BILL NUMBER: AB 847 CHAPTERED
BILL TEXT
CHAPTER 884
FILED WITH SECRETARY OF STATE OCTOBER 12, 1997
APPROVED BY GOVERNOR OCTOBER 11, 1997
PASSED THE ASSEMBLY SEPTEMBER 10, 1997
PASSED THE SENATE SEPTEMBER 4, 1997
AMENDED IN SENATE AUGUST 25, 1997
AMENDED IN SENATE JULY 21, 1997
AMENDED IN ASSEMBLY JUNE 2, 1997
AMENDED IN ASSEMBLY MARCH 31, 1997
INTRODUCED BY Assembly Member Wayne
(Coauthor: Assembly Member Machado)
FEBRUARY 27, 1997
An act to add Article 10.1 (commencing with Section 25211) to
Chapter 6.5 of Division 20 of the Health and Safety Code, and to
amend Sections 42167 and 42175 of, and to add Section 42175.1 to, the
Public Resources Code, relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 847, Wayne. Discarded major appliances: materials requiring
special handling: hazardous waste.
(1) Under existing law, the California Integrated Waste Management
Act of 1989, administered by the California Integrated Waste
Management Board, materials that require special handling, as
defined, are required to be removed from major appliances, as
defined, and from vehicles in which they are contained prior to
crushing for transport or transferring to a baler or shredder for
recycling.
Existing law prohibits the management of hazardous waste, except
in accordance with hazardous waste laws. A violation of the
hazardous waste control laws is a crime.
This bill would revise the definition of materials that require
special handling, and provide that any person who removes from a
major appliance any material that requires special handling that is a
hazardous waste is a hazardous waste generator. The bill would
require such a person to comply with the provisions regulating
hazardous waste generators and require those materials to be managed
in accordance with the hazardous waste control laws, thereby imposing
a state-mandated local program by creating a new crime.
The bill would require the Department of Toxic Substances Control,
or the local health officer or public officer authorized to enforce
the hazardous waste control laws, including when applicable, a
certified unified program agency, to incorporate the regulation of
materials that require special handling that are hazardous wastes
into existing inspection and enforcement activities to ensure
compliance with the bill's requirements, thereby imposing a
state-mandated local program by imposing new duties upon local
agencies.
The bill would require the department to transmit a copy of the
Appliance Recycling Guide, published by the board, and any other
materials determined by the department to be necessary to ensure
compliance with the bill, to specified persons and agencies.
The bill would make related legislative findings and declarations
and prescribe related matters.
The bill would require any hazardous material that becomes a
hazardous waste when released or removed from a major appliance to be
managed pursuant to requirements that would be imposed by this bill.
(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 specified reasons.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) Discarded major appliances are solid waste managed pursuant to
the California Integrated Waste Management Act of 1989 (Division 30
(commencing with Section 40000) of the Public Resources Code),
including the provisions of that act governing metallic discards
(Chapter 3.5 (commencing with Section 42160) of Part 3 of Division 30
of the Public Resources Code) unless the major appliances are
removed from the solid waste stream for the purposes of recycling.
However, those major appliances may contain hazardous materials that
become hazardous waste when released or removed from the appliance in
the discard process.
(b) To avoid hazardous waste contamination of soil and groundwater
and contamination of reusable materials derived from metal
scrapyards and shredders, and to avoid the illegal disposal of any
hazardous waste released or removed from a major appliance, it is in
the interests of the state to ensure that those materials are removed
from major appliances before they are crushed for transport or
transferred to a shredder or baler for recycling and are managed in
compliance with Chapter 6.5 (commencing with Section 25100) of
Division 20 of the Health and Safety Code.
(c) Any materials that require special handling are required to be
removed from major appliances as specified in Section 42175 of the
Public Resources Code.
SEC. 2. Article 10.1 (commencing with Section 25211) is added to
Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article 10.1. Management of Hazardous Wastes Removed From
Discarded Appliances
25211. For purposes of this article, the following terms have the
following meaning:
(a) "Major appliance" has the same meaning as defined in Section
42166 of the Public Resources Code.
