Bill Text: CA AB868 | 2011-2012 | Regular Session | Amended
Bill Title: Pupil instruction: leadership classes.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB868 Detail]
Download: California-2011-AB868-Amended.html
BILL NUMBER: AB 868 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Davis
FEBRUARY 17, 2011
An act to amend Section 25163.3 of the Health and Safety
Code, Section 51810 of the Education Code,
relating to hazardous waste pupil instruction
.
LEGISLATIVE COUNSEL'S DIGEST
AB 868, as amended, Davis. Hazardous waste:
transportation. Pupil instruction: leadership classes.
Existing law authorizes the governing board of a school district
maintaining secondary schools to establish and maintain community
service classes in specified fields without the approval of the State
Department of Education. Existing law requires community service
classes to be designed to provide instruction and to contribute to
the physical, mental, moral, economic, or civic development of the
enrolled individuals or groups.
This bill would include leadership classes within the fields
designated as community service classes and would make several
technical, nonsubstantive changes.
Existing law provides that a person who initially collects
hazardous waste at a remote site and transports it to a consolidation
site operated by a generator and who complies with certain
notification requirements is exempt from specified manifest and
transporter registration requirements with regard to the hazardous
waste if specified conditions are met. One of those conditions is
that not more than 275 gallons or 2,500 pounds, whichever is greater,
of hazardous waste is transported in a single shipment, except that
a generator who is a public utility, local publicly owned utility, or
municipal utility district is authorized to transport a greater
amount, including in a single shipment up to 1,600 gallons of
hazardous wastewater from the dewatering of one or more utility
vaults.
This bill would revise that condition to increase the maximum
weight amount to 10,000 pounds and would increase the maximum gallon
hazardous wastewater exception amount from that dewatering to 5,000
gallons.
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 51810 of the
Education Code is amended to read:
51810. The governing board of any a
school district maintaining secondary schools is authorized
without the approval of the State Department of Education to
may establish and maintain , without the
approval of the department, community service classes in civic,
vocational, literacy, health, homemaking, technical , and
general education, including , but not limited to ,
classes in the fields of leadership, dance, music,
theatre, visual arts, handicraft, science, literature, nature study,
nature contacting, aquatic sports , and athletics. These
classes shall be designed to provide instruction and to contribute to
the physical, mental, moral, economic, or civic development of the
enrolled individuals or groups enrolled therein
.
SECTION 1. Section 25163.3 of the Health and
Safety Code is amended to read:
25163.3. A person who initially collects hazardous waste at a
remote site and transports that hazardous waste to a consolidation
site operated by the generator and who complies with the notification
requirements of subdivision (d) of Section 25110.10 shall be exempt
from the manifest and transporter registration requirements of
Sections 25160 and 25163 with regard to the hazardous waste if all of
the following conditions are met:
(a) The hazardous waste is a non-RCRA hazardous waste, or the
hazardous waste or its transportation is otherwise exempt from, or is
not otherwise regulated pursuant to, the federal act.
(b) The conditions and requirements of Section 25121.3 are met.
(c) The regulations adopted by the department pertaining to
personnel training requirements for generators are complied with for
all personnel handling the hazardous waste during transportation from
the remote site to the consolidation site.
(d) The hazardous waste is transported by employees of the
generator, by trained contractors under the control of the generator
in vehicles that are under the control of the generator, or by
registered hazardous waste transporters. The generator shall assume
liability for a spill of hazardous waste being transported under this
section by the generator or a contractor in a vehicle under the
control of the generator or contractor. This subdivision does not bar
an agreement to insure, hold harmless, or indemnify a party to the
agreement for any liability under this section or otherwise bar a
cause of action a generator would otherwise have against any other
party.
(e) The hazardous waste is not held at any interim location, other
than another remote site operated by the same generator, for more
than eight hours, unless that holding is required by other provisions
of law.
(f) Not more than 275 gallons or 10,000 pounds, whichever is
greater, of hazardous waste is transported in any single shipment,
except for the following:
(1) A generator who is a public utility, local publicly owned
utility, or municipal utility district may transport up to 5,000
gallons of hazardous wastewater from the dewatering of one or more
utility vaults, or up to 500 gallons of any other liquid hazardous
waste in a single shipment.
(2) A generator who is a public utility, local publicly owned
utility, or municipal utility district may transport up to 5,000
gallons of mineral oil from a transformer, circuit breakers, or
capacitors, owned by the generator, in a single shipment, if the oil
does not exhibit the characteristic of toxicity pursuant to the test
specified in subparagraph (B) of paragraph (2) of subdivision (a) of
Section 66261.24 of Title 22 of the California Code of Regulations.
(g) A shipping paper containing all of the following information
accompanies the hazardous waste while in transport, except as
provided in subdivision (h):
(1) A list of the hazardous wastes being transported.
(2) The type and number of containers being used to transport each
type of hazardous waste.
(3) The quantity, by weight or volume, of each type of hazardous
waste being transported.
(4) The physical state, such as solid, powder, liquid, semiliquid,
or gas, of each type of hazardous waste being transported.
(5) The location of the remote site where the hazardous waste is
initially collected.
(6) The location of any interim site where the hazardous waste is
held en route to the consolidation site.
(7) The name, address, and telephone number of the generator, and,
if different, the address and telephone number of the consolidation
site to which the hazardous waste is being transported.
(8) The name and telephone number of an emergency response
contact, for use in the event of a spill or other release.
(9) The name of the individual or individuals who transport the
hazardous waste from the remote site to the consolidation site.
(10) The date that the generator first begins to actively manage
the hazardous waste at the remote site, the date that the shipment
leaves the remote site where the hazardous waste is initially
collected, and the date that the shipment arrives at the
consolidation site.
(h) A shipping paper is not required if the total quantity of the
shipment does not exceed 10 pounds of hazardous waste, except that a
shipping paper is required to transport any quantity of extremely or
acutely hazardous waste.
(i) All shipments conform with all applicable requirements of the
United States Department of Transportation for hazardous materials
shipments.
