BILL NUMBER: AB 2573	CHAPTERED  09/27/00

	CHAPTER   726
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 14, 2000
	AMENDED IN ASSEMBLY   MAY 2, 2000
	AMENDED IN ASSEMBLY   APRIL 5, 2000

INTRODUCED BY   Assembly Member Briggs

                        FEBRUARY 25, 2000

   An act to amend Section 25250.4 of the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2573, Briggs.  Used oil.
   (1) Existing law requires used oil to be managed as a hazardous
waste until it has been shown to meet specified purity standards or
is excluded from regulation as a hazardous waste because it is a
recyclable material.
   This bill would exclude, from that hazardous waste management
requirement, dielectric fluid removed from specified oil-filled
electrical equipment, if the dielectric fluid is filtered and
replaced onsite or is managed in a specified manner and in accordance
with the applicable requirements of the federal regulations
governing used oil.
   (2) This bill would incorporate additional changes in Section
25250.4 of the Health and Safety Code proposed by SB 1924, to be
operative only if that bill and this bill are enacted and become
effective on or before January 1, 2001, and this bill is enacted
last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25250.4 of the Health and Safety Code is
amended to read:
   25250.4.  (a) Used oil shall be managed as a hazardous waste in
accordance with the requirements of this chapter until it has been
shown to meet the requirements of subdivision (b) of Section 25250.1
or is excluded from regulation as a hazardous waste pursuant to
Section 25143.2.
   (b) This section does not apply to dielectric fluid removed from
oil-filled electrical equipment that is filtered and replaced,
onsite, at a restricted access electrical equipment area, or that is
removed and filtered at a maintenance facility for reuse in
electrical equipment and is managed in accordance with the applicable
requirements of Part 279 (commencing with Section 279.1) of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations.
   (c) For the purposes of this section:
   (1) "Oil-filled electrical equipment" includes, but is not limited
to, transformers, circuit breakers, and capacitators.
   (2) "Restricted access electrical equipment area" means a
fenced-off or walled-off restricted access area that is covered by a
spill prevention control and countermeasure plan prepared in
accordance with Part 112 of Title 40 of the Code of Federal
Regulations and that is used in the transmission or distribution of
electrical power, or both.
   (d) For the purposes of subdivision (b), "filtered" means the use
of filters assisted by the application of heat and suction to remove
impurities, including, but not limited to, water, particulates, and
trace amounts of dissolved gases, by equipment, mounted upon or above
an impervious surface.
   (e) Nothing in this section affects the authority of the
department or a certified unified program agency in the event of a
spill.
  SEC. 1.5.  Section 25250.4 of the Health and Safety Code is amended
to read:
   25250.4.  (a) Used oil shall be managed as a hazardous waste in
accordance with the requirements of this chapter, unless one of the
following applies:
   (1) The used oil is excluded from regulation as hazardous waste
pursuant to Section 25143.2, and is not subject to regulation as
hazardous waste under the federal act.
   (2) The used oil has been shown by the generator to meet the
requirements of paragraph (1) of subdivision (b) of Section 25250.1
or the used oil is recycled oil and meets the requirements of
paragraph (2) of subdivision (b) of Section 25250.1.
   (b) This section does not apply to dielectric fluid removed from
oil-filled electrical equipment that is filtered and replaced,
onsite, at a restricted access electrical equipment area, or that is
removed and filtered at a maintenance facility for reuse in
electrical equipment and is managed in accordance with the applicable
requirements of Part 279 (commencing with Section 279.1) of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations.
   (c) For the purposes or this section:
   (1) "Oil-filled electrical equipment" includes, but is not limited
to, transformers, circuit breakers, and capacitators.
   (2) "Restricted access electrical equipment area" means a
fenced-off or walled-off restricted access area that is covered by a
spill prevention control and countermeasure plan prepared in
accordance with Part 112 of Title 40 of the Code of Federal
Regulations and that is used in the transmission or distribution of
electrical power, or both.
   (d) For the purposes of subdivision (b), "filtered" means the use
of filters assisted by the application of heat and suction to remove
impurities, including, but not limited to, water, particulates, and
trace amounts of dissolved gases, by equipment mounted upon or above
an impervious surface.
   (e) Nothing in this section affects the authority of the
department or a certified unified program agency in the event of a
spill.
  SEC. 2.  Section 1.5 of this bill incorporates amendments to
Section 25250.4 of the Health and Safety Code proposed by both this
bill and SB 1924.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 25250.4 of the Health and Safety Code, and
(3) this bill is enacted after SB 1924, in which case Section 1 of
this bill shall not become operative.