BILL NUMBER: SB 162	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 22, 2015
	AMENDED IN SENATE  MAY 5, 2015

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 wood  waste:
disposal.   waste.  
   (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.  
   This bill would update the information required to be posted by
wholesalers and retailers of treated wood and treated wood-like
products.  
   (1) 
    (2)  Existing law  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
law  requires the Department of Toxic Substances Control to
adopt, and revise as necessary, regulations establishing management
standards for treated wood waste,  as specified, 
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until repealed or revised.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 to  June 1,
  December 31,  2020, and would repeal the language
 continuing in force and effect treated waste wood
regulations adopted on or before June 1, 2012.  
concerning the continued operation of treated wood waste regulations.
 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. 
   (2) 
    (3)  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 25150.7 of the Health and Safety Code is
amended to read:
   25150.7.  (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
generation and management of treated wood waste. The Legislature
further declares that this section does not set a precedent
applicable to the management, including disposal, of other hazardous
wastes.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Treated wood" means wood that has been treated with a
chemical preservative for purposes of protecting the wood against
attacks from insects, microorganisms, fungi, and other environmental
conditions that can lead to decay of the wood, and the chemical
preservative is registered pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
   (2) "Wood preserving industry" means business concerns, other than
retailers, that manufacture or sell treated wood products in the
state.
   (c) This section applies only to treated wood waste that, solely
due to the presence of a preservative in the wood, is a hazardous
waste and to which both of the following requirements apply:
   (1) The treated wood waste is not subject to regulation as a
hazardous waste under the federal act.
   (2) Section 25143.1.5 does not apply to the treated wood waste.
   (d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood
waste shall 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 all requirements applicable to disposal of municipal
solid waste in California after October 9, 1993, and that is
regulated by waste discharge requirements issued pursuant to Division
7 (commencing with Section 13000) of the Water Code for discharges
of designated waste, as defined in Section 13173 of the Water Code,
or treated wood waste.
   (2) A solid waste landfill that accepts treated wood waste shall
comply with all of the following requirements:
   (A) Manage the treated wood waste to prevent scavenging.
   (B) Ensure that any management of the treated wood waste at the
solid waste landfill before disposal, or in lieu of disposal,
complies with the applicable requirements of this chapter, except as
otherwise provided by regulations adopted pursuant to subdivision
(f).
   (C) If monitoring at the composite-lined portion of a landfill
unit at which treated wood waste has been disposed of indicates a
verified release, then treated wood waste shall not be discharged to
that landfill unit until corrective action results in cessation of
the release.
   (e) (1) Each wholesaler and retailer of treated wood and treated
wood-like products in this state shall conspicuously post information
at or near the point of display or customer selection of treated
wood and treated wood-like products used for fencing, decking,
retaining walls, landscaping, outdoor structures, and similar uses.
The information shall be provided to wholesalers and retailers by the
wood preserving industry in 22-point  font  
type  , or larger, and contain the following message:

   Warning--Potential Danger

   These products are treated with wood preservatives registered with
the United States Environmental Protection Agency and the California
Department of Pesticide Regulation and should only be used in
compliance with the product labels.
   This wood may contain chemicals classified by the State of
California as hazardous and should be handled and disposed of with
care. Check product label for specific preservative information and
Proposition 65 warnings concerning presence of chemicals known to the
State of California to cause cancer or birth defects.
   Anyone working with treated wood, and anyone removing old treated
wood, needs to take precautions to minimize exposure to themselves,
children, pets, or wildlife, including:

?  Avoid contact with skin. Wear gloves and long sleeved shirts when
working with treated wood. Wash exposed areas thoroughly with mild
soap and water after working with treated wood.

?  Wear a dust mask when machining any wood to reduce the inhalation
of wood dusts. Avoid frequent or prolonged inhalation of sawdust
from treated wood. Machining operations should be performed outdoors
whenever possible to avoid indoor accumulations of airborne sawdust.

?  Wear appropriate eye protection to reduce the potential for eye
injury from wood particles and flying debris during machining.

?  If preservative or sawdust accumulates on clothes, launder before
reuse. Wash work clothes separately from other household clothing.

?  Promptly clean up and remove all sawdust and scraps and dispose
of appropriately.

?  Do not use treated wood under circumstances where the
preservative may become a component of food or animal feed.

?  Only use treated wood that's visibly clean and free from surface
residue for patios, decks, or walkways.

?  Do not use treated wood where it may come in direct or indirect
contact with public drinking water, except for uses involving
incidental contact such as docks and bridges.

?  Do not use treated wood for mulch.

?  Do not burn treated wood. Preserved wood should not be burned in
open fires, stoves, or fireplaces.


   For further information, go to the Internet Web site  for
the Western Wood Preservers Institute (http://www.wwpinstitute.org)
or call the toll-free telephone number of the California Treated Wood
Information Hotline at 1-866-696-8315.  
http://www.preservedwood.org and download the free Treated Wood 
 Guide mobile application. 

