BILL ANALYSIS Ó
SB 162
Page 1
SENATE THIRD READING
SB
162 (Galgiani)
As Amended June 22, 2015
Majority vote
SENATE VOTE: 38-0
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|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 | |
| | | | |
| | | | |
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SB 162
Page 2
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,
SB 162
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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