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
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            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
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          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 


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