reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 6 - Solid Waste Enterprises › ARTICLE 3 - Continuation of Services › Section 49524.

49524. Notwithstanding Section 49523, a solid waste enterprise may not waive the right to continue to provide solid waste handling services as provided in this chapter.
(Added by Stats. 1998, Ch. 811, Sec. 6. Effective September 24, 1998.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 7 - Burning Garbage › ARTICLE 1 - General Provisions › Section 49600.

49600. No person shall operate in any city or town any crematory for the destruction by fire heat of garbage, ashes, offal, or other refuse matter, except as provided in this chapter.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 7 - Burning Garbage › ARTICLE 1 - General Provisions › Section 49601.

49601. No crematory described in Section 49600 shall be operated in this state except in a manner which will prevent the propagation of disease through contamination of the atmosphere of any city or town by the gases or fumes arising from the fires or ovens of the crematory.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 7 - Burning Garbage › ARTICLE 1 - General Provisions › Section 49602.

49602. Every person who burns by fire heat or destroys by cremation any garbage, ashes, offal, or other refuse matter in violation of this article is guilty of a misdemeanor.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 8 - GARBAGE AND REFUSE DISPOSAL › CHAPTER 7 - Burning Garbage › ARTICLE 2 - Cremation of Animal Refuse › Section 49620.

49620. Any person who destroys, or who attempts to destroy, the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher shop by fire within one-fourth of a mile of any city, town, or village, except in a crematory whose construction and operation are satisfactory to the board of health of the city or the health officer of the town, is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than one year or by fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 9 - Premoistened Nonwoven Disposable Wipes › Section 49653.

49653. (a) A person who violates Section 49651 may be enjoined in any court of competent jurisdiction.
(b) (1) A covered entity who violates Section 49651 may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day, up to a maximum of one hundred thousand dollars ($100,000) for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. For purposes of this section, offering for sale or selling in California one or more units of the same covered product labeled in violation of Section 49651 shall constitute a single violation for each day the noncompliant units are offered for sale or sold.
(2) In assessing the amount of a civil penalty for a violation of Section 49651, the court shall consider all of the following:
(A) The nature, circumstances, extent, and gravity of the violation.
(B) The violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment.
(C) The violator’s ability to pay the proposed penalty.
(D) The effect that the proposed penalty would have on the violator and the community as a whole.
(E) Whether the violator took good faith measures to comply with this part and when these measures were taken.
(F) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.
(G) Any other factor that justice may require.
(c) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, by a county counsel, or by a city prosecutor in a city or city and county having a full-time city prosecutor.
(d) (1) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, county counsel, city prosecutor, district attorney, or Attorney General, whichever office brought the action.
(2) Moneys collected by the Attorney General pursuant to this subdivision shall be deposited into the Unfair Competition Law Fund established pursuant to Section 17206 of the Business and Professions Code.
(Added by Stats. 2021, Ch. 590, Sec. 2. (AB 818) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 9 - Premoistened Nonwoven Disposable Wipes › Section 49654.

49654. (a) The provisions of this part are severable. If any provision of this part or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(b) The Legislature finds and declares that this part addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this part applies to all cities, including charter cities. This part supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the labeling of covered products.
(Added by Stats. 2021, Ch. 590, Sec. 2. (AB 818) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 31 - WASTE MANAGEMENT FACILITIES › Section 50000.5.

50000.5. (a) Until a countywide integrated waste management plan has been approved by the California Integrated Waste Management Board pursuant to Division 30 (commencing with Section 40000), no person shall establish or expand a solid waste facility or transformation facility unless the city or county in which the site is located makes a finding that the establishment or expansion of the facility is consistent with the applicable general plan of the city or county. This finding shall not be made unless the city or county has adopted a general plan which complies with the provisions of Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(b) In addition to the requirements in subdivision (a), any new or expanded solid waste disposal facility or transformation facility shall be deemed to be consistent with the general plan only if both of the following requirements are met:
(1) The facility is located in a land use area designated or authorized for solid waste facilities in the applicable city or county general plan.
(2) The land uses which are authorized adjacent to, or near, the facility are compatible with the establishment, or expansion of, the solid waste disposal facility or transformation facility.
(Added by Stats. 1990, Ch. 1617, Sec. 5. Effective September 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 31 - WASTE MANAGEMENT FACILITIES › Section 50001.

