Section 25199.10 Of Article 8.7. Procedures For The Approval Of New Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.7.
25199.10
. (a) If an appeal is filed pursuant to subdivision (b),
(d), or (e) of Section 25199.9, or paragraph (3) of subdivision (c)
of Section 25199.9, the Governor or the Governor's designee shall
determine within five working days whether the proponent has obtained
all permits for the specified hazardous waste facility project which
can be obtained before construction from those responsible agencies
which are state agencies, and which were obtainable when the appeal
was filed. If, because the application for the appeal is incomplete,
the Governor or the Governor's designee is unable to determine,
within five working days, whether or not the appeal board should be
convened, the Governor or the Governor's designee shall return the
application for appeal to the proponent or interested party who filed
the appeal. The proponent or interested party shall resubmit the
completed application for an appeal within 20 calendar days after
receiving the returned appeal and if the proponent or interested
party fails to do so, the Governor or the Governor's designee shall
not reconsider whether to convene an appeal board.
(b) If the Governor or the Governor's designee determines,
pursuant to subdivision (a), that the proponent has obtained all
permits for the specified hazardous waste facility project which can
be obtained before construction from those responsible agencies which
are state agencies, or if an appeal is filed pursuant to paragraph
(1) of subdivision (c) of Section 25199.9, the Governor or the
Governor's designee shall convene an appeal board within 30 days
after making that determination or receiving that appeal, by
requesting the League of California Cities and the County Supervisors
Association of California to each nominate persons for appointment
to an appeal board, as specified in paragraphs (6) and (7) of
subdivision (c).
(c) An appeal board shall consist of seven members, five of whom
shall be the members listed in paragraphs (1) to (5), inclusive, and
two of whom shall be separately appointed for each particular appeal,
as provided in paragraphs (6) and (7). An appeal board shall consist
of the following members:
(1) The Director of Toxic Substances Control.
(2) The Chairperson of the State Air Resources Board.
(3) The Chairperson of the State Water Resources Control Board.
(4) A member of a county board of supervisors appointed by the
Senate Committee on Rules who shall be selected from the persons
nominated by the County Supervisors Association of California. The
appointment shall be for a period of four years, but shall terminate
earlier if the appointee does not continue in office as a member of a
board of supervisors.
(5) A member of a city council appointed by the Speaker of the
Assembly who shall be selected from the persons nominated by the
League of California Cities. The appointment shall be for a period of
four years, but shall terminate earlier if the appointee does not
continue in office as a member of a city council.
(6) A member of a county board of supervisors appointed by the
Speaker of the Assembly who shall be selected from the persons
nominated by the County Supervisors Association of California. The
member shall be from the county in which the specified hazardous
waste facility project which is the subject of the appeal is located.
However, if the member appointed pursuant to paragraph (4) is from
the county in which the specified hazardous waste facility project is
located, the member appointed pursuant to this paragraph shall not
be from that same county. If the appointee appointed pursuant to this
paragraph does not continue in office as a member of a board of
supervisors for the duration of the appeal for which the appointment
was made, the appointment shall terminate and a new appointment shall
be made.
(7) A member of a city council appointed by the Senate Committee
on Rules who shall be selected from the persons nominated by the
League of California Cities. The member shall be from the city in
which the specified hazardous waste facility project which is the
subject of the appeal is located, or from the city which the Governor
or the Governor's designee determines to be the most directly
affected by the project if the project is not located in a city.
However, if the member appointed under paragraph (5) is from a city
in the county in which the specified hazardous waste facility project
is located, the member appointed under this paragraph shall be from
a city in a different county. If the appointee appointed pursuant to
this paragraph does not continue in office as a member of a city
council for the duration of the appeal for which the appointment was
made, the appointment shall terminate and a new appointment shall be
made.
(d) The appeal board shall issue the final decision upon an appeal
in writing and the members of the appeal board shall sign the
decision.
(e) The Director of Toxic Substances Control, the Chairperson of
the State Air Resources Board, and the Chairperson of the State Water
Resources Control Board may designate an alternate to attend any
meetings or hearings of an appeal board in that person's place,
except that the alternate may not vote on a final decision on an
appeal or sign the written decision in place of the person for whom
the person serves as alternate.
(f) The Governor or the Governor's designee shall designate staff
to serve the appeal board.