Bill Text: CA AB1597 | 2019-2020 | Regular Session | Introduced
Bill Title: Hazardous waste: transportation: electronic manifests.
Spectrum: Committee Bill
Status: (Passed) 2019-07-30 - Chaptered by Secretary of State - Chapter 133, Statutes of 2019. [AB1597 Detail]
Download: California-2019-AB1597-Introduced.html
Assembly Bill | No. 1597 |
Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Quirk (Chair), Melendez (Vice Chair), Arambula, Bauer-Kahan, Cristina Garcia, Holden, Mathis, and Muratsuchi) |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 25123.3 of the Health and Safety Code is amended to read:25123.3.
(a) For purposes of this section, the following terms have the following meanings:SEC. 2.
Section 25160 of the Health and Safety Code is amended to read:25160.
(a) For purposes of this chapter, “manifest” means either of the(1)“Manifest” means a shipping document originated and signed by a generator of hazardous waste that contains all of the information required by the department and that complies with all applicable federal and state regulations.
(2)“California Uniform Hazardous Waste Manifest” means either of the following:
(A)A manifest document printed and supplied by the state for a shipment initiated on or before September 4, 2006.
(B)
(3)For purposes
(A)The generator shall use the standard California Uniform Hazardous Waste Manifest supplied by the department for all shipments of hazardous waste initiated on and before September 4, 2006, for which a manifest is required, except as provided in paragraph (2).
(B)
(C)
(D)
(E)
(A)The generator shall use the standard California Uniform Hazardous Waste Manifest or the manifest required by the receiving state for all shipments of hazardous waste initiated on and before September 4, 2006, for which a manifest is required.
(B)
(C)
SEC. 3.
Section 25160.2 of the Health and Safety Code is amended to read:25160.2.
(a) In lieu of the procedures prescribed by Sections 25160 and 25161, transporters and generators of hazardous waste meeting the conditions in this section may use the consolidated manifesting procedure set forth in subdivision (b) to consolidate shipments of waste streams identified in subdivision (c) collected from multiple generators onto a single consolidated manifest.(e) (1) A transporter may accept and include on a consolidated manifest a maximum of one shipment of used oil from a generator whose identification number has been suspended for a violation of Section 25205.16.
(2)If a transporter accepts a shipment of used oil pursuant to paragraph (1), the transporter shall do both of the following:
(A)Verify that the generator’s identification number was suspended for a violation of Section 25205.16.
(B)Notify the department within 24 hours that it accepted the shipment from the generator.
(3)If a generator offers a shipment of used oil to a transporter pursuant to paragraph (1), the generator shall do both of the following:
(A)Notify the department within 24 hours that a transporter accepted a shipment.
(B)Comply with Section 25205.16 within 30 days from the date the transporter accepted the shipment.
(4)This subdivision shall become inoperative on and after January 1, 2014.
SEC. 4.
Section 25160.3 of the Health and Safety Code is repealed.(a) Any person generating hazardous waste that is transported or submitted for transportation, for offsite handling, treatment, storage, disposal, or a combination thereof, subject to the manifest requirements of Section 25160, and any facility operator in the state who receives hazardous waste for handling, treatment, storage, disposal, or any combination thereof, that was transported subject to the manifest requirements of Section 25160, may submit an electronic report to the department in lieu of the copy of the manifests required by
subdivision (b) or (e) of Section 25160. The electronic report shall contain the information required by the department pursuant to subdivision (c) of Section 25160, and shall be provided no more than five business days after the end of the previous calendar month, or, if submitted bimonthly, no more than 10 business days after the previous two calendar weeks. The electronic report shall utilize the standardized electronic format and protocol for the exchange of electronic data established by the Secretary for Environmental Protection pursuant to Part 2 (commencing with Section 71050) of Division 34 of the Public Resources Code.
(b) The signatures required by Section 25160 and retained through the electronic reporting authorized by this section shall conform with the electronic signature techniques prescribed pursuant to Section 71066 of the Public Resources Code. Notwithstanding any other provision of law, printed representations of
signatures and other information submitted in an electronic report pursuant to this section shall not be rendered inadmissible in any civil or criminal action by the best evidence rule and shall be deemed to meet the requirements of Section 1507 of the Evidence Code.
SEC. 5.
Section 25160.3 is added to the Health and Safety Code, to read:25160.3.
(a) (1) Any requirement in this article, Section 25123.3, or Section 25207.5 to give, provide, send, forward, or return to another person a copy of a manifest is satisfied when an electronic manifest is transmitted to the other person by submission to the United States Environmental Protection Agency electronic manifest (e-Manifest) system.SEC. 6.
Section 25160.4 of the Health and Safety Code is amended to read:25160.4.
(a)SEC. 7.
Section 25160.5 of the Health and Safety Code is amended to read:25160.5.
(a) If any person submits an incomplete or improperly completed manifest, and the department returns the manifest to the person who completed or submitted the manifest, the person to whom it was returned shall, within 30 days from the date of receipt of the returned manifest, submit a fee of twenty dollars ($20) to the department to accompany the resubmitted manifest.SEC. 8.
Section 25160.6 of the Health and Safety Code is amended to read:25160.6.
(a) (1) If a hazardous waste shipment is rejected in its entirety before the original manifest is signed by an offsite hazardous waste facility operator, the original manifest shall be used to transport the rejected load to either the generator or an alternate facility designated by the generator.SEC. 9.
Section 25160.8 of the Health and Safety Code is amended to read:25160.8.
(a) For purposes of this section, the following definitions shall apply:SEC. 10.
Section 25205.15 of the Health and Safety Code is amended to read:25205.15.
(a) Except for the first four manifests used in a calendar year by a business with less than 100 employees, and except as provided in paragraph (2),(1)A manifest document printed and supplied by the state for a shipment initiated on and before September 4, 2006.
(2)
(c) On and after July 1, 1999, commencing with 1999–2000 fiscal year and annually thereafter, the department shall expend, upon appropriation by the Legislature in the annual Budget Act, not less than one million fifty thousand dollars ($1,050,000) from the manifest fees, deposited in the Hazardous Waste Control Account, to establish a program to encourage hazardous waste generators to implement pollution prevention measures. The program shall be administered pursuant to administrative and expenditure criteria to be established by the Legislature.
(d)
(e)