BILL NUMBER: AB 445	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 15, 2011

   An act to amend Section 25101 of the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 445, as introduced, Carter. Hazardous waste.
   Existing law provides for the regulation of hazardous waste by the
Department of Toxic Substances Control and makes a declaration of
legislative intent regarding that regulation.
   This bill would delete obsolete provisions from, and make
nonsubstantive changes to, that declaration of legislative intent.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25101 of the Health and Safety Code is amended
to read:
   25101.  The Legislature therefore declares that:
   (a)  In order to protect the public health and the environment and
to conserve natural resources, it is in the public interest to
establish regulations and incentives  which   to
 ensure that the generators of hazardous waste employ
technology and management practices for the safe handling, treatment,
recycling, and destruction of their hazardous wastes prior to
disposal. 
   (b)  In order to assist the generators of hazardous waste in
meeting the responsibility for the safe disposal of hazardous waste
it is necessary to establish the Hazardous Waste Management Council.
 
   (c) 
    (b)  The Legislature further declares that  in
order  to protect the public of this state and particularly
the communities where hazardous wastes are treated and disposed 
of  , it is essential to  assure   ensure
 full compensation of all people injured or damaged by hazardous
wastes.  It is therefore necessary that the Hazardous Waste
Management Council, created pursuant to Section 25206, make
recommendations regarding a system of insurance and mechanisms
establishing liability to achieve this result, as required by
subdivision (e) of Section 25208.  
   (d) 
    (c)  It is in the best interest of the health and safety
of the people of the State of California for the state to obtain and
maintain authorization to administer a state hazardous waste program
in lieu of the federal program pursuant to Section 3006 of Public
Law 94-580, as amended, the Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6926). Therefore, it is the intent of the
Legislature that the director shall have those powers necessary to
secure and maintain interim and final authorization for the state
hazardous waste program pursuant to the requirements of Section 3006
of Public Law 94-580, the Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6926), and to implement  such  
that  program in lieu of the federal program.