BILL NUMBER: AB 1419	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2016
	AMENDED IN SENATE  JUNE 23, 2016
	AMENDED IN SENATE  JUNE 15, 2016
	AMENDED IN SENATE  JUNE 1, 2016
	AMENDED IN ASSEMBLY  MAY 5, 2015

INTRODUCED BY   Assembly Member Eggman
    (   Coauthor:   Senator   Leyva
  ) 

                        FEBRUARY 27, 2015

   An act to add Section 25143.2.5 to the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1419, as amended, Eggman. Hazardous waste: cathode ray tube
glass.
   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. A violation of the hazardous waste laws is a crime.
   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. The bill would prohibit the use of that CRT
panel glass except in specified end uses. Because a violation of this
requirement would be a crime, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25143.2.5 is added to the Health and Safety
Code, to read:
   25143.2.5.  (a) For purposes of this section, the following
definitions apply:
   (1) "Cathode ray tube" or "CRT" means a vacuum tube or picture
tube used to convert an electrical signal into a visual image.
   (2) "CRT device" means any electronic device that contains one or
more CRTs including, but not limited to, computer monitors,
televisions, cash registers, and oscilloscopes.
   (3) "CRT funnel glass" means any glass separated from CRT panel
glass that is derived from the treatment of a CRT and that consists
of the neck and funnel section of a CRT, including the frit.
   (4) "CRT panel glass" means glass separated from CRT funnel glass
that is derived from the treatment of a CRT and that consists only of
the face plate of a CRT containing a phosphor viewing surface. CRT
panel glass does not include the frit.
   (5) "CRT panel glass without phosphor" means CRT panel glass that
has undergone treatment by an authorized universal waste handler to
remove the phosphor.
   (b) Used, broken CRT panel glass that exceeds the total threshold
limit concentration (TTLC) only for barium is not a waste and is not
subject to regulation by the department pursuant to this chapter,
including the prohibition on the use of that glass in a manner
constituting disposal, if it is recycled and meets the requirements
of Section 261.39 of Title 40 of the Code of Federal Regulations.
   (c) CRT panel glass without phosphor that exceeds the TTLC only
for barium is not a waste and is not subject to regulation by the
department pursuant to this chapter, including the prohibition on the
use of that glass in a manner constituting disposal, if that glass
meets the requirements of Section 66273.81 of Title 22 of the
California Code of Regulations and is managed in accordance with the
requirements of Section 261.39 of Title 40 of the Code of Federal
Regulations.
   (d) CRT panel glass meeting the requirements of subdivision (b) or
(c) that is recycled may be used only for the following end uses:
   (1) Tiles, including floor or wall tiles.
   (2) Fiberglass. 
   (3) Automotive glass.  
   (4) Reflective glass beads.  
   (5) 
    (3)  Radiation shielding glass. 
   (6) Foam glass insulation.  
   (7) 
    (4)  Decorative glass. 
   (8) 
    (5)  Bricks. 
   (9) 
    (6)  Cast concrete. 
   (10) 
    (7)  Blasting media. 
   (11) 
    (8) Construction block. 
   (12) 
    (9)  Any other end uses identified by the department, in
consultation with the Department of Resources Recycling and
Recovery, that pose no risk to the public health and safety.
   (e) The department may prohibit any previously authorized end use
if the department determines that the end use potentially poses
environmental or public health harm. The department shall notify the
recyclers of the prohibition not less than 60 days prior to the
effective date of the prohibition.
   (f) Used, broken CRT panel glass and processed CRT panel glass
that exceeds the TTLC only for barium and that is recycled is not
subject to any requirement implementing this chapter regarding export
of materials.
   (g) Except regarding the barium threshold, this section does not
affect, in any manner, the regulations adopted pursuant to this
chapter regulating the processing of CRT panel glass for disposal.
   (h) This section does not affect the identification or
classification of a waste that is derived from the end use products
listed in or identified pursuant to subdivision (d).
   (i) This section does not affect, in any manner, the authority of
the Department of Resources Recovery and Recycling under Section
41821.5 of, or Chapter 8.5 (commencing with Section 42460) of Part 3
of Division 30 of, the Public Resources Code.
   (j) This section does not apply to any CRT panel glass that is
used to manufacture any product or packaging intended to be used for
food or food products, including pet food and livestock feeds, any
medicines or drugs, any medical devices, any baby bottles, any other
food service items, including wine glasses, plates, bowls, or
drinking glasses, or any other manufactured articles or products for
which the department declares that that use may have a potential
adverse impact upon human health. Such a declaration by the
department need not be risk-based and need not meet the peer review
requirements that may otherwise be required by law.
   (k) This section does not affect, in any manner, the Toxics in
Packaging Prevention Act (Article 10.4 (commencing with Section
25214.11)) or the Safe Drinking Water and Toxic Enforcement Act of
1986 (Chapter 6.6 (commencing with Section 25249.5)).
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.