BILL ANALYSIS
AB 2877
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CONCURRENCE IN SENATE AMENDMENTS
AB 2877 (Aghazarian)
As Amended June 21, 2004
Majority vote
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|ASSEMBLY: |77-0 |(May 19, 2004) |SENATE: |38-0 |(June 24, |
| | | | | |2004) |
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Original Committee Reference: E.S.& T.M.
SUMMARY : Re-establishes, until January 1, 2008, the
authorization of the Department of Toxic Substances Control
(DTSC) to adopt regulations establishing alternative management
standards for a limited universe of hazardous wastes.
Specifically, this bill :
1)Re-establishes, until January 1, 2008, the authorization of
DTSC to adopt regulations establishing alternative management
standards for a limited universe of hazardous wastes
including: a) electronic hazardous waste; b) hazardous waste
batteries; c) hazardous wastes containing mercury; and, d)
hazardous waste lamps. The authority lapsed January 1, 2003.
2)Amends DTSC's authorization to adopt regulations establishing
alternative management standards for lead-painted wood debris
that is a hazardous waste to lead-based painted debris that is
a hazardous waste.
The Senate amendments amend DTSC's authorization to adopt
regulations establishing alternative management standards for
lead-painted wood debris that is a hazardous waste to lead-based
painted debris that is a hazardous waste.
AS PASSED BY THE ASSEMBLY , this bill re-established, until
January 1, 2008, the authorization of DTSC to adopt regulations
establishing alternative management standards for a limited
universe of hazardous wastes including: 1) electronic hazardous
waste; 2) hazardous waste batteries; 3) hazardous wastes
containing mercury; 4) hazardous waste lamps; and, 5) lead-based
wood debris that is a hazardous waste.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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1)Negligible, if any, costs to DTSC to re-establish authority to
adopt regulations within the department's overall regulatory
structure. [Hazardous Waste Control Account (HWCA).]
2)Potential minor costs and savings to DTSC to the extent that
this re-established authority is used by the department to
adopt regulations to that provide alternative management
standards for additional hazardous wastes. (HWCA.)
COMMENTS : DTSC administers the state's hazardous waste
management program, which is governed by the Hazardous Waste
Control Law. DTSC's ability to tailor regulatory standards to
specific hazardous wastes and activities is limited by numerous
specific hazardous waste management requirements contained in
the Hazardous Waste Control Law.
From 1997 through 2002, DTSC had temporary authority to
establish alternative hazardous waste management standards.
DTSC used this authority to provide alternatives to requirements
concerning recordkeeping and reporting, hazardous waste
transporter registration, and permitting requirements for
collection points that temporarily store certain hazardous
wastes. The purpose of DTSC's universal waste regulations is to
encourage and facilitate, through streamlined management
standards, safe collection, recycling, and disposal of a limited
number of hazardous wastes. This authority expired on January
1, 2003, which prevents DTSC from adding to or modifying its
universal waste regulations.
The Senate amendments expand DTSC's authorization to adopt
regulations establishing alternative management standards for
lead-based painted wood debris to apply to lead-based painted
debris. According to DTSC, a lot of abatement projects that
have lead-based painted wood debris also have other materials
painted with lead-based paint that are removed as well such as
wall boards and metal items (i.e., piping). This amendment
allows debris that is created together to be managed together.
Analysis Prepared by : Joanne Wong / E.S. & T.M. / (916)
319-3965
FN:
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