is a singularly unique Contra Costa County situation since, of
the "Teeter Plan" counties, Contra Costa County is the only county
that has recently been below a 3% delinquency rate or has any
prospect of being below 3% again in the foreseeable future.
An alternative mechanism for maintaining the Tax Losses Reserve
Fund has been designed in conjunction with the Auditor-Controller
and Treasurer-Tax Collector' s staff. The alternative leaves in
place the current 3% delinquency rate system described above. Each
county choosing to become a "Teeter Plan" county could choose to
continue to be governed by the existing system or could opt to be
covered instead by the alternative system. This alternative system
would require that the county maintain the tax losses reserve fund
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at not less than 50% of the value of the total delinquent secured
taxes and assessments . Any money in the TLRF above this level
could be transferred to the General Fund. The decision to select
this alternative system must have the approval of the Auditor-
Controller. The Board of Supervisors adopts a Resolution selecting
this alternative system, rather than the basic system in use
currently. This selection must be made by July 15, of any fiscal
year, except that for the 1993-94 fiscal year, the selection may be
made as late as January 15, 1994 , since the legislation will not
take effect until January 1, 1994 .
This alternative has the advantage of eliminating the problem with
the delinquency rate "spiking" occasionally, since the total value
of the delinquencies on the secured roll becomes the measure of how
large the tax losses reserve fund must be.
Since a permanent revision of the "Teeter Plan" legislation is a
part of the Board's 1993 Legislative Program, it is appropriate for
the Board to acknowledge that it is the SPONSOR of SB 672, which
Senator Greene has introduced for this purpose.
cc: County Administrator
Auditor-Controller
Treasurer-Tax Collector
County Counsel
Les Spahnn; Heim, Noack, and Spahnn
CALIFORNIA LEGISLATUR&-1993-94 REGULAR SESSION
ASSEMBLY BILL BILL No. 1034
Introduced by Assembly Member Campbell
March 11 1993
An act to amend Sections 25135.3, 25135.6, and 25135.7 of,
and to amend and renumber Section 25135.75 of, the Health
and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1034, as introduced, Campbell. Hazardous waste
management plans:
Existing law authorizes a county to prepare a county
hazardous waste management plan for the management of all
hazardous waste produced in the county. Existing law
authorizes. a council of governments to prepare a regional
hazardous waste management plan. Existing law requires a
county to submit the final county hazardous waste
management plan and a council of governments to submit the
final regional hazardous waste management plan to the
Department of Toxic Substances Control pursuant to a
specified schedule, for review and approval, if specified
determinations are made, or disapproval.
This bill would extend the deadlines for the submission of
the draft plan from December 31, 1987, to April 1, 1994,for the
department's review of the draft plan from March 31, 1988, to
June 1, 1994, for submission of the final plan from October 1,
1988..to July 1, 1994, and for the department's review of the
final plan from December 31, 1988, to September 1, 1994. The
bill would make related legislative findings and declarations
and make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
99 90
AB 1034 -- —
The people of the State of California do enact as follows:
1 SECTION 1. (a) The Legislature hereby finds and
2 declares all of the following:
3 (1) In some cases, counties or regional jurisdictions
4 have submitted hazardous waste management plans in
5 accordance with Article 3.5 (commencing with Section
6 25135) of Chapter 6.5 of Division 20 of the Health and .
7 Safety Code, except that: the submissions were not fully
8 in accordance with the deadlines established in that
.9 Article 3.5. j
10 (2) In other cases, jurisdictions have. prepared,
11 revised,or amended hazardous waste management plans
12 but have failed to submit them to the Department of
13 Toxic Substances Control.because the deadlines provided
14 for .these submissions had already been exceeded.
15 (3) As a result, the Department of Toxic Substances
16 Control has draft hazardous waste management plans,
17 final hazardous waste management plans, and revised
18 hazardous waste management plans on which the
19 department believes it cannot act. because of
20 noncompliance with those deadlines.