50001. (a) Except as provided by subdivision (b), after a countywide or regional agency integrated waste management plan has been approved by the Department of Resources Recycling and Recovery pursuant to Division 30 (commencing with Section 40000), a person shall not establish or expand a solid waste facility, as defined in Section 40194, in the county unless the solid waste facility meets one of the following criteria:
(1) The solid waste facility is a disposal facility, a transformation facility, or an EMSW conversion facility, the location of which is identified in the countywide siting element or amendment to that element, which has been approved pursuant to Section 41721.
(2) The solid waste facility is a facility that is designed to recover for reuse or recycling at least 5 percent of the total volume of material received by the facility, and that is identified in the nondisposal facility element that has been approved pursuant to Section 41800 or is included in an update to that element.
(b) Solid waste facilities other than those specified in paragraphs (1) and (2) of subdivision (a) shall not be required to comply with the requirements of this section.
(c) The person or agency proposing to establish a solid waste facility shall prepare and submit a site identification and description of the proposed facility to the task force established pursuant to Section 40950. Within 90 days after the site identification and description is submitted to the task force, the task force shall meet and comment on the proposed solid waste facility in writing. These comments shall include, but are not limited to, the relationship between the proposed solid waste facility and the implementation schedule requirements of Section 41780 and the regional impact of the facility. The task force shall transmit these comments to the person or public agency proposing establishment of the solid waste facility, to the county, and to all cities within the county. The comments shall become part of the official record of the proposed solid waste facility.
(d) The review and comment by the local task force shall not be required for an update to a nondisposal facility element.
(Amended by Stats. 2013, Ch. 411, Sec. 12. (AB 1126) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 31 - WASTE MANAGEMENT FACILITIES › Section 50001.2.

50001.2. Nothing in this division is intended to limit the ability of a city or county to enter into a joint exercise of powers agreement to establish procedures, plans, policies, and criteria to which solid waste facilities shall conform.
(Added by Stats. 1992, Ch. 1291, Sec. 11. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 31 - WASTE MANAGEMENT FACILITIES › Section 50002.

50002. (a) The California Integrated Waste Management Board may, by regulation, specify classifications of solid waste facilities that are exempt from the requirements of Sections 50000, 50000.5, and 50001. The regulation may be adopted only if the board makes all of the following findings:
(1) The exemption is not contrary to the public interest.
(2) The quantity of solid wastes to be disposed of at each site is insignificant.
(3) The nature of the solid wastes poses no significant threat to the public health, the public safety, or the environment.
(b) The application to land of agricultural products derived from municipal sewage sludge for use as a fertilizer material, based on a finding by the board that the nature of the solid waste poses no significant threat to the public health, the public safety, or the environment, is exempt from the requirements of Sections 50000 and 50000.5.
(Amended by Stats. 1990, Ch. 1617, Sec. 6. Effective September 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 33 - GLASS CONTAMINATION › CHAPTER 1 - The Clean Glass Recycling Act of 990 › ARTICLE 1 - Title and Definitions › Section 70000.

70000. This chapter shall be known and may be cited as the Clean Glass Recycling Act of 1990.
(Added by Stats. 1990, Ch. 879, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 33 - GLASS CONTAMINATION › CHAPTER 1 - The Clean Glass Recycling Act of 990 › ARTICLE 1 - Title and Definitions › Section 70001.

70001. “Beverage or food container” means packaging of finished products which contain food or drink items for retail sale.
(Added by Stats. 1990, Ch. 879, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 33 - GLASS CONTAMINATION › CHAPTER 1 - The Clean Glass Recycling Act of 990 › ARTICLE 2 - Ceramic Glass Use › Section 70020.

