2005 California Health and Safety Code Sections 25199-25199.14 Article 8.7. Procedures for the Approval of New Facilities

25199.  (a) The Legislature finds and declares as follows:
   (1) Existing laws require numerous permits before a hazardous
waste facility can be constructed and operated.  The permits are
issued by governmental agencies, at both the state and local levels
under land use planning, zoning, hazardous waste, air quality, water
quality, and solid waste management laws.
   (2) The approval of hazardous waste facilities is not currently a
coordinated  process.  The failure to coordinate the issuance of
multiple permits, licenses, land use approvals, and other types of
authorizations causes lengthy and costly delays.  The end result of
the process cannot be predicted, with any degree of certainty, by
either the proponent of a project to site and construct a facility
or by the concerned public.
   (3) Present procedures for approving hazardous waste facilities do
not provide meaningful opportunities for public involvement and are
not suitably structured to allow the public to make its concerns
known and to cause these concerns to be taken into consideration.
   (4) A formal administrative process for reviewing local
discretionary land use decisions on applications to site and
construct a hazardous waste facility has  not been established and
made available to interested persons who wish to appeal these
decisions.
   (b) The Legislature, therefore, declares that there is a critical
need to clarify the requirements that must be met, and the basic
procedures that must be followed, in connection with the approval of
hazardous waste facilities.
   (c) It is the intent of the Legislature, in enacting this article,
to establish the means to expedite the approval of needed hazardous
waste facilities; to ensure that new hazardous waste facilities are
not sited unless the facility operator provides financial assurance
that the operator can respond adequately to damage claims arising out
of the operation of the facility; to ensure that the facilities
comply with applicable laws and regulations; to clarify the
procedures to be followed in approving a facility; to establish
specific means to give the concerned  public a voice in decisions
relating to the siting and issuance of permits for hazardous waste
facilities; and to establish a process for appealing local decisions
on applications for land use approval for hazardous waste facilities.
25199.1.  Unless the context otherwise requires, the following
definitions govern the construction of this article:
   (a) "Appeal board" means an appeal board established pursuant to
Section 25199.10.
   (b) "Hazardous waste facility project" means a project undertaken
for the purpose of siting and constructing a new hazardous waste
facility that will require a hazardous waste facilities permit issued
pursuant to Section 25200, or for the purpose of significantly
expanding or modifying an existing hazardous waste facility  that is
being used or operated under a permit issued pursuant to Section
25200 or a grant of interim status pursuant to Section 25200.5.
Unless expressly provided otherwise, "hazardous waste facility
project" includes a specified hazardous waste facility project.
   (c) "Interested person" means a person who participated in one or
more public meetings or hearings held to consider an application for
a land use decision for a specified hazardous waste facility project.
  "Participation" includes, but is not limited to, the giving of oral
or written testimony at a meeting or hearing, submission of
questions at a meeting or hearing, or attendance at the meeting or
hearing.
   (d) "Land disposal facility" means a hazardous waste facility
where hazardous waste is disposed in, on, under, or to the land.
   (e) "Land use decision" means a discretionary decision of a local
agency concerning a hazardous waste facility project, including the
issuance of a land use permit or a conditional use permit, the
granting of a variance, the subdivision of property, and the
modification of existing property lines pursuant to Title  7
(commencing with Section 65000) of the Government Code.
   (f) "Lead agency" means the public agency that has the principal
responsibility for approving a hazardous waste facility project.
   (g) "Local agency" means any public agency, other than a state
agency.
   (h) "Permit" means a permit, license, certificate, requirement, or
other entitlement for use required to site or construct a hazardous
waste facility.  "Permit" includes, but is not limited to, all of the
following:
   (1) A hazardous waste facility permit issued by the department
pursuant to this chapter.
   (2) Waste discharge requirements issued by a California regional
water quality control board pursuant to Article 4 (commencing with
Section 13260) of Chapter 4 of Division 7 of the Water Code.
   (3) An authority to construct permit issued by an air pollution
control district or air quality management district pursuant to
Division 26 (commencing with Section 39000).
   (4) A solid waste facilities permit issued by the enforcement
agency pursuant  to Article 2 (commencing with Section 66796.30) of
Chapter 3 of Title 7.3 of the Government Code.
