BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 162  


                                                                    Page  1





          Date of Hearing:  August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


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


           ----------------------------------------------------------------- 
          |Policy       |Environmental Safety and Toxic |Vote:|7 - 0        |
          |Committee:   |Materials                      |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill extends the sunset date from June 1, 2017 to December  
          31, 2020, on the statute allowing treated wood waste (TWW) to be  
          disposed of in a class II or III landfill, if alternative  








                                                                     SB 162  


                                                                    Page  2





          management standards established by the Department of Toxic  
          Substance Control (DTSC) are maintained.  Additionally, 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 specified comprehensive  
            report on the compliance with, and implementation of, TWW law.



          3)Requires the study and report to include specific evaluations  
            of compliance, injuries, the adequacy of protective measures  
            and recommendations for changes to the handling of TWW.

          4)Requires DTSC to gather data to perform the study by  
            inspecting at least 25% of TWW generator sites and disposal  
            facilities.  Requires DTSC to survey specified information  
            regarding how households are currently handling, transporting  
            and disposing of TWW including information from waste  
            facilities and agencies.  Requires DTSC to determine if  
            adequate information and convenient collection and disposal  
            options are available for household generators of TWW.





          FISCAL EFFECT:


          Increased annual special fund costs of $600,000 for two years  








                                                                     SB 162  


                                                                    Page  3





          from the Hazardous Waste Control Account (HWCA) for the required  
          inspections and reporting requirements.  According to DTSC,  
          there are approximately 430 generators of TWW, 200 transfer  
          stations, and 45 landfills.  This bill requires DTSC to inspect  
          108, 50, and 45 of these facilities respectively.


          COMMENTS:


          1)Purpose.  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 will create chaos and the illegal dumping of  
            treated wood waste and the need for hazardous waste  
            landfills that are not readily available to the majority 
            
            of Californians. This bill removes the sunset date to  
            continue the current disposal options for treated wood  
            waste. 

          2)Background.  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 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. 









                                                                     SB 162  


                                                                    Page  4





            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 (Mathews, Chapter 597, Statutes of  
            2004) authorized DTSC to develop alternative management  
            standards (AMS) for TWW based upon hazardous waste  
            requirements.  Current 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.




          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081