(b) "Materials that require special handling" has the same meaning
as defined in Section 42167 of the Public Resources Code.
25212. (a) Any person who, pursuant to Section 42175 of the
Public Resources Code, removes from a major appliance any material
that requires special handling, that is a hazardous waste under this
chapter, is a hazardous waste generator and shall comply with all
provisions of this chapter applicable to generators of hazardous
waste.
(b) All materials that require special handling that have been
removed from a major appliance pursuant to Section 42175 of the
Public Resources Code, and that are hazardous wastes, shall be
managed in accordance with this chapter.
(c) (1) The department or a local health officer or other public
officer authorized pursuant to Article 8 (commencing with Section
25180), including, when applicable, a certified unified program
agency (CUPA) or a unified program agency within the jurisdiction of
a CUPA, shall incorporate the regulation of materials that require
special handling that, when removed from major appliances, are
hazardous wastes into the existing inspection and enforcement
activities of the department or the local health officer or other
public officer.
(2) The department, local health officers, or other public
officers shall coordinate their activities as needed to identify and
regulate materials that require special handling that, when removed
from major appliances, are hazardous wastes that are transported from
one jurisdiction to another.
25213. (a) To implement subdivision (c) of Section 25212, the
department shall, based on reasonably available information, develop
a statewide list of appliance recyclers, used appliance dealers,
solid waste facilities, metal scrapyards, and others who may remove,
or do business with those who remove, from major appliances,
materials that require special handling. The department shall notify
persons on the list of the requirements of this chapter and the
steps that will be required to be taken to comply with this chapter.
(b) The department shall transmit a copy of the Appliance
Recycling Guide, published by the California Integrated Waste
Management Board, and any other materials determined to be necessary
by the department to ensure compliance with this chapter, to the
following persons and agencies:
(1) Persons who apply for a generator identification number
indicating that they are involved with any activities regulated
pursuant to this article.
(2) The local officers and agencies authorized to enforce this
chapter pursuant to subdivision (a) of Section 25180.
(c) The department shall transmit the generator identification
number of any person identified pursuant to paragraph (1) of
subdivision (b) and the statewide list developed pursuant to
subdivision (a) to the appropriate local officers and agencies
authorized to enforce this chapter pursuant to subdivision (a) of
Section 25180.
25214. The department shall make information available upon
request regarding the implementation of this article, including, but
not limited to, the list of persons notified pursuant to subdivision
(a) of Section 25213, the list of persons identified pursuant to
paragraph (1) of subdivision (b) of Section 25213, information on
inspection and enforcement, and other information pertaining to the
record of compliance with this article, subject to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).
SEC. 3. Section 42167 of the Public Resources Code is amended to
read:
42167. "Materials that require special handling" means all of the
following:
(a) Sodium azide canisters in unspent airbags that are determined
to be hazardous by federal and state law or regulation.
(b) Encapsulated polychlorinated biphenyls (PCBs) in major
appliances.
(c) Chlorofluorocarbons (CFCs) injected in
air-conditioning/refrigeration units.
(d) Used oil, as defined in subparagraph (A) of paragraph (1) of
subdivision (a) of Section 25250.1 of the Health and Safety Code, in
major appliances. Materials described in subparagraph (B) of
paragraph (1) of subdivision (a) of Section 25250.1 of the Health and
Safety Code are not excluded from the definition of used oil for the
purposes of this section.
(e) Mercury found in switches and temperature control devices in
major appliances.
SEC. 4. Section 42175 of the Public Resources Code is amended to
read:
42175. Materials that require special handling shall be removed
from major appliances and vehicles in which they are contained prior
to crushing for transport or transferring to a baler or shredder for
recycling.
SEC. 5. Section 42175.1 is added to the Public Resources Code, to
read:
42175.1. Any hazardous material that becomes a hazardous waste
when released or removed from any major appliance shall be managed
pursuant to Article 10.1 (commencing with Section 25211) of Chapter
6.5 of Division 20 of the Health and Safety Code.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
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 or because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
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.