BILL ANALYSIS Ó
SB 909
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 909
AUTHOR: LaMalfa
AMENDED: As Introduced
FISCAL: Yes HEARING DATE: April 4, 2011
URGENCY: No CONSULTANT: Peter Cowan
SUBJECT : TREATED WOOD WASTE
SUMMARY :
Existing law :
1) Under requirements related to treated wood waste. (Health
and Safety Code §25150.7).
a) Defines "treated wood" as wood that has been treated
with federally registered chemicals to prevent attack by
insects, fungi, microbes, and other environmental
conditions.
b) Allows treated wood waste (TWW), if handled in a
specified manner, to be disposed of in either a class I
hazardous waste landfill or a composite lined portion of
a solid waste landfill.
c) Requires treated wood retailers and wholesalers to
post signs with information relating to the handling and
disposal of treated wood and to include a website and
toll-free phone number where additional information can
be found.
d) Requires the Department of Toxic Substances Control
(DTSC) to post a report determining the success of
implementation and compliance with §25150.7 on its
website no later than June 1, 2011.
e) Provides that the above provisions are inoperative
June 1, 2012 and sunset January 1, 2013.
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2) Exempts wood waste from hazardous waste law if it
originates from electrical, gas, or telephone services and
is disposed of in a composite-lined portion of a municipal
waste landfill that meets the requirements set forth in the
Porter-Cologne Water Quality Control Act (Water Code §13000
et seq.). (Health and Safety Code §25143.1.5).
This bill :
1) Specifies the website and phone number to be posted on
warning signs at treated wood retailers and wholesalers.
2) Strikes the sunset provisions.
3) Deletes an obsolete section of code and makes clarifying
and technical amendments.
COMMENTS :
1) Purpose of Bill . According to the author, "Eliminating
this sunset will continue clear statutory guidance for the
disposal of TWW in Class I hazardous waste landfills and
composite-lined portions of solid waste landfills,
including composite-lined Class II or Class II landfills
with leachate collection."
2) Background . AB 1353 (Matthews) Chapter 597, Statutes of
2004, rescinded variances that had been previously issued
by DTSC allowing TWW to be disposed of in lined municipal
landfills. At the same time AB 1353 provided for the
disposal of TWW under similar restrictions while DTSC
adopted predisposal management and worker safety
regulations. A final version of these regulations took
effect July 1, 2007.
3) Efficacy of Current Law . By June 1, 2011 DTSC is required
to release a report that makes a determination regarding
whether the implementation and compliance with existing law
regarding TWW has been successful.
4) Amendments needed. Until the DTSC report is received and
evaluated by the Legislature it is prudent to extend the
sunset five years, rather than eliminate the sunset. Once
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the report can be reviewed by the Legislature and
stakeholders, the status of the program including the
sunset and other provisions can be altered as necessary.
SOURCE : Western Wood Preservers Institute
SUPPORT : Arch Wood Protection Inc, Brooks Manufacturing
Co.,
C & R Forest Products, California Cascade
Industries, California Chamber of Commerce,
California Chapter of the American Fence
Association, California Fence Contractors
Association, California Forestry Association,
California Landscape Contractors Association,
California Manufacturers & Technology
Association, Champion Lumber Co., Chemical
Industry Council of CA, Crenshaw Lumber Co.,
Diablo Timber, Engineering Contractors
Association, Flasher Barricade Association,
Fred C. Holmes Lumber Company, Highway Wood of
the West, Inc., J.H. Baxter & Co., Lumber
Association of California and Nevada, Marin
Builders Association, McFarland Cascade, Orange
Coast Hardware & Lumber Company, Osmose, Inc.,
Pacific Wood Preserving Companies, Sierra
Pacific Industries, Sullivan & Mann Lumber
Company, Inc., Treated Wood Council, TrueGuard,
LLC, Viance, LLC, Western Wood Preservers
Institute
OPPOSITION : None on file