BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2388
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2388 (Miller) - As Amended:  April 20, 2010 

          Policy Committee:                              Environmental  
          Safety and Toxic Materials                    Vote: 9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the Department of Toxic Substances Control  
          (DTSC), by July 1, 2011, to provide a method for the immediate  
          reactivation, by means of a wireless communication device, of a  
          suspended identification number of a hazardous waste generator.

           FISCAL EFFECT  

          1)One-time costs to DTSC in 2010-11 of an unknown amount, but at  
            least hundreds of thousands of dollars, to conduct a  
            feasibility analysis and develop the remote reactivation  
            system required by this bill (Hazardous Waste Control Account  
            (HWCA)).

          2)Ongoing annual costs in the tens of thousands of dollars to  
            maintain the remote reactivation system (HWCA).

           COMMENTS  

           1)Rationale  .  The bill's sponsor-the Independent Waste Oil  
            Collectors and Transporters-reports that, in some instances,  
            its members cannot transport hazardous waste.  This is because  
            the waste generator, many of whom generate small amounts of  
            hazardous waste or do so coincidentally to other business  
            activity, are unaware of the need for a generator to possess  
            an active California hazardous waste identification number or  
            of the need to renew such a number annually.  As a result, the  
            haulers must choose (a) to transport hazardous waste  
            illegally, because they cannot place the generator's ID number  
            on the manifest, or (b) to leave the waste in place, which may  
            represent public safety hazard. The sponsors contend this bill  








                                                                  AB 2388
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            provides a way for generators to quickly reactive their  
            identification numbers, thereby allowing haulers to transport  
            the waste to a secure collection site.

           2)Background  .  DTSC issues a California identification number  
            (ID) to businesses that generate, transport or dispose of  
            significant quantities of hazardous waste regulated by the  
            state of California. It is unlawful for any person to carry  
            on, or engage in, the transportation of these hazardous wastes  
            without a valid California ID, which must be renewed annually.  
             These California ID numbers, which must be included on any  
            manifest for transport of hazardous waste, allow DTSC to track  
            hazardous waste from its origin, during its transportation,  
            and at its final place of disposal.  

            DTSC deactivates California ID numbers that are not renewed  
            annually.  A holder of a deactivated California ID number can  
            apply for reactivation of his or her identification number.  
            However, it takes DTSC three to five business days to process  
            such reactivation requests.

           3)Support  .  This bill is supported by several hazardous waste  
            hauling businesses.

           4)There is no registered opposition to this bill  .

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081