BILL ANALYSIS Ó SB 162 Page 1 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 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 Page 3 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 SB 162 Page 4 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 SB 162 Page 5 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 SB 162 Page 6 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