California 2013-2014 Regular Session Status: Enacted

SB 1249 — Hazardous waste: shredder waste.

Last action — Chaptered by Secretary of State. Chapter 756, Statutes of 2014.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 20, 2014. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The California Integrated Waste Management Act of 1989 requires materials that require special handling, as defined, to be removed from major appliances and vehicles in which they are contained before crushing for transport or transferring to a baler or shredder for recycling. The hazardous waste control laws prohibit a person who is not a certified appliance recycler from removing materials that require special handling from major appliances and imposes specified requirements regarding transporting, delivering, or selling discarded major appliances to a scrap recycling facility. The Department of Toxic Substances Control is authorized to grant a variance from the requirements of the hazardous waste control laws, under specified conditions and if the department makes one of specified findings. A violation of the hazardous waste control laws is a crime. This bill would authorize, until January 1, 2018, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, to adopt regulations establishing alternative management standards for metal shredding facilities for hazardous waste management activities within the jurisdiction of the Department of Toxic Substances Control, that would apply in lieu of the hazardous waste management standards if the department performs specified actions. The bill would include among those department actions preparing a preliminary analysis and a final analysis evaluating the hazardous waste management activities to which the alternative management standards would apply. The bill would require the department to provide notice that it proposes to adopt alternative management standards. The bill would prohibit the department from adopting alternative management standards that are less stringent than applicable standards under federal law. The bill would require the disposal of treated metal shredder waste to be regulated pursuant to the hazardous waste control laws, unless the department adopts those alternative management standards, and would authorize treated metal shredder waste to be used at a specified type of disposal unit as alternative daily cover or for beneficial reuse or placed in that specified type of disposal unit, if the alternative management standards result in the treated metal shredder waste being classified as nonhazardous waste. The bill would require the department to complete the analysis of the hazardous waste management activities and the subsequent regulatory action before January 1, 2018, and would make all hazardous waste classifications and policies, procedures, or guidance issued by the department before January 1, 2014, relating to metal shredder waste or treated metal shredder waste inoperative on January 1, 2018, if the department has completed that analysis and either rescinds the conditional nonhazardous waste classification of that waste or adopts alternative management standards pursuant to this bill. Because a violation of these requirements would be a crime, this bill would impose a state-mandated local program. The bill would authorize the department to collect an annual fee from metal shredding facilities and would require the department to establish and adopt regulations necessary to administer the fee and to establish a fee schedule at a rate sufficient to cover the costs of the department to implement these provisions. The bill would establish a separate subaccount in the Hazardous Waste Control Account, and would require that the fees be deposited into the subaccount, to be available upon appropriation by the Legislature. The bill would exempt a metal shredder facility which pays this annual fee from certain hazardous waste control law fees as those fees pertain to metal shredding activities and the generation, handling, management, transportation, and disposal of metal shredder waste. (2) Existing law provides that, in general, regulations shall be adopted pursuant to the Administrative Procedure Act. Existing law requires emergency regulations be approved by the Office of Administrative Law and prohibits an emergency regulation from being in effect more than 180 days unless certain procedures are followed. The bill would authorize a regulation adopted pursuant to the above-described fee provisions to be adopted as an emergency regulation, as specified. The bill would require that such an emergency regulation be filed with, but not be repealed by, the Office of Administrative Law, and would require that the regulation remain in effect for 2 years or until revised by the department, whichever occurs sooner. (3) Existing law, on or before February 15, 1988, required specified regional water quality control boards to prepare a list of specified types of landfills that are authorized to accept and dispose of shredder waste. This bill would repeal this provision. (4) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 756, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Assembly amendments concurred in. (Ayes 23. Noes 9. Page 4940.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 61. Noes 16. Page 6574.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 6345.)

  9. Ordered to third reading.

  10. Action rescinded whereby the bill was read third time, passed, and orded to the Senate.

  11. In Assembly. Held at Desk.

  12. Ordered to the Assembly.

  13. In Senate. Concurrence in Assembly amendments pending.

  14. Read third time. Passed. (Ayes 67. Noes 3. Page 6167.) Ordered to the Senate.

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 12. Noes 1.) (August 14).

  17. Joint Rule 62(a) file notice suspended. (Page 5998.)

  18. Set, first hearing. Referred to APPR. suspense file.

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  20. Read second time and amended. Re-referred to Com. on APPR.

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 17).

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S. & T.M.

