Amended in Assembly June 22, 2015

Amended in Senate May 5, 2015

Senate BillNo. 162


Introduced by Senator Galgiani

February 3, 2015


An act to amend Section 25150.7 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 162, as amended, Galgiani. Treated woodbegin delete waste: disposal.end deletebegin insert waste.end insert

begin insert

(1) Existing law requires the wood preserving industry to provide certain information relating to the potential danger of treated wood to wholesalers and retailers of treated wood and wood-like products. Existing law requires these wholesalers and retailers to conspicuously post the information at or near the point of display or customer selection of treated wood and wood-like products, as specified.

end insert
begin insert

This bill would update the information required to be posted by wholesalers and retailers of treated wood and treated wood-like products.

end insert
begin delete

(1)

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begin insert(2)end insert Existing lawbegin delete requires, among other things, treated wood waste, as defined, to be disposed of in either a class I hazardous waste landfill, or in a composite-lined portion of a solid waste landfill unit that meets certain requirements. Existing lawend delete requires the Department of Toxic Substances Control to adopt, and revise as necessary, regulations establishing management standards for treated wood waste,begin delete as specified,end delete subject to specified limitations. Existing law makes these, and other requirements regarding treated wood waste, inoperative on June 1, 2017, but provides that a regulation adopted pursuant to these provisions on or before June 1, 2012, continues in force and effect until repealed or revised. A violation of the state’s hazardous waste control laws is a crime.

This bill would remove those limitations for treated wood waste regulations adopted by the department, would extend the operation of these provisions regarding treated wood waste tobegin delete June 1,end deletebegin insert December 31,end insert 2020, and would repeal the languagebegin delete continuing in force and effect treated waste wood regulations adopted on or before June 1, 2012.end deletebegin insert concerning the continued operation of treated wood waste regulations.end insert By extending the operation of a crime, the bill would impose a state-mandated local program. The bill would require, on or before January 1, 2018, the department to prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report with specified content on the compliance with, and implementation of, these laws relating to treated wood waste.

begin delete

(2)

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begin insert(3)end 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.

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:

P2    1

SECTION 1.  

Section 25150.7 of the Health and Safety Code
2 is amended to read:

3

25150.7.  

(a) The Legislature finds and declares that this section
4is intended to address the unique circumstances associated with
5the generation and management of treated wood waste. The
6Legislature further declares that this section does not set a
7precedent applicable to the management, including disposal, of
8other hazardous wastes.

9(b) For purposes of this section, the following definitions shall
10apply:

11(1) “Treated wood” means wood that has been treated with a
12chemical preservative for purposes of protecting the wood against
13attacks from insects, microorganisms, fungi, and other
14environmental conditions that can lead to decay of the wood, and
P3    1the chemical preservative is registered pursuant to the Federal
2 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et
3seq.).

4(2) “Wood preserving industry” means business concerns, other
5than retailers, that manufacture or sell treated wood products in
6the state.

7(c) This section applies only to treated wood waste that, solely
8due to the presence of a preservative in the wood, is a hazardous
9waste and to which both of the following requirements apply:

10(1) The treated wood waste is not subject to regulation as a
11hazardous waste under the federal act.

12(2) Section 25143.1.5 does not apply to the treated wood waste.

13(d) (1) Notwithstanding Sections 25189.5 and 25201, treated
14wood waste shall be disposed of in either a class I hazardous waste
15landfill, or in a composite-lined portion of a solid waste landfill
16unit that meets all requirements applicable to disposal of municipal
17solid waste in California after October 9, 1993, and that is regulated
18by waste discharge requirements issued pursuant to Division 7
19(commencing with Section 13000) of the Water Code for
20discharges of designated waste, as defined in Section 13173 of the
21Water Code, or treated wood waste.

22(2) A solid waste landfill that accepts treated wood waste shall
23comply with all of the following requirements:

24(A) Manage the treated wood waste to prevent scavenging.

25(B) Ensure that any management of the treated wood waste at
26the solid waste landfill before disposal, or in lieu of disposal,
27complies with the applicable requirements of this chapter, except
28as otherwise provided by regulations adopted pursuant to
29subdivision (f).

30(C) If monitoring at the composite-lined portion of a landfill
31unit at which treated wood waste has been disposed of indicates
32a verified release, then treated wood waste shall not be discharged
33to that landfill unit until corrective action results in cessation of
34the release.

