Bill Text: CA AB1329 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 1329 (Prior Session Legislation)

Bill Title: Hazardous waste.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-10-05 - Chaptered by Secretary of State - Chapter 598, Statutes of 2013. [AB1329 Detail]

Download: California-2013-AB1329-Chaptered.html

BILL NUMBER: AB 1329	CHAPTERED
	BILL TEXT

	CHAPTER  598
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2013
	APPROVED BY GOVERNOR  OCTOBER 5, 2013
	PASSED THE SENATE  SEPTEMBER 3, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN SENATE  JUNE 27, 2013
	AMENDED IN ASSEMBLY  MAY 7, 2013
	AMENDED IN ASSEMBLY  APRIL 24, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member V. Manuel P�rez
   (Principal coauthor: Assembly Member Alejo)

                        FEBRUARY 22, 2013

   An act to amend Section 25162 of, and to add Section 25180.2 to,
the Health and Safety Code, relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1329, V. Manuel P�rez. Hazardous waste.
   (1) Existing law requires the Department of Toxic Substances
Control to enforce the standards in the hazardous waste control laws
and the regulations adopted to implement those laws. A violation of
the hazardous waste control laws is a crime.
   This bill would require the department to prioritize an
enforcement action affecting communities that have been identified by
the California Environmental Protection Agency as being the most
impacted environmental justice communities.
   (2) Existing law prohibits a person from transporting hazardous
waste, as specified, if the final destination of the transported
hazardous waste is in a state other than this state or in a territory
of the United States, unless the facility is issued a permit
pursuant to the federal Resource Conservation and Recovery Act of
1976 or the facility is authorized by the state to accept that waste.

   This bill would instead prohibit a person from transporting
hazardous waste, as specified, if the final destination of the
transported hazardous waste is a domestic facility outside the
jurisdiction of the state unless certain conditions apply to the
facility, including whether the facility is subject to a cooperative
agreement, as specified. By expanding the scope of a crime, this bill
would impose a state-mandated local program.
   (3) 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.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) California's public health and environmental protection
programs, policies, and activities should be conducted in a manner
that promotes equity and affords fair treatment, accessibility, and
protection for all residents, regardless of race, age, culture,
income, or geographic location.
   (b) To that end, the California Environmental Protection Agency
has worked for a decade to develop and implement an environmental
justice initiative that ensures fair and equitable environmental
policies for all residents.
   (c) Through that initiative, the California Environmental
Protection Agency has worked to identify those communities that are
most impacted by pollution and environmental contamination.
   (d) California needs to provide the greatest level of attention
and protection to those communities that are at the greatest risk
from those impacts.
  SEC. 2.  Section 25180.2 is added to the Health and Safety Code, to
read:
   25180.2.  The department shall prioritize an enforcement action
authorized by this chapter affecting communities that have been
identified by the California Environmental Protection Agency as being
the most impacted environmental justice communities.
  SEC. 3.  Section 25162 of the Health and Safety Code is amended to
read:
   25162.  (a) A person shall not transport hazardous waste on the
highways of this state, or deliver to a railroad or vessel hazardous
waste for transport if the final destination of the transported
hazardous waste is a domestic facility outside the jurisdiction of
the state, unless one of the following applies:
   (1) The facility has been issued a permit pursuant to subsection
(c) or (g), or has been granted authority to operate pursuant to
subsection (e) of Section 3005 of the federal act (42 U.S.C. Sec.
6925) by either of the following:
   (A) The United States Environmental Protection Agency.
   (B) The state in which the facility is located, if the state has
authorization to operate a hazardous waste program pursuant to
Section 3006 of the federal act (42 U.S.C. Sec. 6926).
   (2) The facility is authorized by the state in which it is
located, pursuant to the applicable laws or regulations of that
state, to accept the transported hazardous waste for transfer,
handling, recycling, storage, treatment, or disposal.
   (3) The facility is subject to a cooperative agreement executed
pursuant to Section 25198.3.
   (b) A person shall not transport hazardous waste on the highways
of this state, or deliver to a railroad or vessel hazardous waste for
transport, if the final destination of the transported hazardous
waste is a facility that is located on a site that has been listed on
the National Priorities List established pursuant to Section 105 of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended (42 U.S.C. Sec. 9605(a)(8)(B)).
   (c) A person who knowingly transports or causes the transportation
of, or who reasonably should have known that the person was causing
the transportation of, hazardous waste in violation of subdivision
(a) or (b) shall, upon conviction, be subject to the penalties
specified in subdivision (a) of Section 25191.
   (d) A person who knowingly delivers, or arranges the delivery of,
hazardous waste to another person for transport in violation of
subdivision (a) or (b) shall, upon conviction, be subject to the
penalties specified in subdivision (a) of Section 25191.
   (e) A person shall not transport hazardous waste that is subject
to the requirements of Section 3017 of the federal act (42 U.S.C.
Sec. 6938) on the highways of this state or deliver to a railroad or
vessel any of this hazardous waste for transport, if the final
destination of the transported hazardous waste is a foreign country,
unless the shipment is in compliance with the applicable regulations
adopted pursuant to Section 25150.2 and either of the following
conditions is met:
   (1) A copy of the foreign country's written consent to receive the
hazardous waste, or a copy of the EPA Acknowledgement of Consent, as
defined in Section 262.51 of Title 40 of the Code of Federal
Regulations, is attached to the manifest required by this article.
   (2) The hazardous waste shipment is in compliance with the terms
of an international agreement between the United States and the
receiving foreign country, as provided in subsection (f) of Section
3017 of the federal act (42 U.S.C. Sec. 6938 (f)).
   (f) A person who knowingly violates, or who reasonably should have
known that the person was violating, subdivision (e) shall, upon
conviction, be subject to the penalties specified in subdivision (a)
of Section 25191.
  SEC. 4.  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.