70020. On or after January 1, 1991, it is unlawful to sell, manufacture, or distribute glass beverage or glass food containers which, as part of the product, bear or are attached to ceramic materials. This section does not apply to ceramic enamels used for decorating or labeling glass beverage containers or other glass containers, or to special edition or holiday season distilled spirit containers which are not intended for disposal and are intended to be retained as collectors’ items.
(Added by Stats. 1990, Ch. 879, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 33 - GLASS CONTAMINATION › CHAPTER 1 - The Clean Glass Recycling Act of 990 › ARTICLE 3 - Penalties › Section 70030.

70030. In addition to other applicable civil or criminal penalties, any person convicted of a violation of this chapter is guilty of an infraction, which is punishable by a fine of not more than one thousand dollars ($1,000) per day that the violation continues. Each day of violation is a separate offense.
(Added by Stats. 1990, Ch. 879, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 33 - GLASS CONTAMINATION › CHAPTER 1 - The Clean Glass Recycling Act of 990 › ARTICLE 3 - Penalties › Section 70031.

70031. (a) Any person who violates this chapter is subject to a civil penalty of not more than one thousand dollars ($1,000) per day for each day that the violation continues.
(b) The city attorney or district attorney in whose jurisdiction the violation occurs, or the Attorney General, may petition the superior court to impose, assess, and recover the civil penalties provided in this section.
(c) The penalties under this section are in addition to any other applicable civil or criminal penalties.
(Added by Stats. 1990, Ch. 879, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 1 - Legislative Findings and Intent › Section 71000.

71000. This part shall be known, and may be cited, as the Environmental Protection Permit Reform Act of 1993.
(Amended by Stats. 1996, Ch. 962, Sec. 6. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 2 - Definitions › Section 71011.

71011. “Environmental agency” means any of the following:
(a) The Department of Toxic Substances Control, the Department of Pesticide Regulation, the State Air Resources Board, the State Water Resources Control Board, the California Integrated Waste Management Board, and the Office of Environmental Health Hazard Assessment.
(b) A California regional water quality control board.
(c) A district, as defined in Section 39025 of the Health and Safety Code.
(d) An enforcement agency, as defined in Section 40130 of the Public Resources Code.
(e) A county agricultural commissioner with respect to his or her administration of Divisions 6 (commencing with Section 11401) and 7 (commencing with Section 12501) of the Food and Agricultural Code.
(f) The local agency responsible for administering Chapter 6.7 (commencing with Section 25280) of the Health and Safety Code concerning underground storage tanks and any underground storage tank ordinance adopted by a city or county.
(g) The local agency responsible for the administration of the requirements imposed pursuant to Section 13370.5 of the Water Code.
(h) A certified unified program agency as provided in Chapter 6.11 (commencing with Section 25404) of Division 20 of the Health and Safety Code.
(i) Any other state, regional, or local permit agency for the project that participates at the request of the permit applicant upon the permit agency’s agreement to be subject to this division.
(Amended by Stats. 1996, Ch. 367, Sec. 1. Effective August 19, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 2 - Definitions › Section 71012.

71012. “Environmental permit” means any license, certificate, registration, permit, or other form of authorization required by an environmental agency to engage in a particular activity. “Environmental permit” includes, but is not limited to, activities subject to Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, if the activities are under the jurisdiction of an environmental agency. “Environmental permit” does not include any certification or decision pursuant to Division 13 (commencing with Section 21000).
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 2 - Definitions › Section 71013.

71013. “Project” means an activity, the conduct of which requires an environmental permit from two or more environmental agencies.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 2 - Definitions › Section 71014.

71014. “Consolidated permit” means a permit incorporating the environmental permits granted by environmental agencies for a project and issued in a single permit document by the consolidated permit agency.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 2 - Definitions › Section 71015.