   (i) "Proponent" means any person applying to a public agency for a
permit or a land use decision concerning a specified hazardous waste
facility project.
   (j) "Public agency" means any state agency or any local agency.
   (k) "Responsible agency" means any public agency, other than the
lead agency, which has the authority to issue a permit or make a land
use decision.
   (l) "Significantly expand or modify" means to expand or modify an
existing hazardous waste facility, including a specified hazardous
waste facility, in a manner so that a land use decision and an
environmental impact report are required.
   (m) "Specified hazardous waste facility" means an offsite facility
which serves more than one producer of hazardous waste.
   (n) "Specified hazardous waste facility project" means a project
undertaken  for the purpose of siting and constructing a new
specified hazardous waste facility or for the purpose of
significantly expanding or modifying an existing specified hazardous
waste facility that is being used or operated under a permit issued
pursuant to Section 25200 or a grant of interim status pursuant to
Section 25200.5.
   (o) "State agency" means any agency, board, or commission of state
government.  "State agency" also includes an air pollution control
district and an air  quality management district.
   (p) "Technical review" means the review of an application for a
hazardous waste facility project by a state agency to determine if
the facility meets the applicable statutes and regulations.
25199.2.  Except as otherwise provided in this article, Chapter 4.5
(commencing with Section 65920) of Division 1 of Title 7 of the
Government Code applies to all public agencies which make a land use
decision or issue a permit for a hazardous waste facility project, as
specified in Section 65963.1 of the Government Code.  The public
agency shall perform the duties and carry out the actions required by
Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7
of the Government Code in connection with applications submitted to
the public agency for a hazardous waste facility project, unless
otherwise specified in this article.
25199.3.  (a) Notwithstanding any other provision of law, an
applicant for a hazardous waste facility project may submit
applications for a land use decision and for one or more permits to
the appropriate public agencies simultaneously.  Unless a state
agency is prohibited by statute from approving a permit before the
granting of a local land use decision, the state agency shall not
refuse to issue a permit for a hazardous waste facility project on
the grounds that the applicant has not been granted a land use
permit, except that the state agency may provide that the permit
shall not become effective until the applicant is granted a local
land use permit.
   (b) Any public agency may request another public agency to jointly
review applications for a permit or land use decision for a
hazardous waste facility project.  A public agency may consolidate,
with other public agencies, public meetings and hearings permitted or
required by law or regulation for the issuance of a permit or the
making of a land use decision for a hazardous waste facility project.
   (c) The department shall coordinate the technical review of
applications for permits for hazardous waste facility projects that
are received by state agencies.
   (d) Upon the request of a local agency, the department, and any
other state agency that is authorized to issue a permit for a
hazardous waste facility project, shall provide technical assistance
to a local agency that is reviewing an application for a land use
decision for the project.
25199.4.  The Office of Permit Assistance in the Office of Planning
and Research shall, for any proposed hazardous waste facility
project, do all of the following:
   (a) Assist in identifying state and local permits required for the
proposed hazardous waste facility project.
   (b) Convene meetings or conferences, as necessary, prior to the
submittal of applications for permits to state and local agencies,
for the purpose of determining the scope of the hazardous waste
facility project, identifying the questions that state and local
agencies will have concerning the project, and determining
decisionmaking schedules.
   (c) Assist state and local agencies in consolidating public
meetings and hearings permitted or required by law or regulation for
approval of the permits for the project.
   (d) Encourage the joint review and processing of applications for
permits.
   (e) Work with the applicant and public agencies to ensure that
decisionmaking  deadlines are met.
   (f) Call meetings or conferences to resolve questions or mediate
disputes arising from applications for a permit for a hazardous waste
facility project.
25199.5.  (a) At the request of an applicant, the legislative body
of a local agency shall, within 60 calendar days after the local
agency has determined that an application for a land use decision for
a hazardous waste facility project is complete, issue an initial
written determination on whether the hazardous waste facility project
is consistent with both of the following:
   (1) The applicable local general plan and zoning ordinances in
effect at the time the application was received.
   (2) The county hazardous waste management plan authorized by
Article 3.5 (commencing with Section 25135), if the plan is in effect
at the time of the application.