   In addition to the above listed precautions, treated wood waste
shall be managed in compliance with applicable hazardous waste
control laws.
   (2) On or before July 1, 2005, the wood preserving industry shall,
jointly and in consultation with the department, make information
available to generators of treated wood waste, including fencing,
decking, and landscape contractors, solid waste landfills, and
transporters, that describes how to best handle, dispose of, and
otherwise manage treated wood waste, through the use either of a
toll-free telephone number, Internet Web site, information labeled on
the treated wood, information accompanying the sale of the treated
wood, or by mailing if the department determines that mailing is
feasible and other methods of communication would not be as
effective. A treated wood manufacturer or supplier to a wholesaler or
retailer shall also provide the information with each shipment of
treated wood products to a wholesaler or retailer, and the wood
preserving industry shall provide it to fencing, decking, and
landscaping contractors, by mail, using the Contractors' State
License Board's available listings, and license application packages.
The department may provide guidance to the wood preserving industry,
to the extent resources permit.
   (f) (1) On or before January 1, 2007, the department, in
consultation with the Department of Resources Recycling and Recovery,
the State Water Resources Control Board, and the Office of
Environmental Health Hazard Assessment, and after consideration of
any known health hazards associated with treated wood waste, shall
adopt and may subsequently revise as necessary, regulations
establishing management standards for treated wood waste as an
alternative to the requirements specified in this chapter and the
regulations adopted pursuant to this chapter.
   (2) The regulations adopted pursuant to this subdivision shall, at
a minimum, ensure all of the following:
   (A) Treated wood waste is properly stored, treated, transported,
tracked, disposed of, and otherwise managed to prevent, to the extent
practical, releases of hazardous constituents to the environment,
prevent scavenging, and prevent harmful exposure of people, including
workers and children, aquatic life, and animals to hazardous
chemical constituents of the treated wood waste.
   (B) Treated wood waste is not reused, with or without treatment,
except for a purpose that is consistent with the approved use of the
preservative with which the wood has been treated. For purposes of
this subparagraph, "approved uses" means a use approved at the time
the treated wood waste is reused.
   (C) Treated wood waste is managed in accordance with all
applicable laws.
   (D) Any size reduction of treated wood waste is conducted in a
manner that prevents the uncontrolled release of hazardous
constituents to the environment, and that conforms to applicable
worker health and safety requirements.
   (E) All sawdust and other particles generated during size
reduction are captured and managed as treated wood waste.
   (F) All employees involved in the acceptance, storage, transport,
and other management of treated wood waste are trained in the safe
and legal management of treated wood waste, including, but not
limited to, procedures for identifying and segregating treated wood
waste.
   (g) (1) A person managing treated wood waste who is subject to a
requirement of this chapter, including a regulation adopted pursuant
to this chapter, shall comply with either the alternative standard
specified in the regulations adopted pursuant to subdivision (f) or
with the requirements of this chapter.
   (2) A person who is in compliance with the alternative standard
specified in the regulations adopted pursuant to subdivision (f) is
deemed to be in compliance with the requirement of this chapter for
which the regulation is identified as being an alternative, and the
department and any other entity authorized to enforce this chapter
shall consider that person to be in compliance with that requirement
of this chapter.
   (h) On January 1, 2005, all variances granted by the department
before January 1, 2005, governing the management of treated wood
waste are inoperative and have no further effect.
   (i) This section does not limit the authority or responsibility of
the department to adopt regulations under any other law.
   (j) (1) On or before January 1, 2018, the department shall
prepare, post on its Internet Web site, and provide to the
appropriate policy committees of the Legislature, a comprehensive
report on the compliance with, and implementation of, this section.
The report shall include, but not be limited to, all of the
following:
   (A) Data, and evaluation of that data, on the rates of compliance
with this section and injuries associated with handling treated wood
waste based on department inspections of treated wood waste generator
sites and treated wood waste disposal facilities.  To gather
data to perform the required evaluation, the department shall do all
of the following:   The 
    (i)     The  department shall inspect
 a  representative  number of 
treated wood waste generator sites and treated wood waste disposal
facilities, which shall not to be less than 25 percent of each. 
   (ii) The department shall survey and otherwise seek information on
how households are currently handling, transporting, and disposing
of treated wood waste, including available information from household
hazardous waste collection facilities, solid waste transfer
facilities, solid waste disposal facility load check programs, and
CUPAs.  
    (iii) The department shall, by survey or otherwise, seek data to
determine whether sufficient information and convenient collection
and disposal options are available to household generators of treated
wood waste. 
   (B) An evaluation of the adequacy of protective measures taken in
tracking, handling, and disposing of treated wood waste.
   (C) Data regarding the unauthorized disposal of treated wood waste
at disposal facilities that have not been approved for that
disposal.
   (D) Conclusions regarding the handling of treated wood waste.
   (E) Recommendations for changes to the handling of treated wood
waste to ensure the protection of public health and the environment.
   (2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2022, pursuant to Section
10231.5 of the Government Code.
   (k) This section shall become inoperative on  June 1,
  December 31,  2020, and, as of January 1, 2021,
is repealed, unless a later enacted statute, that becomes operative
on or before January 1, 2021, deletes or extends the dates on which
it becomes inoperative and is repealed.
  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.