71015. “Consolidated permit agency” means the environmental agency that has the greatest overall jurisdiction over a project, as determined pursuant to Section 71020.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 2 - Definitions › Section 71016.

71016. “Participating permit agency” means an environmental agency, other than the consolidated permit agency, that is responsible for the issuance of an environmental permit for a project.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 2 - Definitions › Section 71017.

71017. (a) “Council” means the California Environmental Policy Council.
(b) The council is hereby created and consists of the following members or their designees:
(1) The Secretary for Environmental Protection.
(2) The Director of Pesticide Regulation.
(3) The Director of Toxic Substances Control.
(4) The Chairperson of the State Air Resources Board.
(5) The Chairperson of the State Water Resources Control Board.
(6) The Director of the Office of Environmental Health Hazard Assessment.
(7) The Chairperson of the California Integrated Waste Management Board.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 3 - Consolidated Permits › Section 71020.

71020. (a) On or before January 1, 1995, the secretary shall establish an administrative process which may be used, at the request of a permit applicant for a project pursuant to Section 71021, for the designation of a consolidated permit agency for the project.
(b) That administrative process shall consist of the establishment of guidelines for designating the consolidated permit agency for the project. The guidelines shall be adopted as regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code. In those cases where an environmental agency is the lead agency for purposes of Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, or Division 13 (commencing with Section 21000), that environmental agency shall be the consolidated permit agency. In other cases, the guidelines shall require that at least the following factors be considered in determining which environmental agency has the greatest overall jurisdiction over the project:
(1) The types of facilities or activities that make up the project.
(2) The types of public health and safety and environmental concerns that should be considered in issuing environmental permits for the project.
(3) The environmental medium that may be affected by the project, the extent of those potential effects, and the environmental protection measures that may be taken to prevent the occurrence of, or to mitigate, those potential effects.
(4) The regulatory activity that is of greatest importance in preventing or mitigating the effects that the project may have on public health and safety or the environment.
(5) The statutory and regulatory requirements that apply to the project and the complexity of those requirements.
(c) The secretary shall also establish a procedure for referring projects to the council for the designation of a consolidated permit agency in any of the following circumstances:
(1) Because of the nature of the project, the guidelines adopted pursuant to subdivision (a) do not provide clear guidance concerning which environmental agency should be designated the consolidated permit agency.
(2) The consolidated permit agency or a participating permit agency disagrees with the designation of the consolidated permit agency.
(3) The environmental agency designated as the consolidated permit agency under the guidelines declines the designation and participating permit agencies are not willing to accept designation as the consolidated permit agency.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 3 - Consolidated Permits › Section 71023.

71023. (a) The permit applicant may withdraw from the consolidated permit process by submitting to the consolidated permit agency a written request that the process be terminated. Upon receipt of the request, the consolidated permit agency shall notify the secretary and each participating permit agency that a consolidated permit is no longer applicable to the project.
(b) The permit applicant may submit a written request to the consolidated permit agency that the permit applicant wishes a participating permit agency to withdraw from participation on the basis of a reasonable belief that the issuance of the consolidated permit would be accelerated if the participating permit agency withdraws. In that event, the participating permit agency shall withdraw from participation if the consolidated permit agency approves the request.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 3 - Consolidated Permits › Section 71024.

71024. The consolidated permit agency shall ensure that the participating permit agencies make all the environmental permit decisions that are necessary for the incorporation of the environmental permits into the consolidated permit and act on the component environmental permits within the time periods established pursuant to paragraph (4) of subdivision (a) of Section 71022.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 3 - Consolidated Permits › Section 71025.

71025. Each environmental permit incorporated in the consolidated permit shall have the legal status and the regulatory effect that is specified in the statute and regulations under which the environmental permit would be separately issued and shall be administered and enforced by the environmental agency that would have separately issued it.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 3 - Consolidated Permits › Section 71026.

