BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 30, 2015


           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS


                                  Luis Alejo, Chair


          SB  
          162 (Galgiani) - As Amended June 22, 2015


          SENATE VOTE:  38-0


          SUBJECT:  Treated wood waste.


          SUMMARY:  Extends the sunset date on treated wood waste (TWW)  
          statute from June 1, 2017 to December 31, 2020, and requires the  
          Department of Toxic Substances Control (DTSC) to prepare a  
          comprehensive report on the implementation of TWW law.    
          Specifically, this bill:  


          1)Deletes existing statute that prohibits DTSC from imposing  
            additional requirements on, or from exceeding existing  
            statutory requirements for, TWW disposal.



          2)Requires DTSC, on or before January 1, 2018, to prepare, post  
            on its website, and provide to the appropriate policy  
            committees of the Legislature, a comprehensive report on the  
            compliance with, and implementation of, TWW law.











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          3)Requires the TWW report to include, but not be limited to, all  
            of the following:



             a)   Data, and evaluation of that data, on the rates of  
               compliance with TWW law and injuries associated with  
               handling TWW based on DTSC inspections of TWW generator  
               sites and TWW disposal facilities;



             b)   An evaluation of the adequacy of protective measures  
               taken in tracking, handling, and disposing of TWW;



             c)   Data regarding the unauthorized disposal of TWW at  
               disposal facilities that have not been approved for that  
               disposal;



             d)   Conclusions regarding the handling of TWW; and,



             e)   Recommendations for changes to the handling of TWW to  
               ensure the protection of public health and the environment.



          4)Requires DTSC, in order to gather data to perform the required  
            TWW study, to do all of the following:



             a)   Inspect representative TWW generator sites and TWW  
               disposal facilities, which shall not to be less than 25  








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               percent of each;



             b)   Survey and otherwise seek information on how households  
               are currently handling, transporting, and disposing of TWW,  
               including available information from household hazardous  
               waste collection facilities, solid waste transfer  
               facilities, solid waste disposal facility load check  
               programs, and certified unified program agencies; and,






             c)   Seek data, by survey or otherwise, to determine whether  
               sufficient information and convenient collection and  
               disposal options are available to household generators of  
               TWW.



          5)Extends the sunset date on TWW statute from June 1, 2017 to  
            December 31, 2020.



          6)Makes other clarifying amendments.



          EXISTING LAW:   


          1)Prohibits the disposal of any hazardous waste when the  
            disposal is at a facility that does not have a permit from  
            DTSC. (Health & Safety Code (HSC) Chapter 6.5)









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          2)Prohibits the owner or operator of a storage facility,  
            treatment facility, transfer facility, resource recovery  
            facility, or disposal site from accepting, treating, storing,  
            or disposing of  hazardous waste at the facility, area, or  
            site, unless the owner or operator holds a hazardous waste  
            facility permit or other grant of authorization from DTSC.  
            (HSC Chapter 6.5)

          3)Defines "treated wood" as 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 (FIFRA).  
            (HSC § 25150.7 (b)(1))

          4)Defines "wood preserving industry" as business concerns, other  
            than retailers, that manufacture or sell treated wood products  
            in the state. (HSC § 25150.7 (b)(2))

          5)Requires TWW 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 specified requirements. (HSC §  
            25150.7 (d)(1))

          6)Requires each wholesaler and retailer of treated wood and  
            treated wood-like products to conspicuously post specified  
            warning 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. (HSC §  
            25150.7 (e)(1))

          7)Requires DTSC, 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, to adopt  
            regulations, as specified, establishing alternative management  








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            standards (AMS) for TWW.  Authorizes DTSC to subsequently  
            revise these regulations as necessary. (HSC § 25150.7 (f)(1))

          8)Sunsets the TWW requirements on June 1, 2017. (HSC § 25150.7  
            (j))



          9)Specifies that DTSC is not authorized to adopt regulations  
            that impose additional requirements on the disposal of TWW or  
            exceed any of the statutory requirements for TWW disposal.  
            (HSC § 25150.7 (f)(3))

          FISCAL EFFECT:  Unknown.


          COMMENTS:  


          Need for the bill:  According to the author, "Existing law  
          (SB 909, Chapter 601, Statutes of 2011) includes a sunset  
          provision due to expire on June 1, 2017.  Failure to extend  
          this authorization would cause chaos and illegal dumping of  
          treated wood waste and default to hazardous waste landfills  
          that are not readily available to the majority of  
          Californians. This bill removes the sunset date to continue  
          the current disposal of treated wood waste. "

          TWW: According to DTSC, treated wood is wood that has been  
          treated with a chemical preservative for protection against  
          pests or environmental conditions.  Examples of treated wood  
          uses include fence posts, sill plates, landscape timbers,  
          pilings, guardrails, and decking.  When the treated wood has  
          reached the end of its useful life, it becomes TWW.

