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 Page 2 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 Page 3 FN: 0005881