71026. (a) A consolidated permit agency may charge and collect a reasonable fee from any person seeking a consolidated permit to recover the estimated costs incurred by the consolidated permit agency in carrying out the requirements of this division.
(b) The fees charged shall recover only the costs of performing those consolidated permit services and shall be either negotiated with the permit applicant in the meeting required pursuant to Section 71022, or shall be set by the environmental agency in advance of its designation as a consolidated permit agency for the project in a fee schedule adopted by the environmental agency for use in the event that the environmental agency is so designated. In addition, the billing process shall provide for accurate time and cost accounting and a billing cycle that provides for progress payments.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 3 - Consolidated Permits › Section 71027.

71027. A petition by the permit applicant for review of an environmental agency action in issuing, denying, or amending an environmental permit, or any portion of a consolidated permit agency permit, shall be submitted by the permit applicant to the consolidated permit agency or the participating permit agency having jurisdiction over that portion of the consolidated permit and shall be processed in accordance with the procedures of that environmental agency. The environmental agency receiving the petition shall, within 30 days, notify the other environmental agencies participating in the original consolidated permit.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 3 - Consolidated Permits › Section 71028.

71028. If an applicant petitions for a significant amendment or modification to a consolidated permit application or any of its component environmental permit applications, the consolidated permit agency shall reconvene a meeting of the participating permit agencies, conducted in accordance with Section 71022.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 3 - Consolidated Permits › Section 71029.

71029. If an applicant fails to provide information required for the processing of the component environmental permit applications for a consolidated permit or for the designation of a consolidated permit agency, the time requirements of this division shall be tolled until such time as the information is provided.
(Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 4 - Time Limit Appeals › Section 71030.

71030. (a) On or before December 31, 1994, the secretary shall adopt regulations establishing an expedited appeals process by which a petitioner or applicant may appeal any failure by an environmental agency to take timely action on the issuance or denial of an environmental permit in accordance with the time limits established pursuant to Section 71022 or Section 25199.6 of the Health and Safety Code.
(b) If the secretary finds that the time limits under appeal have been violated without good cause, the secretary shall establish a date certain by which the environmental agency shall act on the permit application with adequate provision for the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (a) of Section 71022, and provide for the full reimbursement of any filing or permit processing fees paid by the applicant to the environmental agency for the permit application under appeal. For purposes of this section, “good cause” shall have the same meaning as defined in subdivision (g) of Section 15376 of the Government Code.
(c) The determination of the secretary on an appeal shall be based only on procedural violations, including, but not limited to, the exceeding of time limits, not on any nonprocedural matter with regard to the environmental permit application or the environmental permit.
(d) In cases of a violation of time limits set pursuant to Section 71022, the determination of the secretary to order a reimbursement of any application filing fee pursuant to the regulations adopted pursuant to subdivision (a) shall only be applicable to the consolidated permit agency or to the participating permit agencies that are in violation of the time limits without showing good cause.
(e) Notwithstanding any other provision of this section, an appeal pursuant to subdivision (a) shall be only for violations of the time limits established pursuant to Section 71022 for those environmental agencies described in subdivisions (c) and (h) of Section 71011.
(Amended by Stats. 2002, Ch. 405, Sec. 72. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1 - PERMITS › CHAPTER 4 - Time Limit Appeals › Section 71031.