          DTSC reports that TWW contains hazardous chemicals, such as  
          arsenic, chromium, copper, creosote, and pentachlorophenol,  
          which pose a risk to human health and to the environment.   
          These chemicals are known to be toxic or carcinogenic.  Harmful  








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          exposure to these chemicals may result from dermal contact with  
          TWW, or from inhalation or ingestion of TWW particulate (e.g.,  
          sawdust and smoke).  If TWW is not properly disposed of, the  
          chemicals the waste contains can contaminate surface water and  
          groundwater. 

          California's TWW program:  Disposal guidelines and regulatory  
          authority for TWW were created pursuant to AB 1353 (Matthews,  
          Chapter 597, Statutes of 2004).  HSC § 25150.7(f) requires  
          DTSC to adopt regulations establishing AMS for TWW.  In  
          addition, HSC §25150 (d)(l) authorizes the disposal of TWW in  
          either a class I hazardous waste landfill, or in a  
          composite-lined portion of a solid waste landfill unit  
          approved to accept TWW by the appropriate Regional Water  
          Quality Control Board.

          Because TWW contains hazardous chemicals, it is subject to  
          California's Hazardous Waste Control Law.  However,  
          California's hazardous waste facilities lack the capacity to  
          accommodate the volume of TWW generated in the state every  
          year.  Therefore, AB 1353 provided DTSC with the statutory  
          authority to develop, through regulations, AMS for TWW that  
          are based upon hazardous waste requirements, but are adjusted  
          for the unique circumstances associated with TWW.  AMS lessen  
          storage requirements, extend accumulation periods, allow  
          shipments without a hazardous waste manifest and a hazardous  
          waste hauler, and allow disposal at specific non-hazardous  
          waste landfills.  According to DTSC, the AMS simplify and  
          facilitate the safe and economical disposal of TWW.

          Should this bill fail to become enacted, HSC § 25150.7, which  
          directs DTSC to adopt the AMS regulations, will sunset on June  
          1, 2017.  DTSC maintains, however, that, pursuant to the law,  
          the AMS regulations will remain operative after that date.   
          Since the regulations restate the statutory requirements for  
          managing TWW, these requirements will remain in effect.  DTSC  
          argues, though, that absent legislative action, the  
          requirement for wholesalers and retailers of treated wood  
          products to post specified precautions for customers will  








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          sunset with the TWW statute.  

          SB 162 extends the sunset for TWW law from June 1, 2017 to  
          December 31, 2020.

          DTSC's TWW report: AB 1353 also required DTSC to "prepare and  
          post on its Web
          site a report that makes a determination regarding the  
          successful compliance with, and implementation of " TWW law.  In  
          June 2011, DTSC published "Treated Wood Waste Management in  
          California; AB 1352 Implementation Report, June 2011." The  
          report contained some alarming findings, including that, "Based  
          on a very limited number of inspections, TWW generators  
          inspected by DTSC were found to have
          more-and more serious-violations, some of which posed potential  
          threats to the environment and/or public health."  

          SB 162 requires a more comprehensive evaluation of the TWW  
          program, including information on compliance and outreach  
          efforts to household TWW generators. This evaluation should  
          better inform a decision on whether the TWW program is  
          sufficiently protective of public health and the environment and  
          may be extended indefinitely.   

          Previous related legislation:


          1)SB 909 (La Malfa, Chapter 601, Statutes of 2011). Modified  
            code relating to TWW disposal, including: extended the  
            sunset of statute related to TWW disposal requirements from  
            2012 to 2017; deleted obsolete sections of code, including  
            a reference to a required TWW report; and, specified the  
            website and phone number that wholesalers and retailers of  
            treated wood and treated wood-like products are required to  
            post on warning signs so that consumers can access  
            information about treated wood.

          2)AB 1353 (Matthews, Chapter 597, Statutes of 2004). Required  
            TWW to be disposed of in a Class I hazardous waste landfill  








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            or a composite-lined portion of a solid waste landfill unit  
            (Class II or Class III); required DTSC to establish  
            management standards for TWW; and, required DTSC, by June  
            1, 2011, to prepare and post on its website a report that  
            makes a determination regarding the implementation and  
            compliance rate for the generation and management of TWW.

          REGISTERED SUPPORT / OPPOSITION:




          Support


          Western Wood Preservers Institute (sponsor) 


          Allweather Wood, LLC


          American Forest & Paper Association


          American Wood Council


          Bay Planning Coalition


          Brooks Manufacturing Company 


          California Cattlemen's Association


          California Chamber of Commerce










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          California Construction and Industrial Materials Association 


          California Farm Bureau Federation


          California Forestry Association


          California Manufacturers  & Technology Association 


          Chemical Industry Council of California


          Exterior Wood, Inc.


          JH Baxter 


          McFarland Cascade


          Natural Wood Solutions, LLC 


          Osmose


          Railway Tie Association


          Republic Services, Inc. 


          Rio Tinto Minerals 










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          Ruetgers Canada, Inc.


          Rural County Representatives of California


          Southeastern Lumber Manufacturers Association


          Southern Pressure Treaters Association 


          Treated Wood Council


          Waste Management


          West Coast Lumber & Building Material Association 


          Western Wood Preservers Institute


          Wine Institute




          Opposition


          None on file.




          Analysis Prepared by:Shannon McKinney / E.S. & T.M. / (916)  
          319-3965








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