25173.6
. (a) There is in the General Fund the Toxic Substances
Control Account, which shall be administered by the director. In
addition to any other money that may be appropriated by the
Legislature to the Toxic Substances Control Account, all of the
following shall be deposited in the account:
(1) The fees collected pursuant to Section 25205.6.
(2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for oversight of a removal or remedial action
taken under Chapter 6.8 (commencing with Section 25300) or Chapter
6.86 (commencing with Section 25396).
(3) Fines or penalties collected pursuant to this chapter, Chapter
6.8 (commencing with Section 25300) or Chapter 6.86 (commencing with
Section 25396), except as directed otherwise by Section 25192.
(4) Interest earned upon money deposited in the Toxic Substances
Control Account.
(5) All money recovered pursuant to Section 25360, except any
amount recovered on or before June 30, 2006, that was paid from the
Hazardous Substance Cleanup Fund.
(6) All money recovered pursuant to Section 25380.
(7) All penalties recovered pursuant to Section 25214.3, except as
provided by Section 25192.
(8) All penalties recovered pursuant to Section 25214.22.1, except
as provided by Section 25192.
(9) All penalties recovered pursuant to Section 25215.7, except as
provided by Section 25192.
(10) Reimbursements for funds expended from the Toxic Substances
Control Account for services provided by the department, including,
but not limited to, reimbursements required pursuant to Sections
25201.9 and 25343.
(11) Money received from the federal government pursuant to the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
(12) Money received from responsible parties for remedial action
or removal at a specific site, except as otherwise provided by law.
(b) The funds deposited in the Toxic Substances Control Account
may be appropriated to the department for the following purposes:
(1) The administration and implementation of the following:
(A) Chapter 6.8 (commencing with Section 25300), except that funds
shall not be expended from the Toxic Substances Control Account for
purposes of Section 25354.5.
(B) Chapter 6.86 (commencing with Section 25396).
(C) Article 10 (commencing with Section 7710) of Chapter 1 of
Division 4 of the Public Utilities Code, to the extent the department
has been delegated responsibilities by the secretary for
implementing that article.
(D) Activities of the department related to pollution prevention
and technology development, authorized pursuant to this chapter.
(2) The administration of the following units, and successor
organizations of those units, within the department, and the
implementation of programs administered by those units or successor
organizations:
(A) The Human and Ecological Risk Division.
(B) The Environmental Chemistry Laboratory.
(C) The Office of Pollution Prevention and Technology Development.
(3) For allocation to the Office of Environmental Health Hazard
Assessment, pursuant to an interagency agreement, to assist the
department as needed in administering the programs described in
subparagraphs (A) and (B) of paragraph (1).
(4) For allocation to the State Board of Equalization to pay
refunds of fees collected pursuant to Section 43054 of the Revenue
and Taxation Code.
(5) For the state share mandated pursuant to paragraph (3) of
subsection (c) of Section 104 of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9604(c)(3)).
(6) For the purchase by the state, or by a local agency with the
prior approval of the director, of hazardous substance response
equipment and other preparations for response to a release of
hazardous substances. However, all equipment shall be purchased in a
cost-effective manner after consideration of the adequacy of existing
equipment owned by the state or the local agency, and the
availability of equipment owned by private contractors.
(7) For payment of all costs of removal and remedial action
incurred by the state, or by a local agency with the approval of the
director, in response to a release or threatened release of a
hazardous substance, to the extent the costs are not reimbursed by
the federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
(8) For payment of all costs of actions taken pursuant to
subdivision (b) of Section 25358.3, to the extent that these costs
are not paid by the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9601 et seq.).
(9) For all costs incurred by the department in cooperation with
the Agency for Toxic Substances and Disease Registry established
pursuant to subsection (i) of Section 104 of the federal
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9604(i)) and all costs of health
effects studies undertaken regarding specific sites or specific
substances at specific sites. Funds appropriated for this purpose
shall not exceed five hundred thousand dollars ($500,000) in a single
fiscal year. However, these actions shall not duplicate reasonably
available federal actions and studies.
(10) For repayment of the principal of, and interest on, bonds
sold pursuant to Article 7.5 (commencing with Section 25385) of
Chapter 6.8.
(11) Direct site remediation costs.
(12) For the department's expenses for staff to perform oversight
of investigations, characterizations, removals, remediations, or
long-term operation and maintenance.
(13) For the administration and collection of the fees imposed
pursuant to Section 25205.6.
(14) For allocation to the office of the Attorney General,
pursuant to an interagency agreement or similar mechanism, for the
support of the Toxic Substance Enforcement Program in the office of
the Attorney General, in carrying out the purposes of Chapter 6.8
(commencing with Section 25300) and Chapter 6.86 (commencing with
Section 25396).