71031. (a) Each state environmental agency, as defined in subdivisions (a) and (b) of Section 71011, in consultation and coordination with all interested parties, may adopt a process to precertify equipment and processes as being in compliance with any laws and regulations applicable to the state environmental agency. The secretary shall ensure that, to the extent one or more state environmental agencies adopt regulations pursuant to this section, the regulations are standardized and coordinated in the most efficient and effective manner feasible.
(b) If a state environmental agency adopts regulations pursuant to subdivision (a), it shall, to the extent feasible and appropriate, adopt standardized permits to incorporate equipment and processes precertified pursuant to subdivision (a). Where applicable, the state environmental agencies shall include, as part of their precertification, a model standardized permit ordinance that local environmental agencies may adopt.
(c) Local environmental agencies, as defined in subdivisions (c) to (h), inclusive, of Section 71011, may adopt standardized permits to incorporate equipment and processes precertified pursuant to subdivision (a). Nothing in this section shall limit the ability of a local environmental agency to adopt additional requirements as part of the standardized permit to meet local health and safety concerns.
(d) For purposes of this section, a “standardized permit” means a permit for pollution sources or activities that are the same or similar in their nature, and which require the submission of the same or similar information for purposes of issuing, monitoring, and enforcing permit requirements.
(e) Nothing in this section shall result in the reduction or elimination of environmental or public health protection or public participation, as provided under all applicable laws, in the issuance of any permit authorized by this section.
(f) Any environmental agency may charge a reasonable fee for costs incurred pursuant to this section, not to exceed estimated reasonable costs. Any fee shall be subject to Section 57001 of the Health and Safety Code.
(Added by Stats. 1996, Ch. 367, Sec. 2. Effective August 19, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1.5 - PERMIT ASSISTANCE CENTERS › Section 71040.

71040. The Governor’s Office of Business and Economic Development shall establish an electronic online permit assistance center through the Internet. The electronic online permit assistance center shall be available for use by any business or other entity subject to a law or regulation implemented by an agency, authority, bureau, board, commission, conservancy, council, department, state district, or office, and shall provide a business or other entity with assistance in complying with those laws and regulations. The center, which shall be called the “California Government-On Line to Desktops” or “CALGOLD” program, shall provide special software, “hotlinks,” and other online resources and tools that may be used by a business or other entity to streamline and expedite compliance with laws and regulations implemented by an agency, authority, bureau, board, commission, conservancy, council, department, state district, or office. The CALGOLD program shall, to the extent feasible, incorporate permit assistance activities of local and federal entities and of other entities of the state into its operations.
(Amended by Stats. 2012, Ch. 294, Sec. 13. (AB 2012) Effective September 11, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 1.5 - PERMIT ASSISTANCE CENTERS › Section 71041.

71041. The CALGOLD program shall be reviewed periodically and, when necessary, updated to assist businesses in the state that would benefit from information on permitting and regulatory compliance, including emerging industries and life sciences industries.
(Added by Stats. 2006, Ch. 283, Sec. 1. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 2 - ENVIRONMENTAL DATA REPORTING › CHAPTER 1 - Legislative Findings and Declarations › Section 71050.

71050. The Legislature hereby finds and declares all of the following:
(a) Environmental data is currently required by, and submitted to, a variety of public agencies with jurisdiction at the state, regional, and local levels of government. The same information is often submitted by the regulated community to different public agencies, almost always on one or more paper forms. Since a different format is now required for each such report, data items are required to be reformatted one or more additional times at a cost of time and money that brings no accompanying environmental benefit.
(b) The blizzard of incoming paper reports often exceeds the capacity of a public agency to digest the information. In some cases, the public agency cannot look at or evaluate all of the data received on paper. That problem of data utility is aggravated further by the current wasteful and error-laden practice of retyping data from paper forms into the public agency’s computer data base.
(c) In many cases, reported data originates in a computer data base maintained by the company submitting the report. The retyping of data by the public agency could be completely eliminated if business entities were permitted to submit the data in a single electronic format which every public agency could then use. That standard approach would permit both business entities and public agencies to save time and money that is now spent in reformatting, reentering, and reediting data. The data would also be available more quickly to any member of the public interested in using the data.
(d) Business entities already use common, standardized electronic data formats and protocols to exchange commercial and technical information on materials to be transported and used in manufacturing. That application of electronic data interchange is an important factor in determining the competitiveness of business entities in this state. The imposition by government of barriers to, or multiple incompatible data format requirements on, those existing electronic interchanges impairs the competitiveness of business entities without bringing any accompanying environmental benefit.
(e) It is the policy of the state, for environmental and hazardous materials reporting purposes, to employ nonproprietary electronic data formats and transmission protocols that already function effectively for ongoing commercial and industrial data exchanges between business entities and across different computer operating systems instead of expending public funds to develop public agency-specific formats and protocols.
(Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 2 - ENVIRONMENTAL DATA REPORTING › CHAPTER 2 - Definitions › Section 71053.