   (b) The local agency shall send a copy of the written
determination made pursuant to subdivision (a) to the applicant.
   (c) The determination required by subdivision (a) does not
prohibit a local agency from making a different determination when
the final land use decision is made, if the final determination is
based on information which was not considered at the time the initial
determination was made.
25199.6.  (a) Section 65943 of the Government Code does not apply to
the department's review of applications for a hazardous waste
facilities permit.  The department shall review for completeness each
application for a hazardous waste facilities permit and notify the
applicant in writing whether the application is complete within 30
days from the date of receipt.  If the application is incomplete, the
department shall require the applicant to provide the information
necessary to make the application complete.  An application is not
deemed to be complete until the department notifies the applicant
that the application is complete.  After an application is determined
to be complete, the department may request additional information
only when necessary to clarify, modify, or supplement previously
submitted material.
   (b) Notwithstanding Section 65952 of the Government Code, any
public agency that is a responsible agency for a hazardous waste
facility project that is a land disposal facility shall approve or
disapprove the project within one of the following periods of time,
whichever is longer:
   (1) Within one year from the date on which the lead agency
approved or disapproved the project.
   (2) Within one year from the date on which the completed
application for the project has been received, and accepted as
complete, by that responsible agency.
   (c) Notwithstanding Section 65952 of the Government Code and
Section 25199.2, any public agency that is a responsible agency for a
hazardous waste facility project that is not a land disposal
facility shall approve or disapprove the project within one of the
following periods of time, whichever is longer:
   (1) Within 180 days from the date on which the lead agency
approved or disapproved the project.
   (2) Within 180 days from the date on which the completed
application for the project has been received, and accepted as
complete, by that responsible agency.
   (d) Subdivision (b) of Section 65956 of the Government Code does
not apply to the failure of a lead agency or responsible agency to
approve or disapprove a permit for a hazardous waste facility project
within the time limits established by Sections 65950 and 65952 of
the Government Code and subdivisions (b) and (c) of this section.  If
a lead agency or a responsible agency fails to act within those time
limits, the applicant may file an action pursuant to Section 1085 of
the Code of Civil Procedure to compel the agency to approve or
disapprove the permit for the project within a reasonable time, as
the court may determine.
25199.7.  (a) At least 90 days before filing an application for a
land use decision for a specified hazardous waste facility project
with a local agency, the proponent shall file a notice of intent to
make the application with the Office of Permit Assistance in the
Office of Planning and Research and with the applicable city or
county.  The notice of intent shall specify the location to which the
notice of intent is applicable and shall contain a complete
description of the nature, function, and scope of the project.  The
Office of Permit Assistance shall immediately notify affected state
agencies of the notice of intent.  The local agency shall publish a
notice in a newspaper of general circulation in the area affected by
the proposed project, shall post notices in the location where the
proposed project is located, and shall notify, by a direct mailing,
the owners of contiguous property, as shown in the latest equalized
assessment roll.  A notice of intent filed with a local agency shall
be accompanied by a fee which shall be set by the local agency in an
amount equal to the local agency's cost of processing the notice of
intent and carrying out the notification requirements of this
subdivision.  A notice of intent is not transferable to a location
other than the location specified in the notice and shall remain in
effect for one year from the date it is filed with a local agency or
until it is withdrawn by the proponent, whichever is earlier.
   (b) A notice of intent is not effective and a proponent may not
file an application for a land use decision for a specified hazardous
waste facility project with a local agency unless the proponent  has
first complied with subdivision (a).
   (c) Within 90 days after a notice of intent is filed with the
Office of Permit Assistance pursuant to subdivision (a), the office
shall convene a public meeting in the affected city or county to
inform the public on the nature, function, and scope of the proposed
specified hazardous waste facility project and the procedures that
are required for approving applications for the project.
   (d) The legislative body of the affected local agency shall
appoint a seven member local assessment committee  to advise it in
considering an application for a land use decision for a specified
hazardous waste facility project.  The members of the local
assessment committee may be appointed at any time after the notice of
intent is filed with the local agency but shall be appointed not
later than 30 days after the application for the land use decision is
accepted as complete by the local agency.  The local agency shall
charge the project proponent a fee to cover the local agency's costs
of establishing and convening the local assessment committee.  The
fee shall accompany the application for a land use decision.
