Bill Text

PDF |Add To My Favorites |Track Bill | print page

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

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 09/12/2019 09:00 PM
AB733:v97#DOCUMENT

Enrolled  September 12, 2019
Passed  IN  Senate  September 09, 2019
Passed  IN  Assembly  May 23, 2019
Amended  IN  Assembly  May 16, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 733


Introduced by Assembly Member Quirk

February 19, 2019


An act to amend Section 25141 of the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 733, Quirk. Hazardous waste: identification: testing.
Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. Existing law requires the department to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.
This bill would require the department, subject to an appropriation by the Legislature, to, within 5 years of the appropriation, review its acute toxicity criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes and evaluate whether or not there are any alternative test methods that avoid the use of live vertebrate fish and that meet the requirements of the hazardous waste control laws. The bill would require the department, if it identifies an alternative test method, to update its regulations to authorize the alternative test method as an optional test method for the identification of hazardous wastes and extremely hazardous wastes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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 as hazardous waste that, because of the quantity, concentration, or physical, chemical, or infectious 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.