21 (4) In addition, counties and regional agencies .have
22 hazardous waste management plans which they are j
23 prepared to submit to the Department of Toxic
24 Substances Control or which could be ready. for
25 submission in a very short: time but which they have been
26 reluctant to submit because they have been told that the
27
. :...:..:.....:..:..:
department could no longer review the plans.
i
28 (5) The failure to submit hazardous waste
29 management plans because of those deadlines, and the
30 inability of the Department of Toxic Substances Control
31 to review and approve hazardous waste management
32 plans because of noncompliance with the deadlines, '
33 thwarts the original legislative purposes for which Article
34 3.5 (commencing with Section 25135) of Chapter 6.5 of
35 Division 20 of the Health and Safety Code was enacted
36 and has been amended.
37 (b) The Legislature therefore declares that it
38 continues to be in the public interest to establish a state
99 120
i
l
— 3 — AB 1034
S. 1 policy that has the objective of ensuring that safe,
2 effective, and economical facilities for the management
and 3 of hazardous wastes are available when they are needed,
4 and that these facilities are of a type, and are operated
tions 5 and monitored in a manner, which protects public health
is in 6 and safety and the environment.
:tion 7 (c) The Legislature further declares that this state
and . 8 policy cannot be fully implemented without a
fully 9 comprehensive set of hazardous waste management
that 10 plans from all jurisdictions in the state and that it is, .
11 therefore, essential to allow the submission of those plans
tred,. 12 to the Department of Toxic Substances Control,
dans 13 notwithstanding the original deadlines which were
it of 14 established in Article 3.5 (commencing with Section
ided 15 25135) of Chapter 6.5 of Division 20 of the Health and
16 Safety Code.
nces 17 SEC. 2. Section 25135.3 of the Health and Safety Code
lans, 18 is amended to read:
►ised 19 25135.3. The Association of Bay Area Governments,
the >' 20 the Southern California Association of Governments, the
of t 21 Sacramento Area Council of Governments, and the
22 Association of Monterey Bay Area Governments may, at.
nave 23 the discretion of their governing boards, prepare a
are 24 regional hazardous waste management plan to serve as a
'oxic A. 25 resource document and . to identify hazardous waste
for 26 management issues, needs, and solutions at the regional
)een 27 level. A council of governments specified in this
t the 28 subdivision shall include in the regional plan additional
29 counties affected by the regional plan, at the request of
►aste I 30 the councils of governments.for those counties. A council
. the 31 of governments shall prepare the regional plan pursuant
itrol 32 to the following procedure:
Rent 33 (a) A council of governments specified in this
hes, 34 subdivision may apply to the department for funding
ticle 35 pursuant to paragraph (3) of subdivision (b) of Section
.5 of 36 25135.8.
cted 37 (b) On or before Deeember &I! 4987 April 1, 1994, a
38 council of governments which receives funding from the
t it ! 39 department shall prepare a draft regional hazardous
;tate 40 waste management plan and submit the draft plan to the
120 99 150
i
AB 1034 --
1 department. if a eetmei1 of goventments skews the
2 Elepartm Owt A hes made
3 the Eke regietted hetze&deus waste
4 management p1em eed needs additiefteA die to e
5 the draft regietteA plait; Oke departm fafty e3ftend to
6 Mareh 34r; 1958;the deAe b)� whieh the dtaft regional Oem
7 is required t:e be mbwAtte The council of governments
8 shall involve the public with the preparation of the draft
9 plan, to the fullest extent: possible, by public hearings,
1.0 informational meetings, and other appropriate forums
11 that offer the public the opportunity to respond to clearly
12 defined alternative objectives, policies, and actions.
13 (c) From jantiary 4; R.N3 tre Mareh 31-,- 4988 April 2,
14 1994, to June 1, 1994, et-, if the departin hes given the
15 eetmeil of et tie perstiant 'to
16 {"U'VI , ORI—M- before Jtme 39; 1985; the council of
17 governments shall conduct hearings on the draft regional
18 hazardous waste management plan, in the number
19 determined .appropriate. by the council of governments.
20 The council of governments shall provide affected local
21 jurisdictions, the public, industry, business.organizations,
22 and the hazardous waste management industry with a
23 full opportunity to comment orally and in writing on the
24 draft plan.