   (1) The membership of the committee shall be broadly constituted
to reflect the makeup of the community, and shall include three
representatives of the community at large, two representatives of
environmental or public interest groups, and two representatives of
affected businesses and industries.  Members of local assessment
committees selected pursuant to this subdivision shall have no direct
financial interest, as defined in Section 87103 of the Government
Code, in the proposed specified hazardous waste facility project.
   (2) The local assessment committee shall, as its primary function,
advise the appointing legislative body of the affected local agency
of the terms and conditions under which the proposed hazardous waste
facility project may be acceptable to the community.  To carry out
this function, the local assessment committee shall do all of the
following:
   (A) Enter into a dialogue with the proponent for the proposed
hazardous waste facility project to reach an understanding with the
proponent on both of the following:
   (i) The measures that should be taken by the proponent in
connection with the operation of the proposed hazardous waste
facility project to protect the public health, safety, and welfare,
and the environment of the city or county.
   (ii) The special benefits and remuneration the facility proponent
will provide the city or county as compensation for the local costs
associated with the operation of the facility.
   (B) Represent generally, in meetings with the project proponent,
the interests of the residents of the city or county and the
interests of adjacent communities.
   (C) Receive and expend any technical assistance grants made
available pursuant to subdivision (g).
   (D) Adopt rules and procedures which are necessary to perform its
duties.
   (E) Advise the legislative body of the city or county of the
terms, provisions, and conditions for project approval which have
been agreed upon by the committee and the proponent, and of any
additional information which the committee deems appropriate.  The
legislative body of the city or county may use this advice for its
independent consideration of the project.
   (3) The legislative body of the affected jurisdiction shall
provide staff resources to assist the local assessment committee in
performing its duties.
   (4) A local assessment committee established pursuant to this
subdivision shall cease to exist after final administrative action by
state and local agencies has been taken on the permit applications
for the project for which the committee was convened.
   (e) A local agency shall notify the Office of Permit Assistance
within 10 days after an application for a land use decision for a
specified hazardous waste facility project is accepted as complete by
the local agency and, within 60 days after receiving this notice,
the Office of Permit Assistance shall convene a meeting of the lead
and responsible agencies for the project, the proponent, the local
assessment committee, and the interested public, for the purpose of
determining the issues which concern the agencies that are required
to approve the project and the issues which concern the public.  The
meeting shall take place in the  jurisdiction where the application
has been filed.
   (f) Following the meeting required by subdivision (e), the
proponent and the local assessment committee appointed pursuant to
subdivision (d) shall meet and confer on the specified hazardous
waste facility project proposal for the purpose of establishing the
terms and conditions under which the project will be acceptable to
the community.
   (g) (1) If the local assessment committee finds that it requires
assistance and independent advice to adequately review a proposed
hazardous waste facility project, it may request technical assistance
grants from the local agency to enable the committee to hire a
consultant.  The committee may use technical assistance grant funds
made available to it to hire a consultant to do either, or both, of
the following:
   (A) Assist the committee in reviewing and evaluating the
application for the project, the environmental documents prepared for
the project pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code) and any other documents, materials, and information that are
required by a public agency in connection with the application for a
land use decision or a permit.
   (B) Advise the local assessment committee in its meetings and
discussions with the facility proponent to seek agreement on the
terms and conditions under which the project will be acceptable to
the community.
   (2) The local agency shall require the proponent of the proposed
hazardous waste facility project to pay a fee equal to the amount of
any technical assistance grant provided the local assessment
committee under paragraph (1).  The funds received as a result of the
imposition of the fee shall be used to make technical assistance
grants exclusively for the purposes described in paragraph (1).
   (3) The local agency shall deposit any fee imposed pursuant to
paragraph (2) in an account created in the city or county treasury,
maintain records of all expenditures from the account, and return any
unused funds and accrued interest to the project proponent upon
completion of the review of the proposed hazardous waste facility
project.
   (h) If the local assessment committee and the proponent cannot
resolve any differences through the meetings, the Office of Permit
Assistance may assist in this resolution pursuant to Section 25199.4.
   (i) This section applies only to a specified hazardous waste
facility project.
