BILL ANALYSIS Ó AB 1190 Page 1 ASSEMBLY THIRD READING AB 1190 (Bloom) As Amended May 7, 2013 Majority vote ENVIRONMENTAL SAFETY 5-1 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Alejo, Dahle, Bloom, |Ayes:|Gatto, Harkey, Bigelow, | | |Donnelly, Ting | |Bocanegra, Bradford, Ian | | | | |Calderon, Campos, | | | | |Donnelly, Eggman, Gomez, | | | | |Hall, Ammiano, Linder, | | | | |Pan, Quirk, Wagner, Weber | |-----+--------------------------+-----+--------------------------| |Nays:|Stone | | | | | | | | ----------------------------------------------------------------- SUMMARY : Increases the maximum amount of specified hazardous waste that public utilities are authorized to transport in a single shipment from a remote site to a consolidation site without using a hazardous waste manifest. Specifically, this bill authorizes up to 5,000 gallons of hazardous wastewater to be transported in a single shipment which is an increase from the current maximum of 1,600 gallons. EXISTING LAW : 1)Authorizes the Department of Toxic Substance Control (DTSC) to regulate hazardous waste generation, transportation, treatment, storage, and disposal pursuant to both the federal Resources Conservation and Recovery Act (RCRA) rules and to additional state requirements. 2)Requires shipments of hazardous waste to be accompanied by a hazardous waste manifest and be transported by a hazardous waste hauler registered by DTSC. 3)Exempts shipments of hazardous waste from the manifest and registered hauler requirements if the waste is transported from a "remote site" to a "consolidation site," as defined, operated by the generator; the transport of the waste is not federally regulated; and, the generator meets specified AB 1190 Page 2 requirements relating to personnel, training, transport vehicles, liability, shipping papers, and packaging. 4)Provides an exemption for that public utility, local publicly owned utilities and municipal utility districts that may transport up to 1,600 gallons of hazardous wastewater pumped from utility vaults and up to 500 gallons of other liquid hazardous wastes. FISCAL EFFECT : According to the Assembly Appropriations Committee, negligible cost to the DTSC. COMMENTS : Need for the bill : According to the author, this bill, "adjusts the capacity requirements for non-RCRA hazardous waste transportation by public utilities and local publicly owned utilities to reflect the existing transport capacity. Currently, the utility fleets travel with partial loads due to requirements in statute. This results in unnecessary trips to clear right-of-ways, vaults, or to perform regular maintenance, increasing not just the amount of time that these trucks spend on the road but also increasing road congestion, diesel emissions and fuel consumption. It also slows down the process of restoring service to ratepayers." Hazardous waste transportation : According to DTSC, a hazardous waste manifest must accompany most hazardous waste that is shipped off site. The Uniform Hazardous Waste Manifest is the shipping document that travels with hazardous waste from the point of generation, through transportation, to the final treatment, storage, and disposal facility. Each party in the chain of shipping, including the generator, signs and keeps one of the manifest copies, creating a "cradle-to-grave" tracking of the hazardous waste. Hazardous waste that is transported off-site on public highways must be moved to an authorized treatment, storage, or disposal facility by a registered hazardous waste transporter in an inspected and certified vehicle, using a Uniform Hazardous Waste Manifest. When the remote site hazardous waste manifest and transport exemption was originally enacted, it was intended to facilitate the safe collection and transportation of small amounts of AB 1190 Page 3 hazardous waste generated in remote locations to a consolidation site. Allowing the expedited transport of smaller amounts of hazardous waste facilitates the practice of moving the hazardous waste into a more secure location as quickly as possible. Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916) 319-3965 FN: 0000743