BILL NUMBER: AB 2760 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Leno
FEBRUARY 22, 2008
An act to amend Section 21151.1 of the Public Resources Code,
relating to the environment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2760, as introduced, Leno. Environment: CEQA: pest eradication.
(1) The California Environmental Quality Act requires a lead
agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect.
Existing law authorizes the Secretary of Food and Agriculture to
notify specified entities before aerial spraying of a pesticide to
effect the eradication of a pest if the eradication project is
located in a urban area.
This bill would require the preparation of an environmental impact
report or the modification, addendum, or supplement to an existing
environmental impact report for the application of pesticide in an
urban area for the eradication of light brown apple moth.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21151.1 of the Public Resources Code is amended
to read:
21151.1. (a) Notwithstanding paragraph (6) of subdivision (b) of
Section 21080, or Section 21080.5 or 21084, or any other provision of
law, except as provided in this section, a lead agency shall prepare
or cause to be prepared by contract, and certify the completion of,
an environmental impact report or, if appropriate, a modification,
addendum, or supplement to an existing environmental impact report,
for a project involving any of the following:
(1) (A) The burning of municipal wastes, hazardous waste, or
refuse-derived fuel, including, but not limited to, tires, if the
project is either of the following:
(i) The construction of a new facility.
(ii) The expansion of an existing facility that burns hazardous
waste that would increase its permitted capacity by more than 10
percent.
(B) This paragraph does not apply to a project exclusively burning
hazardous waste, for which a final determination under Section
21080.1 has been made prior to July 14, 1989.
(2) The initial issuance of a hazardous waste facilities permit to
a land disposal facility, as defined in subdivision (d) of Section
25199.1 of the Health and Safety Code.
(3) The initial issuance of a hazardous waste facilities permit
pursuant to Section 25200 of the Health and Safety Code to an offsite
large treatment facility, as defined pursuant to subdivision (d) of
Section 25205.1 of the Health and Safety Code.
(4) A base reuse plan as defined in Section 21083.8.1. The
Legislature hereby finds that no reimbursement is required pursuant
to Section 6 of Article XIII B of the California Constitution for an
environmental impact report for a base reuse plan if an environmental
impact report is otherwise required for that base reuse plan
pursuant to any other provision of this division.
(5) The application of a pesticide, as defined pursuant to Section
12753 of the Food and Agricultural Code, by the Department of Food
and Agriculture in an urban area for an eradication project for light
brown apple moth.
(b) For purposes of clause (ii) of subparagraph (A) of paragraph
(1) of subdivision (a), the amount of expansion of an existing
facility shall be calculated by comparing the proposed facility
capacity with whichever of the following is applicable:
(1) The facility capacity authorized in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in a state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(2) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or a
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(c) For purposes of paragraphs (2) and (3) of subdivision (a), the
initial issuance of a hazardous waste facilities permit does not
include the issuance of a closure or postclosure permit pursuant to
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code.
(d) Paragraph (1) of subdivision (a) does not apply to a project
that does any of the following:
(1) Exclusively burns digester gas produced from manure or any
other solid or semisolid animal waste.
(2) Exclusively burns methane gas produced from a disposal site,
as defined in Section 40122, that is used only for the disposal of
solid waste, as defined in Section 40191.
(3) Exclusively burns forest, agricultural, wood, or other biomass
wastes.
(4) Exclusively burns hazardous waste in an incineration unit that
is transportable and that is either at a site for not longer than
three years or is part of a remedial or removal action. For purposes
of this paragraph, "transportable" means any equipment that performs
a "treatment" as defined in Section 66216 of Title 22 of the
California Code of Regulations, and that is transported on a vehicle
as defined in Section 66230 of Title 22 of the California Code of
Regulations, as those sections read on June 1, 1991.
(5) Exclusively burns refinery waste in a flare on the site of
generation.
(6) Exclusively burns in a flare methane gas produced at a
municipal sewage treatment plant.
(7) Exclusively burns hazardous waste, or exclusively burns
hazardous waste as a supplemental fuel, as part of a research,
development, or demonstration project that, consistent with federal
regulations implementing the Resource Conservation and Recovery Act
of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), has been
determined to be innovative and experimental by the Department of
Toxic Substances Control and that is limited in type and quantity of
waste to that necessary to determine the efficacy and performance
capabilities of the technology or process. However, a facility that
operated as a research, development, or demonstration project and for
which an application is thereafter submitted for a hazardous waste
facility permit for operation other than as a research, development,
or demonstration project shall be considered a new facility for the
burning of hazardous waste and shall be subject to subdivision (a)
of Section 21151.1 .
(8) Exclusively burns soils contaminated only with petroleum fuels
or the vapors from these soils.
(9) Exclusively treats less than 3,000 pounds of hazardous waste
per day in a thermal processing unit operated in the absence of open
flame, and submits a worst-case health risk assessment of the
technology to the Department of Toxic Substances Control for review
and distribution to the interested public. This assessment shall be
prepared in accordance with guidelines set forth in the Air Toxics
Assessment Manual of the California Air Pollution Control Officers
Association.
(10) Exclusively burns less than 1,200 pounds per day of medical
waste, as defined in Section 117690 of the Health and Safety Code, on
hospital sites.
(11) Exclusively burns chemicals and fuels as part of firefighter
training.
(12) Exclusively conducts open burns of explosives subject to the
requirements of the air pollution control district or air quality
management district and in compliance with OSHA and Cal-OSHA
regulations.
(13) Exclusively conducts onsite burning of less than 3,000 pounds
per day of fumes directly from a manufacturing or commercial
process.
(14) Exclusively conducts onsite burning of hazardous waste in an
industrial furnace that recovers hydrogen chloride from the flue gas
if the hydrogen chloride is subsequently sold, distributed in
commerce, or used in a manufacturing process at the site where the
hydrogen chloride is recovered, and the burning is in compliance with
the requirements of the air pollution control district or air
quality management district and the Department of Toxic Substances
Control.
(e) Paragraph (1) of subdivision (a) does not apply to a project
for which the State Energy Resources Conservation and Development
Commission has assumed jurisdiction under Chapter 6 (commencing with
Section 25500) of Division 15.
(f) Paragraphs (2) and (3) of subdivision (a) do not apply if the
facility only manages hazardous waste that is identified or listed
pursuant to Section 25140 or 25141 of the Health and Safety Code on
or after January 1, 1992, but not before that date, or only conducts
activities that are regulated pursuant to Chapter 6.5 (commencing
with Section 25100) of Division 20 of the Health and Safety Code on
or after January 1, 1992, but not before that date.
(g) This section does not exempt a project from any other
requirement of this division.
(h) For purposes of this section, offsite facility means a
facility that serves more than one generator of hazardous waste.