71053. “Advisory committee” means the Environmental Data Management Advisory Committee established pursuant to Section 71064.
(Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 2 - ENVIRONMENTAL DATA REPORTING › CHAPTER 3 - Data Management › Section 71060.

71060. The secretary shall develop and adopt information technology standards by which public agencies and regulated business entities and the other members of the regulated community may use computers and other information technology to specify, request, report, collect, communicate, process, display, disseminate, or otherwise utilize data for environmental data reporting requirements that are imposed in the course of granting permits or other authorizations to operate issued pursuant to specified provisions of state and federal law and regulations.
(Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 2 - ENVIRONMENTAL DATA REPORTING › CHAPTER 3 - Data Management › Section 71061.

71061. The secretary shall establish a standardized electronic format and protocol for the exchange of electronic data for the purpose of meeting environmental data reporting or other usage requirements that are imposed pursuant to all of the following laws and regulations adopted pursuant to those laws:
(a) Chapter 6.5 (commencing with Section 25100), including, but not limited to, Article 6 (commencing with Section 25160), Chapter 6.7 (commencing with Section 25280), and Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code.
(b) Article 1 (commencing with Section 42300) of Chapter 4 of Part 4 of Division 26 of the Health and Safety Code.
(c) Division 7 (commencing with Section 13000) of the Water Code.
(d) The Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.).
(e) The Emergency Planning and Community Right-to-Know Act (42 U.S.C. Sec. 11001 et seq.).
(f) Any other law relating to environmental protection, including, but not limited to, hazardous waste, substances, and materials, as determined by the secretary.
(Amended by Stats. 1998, Ch. 880, Sec. 13. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 2 - ENVIRONMENTAL DATA REPORTING › CHAPTER 3 - Data Management › Section 71062.

71062. The secretary shall identify the environmental data reporting or usage requirements imposed pursuant to the laws listed in Section 71061 and reflect those requirements in the elements of the standardized electronic format and protocol, develop a data dictionary that describes the characteristics of each format element and its relationship to each environmental data reporting or usage requirement, and develop evaluation criteria by which the successful use of the standardized electronic format and protocol may be measured.
(Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 2 - ENVIRONMENTAL DATA REPORTING › CHAPTER 3 - Data Management › Section 71063.

71063. (a) The proposed standardized electronic format and protocol required by Section 71061 and the alternative signature techniques required by Section 71066 shall be tested in the Counties of Santa Clara and San Mateo as a pilot program, for a period determined by the secretary, and at the initiative of business entity report submitters who have organized to implement electronic data interchange among themselves for other business purposes and who wish to employ the same technology for exchanging environmental data. Any of the participating business entities located within those counties who are required to comply with the environmental data reporting requirements imposed pursuant to the laws listed in Section 71061, may comply by submitting the data in the prescribed standardized electronic format.
(b) The secretary shall meet the requirements of Section 71063 using resources contributed exclusively by business participants. The secretary may accept and use computer hardware, software, and support services furnished by the industry or business participants at their own cost in order for the agency to participate in the pilot program. No public funds shall be encumbered in order to conduct, or pay for, any part of the pilot program originally undertaken or provided by any business participant. The brands of products employed shall not be identified in public, nor shall their use be deemed an endorsement of any particular brand or proprietary approach to electronic data interchange.
(Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 2 - ENVIRONMENTAL DATA REPORTING › CHAPTER 3 - Data Management › Section 71064.

