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AB-909 Solid Waste Disposal and Codisposal Site Cleanup Program.(2023-2024)

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Date Published: 03/30/2023 09:00 PM
AB909:v98#DOCUMENT

Amended  IN  Assembly  March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 909


Introduced by Assembly Member Hoover

February 14, 2023


An act to amend Sections Section 48020 of the Public Resources Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 909, as amended, Hoover. Solid Waste Disposal and Codisposal Site Cleanup Program.
The Solid Waste Disposal and Codisposal Site Cleanup Program, administered by the Department of Resources, Resources Recycling and Recovery, pays for the cleanup of solid waste disposal sites and for the cleanup of solid waste at codisposal sites, as specified.
This bill would require would authorize the department, beginning July 1, 2024, and upon appropriation by the Legislature, to initiate a program to collect and properly manage illegally disposed hazardous waste and household hazardous waste, as defined, regardless of whether they were codisposed with nonhazardous solid waste. The bill would require the department to annually seek up to $500,000 from the Department of Toxic Substances Control in reimbursement for grants awarded and program costs incurred. The bill would also prohibit the department from expending funds from the Integrated Waste Management Fund for purposes of this program in excess of the amount reimbursed by the Department of Toxic Substances Control.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 48020 of the Public Resources Code, as amended by Section 121 of Chapter 258 of the Statutes of 2022, is amended to read:

48020.
 (a) For purposes of this article, the following terms have the following meaning: meanings:
(1) “Codisposal site” means a hazardous substance release site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code, where the disposal of hazardous substances, hazardous waste, and solid waste has occurred.
(2) “Hazardous waste” has the same meaning as defined in Section 25117 of the Health and Safety Code.
(3) “Household hazardous waste” has the same meaning as defined in Section 25218.1 of the Health and Safety Code.
(4) “Trust fund” means the Solid Waste Disposal Site Cleanup Trust Fund created pursuant to Section 48027.
(b) (1) The board department shall, on January 1, 1994, initiate a program for the cleanup of solid waste disposal sites and for the cleanup of solid waste at codisposal sites where the responsible party either cannot be identified or is unable or unwilling to pay for timely remediation, and where cleanup is needed to protect public health and safety or the environment.
(2) The board shall, upon appropriation by the Legislature, initiate a program to (A) Beginning July 1, 2024, the department, upon appropriation by the Legislature, may collect and properly manage illegally disposed hazardous waste and household hazardous waste, under this article, regardless of whether they were codisposed with nonhazardous solid waste. Collection, transportation, and disposal of hazardous waste and household hazardous waste shall be performed in accordance with applicable law.
(B) The department shall annually seek up to five hundred thousand dollars ($500,000) in reimbursement for grants awarded and program costs incurred pursuant to this paragraph from the Department of Toxic Substances Control.
(C) The department shall not expend funds from the Integrated Waste Management Fund for purposes of this paragraph in excess of the amount reimbursed by the Department of Toxic Substances Control.
(c) The board department shall not expend more than 5 percent of the funds appropriated for the purpose of a program initiated pursuant to subdivision (b) by a statute other than the Budget Act to administer that program, unless a different amount is otherwise appropriated to administer the program in the annual Budget Act. If a different amount is appropriated to administer the program in the annual Budget Act, it shall be set forth in a separate line item. All remaining funds appropriated for purposes of the program shall be expended on direct cleanup pursuant to subdivision (b) or emergency actions at solid waste facilities, disposal sites, sites involving solid waste handling, and for solid waste at codisposal sites.