Senate Bill No. 1249

Introduced by Senator Hill

February 20, 2014

An act to repeal and add Section 25143.6 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 1249, as introduced, Hill. Hazardous waste: shredder waste.

(1) Existing law requires hazardous waste to be managed in accordance with the hazardous waste control laws and authorizes the Department of Toxic Substances Control to grant a variance from those requirements, pursuant to a specified procedure. The hazardous waste control laws also require specified California regional water quality control boards to prepare, by February 15, 1988, a list of class III landfills authorized to accept and dispose of shredder waste. A violation of the hazardous waste control laws, including a regulation adopted pursuant to those laws, is a crime.

This bill would repeal the provision requiring the regional boards to prepare that list and would instead require the department, notwithstanding that variance procedure, to adopt regulations to require shredder waste that is derived from automobiles, as specified, to be managed in accordance with the hazardous waste control laws. Since a violation of those regulations would be a crime, the bill would impose a state-mandated local program.

(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 a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25143.6 of the Health and Safety Code
is repealed.

begin delete

25143.6.  

On or before February 15, 1988, the following
California regional water quality control boards shall prepare a
list of class III landfills, as specified in Section 2533 of Title 23
of the California Administrative Code, including at least one
landfill in each specified water quality control region which is
authorized to accept and dispose of shredder waste in accordance
with State Water Resources Control Board Resolution No. 87-22:
San Francisco Bay Region, Central Valley Region, Los Angeles
Region, Santa Ana Region, and San Diego Region.

end delete

SEC. 2.  

Section 25143.6 is added to the Health and Safety
Code, to read:

25143.6.  

(a) Notwithstanding any other provision of this
chapter, including Section 25143, the department shall adopt
regulations that require shredder waste that is derived from
automobiles to be managed in accordance with this chapter.

(b) For purposes of this section, shredder waste that is derived
from automobiles includes, but is not limited to, the glass, fiber,
rubber, automobile liquids, plastics, wood products, cloth, paper,
foam, dirt, and electrical wiring that remain after an automobile
is shredded and all metals have been removed.

SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only 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 XIII B of the California
Constitution.