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AB-318 Hazardous waste: classification: green waste.(2021-2022)

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Date Published: 04/20/2021 09:00 PM
AB318:v96#DOCUMENT

Revised  April 21, 2021
Amended  IN  Assembly  April 20, 2021
Amended  IN  Assembly  April 13, 2021
Amended  IN  Assembly  March 09, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 318


Introduced by Assembly Member Levine
(Coauthors: Assembly Members Mathis and Smith)

January 26, 2021


An act to add Section 25141.4 25142.6 to the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 318, as amended, Levine. Hazardous waste: classification: exclusions: organic green waste.
The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to list and to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law requires the department, when identifying such wastes, to consider the immediate or persistent toxic effects to man and wildlife and the resistance to natural degradation or detoxification of the wastes. Existing law exempts certain kinds of waste from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.
Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, also known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law requires the Department of Toxic Substances Control to develop and implement a comprehensive training, education, and enforcement program for, among others, certified unified program agencies to increase awareness of the requirements governing the determination on whether a waste is hazardous, as specified.
The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires the department to identify and recommend actions to encourage the continued viability of the state’s organic waste processing and recycling infrastructure, in partnership with specified agencies, including the Department of Food and Agriculture, as provided. The act defines “organic waste” for its purposes to mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
This bill would require, on or before January 1, 2023, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, to provide guidance to certified unified program agencies on how to characterize green waste, as defined, under the hazardous waste control laws and regulations.

The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law exempts certain kinds of waste, including, among other things, wood waste, as defined, from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.

This bill would exclude from classification as a hazardous waste organic waste, as defined, that would be classified as hazardous solely because it exhibits a characteristic of toxicity, as specified. The bill would require that organic waste is to be managed in a permitted compostable materials handling operation or facility, as defined, in accordance with a cannabis waste management plan, in a permitted facility using biomass conversion, as defined, in a permitted class I, II, or III disposal unit, in a permitted solid waste facility, as defined, or in any other manner allowed by law, as specified. Because disposal of organic waste in violation of this requirement would be a crime, the bill would impose a state-mandated local 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   Local Program: YESNO  

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


SECTION 1.

 Section 25142.6 is added to the Health and Safety Code, to read:

25142.6.
 (a) For purposes of this section, “green waste” means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material.
(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste under this chapter and regulations adopted pursuant to this chapter.

SECTION 1.Section 25141.4 is added to the Health and Safety Code, to read:
25141.4.

(a)Organic waste that would be classified as hazardous solely because it exhibits a characteristic of toxicity, as described in Section 66261.24 of Title 22 of the California Code of Regulations shall be excluded from classification as a hazardous waste for purposes of this chapter.

(b)Organic waste that meets the description in subdivision (a) shall be managed in any of the following ways:

(1)In a permitted compostable materials handling operation or facility, as defined in paragraph (12) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations, or any successor regulation.

(2)In accordance with Section 8108 of Title 3 of the California Code of Regulations, or any successor regulation.

(3)In a permitted facility using any type of biomass conversion, as defined in Section 40106 of the Public Resources Code.

(4)In a permitted class I, II, or III disposal unit, pursuant to Section 2531 of Title 23 or Section 20250 or 20260 of Title 27 of the California Code of Regulations, or any successor regulations.

(5)In a permitted solid waste facility, as defined in Section 40194 of the Public Resources Code.

(6)In any other manner allowed by any applicable regulation or law.

(c)For purposes of this section, “organic waste” means organic waste, as defined in Section 42649.8 of the Public Resources Code.

SEC. 2.

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.

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REVISIONS:
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