25199.8.  (a) If an action or proceeding has been commenced in any
court to attack, review, set aside, void, or annul the acts or
decisions of a lead agency for a specified hazardous waste facility
project on the grounds of noncompliance with Division 13 (commencing
with Section 21000) of the Public Resources Code, the proponent may,
notwithstanding the action or proceeding, request the responsible
agencies for the specified hazardous waste facility project to
continue to process applications for approval of permits for the
project received and accepted as complete by each responsible agency.
  If a responsible agency receives such a request, the time limits
specified in subdivisions (a), (b), and (c) of Section 25199.6 shall
apply.
   (b) Except as provided in subdivision (d), if any action or
proceeding is commenced to review the acts or decisions of a lead or
responsible agency for a specified hazardous waste facility project,
the proponent may petition the court to stay the action or
proceeding.  The court, in its discretion, may stay the action or
proceeding until all public agencies for the project have completed
reviewing and approving or disapproving the applications for permits
for the project.  The proponent may, at any time prior to completion
of these actions by the lead or responsible agencies, file a petition
with the court requesting that the action or proceeding be permitted
to proceed and, upon receiving such a petition, the court shall
discontinue the stay.
   (c) Notwithstanding subdivision (b), a court may enjoin a lead or
responsible  agency from approving a permit or license if the court
finds that the approval  would result in an imminent or substantial
endangerment of the public health or the environment or if there are
other compelling reasons that the action or proceeding should not be
stayed.
   (d) Subdivision (b) does not apply to an action or proceeding
which alleges that a lead or responsible agency has not complied with
Division 13 (commencing with Section 21000) of the Public Resources
Code.
25199.9.  (a) A proponent may file an appeal of a land use decision
made by a local agency for a specified hazardous waste facility
project with the Governor or the Governor's designee pursuant to
subdivision (b), (c), or (d) and any interested person may file an
appeal of a land use decision made by a local agency for a specified
hazardous waste facility project pursuant to subdivision (e).  The
proponent or an interested person shall file the appeal within 30
calendar days after the date the local agency takes final action on
the land use decision.  If the proposed project would accept or
manage both hazardous waste and solid waste, the appeal shall relate
only to the local land use decision concerning the  hazardous waste
portion of the proposed facility. Any decisions of an appeal board
involving the proposed facility shall affect only the hazardous waste
portion of the local land use decision.
   (b) If an application for a land use decision for a specified
hazardous waste  facility project is disapproved by a local agency,
the proponent for the specified hazardous waste facility project may
file an appeal of the disapproval with the Governor or the Governor's
designee.  The Governor or the Governor's designee shall convene an
appeal board pursuant to Section 25199.10 to hear the appeal pursuant
to this subdivision if the proponent has applied for, and obtained,
all permits for the specified hazardous waste facility project which
can be obtained before construction from those responsible agencies
which are state agencies.
   (c) (1) Notwithstanding subdivision (b), if an application for a
land use decision for a specified hazardous waste facility project is
disapproved by a local agency before an environmental impact report
for the project is prepared and certified, as specified in Section
21151 of the Public Resources Code, or before a negative declaration
for the project is adopted pursuant to subdivision (c) of Section
21080 of the Public Resources Code, the proponent may file an appeal
of the disapproval with the Governor or the Governor's designee.
   (2) Within 30 days after an appeal is filed pursuant to this
subdivision, the Governor or the Governor's designee shall convene an
appeal board, pursuant to Section 25199.10.  The appeal board shall
thereafter be the lead agency for the specified hazardous waste
facility project and shall perform the duties specified in, and carry
out the actions required by, Division 13 (commencing with Section
21000) of the Public Resources Code.  The proponent may apply for
those permits for the specified hazardous waste facility project
which can be obtained before construction from those responsible
agencies which are state agencies, at any time before or after the
appeal board's compliance with actions required by Division 13
(commencing with Section 21000) of the Public Resources Code.  The
time limits specified in subdivisions (a), (b), and (c) of Section
25199.6 apply to these responsible agencies except that, for the
purposes of these time limits, the date when the appeal board has
complied with all actions required by Division 13 (commencing with
Section 21000) of the Public Resources Code shall be deemed
equivalent to the date when a lead agency decides to approve or
disapprove a project.
