BILL NUMBER: AB 2254	CHAPTERED  08/23/04

	CHAPTER  240
	FILED WITH SECRETARY OF STATE  AUGUST 23, 2004
	APPROVED BY GOVERNOR  AUGUST 23, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  JULY 29, 2004
	AMENDED IN SENATE  JULY 20, 2004
	AMENDED IN SENATE  JUNE 23, 2004
	AMENDED IN ASSEMBLY  APRIL 20, 2004
	AMENDED IN ASSEMBLY  MARCH 30, 2004

INTRODUCED BY   Assembly Member Aghazarian

                        FEBRUARY 19, 2004

   An act to add Section 25250.22 to the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2254, Aghazarian.  Used oil filters:  management.
   (1) Existing law defines "used oil" for purposes of the provisions
regulating the handling of used oil and requires used oil to be
managed as a hazardous waste, unless the used oil meets specified
requirements.  A violation of the laws regulating used oil is a
crime.
   This bill would, to the extent consistent with the federal
Resource Conservation and Recovery Act of 1976 (RCRA), authorize
filters that contain a residue of gasoline or diesel fuel, to be
managed in accordance with the requirements of the  Department of
Toxic Substances Control's regulations governing the management of
used oil filters, unless the department adopts regulations with
regard to those filters that contain residues.  The bill would
require the management of filters that contain a residue of gasoline,
and commingled filters that include filters that contain residue of
gasoline, to meet additional specified requirements.
   Since a violation of these requirements would be a crime, the bill
would impose a state-mandated local program.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25250.22 is added to the Health and Safety
Code, to read:
   25250.22.  (a) Notwithstanding any other provision of state law,
and to the extent consistent with the federal act, a filter that
contains a residue of gasoline or diesel fuel, may be managed in
accordance with the requirements in the department's regulations
governing the management of used oil filters, unless the department
adopts regulations establishing management standards specific to
filters that contain those residues.
   (b) Management of filters that contain residue of gasoline, and
commingled filters that include filters that contain residue of
gasoline, shall also meet all of the following requirements:
   (1) The filters shall be stored in containers that are designed to
prevent ignition of the gasoline and that are labeled "used oil and
gasoline filters."
   (2) For purposes of transportation, the filters shall be packaged,
and the package shall be marked and labeled in accordance with the
applicable requirements of Parts 172 (commencing with Section 172.1),
173 (commencing with Section 173.1), 178 (commencing with Section
178.1), and 179 (commencing with Section 179.1) of Title 49 of the
Code of Federal Regulations.
   (3) The filters shall be stored and otherwise managed in
accordance with applicable state and local fire code regulations.
   (4) Any gasoline, or used oil commingled with gasoline, that
accumulates in containers or other equipment used for filter storage
or recycling, and nonmetal filter material removed from filter
housing, shall be evaluated pursuant to Section 66262.11 of Title 22
of the California Code of Regulations, to determine its regulatory
status under the federal act, and it shall be managed accordingly.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.