BILL ANALYSIS Ó
SB 162
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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
SB 162
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