  23. Referred to Com. on E.S. & T.M.

  24. In Assembly. Read first time. Held at Desk.

  25. Read third time. Passed. (Ayes 23. Noes 12. Page 3659.) Ordered to the Assembly.

  26. Read second time and amended. Ordered to third reading.

  27. From committee: Do pass as amended. (Ayes 4. Noes 2. Page 3713.) (May 23).

  28. Set for hearing May 23.

  29. Placed on APPR. suspense file.

  30. Set for hearing May 12.

  31. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3341.) (April 30). Re-referred to Com. on APPR.

  32. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.

  33. Set for hearing April 30.

  34. Referred to Com. on E.Q.

  35. From printer. May be acted upon on or after March 23.

  36. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Hill

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1249 Hill Concurrence

Passed 23 Yea · 9 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 21907
Democratic 2001
Total 23908
% of votes cast 58%23%0%20%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Yea
Knight — Nay
Lara — Yea
Liu — Yea
Nielsen — Nay
Roth — Not Voting
Wolk — Yea
Evans — Not Voting
Hueso — Yea
Mitchell — Yea
Leno — Yea
Lieu — Yea
Steinberg — Yea
Torres — Yea
Hill — Yea
Monning — Yea
Cannella — Yea
Corbett — Yea
Morrell — Nay
Pavley — Yea
Vidak — Nay
Wright — Not Voting
De León — Not Voting
Fuller — Nay
Galgiani — Not Voting
Correa — Not Voting
Huff — Nay
Walters — Nay
Wyland — Yea
DeSaulnier — Yea
Yee — Not Voting
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 1249 Hill Senate Third Reading By ALEJO

Passed 61 Yea · 16 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 551502
Democratic 4000
Republican 2100
Total 611602
% of votes cast 77%20%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Linder — Yea
Maienschein — Yea
Mansoor — Nay
Pan — Yea
Quirk — Yea
Rendon — Yea
Wagner — Nay
Weber — Yea
Wieckowski — Yea
Williams — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Hall — Yea
Lowenthal — Yea
Holden — Yea
Garcia — Yea
Jones-Sawyer — Yea
Gray — Yea
Atkins — Yea
Levine — Yea
Fong — Yea
Campos — Yea
Dababneh — Yea
Bonilla — Yea
Medina — Yea
Melendez — Yea
Daly — Yea
Eggman — Yea
Nazarian — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Skinner — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Chau — Yea
Gorell — Not Voting
Allen — Nay
Hagman — Nay
Logue — Nay
Chesbro — Yea
Mullin — Yea
Chávez — Nay
Conway — Nay
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Nestande — Yea
Olsen — Nay
Perea — Yea
Ting — Yea
Waldron — Nay
Wilk — Nay
Fox — Nay
Frazier — Yea
Yamada — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

SB 1249 Hill Senate Third Reading By ALEJO

Passed 67 Yea · 3 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 62208
Democratic 4000
Republican 1101
Total 67309
% of votes cast 85%4%0%11%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bigelow — Not Voting
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Not Voting
Maienschein — Yea
Mullin — Yea
Nestande — Yea
Rodriguez — Yea
Wagner — Not Voting
Wieckowski — Yea
Daly — Yea
Lowenthal — Yea
Garcia — Yea
Gatto — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gorell — Yea
Hall — Yea
Harkey — Nay
Holden — Yea
Levine — Yea
Bocanegra — Yea
Logue — Yea
John A. Pérez — Yea
Medina — Yea
Salas — Yea
Melendez — Not Voting
Chesbro — Yea
Nazarian — Yea
Allen — Nay
Olsen — Yea
Alejo — Yea
Bloom — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dababneh — Yea
Donnelly — Not Voting
Eggman — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Skinner — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Mansoor — Not Voting
Dickinson — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gomez — Not Voting
Gordon — Yea
Hagman — Yea
Beth Gaines — Not Voting
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 12 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 11103
Democratic 1000
Republican 0001
Total 12104
% of votes cast 71%6%0%24%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bradford — Yea
Holden — Yea
Pan — Yea
Wagner — Not Voting
Gomez — Yea
Bocanegra — Yea
Linder — Not Voting
Quirk — Yea
Campos — Yea
Eggman — Yea
Ridley-Thomas — Yea
Weber — Yea
Donnelly — Not Voting
Gatto — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Not Voting

