BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 162


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          SENATE THIRD READING


          SB  
          162 (Galgiani)


          As Amended  June 22, 2015


          Majority vote


          SENATE VOTE:  38-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Environmental   |7-0  |Alejo, Dahle,         |                    |
          |Safety          |     |Gallagher, Gonzalez,  |                    |
          |                |     |Gray, McCarty, Ting   |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |17-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Nazarian, Eggman,     |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Quirk, Rendon, |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 









                                                                     SB 162


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          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 Web site, and provide to the appropriate policy  
            committees of the Legislature, a comprehensive report on the  
            compliance with, and implementation of, TWW law.


          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,








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             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 be less than 25% 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.


          EXISTING LAW:   


          1)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. (Health  








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            and Safety Code (HSC) Section 25150.7 (d)(1))
          2)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 TWW, to adopt regulations, as  
            specified, establishing alternative management standards (AMS)  
            for TWW.  Authorizes DTSC to subsequently revise these  
            regulations as necessary. (HSC Section 25150.7 (f)(1))


          3)Sunsets the TWW requirements on June 1, 2017. (HSC Section  
            25150.7 (j))


          4)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 Section 25150.7 (f)(3))


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, enactment of this bill could result in increased  
          annual special fund costs of $600,000 for two years 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:  


          Need for this 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  








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          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  
          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 Section 25150.7(f)  
          requires DTSC to adopt regulations establishing AMS for TWW.   
          In addition, HSC Section 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  








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          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.




          Analysis Prepared by:                                             
                          Shannon McKinney / E.S. & T.M. / (916) 319-3965   
           FN: 0001641