BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 25
                                                                Page 1

        CONCURRENCE IN SENATE AMENDMENTS
        AB 25 (Environmental Safety and Toxic Materials Committee)
        As Amended  August 9, 2010
        2/3 vote.  Urgency
         
         ---------------------------------------------------------------------- 
        |ASSEMBLY: |     |(January 27,    |SENATE: |32-0 |(August 12, 2010)    |
        |          |     |2010)           |        |     |                     |
         ---------------------------------------------------------------------- 
                  (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