25 (d) On or before Mareh 31-; 1988,er;if the departm
26 has given the eeemei4 of geverrAnents a time E�mtemi
27 ptw9ttwA_ to stibElMsion or before ane 34; 4988
i
28 June 1, 1994, the department shall review the draft plan ,
29. and provide the council of governments with comments
30 on the draft plan.
31. (e) After conducting the review and comment perled
32 required by subdivision (c), the council of governments
33 shall revise, as appropriate, the draft regional hazardous
34 waste management plan.
35 (f) On or before 8eepte 39; 1988; er; ee er befere
36 Janttary34; 1989; 1€the eeee ail of go-vermneitts, is given a
37 #tee extensiett perstiant to sebdi-�4si +g}July 1, 1994,
i
38 the council of governments shall complete and adopt the ;
39 plan.
40 (g) On .or before Getel 4, 4988 July 1, 1994, the
99 160
-5 — AB 1034
t 1 council of governments shall submit the final regional
the -
2 hazardous waste management plan adopted by its
armee 3 governing board to the department for review and
AetPaste4 approval. 4 e eetmeil e€ s the
e 5 the eetmeil e€ made
d; e 6 substanfieJ pregress tem eemple the regi
gents ` 7 ham e and needs mere ,.e
8 t-e the per; the Elepartm ffmy emtend Ohis
craft 9 cue to September 4; 1989. The department shall approve
cgs'
10 the regional plan if the department determines that all of
guns 11 the following requirements are met:
ply 12 (1) The regional plan is consistent with the guidelines
rg 2, 13 for the preparation of regional hazardous waste
t the 14 management plans adopted by the department.
tt .te 15 (2) The regional plan applies the methods, techniques,
mil of 16 and policies established by the department to analyze the
.onal 17 waste stream and to determine whether there is a need .
f 18 for additional or expanded hazardous waste facilities to
.iter 19 safely manage and properly dispose of the hazardous
local ' :i; ;:i' ?; 20 waste produced within the region.
ions, ,v 21 (h) Throughout the process of preparing a regional
th a 22 hazardous waste management plan, a council of
the 23 governments shall cooperate and , consult with
. 24 representatives and staff.of affected counties and cities.
; l ( 25 (i) Notwithstanding subdivisions (a) to (h), inclusive,
lent
26 of this section, if, pursuant to Chapter 5 (commencing
27 with Section 6500) of Division 7 of Title 1 of the
Y." 28 Government Code, a joint powers agreement provides
.Ian; 29 for the creation of the Southern California Hazardous
ants 30 Waste. Management Authority, the .Southern California
31 Association of Governments shall, if it has elected to
ants 32 prepare a regional hazardous waste management plan
33 pursuant to this section, transfer the responsibility for
Sous ( >. 34 preparing the regional hazardous waste management
fore 35 plan and all funds received pursuant to subdivision (b) of
eft 36 Section 25135.8 to the authority, if the governing board of
& 37 the authority requests the transfer by the adoption of a
�1994., 38 resolution. If the transfer takes place, the authority shall
the 39 comply withthis section in the same manner as this
40 section applies to the association. If the transfer of
the
.,
160 99 180
AB 1034
1 responsibility and funds authorized by this subdivision
2 takes place and the authority is dissolved at any time
3 before the regional hazardous waste management plan is
4 approved by the department, the association shall
5 prepare the regional hazardous waste.management plan
6 and any remaining funds received pursuant to
7 subdivision (b) of Section 25135.8 shall be transferred
8 back to the association.
9 SEC. 3. Section 25135.6 of the Health and Safety Code .
10 is amended to read:
11 25135.6. (a) A county shall prepare, review, and
.12 adopt the county hazardous waste management plan
13 pursuant to the schedule specified in this section.
14 (b) On or before Deeember a4 4987 April 1, 1994,
15 each county, with the cooperation of affected local
16 jurisdictions and the advisory committee established
17 pursuant to Section 25135.2, shall prepare a draft county
18 hazardous waste management plan and submit the.draft
19 plan to the department. H a eek shews le the
20 departmeitt giat the eaunty has made substemSal
21 eemplimee tewards eempleting the
22 hazard wetste memagement plem amd needs additietteJ
23 . time to eemplete the dfttft plan, the
24 extend to Mareh x;19%the dftte by Leh the draft plem
25 is reed re be The county shall involve the
26 public with the preparation of the draft plan, to the fullest .