   (3) After the proponent has applied for and obtained the permits
specified in paragraph (2), the proponent for the specified hazardous
waste facility project  may request the Governor or the Governor's
designee to reconvene the appeal board to hear the appeal.  The
Governor or the Governor's designee shall reconvene the appeal board
pursuant to Section 25199.10 to hear the appeal of a disapproval
pursuant to this subdivision if it has been demonstrated to the
Governor or the Governor's designee that the proponent has applied
for, and obtained, all permits for the specified hazardous waste
facility project which can be obtained before construction from those
responsible agencies which are state agencies.
   (d) If an application for a land use decision for a specified
hazardous waste  facility project is approved by a local agency, the
proponent for the specified hazardous waste facility project may file
an appeal of one or more conditions imposed by the land use decision
with the Governor or the Governor's designee.  An appeal filed under
this subdivision shall specify the particular condition or
conditions imposed by the land use decision that are appealed and
shall be based solely on the grounds that the condition or conditions
imposed on the operation of the facility by the land use decision
are so onerous and restrictive that their imposition is the same as a
disapproval of the application for a land use decision.  The
Governor or the Governor's designee shall convene an appeal board
pursuant to this subdivision if the proponent has applied for, and
obtained, all permits for the specified hazardous waste facility
project which can be obtained prior to its construction from those
responsible agencies which are state agencies.
   (e) If an application for a land use decision for a specified
hazardous waste facility project is approved by a local agency, any
interested person may file an appeal of the approval with the
Governor or the Governor's designee.  An appeal may be filed pursuant
to this subdivision only if the appeal is based solely on the
grounds that the conditions imposed on the project by the land use
decision do not adequately protect the public health, safety, or
welfare. The Governor or the Governor's designee shall convene an
appeal board pursuant to this subdivision if the proponent for the
specified hazardous waste facility project has applied for, and
obtained, all permits for the project which can be obtained prior to
its construction from those responsible agencies which are state
agencies.  An interested person filing an appeal pursuant to this
subdivision shall state in the appeal why the conditions imposed by
the land use decision do not adequately protect the public health,
safety, or welfare and shall specify the additional condition or
conditions which are necessary to provide that protection.
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.
25199.11.  (a) An appeal board convened by the Governor or the
Governor's designee to hear an appeal pursuant to subdivision (b) or
(c) of Section 25199.9 shall follow the procedures and requirements
specified in this section.
   (b) Within 30 days after the Governor or the Governor's designee
determines that an appeal board should be convened pursuant to
subdivision (b) of Section 25199.9, or paragraph (3) of subdivision
(c) of Section 25199.9, the appeal board shall be convened.  Within
15 days after the appeal board has been convened, a public hearing
shall be held in the city or county where the specified hazardous
waste facility project is located.  At the hearing, the proponent,
and the local agency whose land use decision is being appealed, shall
present arguments and evidence to the appeal board concerning
whether or not the appeal should be accepted.
   (c) Within 15 days after the date of the public hearing specified
in subdivision (b), the appeal board shall decide whether or not to
accept the appeal.  The  appeal board may accept an appeal only by an
affirmative vote of four members of the appeal board.  The appeal
board shall make its decision based upon the arguments and evidence
presented at the hearing.  The appeal board's decision shall be in
writing, shall be signed by the members who voted in favor of the
decision, and shall state the reasons for accepting or rejecting the
appeal.  The appeal board may accept the appeal if the arguments and
evidence presented at the hearing tend to show that, when the local
agency's reasons for disapproving the application for a land use
decision are weighed against statewide, regional, or county hazardous
waste management policies, goals, and objectives, there are
compelling reasons to review the disapproval of the application.
   (d) If the appeal board accepts the appeal, within 30 days after
this acceptance, the appeal board shall conduct an informal workshop
on the subject of the appeal in the city or county where the
specified hazardous waste facility project is proposed to be located.
  Within 45 days following acceptance of the appeal, the appeal board
shall also hold a public hearing in the community to hear the
arguments and evidence for the purpose of making a tentative decision
on the appeal.  In issuing a decision pursuant to the hearing, the
appeal board shall adopt  a rebuttable presumption that the land use
decision of the local agency disapproving the application is
supported by substantial reasons and that, when these reasons are
weighed against statewide, regional, or county hazardous waste
management policies, goals, and objectives, the reasons for reversing
the local agency's action are not compelling.  In all matters
related to the appeal, including, but not limited to, matters related
to the findings required by subdivision (f), the burden of proof
shall be with the proponent to rebut this presumption and to
establish that there are compelling reasons to reverse the local
agency's land  use decision.
