BILL NUMBER: AB 1112	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 13, 2010
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Blakeslee

                        FEBRUARY 27, 2009

    An act to add Section 25144.1 to the Health and Safety
Code, relating to hazardous waste.   An act to add
Section 10707.7 to the Public Contract Code, relating to public
contracts. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1112, as amended, Blakeslee.  Hazardous waste:
management.   Public contracts: California State
University: service contracts: foreign countries.  
   Existing law establishes the California State University under the
administration of the Trustees of the California State University.
Existing law, known as the California State University Contract Law
sets forth a process through which contracts for projects, as
defined, that are entered into with respect to the California State
University may be competitively bid, entered into, and executed.
 
   This bill would authorize the trustees to enter into a contract
with the government of a foreign country to provide the services of
California State University staff or personnel in that foreign
country. The bill would require that any contract entered into by the
trustees and the government of a foreign country, to the extent
permitted by federal law, contain the following clauses: (1) a clause
requiring that a contractor and its subcontractors shall be required
to maintain a workplace that is free from harassment and
discrimination against any employee on the basis of sex, sexual
orientation, race, color, ancestry, religious creed, national origin,
mental disability, physical disability, medical condition, age,
marital status, or use of family care leave, (2) a clause requiring
that a contractor and its subcontractors shall provide written
assurance that they will comply with specified nondiscrimination laws
and regulations in the contract, (3) a clause requiring that a
contractor and any subcontractor subject to the requirements of the
bill shall provide specified written notice to any labor
organizations with which the contractor or subcontractor has a
collective bargaining or other labor agreement, and (4) a clause
requiring either that the foreign country make a specified waiver or
that the contract is subject to specified laws.  
   Existing law authorizes the Department of Toxic Substances Control
to grant a variance from the requirements regulating the management
of hazardous waste, if the department makes specified findings.
Existing law also requires the department to classify as nonhazardous
waste any fly ash, bottom ash, and flue gas emission control
residues generated from a biomass combustion process, as specified.
 
   This bill would require the department, to the extent it does not
violate federal law, to classify as nonhazardous waste petroleum
contact water and petroleum tank bottoms and sludge, as defined.

   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 10707.7 is added to the 
 Public Contract Code   , to read:  
   10707.7.  (a) The trustees may enter into a contract with the
government of a foreign country to provide the services of California
State University staff or personnel in that foreign country. Any
contract entered into by the trustees with a government of a foreign
country pursuant to this section, to the extent permitted under
federal law, shall contain all of the following clauses:
   (1) A clause stating either of the following:
   (A) That the government of the foreign country agrees to waive its
sovereign immunity with respect to the terms, conditions, and
execution of the contract.
   (B) That the contract is subject to the laws of the United States
and California.
   (2) A clause requiring that a contractor or any of its
subcontractors, or any employee of a contractor or subcontractor,
shall maintain a workplace that is free from harassment and
discrimination against any employee on the basis of sex, sexual
orientation, race, color, ancestry, religious creed, national origin,
mental disability, physical disability, medical condition, age,
marital status, or use of family care leave.
   (3) A clause requiring that a contractor and any of its
subcontractors shall provide written assurance that it will comply
with the fair employment provisions of the California Fair Employment
and Housing Act (Part 2.8 (commencing with Section 12900) of
Division 3 of Title 2 of the Government Code), and its implementing
regulations, and other applicable federal and state employment
nondiscrimination laws.
   (4) A clause requiring that a contractor or subcontractor shall
provide written notice of any contractual rights or obligations under
this section to any labor organizations with which the contractor or
subcontractor has a collective bargaining or other labor agreement.
   (b) The provisions of Article 9 (commencing with Section 10870)
shall not apply to any violations of this section.  
  SECTION 1.    Section 25144.1 is added to the
Health and Safety Code, to read:
   25144.1.  (a) Notwithstanding any other provision of law and to
the extent that it does not violate federal law, the department shall
classify petroleum contact water and petroleum tank bottoms and
sludge as nonhazardous waste.
   (b) For purposes of this section, the following definitions apply:

   (1) "Petroleum contact water" means water containing a petroleum
product, including, but not limited to any of the following:
   (A) Condensate from underground and aboveground petroleum tanks.
   (B) Water bottoms or drawdown water removed from a petroleum
storage tank system.
   (C) Petroleum tank filler sump and dispenser sump water.
   (D) Recovered product or water in contact with product, which does
not contain hazardous constituents other than petroleum, from first
response actions to petroleum spills or from petroleum contamination
site cleanups.
   (E) Aboveground petroleum tank seal leakage water.
   (F) Pumpable liquids from petroleum tank cleaning operations.
   (2) "Petroleum tank bottoms and sludge" means petroleum product,
water, and solids contained in the bottom of a storage tank of state
certified fuel, including the petroleum residue that remains at the
bottom of the tank after all liquids have been removed.