Bill Text: CA AB2562 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 2562 (Prior Session Legislation)

Introduced

Bill Title: Hazardous material: landfill gas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-27 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2562 Detail]

Download: California-2009-AB2562-Introduced.html

BILL NUMBER: AB 2562	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 19, 2010

   An act to amend Sections 25420 and 25421 of the Health and Safety
Code, relating to hazardous materials.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2562, as introduced, Fuentes. Hazardous material: landfill gas.

   Existing law requires the Public Utilities Commission to specify
the maximum amount of vinyl chloride that may be found in landfill
gas. Existing law prohibits a gas producer from knowingly selling,
supplying, or transporting to a gas corporation, and a gas
corporation from knowingly purchasing, landfill gas containing vinyl
chloride in a concentration exceeding the maximum amount determined
by the commission. Existing law requires a person who produces,
sells, supplies, or releases landfill gas for sale offsite to a gas
corporation to sample and test, bimonthly, the gas at the point of
distribution for chemicals known to the state to cause cancer or
reproductive toxicity.
   This bill would, on and after January 1, 2011, restrict the above
provisions to gas collected at a Class I landfill.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 25420 of the Health and Safety Code is amended
to read:
   25420.  For purposes of this chapter, the following definitions
apply: 
   (a) "Class I landfill" means a Class I waste management unit
classified pursuant to Section 13172 of the Water Code and Article 2
(commencing with Section 2520) of Chapter 15 of Division 3 of Title
23 of the California Code of Regulations.  
   (a)  
    (b)    "Department" means the Department of
Toxic Substances Control. 
   (b)  
    (c)    "Gas corporation" has the same meaning
as defined in Section 222 of the Public Utilities Code and is subject
to rate regulation by the Public Utilities Commission. 
   (c)  
    (d)    "Person" means an individual, trust,
firm, joint stock company, partnership, association, business
concern, limited liability company, or corporation. "Person" also
includes any city, county, district, and the state or any department
or agency thereof, or the federal government or any department or
agency thereof to the extent permitted by law.
  SEC. 2.  Section 25421 of the Health and Safety Code is amended to
read:
   25421.  (a) Until the rule or order specified in subdivision (b)
is adopted,  no   a  gas producer shall
 not  knowingly sell, supply, or transport  landfill
gas  to a gas corporation, and  no   a
 gas corporation shall  not  knowingly purchase
 landfill  ,   gas,  
collected at a Class I landfill  if that gas contains vinyl
chloride in a concentration that exceeds the operative no significant
risk level set forth in  Article 7 (commencing with Section
12701) of Chapter 3 of Division 2   Section 25705 
of Title  22   27  of the California Code
of Regulations.
   (b) On or before January 1, 1990, the Public Utilities Commission
shall, by rule or order, specify the maximum amount of vinyl chloride
that may be found in landfill gas pursuant to the requirements of
subdivision (a).
   (c)  No   On or after January 1, 2011, a
 gas corporation shall  not  knowingly and
intentionally expose any customer, employee, or other person to gas
 from   collected at  a  Class I 
landfill if that gas contains any chemical known to the state to
cause cancer or reproductive toxicity without first giving clear and
reasonable warning to that individual, except as provided by Section
25249.10.
   (d) Every person who produces, sells, supplies, or releases
 landfill  gas  collected at a Class I landfill
 for sale offsite to a gas corporation shall, twice each month,
sample and test the gas at the point of distribution for the presence
of chemicals known to the state to cause cancer or reproductive
toxicity in accordance with the test guidelines prepared under
Section 41805.5. The air pollution control district or air quality
management district within which the landfill is situated shall
review the testing procedures for compliance with the guidelines and
require the correction of any deficiencies. The district shall
require, among other things, that the gas  collected at a Class I
landfill  be analyzed by a laboratory certified by the
department and shall transmit the results of the analysis to the
department for its determination of compliance or noncompliance with
subdivisions (a) and (b). The department shall fix and impose upon
the gas producer a fee to cover its costs under this subdivision. The
results of each sample and test shall be reported promptly to the
gas corporation to which the landfill gas  collected at a Class I
landfill  is sold, and any person or public agency requesting a
copy of the report.
   (e)  Nothing in this   This  section
 prohibits   does not prohibit  the direct
delivery of landfill gas for the generation of electricity, the
production of steam, or other industrial application.
   (f) The gas corporation shall obtain the results of the test
conducted pursuant to subdivision (d) and shall  not 
purchase  no  gas  which  
collected at a Class I landfill that  the test shows  to
contain   contains  vinyl chloride that exceeds
the amount permitted in subdivision (a), or if the rule or order has
been adopted, as specified in subdivision (b).
   (g)  This   On and after January 1, 2011,
this  section applies only to  landfill  gas
 collected at a Class I landfill and  delivered to the
pipeline of a gas corporation.