BILL NUMBER: SB 498 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE APRIL 2, 2013
INTRODUCED BY Senator Lara
FEBRUARY 21, 2013
An act to amend Section 25251 of the Health and Safety
Code, relating to hazardous materials. An act to amend
Section 40106 of the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 498, as amended, Lara. Hazardous materials: green
chemistry. Solid waste: biomass conversion.
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.
This bill would revise the definition of the term "biomass
conversion" to include, in addition to controlled combustion, any
other conversion technology, as defined.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40106 of the Public
Resources Code is amended to read:
40106. (a) "Biomass conversion" means the controlled
combustion, when separated from other solid waste and used for
producing electricity or heat, combustion used for
producing heat or electricity, or the use of conversion technology,
when separated from other solid waste, of the following
materials:
(1) Agricultural crop residues.
(2) Bark, lawn, yard, and garden clippings.
(3) Leaves, silvicultural residue, and tree and brush pruning.
(4) Wood, wood chips, and wood waste.
(5) Nonrecyclable pulp or nonrecyclable paper materials.
(b) "Biomass conversion" does not include the controlled
combustion of recyclable pulp or recyclable paper materials, or
materials that contain sewage sludge, industrial sludge, medical
waste, hazardous waste, or either high-level or low-level radioactive
waste.
(c) (1) For purposes of this section,
"nonrecyclable pulp or nonrecyclable paper materials" means either of
the following, as determined by the board:
department:
(1)
(A) Paper products or fibrous materials that cannot be
technically, feasibly, or legally recycled because of the manner in
which the product or material has been manufactured, treated, coated,
or constructed.
(2)
(B) Paper products or fibrous materials that have
become soiled or contaminated and as a result cannot be technically,
feasibly, or legally recycled.
(2) For the purposes of this section, "conversion technology"
means a method capable of converting biomass into marketable products
and fuels through a noncombustion thermal, chemical, or biological
process.
SECTION 1. Section 25251 of the Health and
Safety Code is amended to read:
25251. For purposes of this article, the following definitions
shall apply:
(a) "Clearinghouse" means the Toxics Information Clearinghouse
established pursuant to Section 25256.
(b) "Council" means the California Environmental Policy Council
established pursuant to subdivision (b) of Section 71017 of the
Public Resources Code.
(c) "Office" means Office of Environmental Health Hazard
Assessment.
(d) "Panel" means the Green Ribbon Science Panel established
pursuant to Section 25254.
(e) "Consumer product" means a product or part of the product that
is used, brought, or leased for use by a person for any purposes.
"Consumer product" does not include any of the following:
(1) A dangerous drug or dangerous device as defined in Section
4022 of the Business of Professions Code.
(2) Dental restorative materials as defined in subdivision (b) of
Section 1648.20 of the Business and Professions Code.
(3) A device as defined in Section 4023 of the Business of
Professions Code.
(4) A food as defined in subdivision (a) of Section 109935.
(5) The packaging associated with any of the items specified in
paragraph (1), (2), or (3).
(6) A pesticide as defined in Section 12753 of the Food and
Agricultural Code or the Federal Insecticide, Fungicide and
Rodenticide (7 United States Code Sections 136 and following).
(7) A motor vehicle, as defined in Section 415 of the Vehicle
Code, with a gross vehicle weight rating of less than 14,000 pounds,
as defined in subdivision (a) of Section 350 of the Vehicle Code, and
that motor vehicle's component or replacement parts.