BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 162|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 162
Author: Galgiani (D)
Amended: 6/22/15
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 3-3, 4/15/15 (FAIL)
AYES: Gaines, Bates, Pavley
NOES: Wieckowski, Hill, Leno
NO VOTE RECORDED: Jackson
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/29/15
AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SENATE FLOOR: 38-0, 6/1/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block,
Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,
Hancock, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,
Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach,
Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak,
Wieckowski, Wolk
NO VOTE RECORDED: Hernandez, Morrell
ASSEMBLY FLOOR: 80-0, 9/01/15 - See last page for vote
SUBJECT: Treated wood waste
SOURCE: Author
DIGEST: This bill extends the sunset date that allows treated
wood waste (TWW) to be disposed of in a Class II or III landfill
so long as alternative management standards, established by the
SB 162
Page 2
Department of Toxic Substances Control (DTSC) are maintained to
January 1, 2020.
Assembly Amendments update the information required to be posted
by wholesalers and retailers of treated wood and treated
wood-like products and require the DTSC to conduct a survey and
otherwise seek information on how households are currently
handling, transporting, and disposing of treated wood waste,
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.
ANALYSIS:
Existing law:
1)Under the Hazardous Waste Control Act (HWCA), provides for the
registration, licensure and permitting of hazardous waste
generators, transporters and storage, transfer and disposal
facilities. HWCA requires DTSC to implement and enforce the
HWCA.
2)Defines "treated wood" as wood that has been treated with a
chemical preservative for purposes of protecting the wood
against attacks from insects, microorganisms, fungi, and other
environmental conditions that can lead to decay of the wood
and the chemical preservative is registered pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act.
3)Defines "wood preserving industry" as business concerns, other
than retailers, that manufacture or sell treated wood products
in the state.
4)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.
5)Requires each wholesaler and retailer of treated wood and
treated wood-like products to conspicuously post specified
warning information at or near the point of display or
customer selection of treated wood and treated wood-like
products used for fencing, decking, retaining walls,
SB 162
Page 3
landscaping, outdoor structures, and similar uses.
6)Requires the DTSC to adopt regulations, as specified,
establishing alternative management standards (AMS) for TWW.
Authorizes DTSC to subsequently revise these regulations as
necessary.
7)Requires DTSC, on or before June 1, 2011, to prepare and post
on its Internet web site a report that makes a determination
regarding the successful compliance with, and implementation
of, TWW laws and regulations.
8)Sunsets the TWW requirements on June 1, 2017.
This bill extends the sunset date on TWW statute from June 1,
2017, to December 31, 2020, and requires DTSC to prepare a
comprehensive report on the implementation of TWW law.
Specifically, this bill:
1)Deletes existing statute that prohibits the DTSC from imposing
additional requirements on, or from exceeding existing
statutory requirements for, TWW disposal.
2)Requires the DTSC, on or before January 1, 2018, to prepare,
post on its website, 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 the 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;
SB 162
Page 4
d) Conclusions regarding the handling of TWW; and,
e) Recommendations for changes to the handling of TWW to
ensure the protection of public health and the environment.
4)Requires the 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 to be less than 25
percent 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.
6)Makes other clarifying amendments.
Background
1)California's TWW Program. During the 1980s, the DTSC issued a
number of variances authorizing the disposal of wood waste
treated with wood preservatives at lined municipal landfills
rather than at Class I facilities if the water quality permits
allow for such disposal.
In the late 1990s, the variances were scrutinized as not
providing sufficient protection to public health and the
environment and the DTSC opined that the variances were
illegal and intended to rescind them in the early 2000s. The
SB 162
Page 5
treated wood industry pursued legislation essentially
codifying the variances previously granted and proposed to be
rescinded by the DTSC. AB 1353 (Matthews, Chapter 597,
Statutes of 2004), was enacted, creating disposal guidelines
and regulatory authority for TWW, requiring the DTSC to adopt
regulations establishing AMS for TWW and authorizing the
disposal of TWW in either a Class I hazardous waste landfill,
or in a composite-lined portion of a solid waste landfill unit
that meets specified requirements.
2)What is Treated Wood, TWW and Why is It a Hazardous Waste?
Treated wood contains hazardous chemicals that pose a risk to
human health and the environment. Arsenic, chromium, copper,
creosote, chromated copper arsenate (CCA) and
pentachlorophenol are among the chemicals used to preserve
wood and are known to be toxic or carcinogenic.
Treated wood is commonly used to build telephone poles, road
signs and marine pilings as well as decks, play structures and
raised garden beds. Insects and mold can damage wood over
time. To prevent that damage, wood is often treated with these
pesticides and preservatives.
Precautions have been taken by both the federal and state
governments in concert with the treated wood industry to limit
exposure to these harmful chemicals, especially in residential
settings. As of January 1, 2004, United States Environmental
Protection Agency does not allow CCA products to be used to
treat wood intended for any of these residential uses such as:
wood used in play-structures, decks, picnic tables,
landscaping timbers, residential fencing, patios and
walkways/boardwalks.
