Amended in Senate June 22, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1776


Introduced by Assembly Member Obernolte

February 3, 2016


An act to amend Section 25113begin delete ofend deletebegin insert of, and to add Section 25150.88 to,end insert the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1776, as amended, Obernolte. Hazardous waste: disposal: exemption.

Existing law provides for the regulation of hazardous waste by the Department of Toxic Substances Control and makes a declaration of legislative intent regarding that regulation and maintaining authorization to administer a state program pursuant to the federal Resource Conservation and Recovery Act of 1976.

Existing law prohibits the management of hazardous waste except in accordance with the hazardous waste control laws and prohibits the disposal of hazardous waste except at a disposal site or at a facility of an owner or operator who holds a valid hazardous waste facilities permit or other grant of authorization from the department to use and operate the site or facility. Existing law defines the term “disposal” for purposes of the hazardous waste control laws as including the discharge, deposit, injection, dumping, spilling, leaking, or placing of a waste into or on any land.begin insert end insertbegin insertA violation of the state’s hazardous waste control laws is a crime.end insert

Thisbegin insert bill would authorize the department to adopt regulations to establish an alternate standard for the management of sport shooting range hazardous waste. end insertbegin insertSince a violation of the regulations adopted by the department would be a crime, the bill would impose a state-mandated local program.end insertbegin insert Until the department adopts those regulations, theend insert bill, to the extent that it would not jeopardize state administration of the state hazardous waste program, would exclude from the definition of the term “disposal” under those laws the onsite movement of soil at an active outdoor sport shooting range, as defined, if this movement is done to facilitate the removal and recycling of spent ammunition materials existing on the site as a result of the normal use of the shooting range, the activities at the shooting range are consistent with a specified manual produced by the United States Environmental Protection Agency, and the residual soil is replaced within the area from which it was originally removed. The bill would require the department to contact the United States Environmental Protection Agency to ensure that this exclusion is consistent with the federal Resource Conservation and Recovery Act and does not jeopardize the ability of the state to administer the state hazardous waste program in lieu of the federal program.

begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1

SECTION 1.  

Section 25113 of the Health and Safety Code is
2amended to read:

3

25113.  

(a)  (1)  “Disposal” means either of the following:

4(A) The discharge, deposit, injection, dumping, spilling, leaking,
5or placing of any waste so that the waste or any constituent of the
6waste is or may be emitted into the air or discharged into or on
7any land or waters, including groundwaters, or may otherwise
8enter the environment.

9(B) The abandonment of any waste.

P3    1(2) begin insert(A)end insertbegin insertend insert To the extent that it would not jeopardize the state’s
2administration of the state hazardous waste program pursuant to
3the federal act, “disposal” does not include the onsite movement
4of soil at an active outdoor sport shooting range if this movement
5is done to facilitate the removal and recycling of spent ammunition
6materials existing on the site as a result of the normal use of the
7shooting range, the activities at the shooting range are consistent
8with the United States Environmental Protection Agency’s “Best
9Management Practices for Lead at Outdoor Shooting Ranges”
10manual, and the residual soil is replaced within the area from which
11it was originally removed.

begin delete

12(3)

end delete

13begin insert(end insertbegin insertB)end insert By July 1, 2017, the department shall contact the United
14States Environmental Protection Agency to ensure that the
15exclusion described in paragraph (2) is consistent with the federal
16act and does not jeopardize the ability of the state to administer
17the state hazardous waste program in lieu of the federal program
18pursuant to Section 3006 of the federal act (42 U.S.C. Sec. 6926).

begin delete

19(4)

end delete

20begin insert(end insertbegin insertC)end insert For purposes of this section, “sport shooting range” has the
21same meaning as in paragraph (2) of subdivision (a) of Section
223482.1 of the Civil Code.

begin insert

23
(D) This paragraph shall become inoperative when the
24department adopts regulations pursuant to Section 25150.88.

end insert

25(b) The amendment of this section by Section 2 of Chapter 1436
26of the Statutes of 1989 does not constitute a change in, but is
27declaratory of, the existing law.

28begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 25150.88 is added to the end insertbegin insertHealth and Safety
29Code
end insert
begin insert, to read:end insert

begin insert
30

begin insert25150.88.end insert  

(a) The department may adopt regulations to
31establish an alternate standard for the management of sport
32shooting range hazardous waste to facilitate the removal and
33recycling of spent ammunition materials existing on the site as a
34result of the normal use of the shooting range.

35
(b) For purposes of this section, “sport shooting range” has
36the same meaning as in paragraph (2) of subdivision (a) of Section
373482.1 of the Civil Code.

end insert
38begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P4    1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.

end insert


O

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