27 extent possible, by public hearings, informational
28 meetings, and other appropriate forums that offer the
29 public the 'opportunity to respond to clearly defined
30 alternative objectives, policies, and actions.
31 (c) On or before Mare r 34;1988;e4-,if the departm
32 hae gree the eek a time extension ptwstiont to
33 sttbdM . *b)-, on or be€+sre Jtme 3G-, 1988 June 1, 1994,
34 the county shall conduct hearings on the draft county
35 hazardous waste management plan, in the number
36 determined appropriate by the county. The county.shall
37 provide affected local jurisdictions, the public, industry,
38 business organizations, and the hazardous waste
39 management industry with the full opportunity to
40 comment orallyand in writing on the draft coup I.
g county
_ l
99 No
- 7 — AB 1034
ivision 1 hazardous waste management plan.
time 2 (d) On or before Marek 34;1988;et,if the departm
plan is 3 hay.M.given the ee" a ttee emtensiett purstiant to
shall 4 Ji4 *b)-, oft ew before Jtme ae; 4988 June 1, 1994,
it plan 5 the department shall review the draft plan, and provide
at to 6 each county with comments which specify the changes or
ferred jP (4, 7 additions which are required to be made to the draft plan
8 to result in a final plan which can be approved by the
Code 9 department pursuant to Section 25135.7.
10 .(e) After conducting the review and comment peried
and 11 required by subdivision (c), each county shall revise, as
t plan 12 appropriate, the draft county hazardous waste
13 management plan.
1994) 14 (f) The revised county hazardous waste management
local 15 plan shall be approved by a majority of the cities within
dished 16 the county which contain a majority of the population of
,ounty 17 the incorporated area of the county, subject to
;.draft 18 subdivision (g).
:e the 19 (g) The revised county hazardous waste management
20 plan shall be submitted to each city within the county for
hetmty .. � 21 their approval. Each city shall act upon the revised
itiefteA 22 county hazardous waste management plan within 90 days
t- fit fty 23 after the city has received the plan. If a city fails to act
Ft plem 24 upon the plan within 90 days of receiving the plan, the
ve the IJ 25 city shall be deemed to have approved the plan as
fullest 26 submitted.
ttional 27 (h) On or before 58;,1988, et;ee or before
er the 28 Nky a1-,- 1989,if the eery is give em emtensien perstimA
efined 29 to sttbdMse t of Seetien M139.7 July 1, 1994, the
30 county shall adopt the revised county hazardous waste
31 management plan as the final county hazardous waste
Mt 32 management plan. 4F the eeumt-y is given an additieftal
19943P �� .,, ,
33 6me extensiett to S 4; 1989, perste to
;ounty (` 34 sebdMsie -(.a+ e€Beetieft 25135.7, the eek shad adept
.amber 35 the remised eek hetzardei waste memagement phm as
y.shall 36 the fifiel eek . waste management plat by
iustry, 37 August a1; 1989.
waste 38 .: SEC. 4:: Section 25135.7 of the Health and Safety Code
ity to _ 39 is amended to read:
�ounty 40 25135.7. (a) A county shall submit the final county .
