BILL ANALYSIS �
AB 1190
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1190 (Bloom)
As Amended July 1, 2013
Majority vote
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|ASSEMBLY: |69-3 |(May 29, 2013) |SENATE: |36-0 |(August 18, |
| | | | | |2014) |
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Original Committee Reference: E.S. & T.M.
SUMMARY : Exempts public utilities from hazardous waste
transport requirements when transporting up to 5,000 gallons of
hazardous wastewater under specified emergency situations.
The Senate amendments :
1)Specify that an exemption from hazardous waste transport
requirements for shipments of hazardous wastewater between
1,601 to 5,000 gallons is limited to shipments from a single
utility vault, and is only applicable in emergency situations,
as defined.
2)Define "emergency situation" as when a utility vault
dewatering necessitates immediate response to avoid
endangerment to public health, safety, or the environment
under one or more of the following circumstances:
a) When a vehicle hits infrastructure and knocks down a
transformer, subsequently spilling oil on a public area;
b) A spill occurs at or near a vault that renders the
contents potentially hazardous and the contents need to be
removed and decontaminated;
c) A spill occurs at or near a vault that renders the
contents potentially hazardous and rainwater flowing into
the vault threatens to cause an overflow;
d) Groundwater intrusion threatens the electrical equipment
inside the vault; and,
e) Heavy rain events threaten internal vault
infrastructure.
AB 1190
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EXISTING LAW :
1)Authorizes the Department of Toxic Substances Control (DTSC)
to regulate hazardous waste generation, transportation,
treatment, storage, and disposal pursuant to both the federal
Resource, Conservation & Recovery Act (RCRA) rules and to
additional state requirements.
2)Requires shipments of hazardous waste to be accompanied by a
hazardous waste manifest and be transported by a hazardous
waste hauler registered by DTSC (Health and Safety Code (HSC)
Sections 25160 and 25163).
3)Exempts shipments of hazardous waste from the manifest and
registered hauler requirements if the waste is transported
from a "remote site" to a "consolidation site," as defined,
operated by the generator; the transport of the waste is not
federally regulated; and, the generator meets specified
requirements relating to personnel, training, transport
vehicles, liability, shipping papers, and packaging (HSC
Section 25163.3).
4)Provides that an exempted shipment may not exceed 275 gallons
or 2,500 pounds, whichever is greater, except that public
utilities, local publicly owned utilities and municipal
utility districts may transport up to 1,600 gallons of
hazardous wastewater pumped from utility vaults and up to 500
gallons of other liquid hazardous wastes (HSC Section
25163.3).
AS PASSED BY THE ASSEMBLY , this bill exempted public utilities,
when transporting up to 5,000 gallons of wastewater in a single
shipment from a remote site to a consolidation site, from
hazardous waste transport requirements.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
Need for the bill: According to the author, this bill, "adjusts
the capacity requirements for non-RCRA hazardous waste
transportation by public utilities and local publicly owned
utilities to reflect the existing transport capacity.
AB 1190
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"Currently, the utility fleets travel with partial loads due to
requirements in statute. This results in unnecessary trips to
clear right-of-ways, vaults, or to perform regular maintenance,
increasing not just the amount of time that these trucks spend
on the road but also increasing road congestion, diesel
emissions and fuel consumption. It also slows down the process
of restoring service to ratepayers."
Transporting hazardous waste: In order to operate in
California, all hazardous waste transporters must be registered
with DTSC. Unless specifically exempted, hazardous waste
transporters must comply with the California Highway Patrol
Regulations, the California State Fire Marshal Regulations, and
the United States Department of Transportation Regulations.
In addition, hazardous waste transporters must comply with the
Hazardous Waste Control law (Division 20, Chapter 6.5, Article 6
and 13 of the California HSC) and DTSC regulations. Most
hazardous waste must be transported from hazardous waste
generators to permitted recycling, treatment, storage, or
disposal facilities by registered hazardous waste transporters,
and that most shipments must be accompanied by a hazardous waste
manifest.
This bill provides an exemption from these transport
requirements for public utilities facing an emergency situation.
Hazardous wastewater: A hazardous waste exhibits one or more of
the following properties: it can ignite, be corrosive, explode,
or prove toxic to living organisms. Many wastes are listed by
name in federal law or state regulation and some must be tested
to determine if the waste is hazardous.
Analysis Prepared by : Paige Brokaw / E.S. & T.M. / (916)
319-3965 FN:
0004245