Amended in Senate April 21, 2014

Senate Bill No. 1362

Introduced by Senator Correa

February 21, 2014

begin delete An act to amend Section 21041 of the Public Contract Code, relating to public contracts. end delete begin insert An act to amend Section 25113 of the Health and Safety Code, relating to hazardous waste. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1362, as amended, Correa. begin delete Public contracts: Orange County Water District. end delete begin insert Hazardous waste: disposal: exemption. end insert

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Existing law prohibits the management of hazardous waste except in accordance with the hazardous waste control laws and prohibits the disposal of hazardous waste except at a disposal site or at a facility of an owner or operator who holds a valid hazardous waste facilities permit or other grant of authorization from the Department of Toxic Substances Control to use and operate the site or facility. Existing law defines the term “disposal” for purposes of the hazardous waste control laws as including the discharge, deposit, injection, dumping, spilling, leaking, or placing of a waste into or on any land.

end insert begin insert

This bill would exclude, from the definition of the term “disposal” under those laws, the onsite movement of soil at an active outdoor sport shooting range, as defined, if this movement is done to facilitate the removal and recycling of spent ammunition materials existing on the site as a result of the normal use of the shooting range and the residual soil is replaced within the area from which it was originally removed.

end insert begin delete

Existing law governs the contracts of the Orange County Water District as provided in a specified statute and further provides that the district is not bound by any contract unless the same is made in writing approved by a resolution of the board of directors and properly executed by its officers who have been authorized to do so.

end delete begin delete

This bill would make technical, nonsubstantive changes in that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) The current regulatory framework of the Department of
Toxic Substances Control does not allow active outdoor shooting
ranges to remove and recycle spent ammunition in soil after the
spent ammunition materials, including casings or projectiles, have
been recovered from the residual soil for recycling, unless that
residual soil is managed as a hazardous waste.

end insert begin insert

(b) The state’s current regulations applicable to recycling spent
ammunition at active outdoor shooting ranges do not incorporate
the United States Environmental Protection Agency’s “Military
Munitions Rule,” as applicable to nonmilitary ranges pursuant to
the guidance document “Best Management Practices for Lead at
Outdoor Shooting Ranges,” which does not consider as disposal
the replacement of residual soil on active shooting ranges after
recovering and recycling the spent ammunition from it.

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(c) The additional cost of managing the residual soil as
hazardous waste is a significant financial burden on active outdoor
shooting ranges and may result in a disincentive to actively
implement best management practices endorsed by the United
States Environmental Protection Agency, including the
management of spent ammunition by means of recovering and
recycling the spent ammunition at active outdoor shooting ranges.

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begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25113 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25113.  

(a)  begin insert (1) end insert begin insert   end insert “Disposal” means either of the following:

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(1)

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begin insert (A) end insert  The discharge, deposit, injection, dumping, spilling, leaking,
or placing of any waste so that the waste or any constituent of the
waste is or may be emitted into the air or discharged into or on
any land or waters, including groundwaters, or may otherwise
enter the environment.

begin delete

(2)

end delete

begin insert (B) end insert  The abandonment of any waste.

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(2) (A) “Disposal” does not include the onsite movement of
soil at an active outdoor sport shooting range if this movement is
done to facilitate the removal and recycling of spent ammunition
materials existing on the site as a result of the normal use of the
shooting range and the residual soil is replaced within the area
from which it was originally removed.

end insert begin insert

(3) For purposes of this section, “sport shooting range” has
the same meaning as in paragraph (2) of subdivision (a) of Section
3482.1 of the Civil Code.

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(b) The amendment of begin delete the end delete begin insert this end insert section begin delete made at end delete begin insert by Section 2 of
Chapter 1436 of end insert the begin delete 1989-90 Regular Session end delete begin insert Statutes end insert of begin delete the
Legislature end delete begin insert 1989 end insert does not constitute a change in, but is declaratory
of, the existing law.

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SECTION 1.  

Section 21041 of the Public Contract Code is
amended to read:

21041.  

The district shall not be bound by any contract except
as hereinafter provided unless the same shall be made in writing
approved by resolution of the board of directors and properly
executed by its officers who have been so authorized to do so by
the district. The approval of the form of all contracts shall be
endorsed thereon by an attorney for the district.

end delete