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