BILL NUMBER: AB 1776 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Obernolte
FEBRUARY 3, 2016
An act to amend Section 25113 of of, and
to add Section 25150.88 to, the Health and Safety Code,
relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1776, as amended, Obernolte. Hazardous waste: disposal:
exemption.
Existing law provides for the regulation of hazardous waste by the
Department of Toxic Substances Control and makes a declaration of
legislative intent regarding that regulation and maintaining
authorization to administer a state program pursuant to the federal
Resource Conservation and Recovery Act of 1976.
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
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. A
violation of the state's hazardous waste control laws is a crime.
This bill would authorize the department to adopt regulations
to establish an alternate standard for the management of sport
shooting range hazardous waste. Since a violation of the
regulations adopted by the department would be a crime, the bill
would impose a state-mandated local program. Until the
department adopts those regulations, the bill, to the extent
that it would not jeopardize state administration of the state
hazardous waste program, 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, the activities at the shooting range are consistent
with a specified manual produced by the United States Environmental
Protection Agency, and the residual soil is replaced within the area
from which it was originally removed. The bill would require the
department to contact the United States Environmental Protection
Agency to ensure that this exclusion is consistent with the federal
Resource Conservation and Recovery Act and does not jeopardize the
ability of the state to administer the state hazardous waste program
in lieu of the federal program.
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: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25113 of the Health and Safety Code is amended
to read:
25113. (a) (1) "Disposal" means either of the following:
(A) 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.
(B) The abandonment of any waste.
(2) (A) To the extent that it would not
jeopardize the state's administration of the state hazardous waste
program pursuant to the federal act, "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, the activities at the shooting
range are consistent with the United States Environmental Protection
Agency's "Best Management Practices for Lead at Outdoor Shooting
Ranges" manual, and the residual soil is replaced within the area
from which it was originally removed.
(3)
( B) By July 1, 2017, the department shall
contact the United States Environmental Protection Agency to ensure
that the exclusion described in paragraph (2) is consistent with the
federal act and does not jeopardize the ability of the state to
administer the state hazardous waste program in lieu of the federal
program pursuant to Section 3006 of the federal act (42 U.S.C. Sec.
6926).
(4)
( C) 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.
(D) This paragraph shall become inoperative when the department
adopts regulations pursuant to Section 25150.88.
(b) The amendment of this section by Section 2 of Chapter 1436 of
the Statutes of 1989 does not constitute a change in, but is
declaratory of, the existing law.
SEC. 2. Section 25150.88 is added to the
Health and Safety Code , to read:
25150.88. (a) The department may adopt regulations to establish
an alternate standard for the management of sport shooting range
hazardous waste 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.
(b) 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.
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.