BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 909|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
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                                    CONSENT


          Bill No:  SB 909
          Author:   La Malfa (R) and Correa (D)
          Amended:  4/13/11
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  7-0, 4/4/11
          AYES:  Simitian, Strickland, Blakeslee, Hancock, Kehoe, 
            Lowenthal, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Treated wood waste:  disposal

           SOURCE  :     Western Wood Preservers Institute


           DIGEST  :    This bill specifies the Web site and phone 
          number to be posted on warning signs at treated wood 
          retailers and wholesalers and extends the sunset on the law 
          concerning disposal of treated wood waste to 2018.

           ANALYSIS  :    Existing law requires, among other things, 
          "treated wood waste," as defined, to be disposed of in 
          either a class I hazardous waste landfill, or in a 
          composite-lined portion of a solid waste landfill unit that 
          meets certain requirements.  Existing law requires each 
          wholesaler and retailer of treated wood and treated 
          wood-like products to conspicuously post information at 
          specified locations.  Existing law requires that the posted 
          message contain, among other things, sources for obtaining 
          further information, such as an Internet Web site and a 
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          toll-free number.  Existing law makes these, and other 
          requirements, inoperative on June 1, 2012, and repeals them 
          on January 1, 2013.  A violation of the state's hazardous 
          waste control laws is a crime.

          This bill:

          1. Specifies the website and phone number to be posted on 
             warning signs at treated wood retailers and wholesalers.

          2. Provides a sunset date of June 1, 2018.

          3. Deletes an obsolete section of code and makes clarifying 
             and technical amendments.

           Comments  .  According to the author, "Extending the sunset 
          will provide continued 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."

           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.

          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. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  5/3/11)

          Western Wood Preservers Institute (source)
          Arch Wood Protection, Inc.
          Brooks Manufacturing Co.







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          C & R Forest Products
          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 Company
          Chemical Industry Council of California
          Crenshaw Lumber Company
          Creosote Council
          Diablo Timber
          Engineering Contractors' Association
          Flasher Barricade Association
          Fontana Wood Preserving, Inc.
          Fred C. Holmes Lumber Company
          Lumber Association of California & Nevada
          Marin Builders' Association
          McFarland Cascade
          Orange Coast Hardware & Lumber Company
          Osmose, Inc.
          Railway Tie Association
          Sullivan & Mann Lumber Company, Inc.
          Treated Wood Council
          TrueGuard
          Viance, LLC


          DLW:mw  5/4/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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