   (e) Within 45 days after the public hearing, the appeal board
shall, by an affirmative vote of at least four members, issue a
written decision on the appeal.  If the appeal board agrees with the
land use decision of the local agency, the appeal board shall state
its reasons for this position.  If the appeal board agrees with the
proponent's appeal, the appeal board shall issue a tentative decision
stating that the local agency's land use decision should be
reversed.
   (f) The appeal board shall not reverse the local agency's land use
decision unless the appeal board makes all of the following
findings:
   (1) That the significant environmental impacts of the specified
hazardous waste facility project will be adequately mitigated.
   (2) That the specified hazardous waste facility project was
consistent with the applicable city or county general plan when the
local agency accepted, as complete, the proponent's application for a
land use decision.  For the purpose of this finding, a project is
consistent with the applicable city or county general  plan if the
appeal board makes one of the following determinations:
   (A) The appeal board may determine that a specified hazardous
waste facility project that is not a land disposal facility project
is consistent with the general plan if the appeal board makes all  of
the following findings:
   (i) The project is proposed to be located in an area zoned and
designated in the applicable general plan for industrial use and
substantially developed with other industrial facilities which
produce, treat, or dispose of hazardous waste onsite and which are
served by the same transportation routes as the proposed facility.
In addition, the land uses authorized in the applicable general plan
and zoning ordinances in the vicinity of the project are compatible
with the project.
   (ii) There is no clear and express provision in the general plan
which states that such a specified hazardous waste facility project
is inconsistent with the general plan, or, if there is such a
provision, the provision was adopted after January 1, 1983.
   (iii) The specified hazardous waste project is consistent, as
determined by the appeal board, with the general plan.
   (B) The appeal board may determine that a specified hazardous
waste facility project is consistent with the applicable city or
county general plan if the project is a land disposal facility
project, and if all of the following apply:
   (i) There is no clear and express provision in the general plan
that states that such a specified hazardous waste facility project is
inconsistent with the general plan, or, if there is such a
provision, the provision was adopted after January 1, 1983.
   (ii) The project is consistent, as determined by the appeal board,
with the general plan.
   (3) That the specified hazardous waste facility is consistent with
the county  hazardous waste management plan, if such a plan has been
adopted by the county, and approved by the department, pursuant to
Article 3.5 (commencing with Section 25135).
   (4) That alternative locations for the specified hazardous waste
facility project, as identified in the environmental impact report
for the project and in the county hazardous waste management plan, if
one has been approved by the department, have been adequately
considered by the appeal board in determining the appropriateness of
the location chosen for the project.
   (5) That reversing the local agency's land use decision is
consistent with statewide, regional, and county hazardous waste
management policies, goals, and objectives.  In making this finding,
the appeal board shall consider all of the following factors:
   (A) Whether or not a need for the specified hazardous waste
facility project has been demonstrated.
   (B) Whether or not the specified hazardous waste facility project
is of a type, and in a location, that conforms to statewide,
regional, or local hazardous waste management policies.
   (C) Whether or not the specified hazardous waste facility will be
operated using the best feasible hazardous waste management
technologies.
   (g) The local agency whose land use decision is being appealed may
reconsider the action and approve the application for the land use
decision, consistent with the appeal board's tentative decision,
within 60 days after the appeal board issues its tentative decision.
If the local agency does not approve the application for the land
use decision consistent with the tentative decision within 60 days
after the decision is issued, the appeal board shall, by an
affirmative vote of at least four members, issue a final decision.
If the final decision reverses the local agency's land use decision,
the appeal board shall then require the local agency to approve the
application for the land use decision and if the local agency does
not approve the application for the land use decision, the Attorney
General shall bring an action to require the local agency to approve
the application for the land use decision for the specified hazardous
waste facility project.
25199.13.  (a) An appeal board convened by the Governor or the
Governor's designee to hear an appeal pursuant to subdivision (d) or
(e) of Section 25199.9 shall follow the procedures and requirements
specified in this section.
