Today's Law As Amended

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AB-733 Hazardous waste: identification: testing. (2019-2020)



SECTION 1.

 Section 25141 of the Health and Safety Code is amended to read:

25141.
 (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.
(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following,  waste  as hazardous waste that,  because of its the  quantity, concentration, or physical, chemical, or infectious characteristics:  characteristics of the waste, may do either of the following: 
(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.
(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 1995–96 Regular Session of the Legislature.
(d) (1) Subject to an appropriation by the Legislature for purposes of this subdivision, the department shall, within five years of the appropriation, review its acute toxicity criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes pursuant to subdivision (a) and shall evaluate whether or not there are any alternative test methods that avoid the use of live vertebrate fish and that meet the requirements of this chapter. If the department identifies an alternative test method pursuant to this subdivision, the department shall update its regulations to authorize the alternative test method as an optional test method for the identification of hazardous wastes and extremely hazardous wastes.
(2) To the extent that applicable data, methods, or other materials are available, the department shall use existing data, methods, and other materials in carrying out the requirements of paragraph (1).
(3) After the department finishes implementing the provisions of paragraph (1), any unused funds appropriated for purposes of paragraph (1) shall revert to and become a part of the fund from which the appropriation was made, pursuant to Section 16304.1 of the Government Code.