BILL ANALYSIS Ó
SB 909
Page 1
SENATE THIRD READING
SB 909 (La Malfa and Correa)
As Amended April 13, 2011
Majority vote
SENATE VOTE :40-0
ENVIRONMENTAL SAFETY 9-0
APPROPRIATIONS 16-0
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|Ayes:|Wieckowski, Miller, |Ayes:|Fuentes, Harkey, |
| |Campos, Chesbro, Davis, | |Blumenfield, Bradford, |
| |Feuer, | |Charles Calderon, Campos, |
| |Bonnie Lowenthal, | |Donnelly, Gatto, Hall, |
| |Morrell, Valadao | |Hill, Lara, Mitchell, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Modifies code relating to treated wood waste (TWW)
disposal, including: 1) deletes obsolete sections of code; 2)
specifies the Web site 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 :
1)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.
2)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.
3)Requires the Department of Toxic Substances Control (DTSC), in
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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
revise these regulations.
4)Requires DTSC, on or before June 1, 2011, to prepare and post
on its Web site a report that makes a determination regarding
the successful compliance with, and implementation of, TWW
laws and regulations.
5)Sunsets the TWW requirements on June 1, 2012, and, as of
January 1, 2013, deems those requirements repealed, as
specified.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, implementation of this bill will result in negligible
state costs.
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
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 to the environment. These chemicals are toxic
or carcinogenic. Harmful exposure to these chemicals may result
from dermal contact with TWW, or from inhalation or ingestion of
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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 (Matthews), 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 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. This report as not been posted.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
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319-3965
FN: 0001613