Wood preservatives help to extend the life of wood, however as
the product degrades in the environment, preservatives can
slowly leach into the surrounding soil or water.
Additionally, touching the wood can leave residue on exposed
skin. While the product is in use it is important to keep the
wood sealed, providing a protective barrier, in order to
prevent human exposure and leaching into surrounding soil and
groundwater.
SB 162
Page 6
At end of life, the wood and its sealant are degraded
providing opportunity for the pesticides and preservatives to
more easily leach out, presenting health and environmental
risks. Proper handling is essential to protecting human
health and the environment.
Harmful exposure to these chemicals may result from exposure
to both treated wood and TWW. The exposure pathways are
touching, inhaling or ingesting the chemicals (e.g., handling
of wood, especially wood with degraded sealant or degraded
wood, inhaling sawdust and smoke or putting one's hand to
one's mouth after touching degraded wood or wood with degraded
sealant).
3)What is Hazardous Waste and What Are the Statutory Protections
of the HWCA? A hazardous waste is a waste with a chemical
composition or other properties that make it capable of
causing illness, death, or some other harm to humans and other
life forms when mismanaged or released into the environment.
Among the risks associated with hazardous waste are ground
water contamination, air pollution, soil contamination and
human health risks associated with direct exposure.
In California, the HWCA provides for registration, training
and/or permitting of hazardous waste generators,
transporters/haulers, collection, storage or transfer
facilities and disposal facilities.
Additionally, HWCA provides for tracking of hazardous waste by
all parties who handle the waste through a universal manifest
system and ultimately requires that those manifests are
provided to the DTSC in order to track, account for all
hazardous waste in California, and enforce HWCA and the
regulations implementing HWCA.
This system creates accountability and when followed protects
the environment and public health from release of, or exposure
to, the hazards of the waste.
4)DTSC AMS for TWW. TWW has its own statute directing the DTSC
to develop regulations for AMS (separate from universal
SB 162
Page 7
waste). The AMS for TWW provide much less stringent storage
requirements, extend accumulation periods, allow shipments
without a hazardous waste manifest or a hazardous waste
hauler, and allow disposal at specific non-hazardous waste
landfills.
The AMS for TWW provide for much less stringent requirements
from HWCA but they are also considerably less stringent than
universal requirements. For example, the AMS allow a shipping
document, bill of lading, or invoice as documentation of the
TWW and allows anyone to transport TWW. AMS require the waste
to be labeled and a report to be sent by disposal facilities
semi-annually to the DTSC. However, AMS do not require any
sort of documentation to travel with this waste, like a
manifest tracking the waste (unlike HWCA or universal waste
regulation) that would allow for any accountability and
enforcement. It appears that these regulations were written
to be completed self-enforced by the generator with no way to
actually track the waste, generators, or haulers that are not
complying with the proper handling requirements.
5)The DTSC report. AB 1353 required the DTSC to conduct an
evaluation of TWW statute and regulations and report back to
the Legislature. In 2011, the DTSC issued a 12-page report
that contained vague language and insufficient information to
evaluate the program.
The intent of the Legislature in asking for this report from
the DTSC was to gain insight and information to evaluate the
efficacy of allowing AMS for this wastestream, assuming that a
scientific regulatory agency, such as the DTSC, would have
provided a report with specific data to allow that evaluation.
These vague statements raise significant concerns about what
type of risks are actually occurring in the mishandling of
this wastestream.
6)Lack of Funding. The DTSC's HWCA implementation and
enforcement activities are funded through fees on the
regulated community (i.e., the generators, transporters and
/storage/transfer/disposal facilities). When a waste, like
TWW, is provided an alternative management scheme for the
waste, which does not include the registration, licensure or
SB 162
Page 8
permitting of the parties noted above, no fee is collected.
Therefore, the DTSC does not have the needed resources to
enforce the AMS.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Assembly Appropriations Committee, this bill
has increased annual special fund costs of $600,000 for two
years from the 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.
SUPPORT: (Verified9/1/15)
Allweather Wood, LLC
American Forest & Paper Association
American Wood Council
Bay Planning Coalition
Brooks Manufacturing Company
California Cattlemen's Association
California Chamber of Commerce
California Construction and Industrial Materials Association
California Farm Bureau Federation
California Forestry Association
California Manufacturers & Technology Association
Chemical Industry Council of California
Exterior Wood, Inc.
Fontana Wood Preserving, Inc.
Humboldt Waste Management Authority
JH Baxter
McFarland Cascade
Natural Wood Solutions, LLC
Osmose
Railway Tie Association
SB 162
Page 9
Republic Services, Inc.
Rio Tinto Minerals
Rural County Representatives of California
Rutgers Canada, Inc.
Solid Waste Association of North America
Southeastern Lumber Manufacturers Assn.
Southern Pressure Treaters Association
Treated Wood Council
Waste Management
West Coast Lumber & Building Materials Association
Western Wood Preservers Institute
Wine Institute
OPPOSITION: (Verified9/1/15)
None received
ASSEMBLY FLOOR: 80-0, 9/01/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
9/1/15 21:35:19
**** END ****
SB 162
Page 10