BILL NUMBER: AB 371 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Salas
FEBRUARY 14, 2013
An act to amend Section 120392.2 of the Health and Safety
13274 of the Water Code, relating to
health. sewage sludge.
LEGISLATIVE COUNSEL'S DIGEST
AB 371, as amended, Salas. Immunizations.
Sewage sludge: Kern County.
Existing law requires the State Water Resources Control Board or a
California regional water quality control board, upon receipt of an
application for waste discharge requirements for discharge of
dewatered, treated, or chemically fixed sewage or other biological
solids, to prescribe general waste discharge requirements for that
sludge or those other solids. The California Integrated Waste
Management Act of 1989, establishes an integrated waste management
program that includes the regulation of solid waste disposal and
solid waste facilities, and defines solid waste to include dewatered,
treated, and chemically fixed sewage sludge that is not a hazardous
waste.
This bill would authorize the Kern County Board of Supervisors,
upon a majority vote, to regulate or prohibit by ordinance, in a
manner more stringent than state or federal law and in a
nondiscriminatory manner, the land application of sewage sludge in
unincorporated areas in the jurisdiction of the county, as
prescribed.
This bill would make legislative findings and declarations as to
the necessity of a special statute for Kern County.
Existing law requires every skilled nursing facility, immediate
care facility, and nursing facility, as defined, each year,
commencing October 1 to the following April 1, inclusive, to offer
immunizations for influenza and pneumococcal disease to residents, 65
years of age or older, receiving services at the facility, based
upon the latest recommendations of the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention, and the latest recommendations of appropriate entities
for the prevention, detection, and control of influenza outbreaks in
California long-term care facilities.
This bill would make a technical, nonsubstantive change to this
provision.
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 13274 of the Water
Code is amended to read:
13274. (a) (1) The state board or a regional board, upon receipt
of applications for waste discharge requirements for discharges of
dewatered, treated, or chemically fixed sewage sludge and other
biological solids, shall prescribe general waste discharge
requirements for that sludge and those other solids. General waste
discharge requirements shall replace individual waste discharge
requirements for sewage sludge and other biological solids, and their
prescription shall be considered to be a ministerial action.
(2) The general waste discharge requirements shall set minimum
standards for agronomic applications of sewage sludge and other
biological solids and the use of that sludge and those other solids
as a soil amendment or fertilizer in agriculture, forestry, and
surface mining reclamation, and may permit the transportation of that
sludge and those other solids and the use of that sludge and those
other solids at more than one site. The requirements shall include
provisions to mitigate significant environmental impacts, potential
soil erosion, odors, the degradation of surface water quality or fish
or wildlife habitat, the accidental release of hazardous substances,
and any potential hazard to the public health or safety.
(b) The state board or a regional board, in prescribing general
waste discharge requirements pursuant to this section, shall comply
with Division 13 (commencing with Section 21000) of the Public
Resources Code and guidelines adopted pursuant to that division, and
shall consult with the State Air Resources Board, the Department of
Food and Agriculture, and the Department of Resources Recycling and
Recovery.
(c) The state board or a regional board may charge a reasonable
fee to cover the costs incurred by the board in the administration of
the application process relating to the general waste discharge
requirements prescribed pursuant to this section.
(d) Notwithstanding any other law, except as specified in
subdivisions (f) to (i) (j) ,
inclusive, general waste discharge requirements prescribed by a
regional board pursuant to this section supersede regulations adopted
by any other state agency to regulate sewage sludge and other
biological solids applied directly to agricultural lands at agronomic
rates.
(e) The state board or a regional board shall review general waste
discharge requirements for possible amendment upon the request of
any state agency, including, but not limited to, the Department of
Food and Agriculture and the State Department of Public Health, if
the board determines that the request is based on new information.
(f) This section is not intended to affect the jurisdiction of the
Department of Resources Recycling and Recovery to regulate the
handling of sewage sludge or other biological solids for composting,
deposit in a landfill, or other use.
(g) This section is not intended to affect the jurisdiction of the
State Air Resources Board or an air pollution control district or
air quality management district to regulate the handling of sewage
sludge or other biological solids for incineration.
(h) This section is not intended to affect the jurisdiction of the
Department of Food and Agriculture in enforcing Sections 14591 and
14631 of the Food and Agricultural Code and any regulations adopted
pursuant to those sections, regarding the handling of sewage sludge
and other biological solids sold or used as fertilizer or as a soil
amendment.
(i) This section does not restrict the authority of a local
government agency to regulate the application of sewage sludge and
other biological solids to land within the jurisdiction of that
agency, including, but not limited to, the planning authority of the
Delta Protection Commission, the resource management plan of which is
required to be implemented by local government general plans.
(j) The Kern County Board of Supervisors, upon a majority vote,
may regulate or prohibit by ordinance, in a manner more stringent
than state or federal law and in a nondiscriminatory manner, the land
application of sewage sludge, including sewage sludge imported from
another California county, in unincorporated areas in the
jurisdiction of the county.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution due to the unique and special problems
associated with the land application of sewage sludge in Kern County
requiring the control of sewage sludge for the public good.
SECTION 1. Section 120392.2 of the Health and
Safety Code is amended to read:
120392.2. (a) Each year, commencing October 1 to the following
April 1, inclusive, every health care facility, as defined in
subdivision (a) of Section 120392, shall offer, pursuant to Section
120392.4, immunizations for influenza and pneumococcal disease to
residents, 65 years of age or older, receiving services at the
facility, based upon the latest recommendations of the Advisory
Committee on Immunization Practices (ACIP) of the federal Centers for
Disease Control and Prevention, and the latest recommendations of
appropriate entities for the prevention, detection, and control of
influenza outbreaks in California long-term care facilities.
(b) Each health care facility, as defined in subdivision (a) of
Section 120392, shall offer, pursuant to Section 120392.4,
pneumococcal vaccine to all new admittees to the health care
facility, based on the latest recommendations of the ACIP.
(c) The facility shall be reimbursed the standard Medi-Cal rate
for an immunization provided to a Medi-Cal recipient, unless he or
she is also a Medicare recipient whose coverage includes
reimbursement for the immunization.