35(e) (1) Each wholesaler and retailer of treated wood and treated
36wood-like products in this state shall conspicuously post
37information at or near the point of display or customer selection
38of treated wood and treated wood-like products used for fencing,
39decking, retaining walls, landscaping, outdoor structures, and
40similar uses. The information shall be provided to wholesalers and
P4    1retailers by the wood preserving industry in 22-pointbegin delete fontend deletebegin insert typeend insert, or
2larger, and contain the following message:


4Warning--Potential Danger


6These products are treated with wood preservatives registered
7with the United States Environmental Protection Agency and the
8California Department of Pesticide Regulation and should only be
9used in compliance with the product labels.

10This wood may contain chemicals classified by the State of
11California as hazardous and should be handled and disposed of
12with care. Check product label for specific preservative information
13and Proposition 65 warnings concerning presence of chemicals
14known to the State of California to cause cancer or birth defects.

15Anyone working with treated wood, and anyone removing old
16treated wood, needs to take precautions to minimize exposure to
17themselves, children, pets, or wildlife, including:
18
19□ Avoid contact with skin. Wear gloves and long sleeved shirts
20when working with treated wood. Wash exposed areas thoroughly
21with mild soap and water after working with treated wood.
22
23□ Wear a dust mask when machining any wood to reduce the
24inhalation of wood dusts. Avoid frequent or prolonged inhalation
25of sawdust from treated wood. Machining operations should be
26performed outdoors whenever possible to avoid indoor
27accumulations of airborne sawdust.
28
29□ Wear appropriate eye protection to reduce the potential for eye
30injury from wood particles and flying debris during machining.
31
32□ If preservative or sawdust accumulates on clothes, launder
33before reuse. Wash work clothes separately from other household
34clothing.
35
36□ Promptly clean up and remove all sawdust and scraps and
37dispose of appropriately.
38
39□ Do not use treated wood under circumstances where the
40preservative may become a component of food or animal feed.

P5    1
2□ Only use treated wood that’s visibly clean and free from surface
3residue for patios, decks, or walkways.
4
5□ Do not use treated wood where it may come in direct or indirect
6contact with public drinking water, except for uses involving
7incidental contact such as docks and bridges.
8
9□ Do not use treated wood for mulch.
10
11□ Do not burn treated wood. Preserved wood should not be burned
12in open fires, stoves, or fireplaces.
13

14For further information, go to the Internet Web sitebegin delete for the
15Western Wood Preservers Institute (http://www.wwpinstitute.org)
16or call the toll-free telephone number of the California Treated
17Wood Information Hotline at 1-866-696-8315.end delete

18begin insert http://www.preservedwood.org and download the free Treated
19Wood Guide mobile application.end insert


21In addition to the above listed precautions, treated wood waste
22shall be managed in compliance with applicable hazardous waste
23control laws.

24(2) On or before July 1, 2005, the wood preserving industry
25shall, jointly and in consultation with the department, make
26information available to generators of treated wood waste,
27including fencing, decking, and landscape contractors, solid waste
28landfills, and transporters, that describes how to best handle,
29dispose of, and otherwise manage treated wood waste, through the
30use either of a toll-free telephone number, Internet Web site,
31information labeled on the treated wood, information
32accompanying the sale of the treated wood, or by mailing if the
33department determines that mailing is feasible and other methods
34of communication would not be as effective. A treated wood
35manufacturer or supplier to a wholesaler or retailer shall also
36provide the information with each shipment of treated wood
37products to a wholesaler or retailer, and the wood preserving
38industry shall provide it to fencing, decking, and landscaping
39 contractors, by mail, using the Contractors’ State License Board’s
40available listings, and license application packages. The department
P6    1may provide guidance to the wood preserving industry, to the
2extent resources permit.

3(f) (1) On or before January 1, 2007, the department, in
4consultation with the Department of Resources Recycling and
5Recovery, the State Water Resources Control Board, and the Office
6of Environmental Health Hazard Assessment, and after
7consideration of any known health hazards associated with treated
8wood waste, shall adopt and may subsequently revise as necessary,
9regulations establishing management standards for treated wood
10waste as an alternative to the requirements specified in this chapter
11and the regulations adopted pursuant to this chapter.

