Amended in Senate January 6, 2014

Amended in Senate April 2, 2013

Senate BillNo. 498


Introduced by Senator Lara

February 21, 2013


begin deleteAn act to amend Section 25251 of the Health and Safety Code, relating to hazardous materials. end deletebegin insertAn act to amend Section 40106 of the Public Resources Code, relating to solid waste. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 498, as amended, Lara. begin deleteHazardous materials: green chemistry. end deletebegin insertSolid waste: biomass conversion.end insert

begin insert

The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. With certain exceptions, the source reduction and recycling element of that plan is required to divert 50% of all solid waste, through source reduction, recycling, and composting activities. Existing law allows the 50% diversion requirement to include not more than 10% through transformation or “biomass conversion,” as defined, if specified conditions are met. The act defines various terms, including “biomass conversion,” for the purposes of the act.

end insert
begin insert

This bill would revise the definition of the term “biomass conversion” to include, in addition to controlled combustion, any other conversion technology, as defined.

end insert
begin delete

Existing law, part of the hazardous waste control laws, requires the Department of Toxic Substances Control to adopt, by January 1, 2011, regulations to establish a process by which chemicals of concern in consumer products, and their potential alternatives, are evaluated to determine how best to limit exposure or to reduce the level of hazard posed by a chemical of concern. The regulations are required to specify actions that the department may take following the completion of the analysis. Existing law defines the term “consumer product” for purposes of those requirements and excludes from that definition certain devices, materials, food, packaging, and pesticides.

end delete
begin delete

This bill would additionally exclude from the definition of consumer products a motor vehicle with a gross vehicle weight rating of less than 14,000 pounds, and that motor vehicle’s component or replacement parts.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 40106 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert

3

40106.  

(a) “Biomass conversion” means thebegin delete controlled
4combustion, when separated from other solid waste and used for
5producing electricity or heat,end delete
begin insert combustion used for producing heat
6or electricity, or the use of conversion technology, when separated
7from other solid waste,end insert
of the following materials:

8(1) Agricultural crop residues.

9(2) Bark, lawn, yard, and garden clippings.

10(3) Leaves, silvicultural residue, and tree and brush pruning.

11(4) Wood, wood chips, and wood waste.

12(5) Nonrecyclable pulp or nonrecyclable paper materials.

13(b) “Biomass conversion” does not include the controlled
14combustion of recyclable pulp or recyclable paper materials, or
15materials that contain sewage sludge, industrial sludge, medical
16waste, hazardous waste, or either high-level or low-level
17radioactive waste.

18(c) begin insert(1)end insertbegin insertend insert For purposes of this section, “nonrecyclable pulp or
19nonrecyclable paper materials” means either of the following, as
20determined by thebegin delete board:end deletebegin insert department:end insert

begin delete

21(1)

end delete

22begin insert(A)end insert Paper products or fibrous materials that cannot be
23technically, feasibly, or legally recycled because of the manner in
P3    1which the product or material has been manufactured, treated,
2coated, or constructed.

begin delete

3(2)

end delete

4begin insert(B)end insert Paper products or fibrous materials that have become soiled
5or contaminated and as a result cannot be technically, feasibly, or
6legally recycled.

begin insert

7(2) For the purposes of this section, “conversion technology”
8means a method capable of converting biomass into marketable
9products and fuels through a noncombustion thermal, chemical,
10or biological process.

end insert
begin delete
11

SECTION 1.  

Section 25251 of the Health and Safety Code is
12amended to read:

13

25251.  

For purposes of this article, the following definitions
14shall apply:

15(a) “Clearinghouse” means the Toxics Information
16Clearinghouse established pursuant to Section 25256.

17(b) “Council” means the California Environmental Policy
18Council established pursuant to subdivision (b) of Section 71017
19of the Public Resources Code.

20(c) “Office” means Office of Environmental Health Hazard
21Assessment.

22(d) “Panel” means the Green Ribbon Science Panel established
23pursuant to Section 25254.

24(e) “Consumer product” means a product or part of the product
25that is used, brought, or leased for use by a person for any purposes.
26“Consumer product” does not include any of the following:

27(1) A dangerous drug or dangerous device as defined in Section
284022 of the Business of Professions Code.

29(2) Dental restorative materials as defined in subdivision (b) of
30Section 1648.20 of the Business and Professions Code.

31(3) A device as defined in Section 4023 of the Business of
32Professions Code.

33(4) A food as defined in subdivision (a) of Section 109935.

34(5) The packaging associated with any of the items specified in
35paragraph (1), (2), or (3).

36(6) A pesticide as defined in Section 12753 of the Food and
37Agricultural Code or the Federal Insecticide, Fungicide and
38Rodenticide (7 United States Code Sections 136 and following).

39(7) A motor vehicle, as defined in Section 415 of the Vehicle
40Code, with a gross vehicle weight rating of less than 14,000
P4    1pounds, as defined in subdivision (a) of Section 350 of the Vehicle
2Code, and that motor vehicle’s component or replacement parts.

end delete


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