(15) For funding the California Environmental Contaminant
Biomonitoring Program established pursuant to Chapter 8 (commencing
with Section 105440) of Part 5 of Division 103.
(16) As provided in Sections 25214.3 and 25215.7 and, with regard
to penalties recovered pursuant to Section 25214.22.1, to implement
and enforce Article 10.4 (commencing with Section 25214.11).
(17) (A) Commencing July 1, 2015, for the administration and
implementation of this chapter as it applies to metal recycling
facilities, which includes, but is not limited to, the following:
(i) Conducting inspections and investigations of metal recycling
facilities.
(ii) Pursuing administrative, civil, or criminal enforcement
actions, or some combination of those actions, against metal
recycling facilities.
(iii) Developing interim industry operating standards to use in
enforcement actions, in part by collecting and analyzing data to
identify the various types, locations, types and scale of activities,
and regulatory histories of metal recycling facilities.
(iv) Conducting outreach efforts with the metal recycling facility
industry and the communities surrounding metal recycling facilities.
(v) Developing and adopting industry-specific regulations.
(vi) Collecting samples at or within the vicinity of metal
recycling facilities and analyzing those samples.
(B) (i) For purposes of this section only, "metal recycling
facility" includes any facility receiving and handling discarded
manufactured metal objects and other metal-containing wastes for the
purpose of extracting the ferrous and nonferrous constituents or for
the purpose of processing discarded manufactured metal objects and
other metal-containing wastes in preparation for extracting the
ferrous and nonferrous constituents.
(ii) For purposes of this section only, "metal recycling facility"
does not include a metal shredding facility that has been issued a
nonhazardous waste determination by the department pursuant to
subdivision (f) of Section 66260.200 of Article 3 of Chapter 10 of
Division 4.5 of Title 22 of the California Code of Regulations and is
continuing to operate under the terms and conditions of that
determination.
(C) This paragraph shall remain operative only until June 30,
2018.
(18) (A) Commencing July 1, 2015, for review of the department's
enforcement of this chapter and the regulations implementing this
chapter. This review shall include an assessment of the enforcement
program, including, but not limited to, the following:
(i) Evaluation of workload and processes for hazardous waste
inspection, investigation, and enforcement activities.
(ii) Development, revision, and standardization of policies and
guidance documents for enforcement staff.
(iii) Evaluation of statutory and regulatory provisions governing
the enforcement program.
(B) This paragraph shall remain operative only until June 30,
2017.
(c) The funds deposited in the Toxic Substances Control Account
may be appropriated by the Legislature to the Office of Environmental
Health Hazard Assessment and the State Department of Public Health
for the purposes of carrying out their duties pursuant to the
California Environmental Contaminant Biomonitoring Program (Chapter 8
(commencing with Section 105440) of Part 5 of Division 103).
(d) The director shall expend federal funds in the Toxic
Substances Control Account consistent with the requirements specified
in Section 114 of the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9614), upon appropriation by the Legislature, for the purposes for
which they were provided to the state.
(e) Money in the Toxic Substances Control Account shall not be
expended to conduct removal or remedial actions if a significant
portion of the hazardous substances to be removed or remedied
originated from a source outside the state.
(f) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Toxic Substances Control
Account to meet cash needs. The loan shall be subject to the
repayment provisions of Section 16351 of the Government Code and the
interest provisions of Section 16314 of the Government Code.
(g) The Toxic Substances Control Account established pursuant to
subdivision (a) is the successor fund of all of the following:
(1) The Hazardous Substance Account established pursuant to
Section 25330, as that section read on June 30, 2006.
(2) The Hazardous Substance Clearing Account established pursuant
to Section 25334, as that section read on June 30, 2006.
(3) The Hazardous Substance Cleanup Fund established pursuant to
Section 25385.3, as that section read on June 30, 2006.
(4) The Superfund Bond Trust Fund established pursuant to Section
25385.8, as that section read on June 30, 2006.
(h) On and after July 1, 2006, all assets, liabilities, and
surplus of the accounts and funds listed in subdivision (g), shall be
transferred to, and become a part of, the Toxic Substances Control
Account, as provided by Section 16346 of the Government Code. All
existing appropriations from these accounts, to the extent
encumbered, shall continue to be available for the same purposes and
periods from the Toxic Substances Control Account.
(i) Notwithstanding Section 10231.5 of the Government Code, the
department, on or before February 1 of each year, shall report to the
Governor and the Legislature on the prior fiscal year's expenditure
of funds within the Toxic Substances Control Account for the purposes
specified in subdivision (b).