BILL ANALYSIS Ó
SB 909
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Date of Hearing: June 14, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
SB 909 (La Malfa) - As Amended: April 13, 2011
SENATE VOTE : 40 - 0
SUBJECT : Treated wood waste: disposal.
SUMMARY : Modifies code relating to treated wood waste (TWW)
disposal, including: 1) deletes obsolete sections of code; 2)
specifies the website and phone number that wholesalers and
retailers of treated wood and treated wood-like products are
required to post on warning signs so that consumers can access
information about treated wood; and, 3) extends the sunset of
TWW disposal requirements from 2012 to 2017.
EXISTING LAW :
Under Treated Wood Waste Law:
1)Defines "treated wood" as wood that has been treated with a
chemical preservative for purposes of protecting the wood
against attacks from insects, microorganisms, fungi, and other
environmental conditions that can lead to decay of the wood
and the chemical preservative is registered pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
2)Defines "wood preserving industry" as business concerns, other
than retailers, that manufacture or sell treated wood products
in the state.
3)Requires TWW 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 specified requirements.
4)Requires each wholesaler and retailer of treated wood and
treated wood-like products to conspicuously post specified
warning information at or near the point of display or
customer selection of treated wood and treated wood-like
products used for fencing, decking, retaining walls,
landscaping, outdoor structures, and similar uses.
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5)Requires the Department of Toxic Substances Control (DTSC), in
consultation with the California Integrated Waste Management
Board, (now the Department of Resources Recycling and
Recovery,) the State Water Resources Control Board, and the
Office of Environmental Health Hazard Assessment, and after
consideration of any known health hazards associated with
treated wood waste, to adopt regulations, as specified,
establishing management standards for TWW. Authorizes DTSC to
subsequently revise these regulations as necessary.
6)Requires DTSC, on or before June 1, 2011, to prepare and post
on its website a report that makes a determination regarding
the successful compliance with, and implementation of, TWW
laws and regulations.
7)Sunsets the TWW requirements on June 1, 2012, and, as of
January 1, 2013, deems those requirements repealed, as
specified.
Under Hazardous Waste Control Law:
8)Prohibits the disposal of any hazardous waste when the
disposal is at a facility which does not have a permit from
DTSC.
9)Prohibits the owner or operator of a storage facility,
treatment facility, transfer facility, resource recovery
facility, or disposal site from accepting, treating, storing,
or disposing of a hazardous waste at the facility, area, or
site, unless the owner or operator holds a hazardous waste
facilities permit or other grant of authorization from DTSC.
FISCAL EFFECT : Unknown.
COMMENTS :
Need for the bill : 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."
TWW : According to DTSC, TWW is wood commonly used in ground or
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water contact applications that have been removed from service.
This wood is typically treated with preserving chemicals that
protect the wood from insect attack and fungal decay during its
use. Examples of treated wood uses include fence posts, sill
plates, landscape timbers, pilings, guardrails, and decking.
TWW contains hazardous chemicals, such as arsenic, chromium,
copper, creosote, and pentachlorophenol, which pose a risk to
human health and the environment. These chemicals are known to
be toxic or carcinogenic. Harmful exposure to these chemicals
may result from dermal contact with TWW, or from inhalation or
ingestion of TWW particulate (e.g., sawdust and smoke).
California's TWW program : Disposal guidelines and regulatory
authority for TWW were created pursuant to AB 1353 (Matthews,
Chapter 597, Statutes of 2004). Health and Safety Code (HSC)
Section 25150.7 (f) requires DTSC to adopt regulations
establishing management standards for TWW. In addition, HSC
25150 (d)(1) authorizes the disposal of TWW in either a class I
hazardous waste landfill, or in a composite-lined portion of a
solid waste landfill unit that meets specified requirements.
Because TWW contains hazardous chemicals, at elevated levels it
is subject to California's Hazardous Waste Control Law. DTSC
developed, through regulations, alternative management standards
(AMS) for TWW that are based upon full hazardous waste
requirements but are adjusted for the unique circumstances
associated with TWW. AMS lessen storage requirements, extend
accumulation periods, allow shipments without a hazardous waste
manifest and a hazardous waste hauler, and allow disposal at
specific non-hazardous waste landfills. According to DTSC, the
AMS simplify and facilitate the safe and economical disposal of
TWW.
Prior to the passage of AB 1353, TWW was required to be disposed
of according to general hazardous waste control guidelines.
Because HSC Section 25150.7 (l) sunsets TWW statutes on June 1,
2012, should TWW statues be allowed to sunset, TWW disposal
requirements, including DTSC authority to specially regulate
TWW, would likely revert back to those that existed prior to the
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passage of AB 1353.
Jumping the gun ? HSC Section 25150.7 (k) requires DTSC, on or
before June 1, 2011, to prepare and post on its website a report
reviewing compliance with, and implementation of, TWW laws and
regulations. The Committee may wish to consider DTSC's report
on TWW laws and regulations prior to considering passage of this
bill.
REGISTERED SUPPORT / OPPOSITION :
Support
Western Wood Preservers Institute (sponsor)
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 Company
Chemical Industry Council of California
Coast Wood preserving, Inc.
Crenshaw Lumber Company
Creosote Council
Diablo Timber
Engineering Contractors' Association
Flasher Barricade Association
Fontana Wood Preserving, Inc.
Fred C. Holmes Lumber Company
Golden State Builder's Exchange
Highway Wood of the West
J.H. Baxter & Company
Lumber Association of California & Nevada
Marin Builders' Association
McFarland Cascade
Orange Coast Hardware & Lumber Company
Osmose, Inc.
Railway Tie Association
Sierra Pacific Industries
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Sullivan & Mann Lumber Company, Inc.
Treated Wood Council
TrueGuard
Viance, LLC
Opposition
None on file.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965