71064. (a) There is in the agency the Environmental Data Management Advisory Committee. The advisory committee shall consist of not more than seven members appointed by the secretary. The secretary shall select members who represent business, government, and environmental groups, and who have proven expertise and current knowledge in the field of electronic data exchange.
(b) The advisory committee shall advise the secretary on the quickest, most effective, and least expensive alternative systems of electronic standards for formatting data.
(c) The meetings of the advisory committee shall be open to the public and shall provide an opportunity for the public to be heard on matters considered by the advisory committee.
(Amended by Stats. 2004, Ch. 193, Sec. 173. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 2 - ENVIRONMENTAL DATA REPORTING › CHAPTER 3 - Data Management › Section 71065.

71065. To the fullest extent practicable to public agencies and business entities, the secretary, in close consultation with the advisory committee, shall ensure that the standardized electronic format and protocol established pursuant to Section 71061 meets all of the following criteria:
(a) The format and protocol conforms with, or is compatible with, data interchange formats and protocols already in use in the regulated community for moving data from computer to computer, so that the format and pilot program may be implemented promptly, without the need for research and development into untried formats and protocols.
(b) The format and protocol works independently of the type of computer hardware, software, operating system, data storage device, and telecommunications equipment employed by prospective senders and receivers.
(c) The format and protocol accommodates the addition of new or revised data element specifications without requiring users to make costly modifications to the hardware or software that they employ to submit electronic data.
(Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 2 - ENVIRONMENTAL DATA REPORTING › CHAPTER 3 - Data Management › Section 71066.

71066. The secretary shall prescribe one or more techniques by which a report may be signed electronically by a person who would otherwise place a written signature on a paper version of the report. The prescribed electronic signature shall be binding on all persons and for all purposes under the law as if the signature had been made in ink on the equivalent paper document. The secretary may also prescribe a paper form for signature and certification of a report submitted in the prescribed file format on tangible magnetic media, including, but not limited to, floppy disks or magnetic tape.
(Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 2 - ENVIRONMENTAL DATA REPORTING › CHAPTER 3 - Data Management › Section 71067.

71067. Public agencies shall continue their current data auditing practices, and shall work with data submitters to correct all kinds of data error encountered. The pilot program shall require that each participant maintain an audit trail as part of the evaluation criteria so that inspectors and other evaluators may ensure that the data submitted comport with the data received along the electronic link.
(Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 34 - ENVIRONMENTAL PROTECTION › PART 2 - ENVIRONMENTAL DATA REPORTING › CHAPTER 3 - Data Management › Section 71068.

71068. (a) Upon the completion of a demonstration of any standardized electronic format and protocol and alternative signature technique pursuant to this part, to the satisfaction of the advisory committee, the secretary shall adopt that electronic format and protocol standard for use as an optional alternative to submitting environmental data on paper to any state or local agency.
(b) Any local agency requiring the submission of an element of environmental data not found in the data dictionary maintained by the secretary pursuant to Section 71062 may petition the secretary for inclusion of that data element. The secretary shall include an additional data item in the data dictionary only if the local agency demonstrates both of the following:
(1) One of the following applies:
(A) A specific requirement for that item in existing law or regulation.
(B) A principle of mathematics or science that requires the collection of that data item to meet another specific purpose under the applicable law.
(2) There is no other way to meet the local agency’s needs using combinations of data elements already incorporated into the data dictionary.
(c) The electronic submission of environmental data to any state or local agency in accordance with the data standards adopted under this part constitutes compliance with the environmental data reporting or other usage requirements imposed pursuant to the laws specified in subdivisions (a) to (f), inclusive, of Section 71061, and has the same force and effect as if the data had been submitted in ink on paper.
(d) Notwithstanding any other provision of law, no person or state or local agency shall be required to submit or receive environmental data electronically, but every state or local agency that elects to engage in electronic data management with regard to environmental data shall employ the electronic reporting standards adopted by the secretary under this part.
(e) Nothing in this section limits any existing authority of a local agency to require the submission of environmental data.
(Added by Stats. 1996, Ch. 962, Sec. 7. Effective January 1, 1997.)