BILL NUMBER: AB 1530 CHAPTERED
BILL TEXT
CHAPTER 575
FILED WITH SECRETARY OF STATE SEPTEMBER 17, 1996
APPROVED BY GOVERNOR SEPTEMBER 15, 1996
PASSED THE ASSEMBLY AUGUST 28, 1996
PASSED THE SENATE AUGUST 20, 1996
AMENDED IN SENATE JULY 9, 1996
AMENDED IN SENATE JUNE 26, 1996
AMENDED IN SENATE APRIL 30, 1996
AMENDED IN SENATE APRIL 9, 1996
AMENDED IN ASSEMBLY JANUARY 8, 1996
INTRODUCED BY Assembly Member Richter
FEBRUARY 24, 1995
An act to add Article 10.9 (commencing with Section 25219) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
hazardous waste, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1530, Richter. Hazardous waste: batteries: federal
regulation.
(1) Existing law exempts any collection location that receives, or
any person that transports, spent batteries, as defined, generated
as waste not subject to the federal Resource Conservation and
Recovery Act of 1976, from the requirements concerning the receiving,
storage, and transportation of hazardous waste if the batteries are
to be sent to a facility authorized to receive the batteries and
specified conditions are met.
A violation of the hazardous waste control laws, and any
regulation adopted pursuant to those laws, is a crime.
This bill would, in connection with federal law, define the terms
"federal battery management act," and "federally regulated battery."
The bill would provide that, notwithstanding any other provision of
law, the federal battery management act shall be deemed to be the law
of this state with regard to the easy removability, environmental
labeling, collection, storage, and transportation of federally
regulated batteries, and would require that any battery that is a
federally regulated battery be managed in accordance with the federal
battery management act.
The bill would state legislative intent with regard to those
provisions.
The bill would require batteries not subject to those provisions
to be managed in compliance with all other requirements of the
hazardous waste control laws.
By requiring batteries to be managed in a prescribed manner under
the hazardous waste control laws, the bill would impose a
state-mandated local program by creating new crimes.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(3) The bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 10.9 (commencing with Section 25219) is added
to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article 10.9. Battery Management: Federal Regulation
25219. As used in this article, the following terms have the
following meaning:
(a) "Federal battery management act" means the Mercury-Containing
and Rechargeable Battery Management Act (P.L. 104-142), or that act
as it may thereafter be amended.
(b) "Federally regulated battery" means a battery that is subject
to the federal battery management act.
25219.1 (a) Notwithstanding any other provision of law,
including, but not limited to, any other provision of this chapter,
the federal battery management act shall be deemed to be the law of
this state with regard to the easy removability, environmental
labeling, collection, storage, and transportation of federally
regulated batteries, and any battery that is a federally regulated
battery shall be managed in accordance with the federal battery
management act.
(b) It is the intent of subdivision (a) to make the necessary
changes in state law to allow the department to seek and maintain the
approval of the Administrator of the Environmental Protection Agency
to implement and enforce the requirements of subsection (a) of
Section 104 of the federal battery management act.
25219.2. Except as provided in this article, batteries not
subject to regulation pursuant to Section 25219.1 shall be managed in
compliance with all other requirements of this chapter.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to conform state law with a specified federal law
regulating batteries, thereby allowing the Department of Toxic
Substances Control to enforce the laws and regulations concerning
those batteries, it is necessary that this act take effect
immediately.