BILL NUMBER: AB 263	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Patterson

                        FEBRUARY 10, 2015

   An act to amend Sections 25141 and 25150 of the Health and Safety
Code, relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 263, as introduced, Patterson. Hazardous waste: regulations.
   Existing law requires the Department of Toxic Substances Control
to establish programs for and regulate hazardous waste source
reduction. Existing law requires the department to prepare, adopt,
and revise, when appropriate, a listing of the wastes that are
determined to be hazardous, and a listing of the wastes that are
determined to be extremely hazardous. Existing law requires the
department to develop, and adopt by regulation, criteria and
guidelines for the identification of hazardous wastes and extremely
hazardous wastes. Existing law also requires the department to adopt,
and revise when appropriate, standards and regulations for the
management of hazardous wastes to protect against hazards to the
public health, domestic livestock, wildlife, or the environment.
Regulations adopted by the department pursuant to these provisions
provide for a hazardous waste management system, which refers to the
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
EPA Publication SW-846, to reflect all updates to that publication,
as specified.
   This bill would require the department to update, by June 1, 2016,
and periodically thereafter as appropriate, the above-described
regulations relating to the use of "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," EPA Publication SW-846, as
specified.
   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 25141 of the Health and Safety Code is amended
to read:
   25141.  (a)  The department shall develop and adopt by regulation
criteria and guidelines for the identification of hazardous wastes
and extremely hazardous wastes.
   (b)  The criteria and guidelines adopted by the department
pursuant to subdivision (a) shall identify waste or combinations of
waste, that may do either of the following, as hazardous waste
because of its quantity, concentration, or physical, chemical, or
infectious characteristics:
   (1)  Cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapacitating
reversible, illness.
   (2)  Pose a substantial present or potential hazard to human
health or the environment, due to factors including, but not limited
to, carcinogenicity, acute toxicity, chronic toxicity,
bioaccumulative properties, or persistence in the environment, when
improperly treated, stored, transported, or disposed of, or otherwise
managed.
   (c)  Except as provided in Section 25141.5, any regulations
adopted pursuant to this section for the identification of hazardous
waste as it read on January 1, 1995, which are in effect on January
1, 1995, shall be deemed to comply with the intent of this section as
amended by this act during the 1995 portion of the 1995-96 Regular
Session of the Legislature. 
   (d) The department shall update by June 1, 2016, and periodically
thereafter as appropriate, its regulations relating to the use of
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
EPA Publication SW-846, in the criteria and guidelines developed
pursuant to subdivision (a) to reflect all updates to that
publication adopted before and after the enactment of the act that
added this subdivision. 
  SEC. 2.  Section 25150 of the Health and Safety Code is amended to
read:
   25150.  (a)  The department shall adopt, and revise when
appropriate, standards and regulations for the management of
hazardous wastes to protect against hazards to the public health, to
domestic livestock, to wildlife, or to the environment.
   (b)  The department and the local officers and agencies authorized
to enforce this chapter pursuant to subdivision (a) of Section 25180
shall apply the standards and regulations adopted pursuant to
subdivision (a) to the management of hazardous waste.
   (c)  Except as provided in subdivision (d), the department may
limit the application of the standards and regulations adopted or
revised pursuant to subdivision (a) at facilities operating pursuant
to a hazardous waste facilities permit or other grant of
authorization issued by the department in any manner that the
department determines to be appropriate, including, but not limited
to, requiring these facilities to apply for, and receive, a permit
modification prior to the application of the standards and
regulations.
   (d)  The department shall not adopt or revise standards and
regulations which result in the imposition of any requirement for the
management of a RCRA waste that is less stringent than a
corresponding requirement adopted by the Environmental Protection
Agency pursuant to the federal act.
   (e)  The department shall adopt, and revise when appropriate,
regulations for the recycling of hazardous waste to protect against
hazards to the public health, domestic livestock, wildlife, or to the
environment, and to encourage the best use of natural resources.
   (f)  Before the adoption of regulations, the department shall
notify all agencies of interested local governments, including, but
not limited to, certified unified program agencies, local governing
bodies, local planning agencies, local health authorities, local
building inspection departments, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, the
Department of Fish and  Game   Wildlife  ,
the Department of Industrial Relations, the Division of 
Industrial   Occupational  Safety  and Health
 , the State Air Resources Board, the State Water Resources
Control Board, the State Fire Marshal, regional water quality control
boards, the State Building Standards Commission, the Office of
Environmental Health Hazard Assessment, and the  California
Integrated Waste Management Board.   Department of
Resources Recycling and Recovery.  
   (g) The department shall update by June 1, 2016, and periodically
thereafter as appropriate, its regulations relating to the use of
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
EPA Publication SW-846, in the standards and regulations adopted and
revised pursuant to subdivision (a) to reflect all updates to that
publication adopted before and after the enactment of the act that
added this subdivision.