BILL ANALYSIS Ó
SB 162
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Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 162
(Galgiani) - As Amended June 22, 2015
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|Policy |Environmental Safety and Toxic |Vote:|7 - 0 |
|Committee: |Materials | | |
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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
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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
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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.
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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