Amended in Senate June 1, 2016

Amended in Assembly May 5, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1419


Introduced by Assembly Member Eggman

February 27, 2015


An act to add Sectionbegin delete 14591.25 to the Public Resources Code, relating to solid waste. end deletebegin insert 25143.2.5 to the Health and Safety Code, relating to hazardous waste.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1419, as amended, Eggman. begin deleteRecycling centers. end deletebegin insertHazardous waste: cathode ray tube glass.end insert

begin insert

Existing law prohibits the management of hazardous waste, except in accordance with the hazardous waste laws. Existing law requires the Department of Toxic Substances Control to regulate the management and disposal of hazardous waste. Under existing regulations, the department classifies a waste as hazardous waste if the waste exceeds certain total threshold limitation concentrations, which are established by the department for various substances, including barium.

end insert
begin insert

This bill, except as specified, would provide that used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass that exceeds the total threshold limit concentration only for barium is not a waste and is not subject to regulation by the department if that panel glass meets certain requirements. The bill would provide that used, broken CRT panel glass and processed CRT panel glass that is recycled is not subject to the department’s regulations on the export of materials.

end insert
begin delete

Existing law, the California Beverage Container Recycling and Litter Reduction Act, provides for the Department of Resources Recycling and Recovery to certify operators of recycling centers. Existing law requires certified recycling centers, when accepting an empty beverage container from a consumer, to pay the refund value.

end delete
begin delete

This bill would authorize the department to revoke a certification of a certified recycling center found to be abandoned, as specified. The bill would provide an opportunity for a hearing on that revocation to be conducted in the same manner as a hearing for an applicant whose original application for certification is denied.

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 25143.2.5 is added to the end insertbegin insertHealth and
2Safety Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert25143.2.5.end insert  

(a) For purposes of this section, the following
4definitions apply:

5
(1) “Cathode ray tube” or “CRT” means a vacuum tube or
6picture tube used to convert an electrical signal into a visual image.

7
(2) “CRT device” means any electronic device that contains
8one or more CRTs including, but not limited to, computer monitors,
9televisions, cash registers, and oscilloscopes.

10
(3) “CRT funnel glass” means any glass separated from CRT
11panel glass that is derived from the treatment of a CRT and that
12consists of the neck and funnel section of a CRT, including the frit.

13
(4) “CRT panel glass” means glass separated from CRT funnel
14glass that is derived from the treatment of a CRT and that consists
15only of the face plate of a CRT containing a phosphor viewing
16surface. CRT panel glass does not include the frit.

17
(5) “Processed CRT panel glass” means CRT panel glass with
18the phosphor removed.

19
(b) Except as provided in subdivision (d), used, broken CRT
20panel glass that exceeds the total threshold limit concentration
21(TTLC) only for barium is not a waste and is not subject to
22regulation by the department pursuant to this chapter, including
23the prohibition on the use of that glass in a manner constituting
24disposal, if it is recycled and meets the requirements of Section
25261.39 of Title 40 of the Code of Federal Regulations.

P3    1
(c) Except as provided in subdivision (d), processed CRT panel
2glass that exceeds the TTLC only for barium is not a waste and is
3not subject to regulation by the department pursuant to this
4chapter, including the prohibition on the use of that glass in a
5manner constituting disposal, if that glass meets the requirements
6of Section 66273.81 of Title 22 of the California Code of
7Regulations and is managed in accordance with the requirements
8of Section 261.39 of Title 40 of the Code of Federal Regulations.

9
(d) Subdivisions (a) and (b) do not apply to any CRT panel glass
10that is used to manufacture any product or packaging intended to
11be used for food or food products, including pet food and livestock
12feeds, any medicines or drugs, any medical devices, any baby
13bottles, any other food service items, including wine glasses, plates,
14bowls, or drinking glasses, or any other manufactured articles or
15products for which the department declares that that use may have
16a potential adverse impact upon human health. Such a declaration
17by the department need not be risk-based and need not meet the
18peer review requirements that may otherwise be required by law.

19
(e) Notwithstanding other laws, used, broken CRT panel glass
20and processed CRT panel glass that exceeds the TTLC only for
21barium and that is recycled is not subject to any requirement
22implementing this chapter regarding export of materials.

23
(f) Except regarding the barium threshold, this section does not
24affect, in any manner, the regulations adopted pursuant to this
25chapter regulating the processing of CRT panel glass for disposal.

26
(g) This section does not affect, in any manner, the authority of
27the Department of Resources Recovery and Recycling under
28Section 41821.5 of, or Chapter 8.5 (commencing with Section
2942460) of Part 3 of Division 30 of, the Public Resources Code.

end insert
begin delete
30

SECTION 1.  

Section 14591.25 is added to the Public Resources
31Code
, to read:

32

14591.25.  

(a) The department may revoke a certification of a
33certified recycling center found to be abandoned if both of the
34following circumstances apply:

35(1) The recycling center is not open during its posted hours on
36two consecutive inspections.

37(2) The recycling center has no reportable volumes for a period
38of 30 consecutive days.

39(b) Subsequent to the revocation, the former certificate holder
40may request a hearing which, notwithstanding Section 11445.20
P4    1of the Government Code, shall be conducted in the same manner
2as a hearing for an applicant whose original application for
3certification is denied.

end delete


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