BILL ANALYSIS
AB 25
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CONCURRENCE IN SENATE AMENDMENTS
AB 25 (Environmental Safety and Toxic Materials Committee)
As Amended August 9, 2010
2/3 vote. Urgency
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|ASSEMBLY: | |(January 27, |SENATE: |32-0 |(August 12, 2010) |
| | |2010) | | | |
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(vote not relevant)
Original Committee Reference: E.S. & T. M.
SUMMARY : Allows, on a one-time basis, for a used oil transporter
to receive a load of used oil from a generator whose identification
(ID) number has been suspended due to non-submittal of their annual
ID number fees.
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Allow for the consolidating manifesting procedures concerning
haulers of hazardous waste to be used for the receipt, by a
transporter, of one shipment of used oil from a generator whose
ID number has been suspended, if certain requirements are met.
2)Authorize the consolidating manifesting procedure to be used for
the receipt, by a transporter, of one shipment of used oil from a
generator whose ID number has been suspended due to non-submittal
of fees, if certain requirements are met.
3)Provide that this exemption would become inoperative on and after
January 1, 2014.
4)Add an urgency clause, allowing this bill to take effective
immediately upon enactment.
EXISTING LAW :
1)Requires all generators, transporters and facility operators that
handle hazardous wastes to obtain an ID number from the United
States Environmental Protection Agency or the California
Department of Toxic Substances Control (DTSC) depending on the
amount and types of hazardous waste they handle and pay an annual
fee.
AB 25
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2)Requires generators, transporters and facility operators to
complete a manifest that tracks the shipment of hazardous waste
from generation to disposal.
3)Authorizes certain California hazardous wastes as defined, to be
transported using a consolidated manifest.
AS PASSED BY THE ASSEMBLY , this bill modified existing mandatory
minimum penalties (MMPs) for violations of water quality laws for
publicly owned treatment works (POTWs) that serve small communities
by increasing the size of the served low-income community from
10,000 persons to 20,000 persons. These POTWs are allowed to apply
MMPs to the cost of remediation of the causes of water code
violations.
FISCAL EFFECT : This bill would result in a minor cost to the
Hazardous Substance Account due to the loss of annual generator ID
fees.
COMMENTS : This bill addresses the issues raised by the inability
of a used oil transporter to pick up a load of used oil from
generators who did not return their annual ID number verification
and related forms and fees. Often these are small generators who
infrequently generate used oil and have not acknowledged the need
to keep their ID number up to date. This bill allows for a
one-time pick up with both the generator and the transporter
reporting the pick up to DTSC.
This bill was substantially amended in the Senate and the Assembly
approved provisions of this bill were deleted. As passed by the
Assembly, this provided a change to the State Water Resources
Control Board MMP requirement for violation of State Water Code.
The issues raised by AB 25 were subsequently added to the
provisions of SB 1284 (Ducheny) which is currently awaiting action
in the Assembly. The expedited hazardous waste generator ID number
was addressed in AB 2388 (Miller) which was approved by the
Assembly Environmental Safety and Toxic Materials Committee but
subsequently held in the Assembly Appropriations Committee.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
AB 25
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FN: 0005881