   (b) Within 30 days after the Governor or the Governor's designee
determines that an appeal board should be convened pursuant to
subdivision (d) or (e) of Section 25199.9, an appeal board shall be
convened and a public hearing held in the city or county where the
specified hazardous waste facility project is located.  At the
hearing, the proponent or the interested party and the local agency
whose land use decision is being appealed shall present arguments and
evidence to the appeal board concerning whether or not the appeal
should be accepted.
   The arguments and evidence presented to the appeal board convened
pursuant to subdivision (d) of Section 25199.9 shall only concern
whether or not a condition or conditions imposed on the operation of
the facility by the land use decision are so onerous and restrictive
that their imposition is the same as a disapproval of the application
for a land use decision.  The arguments and evidence presented to
the appeal board convened pursuant to subdivision (e) of Section
25199.9 shall only concern whether or not a condition or conditions
imposed on the project by the land use decision do not adequately
protect the public health, safety, and welfare.
   (c) Within 15 days after the date of the public hearing, the
appeal board shall decide whether or not to accept the appeal.  The
appeal board may accept an appeal only by an affirmative vote of five
members of the appeal board.  The appeal board shall make its
decision based upon the arguments and evidence presented  at the
hearing.  The appeal board's decision shall be in writing, shall be
signed by the members who voted in favor of the decision, and shall
state the reasons for accepting or rejecting the appeal.  The appeal
board may not accept the appeal unless it finds that the proponent or
interested party has demonstrated a substantial likelihood of
prevailing on the merits if the appeal is accepted for  hearing.
   (d) If the appeal board accepts the appeal, within 30 days after
this decision, the appeal board shall hold a public hearing in the
city or county where the specified hazardous waste facility project
is located to hear the arguments and evidence it requires to make a
decision on the appeal.  The appeal board shall restrict the scope of
the hearing to those matters which the appeal board determines are
directly related to the subject matter of the appeal.  In making a
decision pursuant to the hearing, the appeal board shall adopt a
rebuttable presumption that the local agency's land use decision is
supported by substantial reasons  and that there are no compelling
reasons to modify it.  In all matters related to the appeal, the
burden of proof shall be with the proponent or the interested party
to rebut this presumption and to establish, by clear and convincing
evidence, that there are compelling reasons to modify the local
agency's land use decision.
   (e) Within 30 days after the public hearing, the appeal board
shall, by an affirmative vote of at least five members, issue a
decision on the appeal. The decision shall be written, shall be
signed by the members in favor of the decision, and shall include the
reasons for the decision.
   (f) If the appeal board is convened by the Governor or the
Governor's designee pursuant to subdivision (d) of Section 25199.9,
the appeal board shall not issue a  decision modifying the local
agency land use decision, unless the appeal board finds that there is
clear and convincing evidence that one or more conditions imposed
on the facility by the land use decision are so onerous and
restrictive that their imposition is the same as a disapproval of the
application for a land  use decision.  If the appeal board agrees
with the proponent concerning these conditions, the appeal board
shall require the local agency to modify the condition or conditions
imposed by the land use decision, as the appeal board deems
necessary.  If the local agency does not modify the terms of the
local land use  decision, as required by the appeal board, the
Attorney General shall bring an action to require the local agency to
modify the local land use decision in accordance with the
determination of the appeal board.
   (g) If the appeal board is convened by the Governor or the
Governor's designee pursuant to subdivision (e) of Section 25199.9,
the appeal board shall not issue a decision approving the appeal of
the interested person unless the appeal board finds that there is
clear and convincing evidence that the land use decision approved by
the local agency failed to impose one or more conditions necessary to
protect the public health, safety, or welfare.  If the appeal board
approves the appeal of the interested person concerning these
conditions, the appeal board shall require the local agency to modify
the land use decision in accordance with the appeal board's
decision.  If the local agency does not modify the land use decision
as required by the appeal board, the Attorney General shall bring an
action to require the local agency to modify the land use decision
in accordance with the determination of the appeal board.
25199.14.  The final decision of the appeal board concerning an
appeal authorized pursuant to Section 25199.9 shall be deemed to be
the final administrative action of the appeal board.