99 200 99 220
AB 1034 —8 --
��1 A1 hazardous waste management plan adopted by the
2 county to the department for review and approval on or
3 before getter I;4988 July 1, 1994. If a eek shows the
4 departm that the eeitty has made substemSed
5 progress towards eempletkif;the eek hazardees waste
6 memagement plem and eeeds mere time to the -
7 plem, the extend this date to june 4-,
8 1989. If the se ads eeemnens ae the draft
9 eek hazardous waste memetgeme p1m to a eewity
10 after jtme aO; 1988, the deparratment ffmy emtend the dtfe 1'
11 cute for subwAtted of the fiaeJ eekwaste 1
12 Phm fer that eek to September 4-, 1989. 1;
13 The department shall, on or before Peeer'nb r 34-, 1988,
1�
14 er ear er=before Ne-y.._... ber g� 1989,if the eek igrveft 1'
15 a.tie emtensien Septembej� 1, 1994, review and either P
16 approve or disapprove the county hazardous waste b
17 management plan. If apt addiNetted time e3fteesiee ij 1'
18 gree to Seer- 4; 1989, perseaet to this sebdMsieft-, P
19 the depaf tm shah resew and either .appr-e-ve er 1`•
20 disappre the eek hazardous waste f 21
21 p6n on or be€ere Feb = 28; 1990. The department � 2-
22 shall approve the county hazardous waste -management 2%
23 plan if the department makes all of. the following 2kf
24 determinations:
25 (1) The plan substantially complies with the s.. _� L� 24D
26 guidelines for the preparation of hazardous. waste 2(
27 management plans adopted by the department. 2
ri
28 (2). The plan applies the methods, techniques, and 2f
29 policies established by the. department to analyze the 2E
30 waste stream and to determ Ine whether there is a need 31
31 for additional or expanded hazardous waste facilities to 31
32 safely manage and properly dispose of the hazardous 3�
33 waste generated within the county. 3
11 ff �
34 (3) If the plan contains a determination pursuant to ..,J 1. 34
35 paragraph (5) of subdivision (d) of Section 25135.1 that j 35
36 there is a need for additional or expanded hazardous ' 36
37 waste facilities, the plan proposes general areas, or, as 37
38 determined appropriate by fhe county, proposes specific j 3E
39 sites which may be suitable . locations for a . facility. 39
40 However, if the plan instead contains siting criteria for 4o
P g _�i .�.
99 230
-9 — AB 1034
by the �' 1 selecting sites for new hazardous waste facilities, the plan
al one 2 shall propose general areas where the criteria might be
e or
3 applicable.
)sem 4 .(4) If the county preparing the plan has entered into
is waste . 5 a formal agreement with other counties to manage
lete the 6 hazardous waste, the agreement.is documented.
� , 7 (b) Within 180 days after the department approves a
J e e 8 county hazardous waste management plan, the county
raft 9 shall either incorporate the applicable portions of the
eounty
the dte 10 plan, by reference, into the county's general plan, or
s waste 11 enact an ordinance which requires that all applicable,
4-, 1989. 12 zoning, subdivision, conditional use permit, and variance
4-, 1988, 13 decisions are consistent with the portions of the county
is giYen 14 hazardous waste management plan which identify
I either 15 specific , sites or siting criteria for hazardous waste
waste 16 facilities.
f1sieft ie 17 (c) Within 180 days after receiving written
Ryisiefl; 18 notification from the county that the county hazardous
Peye or 19 waste management plan has been approved, each city
Er-: 20 within. that county shall do one of thefollowing:
gement
irtment tz �(`, 21 (1) Adopt a city hazardous waste management plan
gement 22containing all of the elements required by subdivision
►llowing 23 (d) of Section 25135.1 which shall be consistent with the
24 approved county hazardous waste management plan.
25 2 Incorporate the applicable portions of the
th the �. ' �: ( ) � PP �
waste 26 approved county plan, by reference, into the city's
27 general plan.
tes, .and 28 (3) Enact an ordinance which requires that all
yze the 29 applicable zoning, subdivision, conditional use permit,
a need 30 and variance decisions are consistent with the portions of
lilies to 31 the approved county plan which identify general areas or
zardous 32 siting criteria for hazardous waste facilities.
r 33 (d) This section does not limit the authority of any city
quant to ..1 34 to attach appropriate conditions to the issuance of any
,;ua that 35 land use approvalfor a hazardous
dous waste facility in order
zardous 36 to protect thepublic health , and safety , or wfie the
s, or, as
37 environment, and does not limit the authority of a city to
specific 38 establish more stringent planning requirements or siting
facility. 39. criteria than those specified in the county hazardous
:eria for ��� l 40 waste management plan.
i. ,-
99 2M 99 2M
AB 1034 — 10 --
I (e) Any amendment to an adopted county hazardous
2 waste management plan requires the approval of the
3 department, the county, and a majority of the cities
. 4 within the county which contain a majority of the
5 population of the incorporated area of the county.