12(2) The regulations adopted pursuant to this subdivision shall,
13at a minimum, ensure all of the following:

14(A) Treated wood waste is properly stored, treated, transported,
15tracked, disposed of, and otherwise managed to prevent, to the
16extent practical, releases of hazardous constituents to the
17environment, prevent scavenging, and prevent harmful exposure
18of people, including workers and children, aquatic life, and animals
19to hazardous chemical constituents of the treated wood waste.

20(B) Treated wood waste is not reused, with or without treatment,
21except for a purpose that is consistent with the approved use of
22the preservative with which the wood has been treated. For
23purposes of this subparagraph, “approved uses” means a use
24approved at the time the treated wood waste is reused.

25(C) Treated wood waste is managed in accordance with all
26applicable laws.

27(D) Any size reduction of treated wood waste is conducted in
28a manner that prevents the uncontrolled release of hazardous
29constituents to the environment, and that conforms to applicable
30worker health and safety requirements.

31(E) All sawdust and other particles generated during size
32reduction are captured and managed as treated wood waste.

33(F) All employees involved in the acceptance, storage, transport,
34and other management of treated wood waste are trained in the
35safe and legal management of treated wood waste, including, but
36not limited to, procedures for identifying and segregating treated
37wood waste.

38(g) (1) A person managing treated wood waste who is subject
39to a requirement of this chapter, including a regulation adopted
40pursuant to this chapter, shall comply with either the alternative
P7    1standard specified in the regulations adopted pursuant to
2subdivision (f) or with the requirements of this chapter.

3(2) A person who is in compliance with the alternative standard
4specified in the regulations adopted pursuant to subdivision (f) is
5deemed to be in compliance with the requirement of this chapter
6for which the regulation is identified as being an alternative, and
7the department and any other entity authorized to enforce this
8chapter shall consider that person to be in compliance with that
9requirement of this chapter.

10(h) On January 1, 2005, all variances granted by the department
11before January 1, 2005, governing the management of treated wood
12waste are inoperative and have no further effect.

13(i) This section does not limit the authority or responsibility of
14the department to adopt regulations under any other law.

15(j) (1) On or before January 1, 2018, the department shall
16prepare, post on its Internet Web site, and provide to the
17appropriate policy committees of the Legislature, a comprehensive
18report on the compliance with, and implementation of, this section.
19The report shall include, but not be limited to, all of the following:

20(A) Data, and evaluation of that data, on the rates of compliance
21with this section and injuries associated with handling treated wood
22waste based on department inspections of treated wood waste
23generator sites and treated wood waste disposal facilities.begin insert To gather
24data to perform the required evaluation, the department shall do
25all of the following:end insert
begin delete Theend delete

26begin insert(i)end insertbegin insertend insertbegin insertTheend insert department shall inspectbegin delete aend delete representativebegin delete number ofend delete
27 treated wood waste generator sites and treated wood waste disposal
28facilities, which shall not to be less than 25 percent of each.

begin insert

29(ii) The department shall survey and otherwise seek information
30on how households are currently handling, transporting, and
31disposing of treated wood waste, including available information
32from household hazardous waste collection facilities, solid waste
33transfer facilities, solid waste disposal facility load check
34programs, and CUPAs.

end insert
begin insert

35 (iii) The department shall, by survey or otherwise, seek data
36to determine whether sufficient information and convenient
37collection and disposal options are available to household
38generators of treated wood waste.

end insert

39(B) An evaluation of the adequacy of protective measures taken
40in tracking, handling, and disposing of treated wood waste.

P8    1(C) Data regarding the unauthorized disposal of treated wood
2waste at disposal facilities that have not been approved for that
3disposal.

4(D) Conclusions regarding the handling of treated wood waste.

5(E) Recommendations for changes to the handling of treated
6wood waste to ensure the protection of public health and the
7environment.

8(2) The requirement for submitting a report imposed under this
9subdivision is inoperative on January 1, 2022, pursuant to Section
1010231.5 of the Government Code.

11(k) This section shall become inoperative onbegin delete June 1,end deletebegin insert December
1231,end insert
2020, and, as of January 1, 2021, is repealed, unless a later
13enacted statute, that becomes operative on or before January 1,
142021, deletes or extends the dates on which it becomes inoperative
15and is repealed.

16

SEC. 2.  

No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.



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