Official roll call →

3rd Reading

Passed 23 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 211204
Democratic 2001
Total 231205
% of votes cast 58%30%0%13%
How each member voted (40)
Member Party Vote
Beall — Yea
Block — Yea
Hernandez — Yea
Hueso — Yea
Knight — Nay
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Wright — Not Voting
Correa — Yea
Evans — Yea
Fuller — Nay
Galgiani — Not Voting
Cannella — Nay
Hancock — Yea
Wyland — Nay
Hill — Yea
Mitchell — Yea
De León — Yea
Huff — Nay
Lara — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Anderson — Nay
Corbett — Yea
Morrell — Nay
Nielsen — Nay
Roth — Not Voting
Torres — Yea
Vidak — Nay
Walters — Nay
Wolk — Yea
DeSaulnier — Yea
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3201
Democratic 1000
Total 4201
% of votes cast 57%29%0%14%
How each member voted (7)
Member Party Vote
Lara — Not Voting
Steinberg — Yea
De León — Yea
Hill — Yea
Walters — Nay
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

environment labor
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Frequently asked questions

What does SB 1249 do?
(1) The California Integrated Waste Management Act of 1989 requires materials that require special handling, as defined, to be removed from major appliances and vehicles in which they are contained before crushing for transport or transferring to a baler or shredder for recycling. The hazardous waste control laws prohibit a person who is not a certified appliance recycler from removing materials that require special handling from major appliances and imposes specified requirements regarding transporting, delivering, or selling discarded major appliances to a scrap recycling facility. The Department of Toxic Substances Control is authorized to grant a variance from the requirements of the hazardous waste control laws, under specified conditions and if the department makes one of specified findings. A violation of the hazardous waste control laws is a crime. This bill would authorize, until January 1, 2018, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, to adopt regulations establishing alternative management standards for metal shredding facilities for hazardous waste management activities within the jurisdiction of the Department of Toxic Substances Control, that would apply in lieu of the hazardous waste management standards if the department performs specified actions. The bill would include among those department actions preparing a preliminary analysis and a final analysis evaluating the hazardous waste management activities to which the alternative management standards would apply. The bill would require the department to provide notice that it proposes to adopt alternative management standards. The bill would prohibit the department from adopting alternative management standards that are less stringent than applicable standards under federal law. The bill would require the disposal of treated metal shredder waste to be regulated pursuant to the hazardous waste control laws, unless the department adopts those alternative management standards, and would authorize treated metal shredder waste to be used at a specified type of disposal unit as alternative daily cover or for beneficial reuse or placed in that specified type of disposal unit, if the alternative management standards result in the treated metal shredder waste being classified as nonhazardous waste. The bill would require the department to complete the analysis of the hazardous waste management activities and the subsequent regulatory action before January 1, 2018, and would make all hazardous waste classifications and policies, procedures, or guidance issued by the department before January 1, 2014, relating to metal shredder waste or treated metal shredder waste inoperative on January 1, 2018, if the department has completed that analysis and either rescinds the conditional nonhazardous waste classification of that waste or adopts alternative management standards pursuant to this bill. Because a violation of these requirements would be a crime, this bill would impose a state-mandated local program. The bill would authorize the department to collect an annual fee from metal shredding facilities and would require the department to establish and adopt regulations necessary to administer the fee and to establish a fee schedule at a rate sufficient to cover the costs of the department to implement these provisions. The bill would establish a separate subaccount in the Hazardous Waste Control Account, and would require that the fees be deposited into the subaccount, to be available upon appropriation by the Legislature. The bill would exempt a metal shredder facility which pays this annual fee from certain hazardous waste control law fees as those fees pertain to metal shredding activities and the generation, handling, management, transportation, and disposal of metal shredder waste. (2) Existing law provides that, in general, regulations shall be adopted pursuant to the Administrative Procedure Act. Existing law requires emergency regulations be approved by the Office of Administrative Law and prohibits an emergency regulation from being in effect more than 180 days unless certain procedures are followed. The bill would authorize a regulation adopted pursuant to the above-described fee provisions to be adopted as an emergency regulation, as specified. The bill would require that such an emergency regulation be filed with, but not be repealed by, the Office of Administrative Law, and would require that the regulation remain in effect for 2 years or until revised by the department, whichever occurs sooner. (3) Existing law, on or before February 15, 1988, required specified regional water quality control boards to prepare a list of specified types of landfills that are authorized to accept and dispose of shredder waste. This bill would repeal this provision. (4) 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.
Who sponsors SB 1249?
SB 1249 is sponsored by Hill.
What is the current status of SB 1249?
This bill has been enacted into law. Introduced February 20, 2014. Enacted.
Where can I track SB 1249?
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