6 SEC. 5. Section 25 25135.7.5 of the Health and
7 Safety Code is amended and renumbered to read: .
8 M135.75. '
9 25135.75. (a) If the .department disapproves a county
10 hazardous waste management plan pursuant to 1
11 subdivision (a) of Section 25135.7, or a regional hazardous 1
12 waste management plan pursuant to Section 25135.3, the 1
13 department shall provide the county or regional council 1
14 of governments, in writing and at the time of disapproval, 1'
15 with a detailed description of its reasons for disapproval 1
16 of the plan. A county or regional council of governments 1
17 with a disapproved hazardous waste management plan 1
18. may submit a revised plan to the department one time 1
19 only. A revised county or regional hazardous waste 1
20 management plan shall be submitted to the department 2
21 widtia M dwfe of the e&ei i e dote of the aet adding#mss
22 see4en, or within 270 days of plan disapproval if the plan 2
23 is disappre laythe depar after the eff
eeS a date 2
24 of the set adding thisseetien. A county or regional council 2
25 of governments shall .notify the . department of their 2
26 intent to revise and resubmit a disapproved plan within 2
27 45 days of the effeetive dete`e the aet adding tis seefien, 2
28 et � 49 �s of plan disapproval ; if the i 2
2'
.29 disappre after the e€€ee0ve cue e€the aet adding#-is
30 seetien. A resubmitted county or regional plan shall 31
31 contain detailed . responses to all of the reasons for 3
32 disapproval of the plan described by the department. The 3.
33 department shall provide counties with informational 3
34 guidelines on developing an approvable plan. 3'
35 (b) Before a county submits a revised 3'
36 county hazardous waste management plan to the 3'
3'
37 department pursuant to this. section, the revised plan
38 shall be approved by a majority of the cities`within the 3'
39 county which contain a majority of the population of the 3.
40 incorporated area of .the county, as specified in
99 270
i
— 11 — AB 1034
rdous
!! 1 subdivisions (f) and (g) of Section 25135.6. A city which
-f the 2 fails to act upon a county plan revised pursuant to this
cities 3 section within 90 days after the plan has been submitted
F the 4 to the city by the county shall be deemed to have
5 approved the revised plan.
i and ,_ 6 (c) The department shall review and either approve
7 or disapprove a county or regional hazardous waste
8 management plan revised pursuant to subdivision (a)
)Unty 9 within 180 days of receiving the revised plan.
t to 10 (1) The department shall approve a revised county
-dous 11 hazardous waste management plan if the department
3, the 12 makes all of the determinations in paragraphs (1), (2),
uncil 13 (3), and (4) of subdivision (a) of Section 25135.7. If the
-oval, 14 department approves a revised county hazardous waste
roval 15 management plan pursuant to this section, the county
:lents ! 16 shall comply with subdivision (b) of Section 25135.7, and
plan 17 each city within that county shall comply with
18 subdivision (c) of Section 25135.7.
vastetime 19 (2) The department shall approve a revised regional
ment 20 hazardous waste management plan if the department
Hent �f;._.:.,�, f , g P P
°. . 1 21 makes all of the determinations in subdivision (g) of
22 Section 25135.3.
Plaft dace 23 ' (d) . A county which did not submit its plan to the
until 24 department within the due dates for plan submittal
ththeir :'..> � 25 established by subdivision (a) of Section 25135.7, or a.
eir i r 26 county whose plan was not formally acted upon by the.
27 department by the Februffirx$S;4999 September 1, 1994,
an is 28 deadline, may submit their plan to the department for
Os 29 review and approval or disapproval pursuant to the
shall 30 provisions. governing the resubmittal of revised plans
for 1. 31 established by this section.
The 32 (e) A council of governments which did not submit its
ional 33 plan to the department within the due dates for plan
j 1 34 submittal established by Section 25135.3, or whose plan
vrised 35 has not been formally acted upon by the department,
the 36 may submit their plan to the department for review and
plan 37 approval or disapproval pursuant to the provisions
i the 38 governing the resubmittal of revised plans established by
f the 39 this section.
I in
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Q 270 99 290
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