California Assembly Bill AB2562 Latest Draft

 BILL NUMBER: AB 2562INTRODUCED 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.