California 2021-2022 Regular Session

California Assembly Bill AB318 Compare Versions

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1-Amended IN Assembly May 24, 2021 Amended IN Assembly April 20, 2021 Amended IN Assembly April 13, 2021 Amended IN Assembly March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 318Introduced by Assembly Member Levine(Coauthors: Assembly Members Mathis and Smith)January 26, 2021 An act to add Section 25142.6 to the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 318, as amended, Levine. Hazardous waste: classification: green cannabis waste.The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to list and to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law requires the department, when identifying such wastes, to consider the immediate or persistent toxic effects to man and wildlife and the resistance to natural degradation or detoxification of the wastes. Existing law exempts certain kinds of waste from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, also known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law requires the Department of Toxic Substances Control to develop and implement a comprehensive training, education, and enforcement program for, among others, certified unified program agencies to increase awareness of the requirements governing the determination on whether a waste is hazardous, as specified.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires the department to identify and recommend actions to encourage the continued viability of the states organic waste processing and recycling infrastructure, in partnership with specified agencies, including the Department of Food and Agriculture, as provided. The act defines organic waste for its purposes to mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Under existing administrative law, cannabis waste is a type of organic waste, and is required to be disposed of and otherwise managed under various specified methods.This bill would require, on or before January 1, 2023, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, to provide guidance to certified unified program agencies on how to characterize green cannabis waste, as defined, under the hazardous waste control laws and regulations. The bill would authorize the department to adopt regulations within its jurisdiction establishing management standards for cannabis waste as an alternative to the requirements specified in the hazardous waste control laws and implementing regulations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25142.6 is added to the Health and Safety Code, to read:25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material. cannabis waste has the same meaning as set forth in Section 8108 of Title 3 of the California Code of Regulations, as those regulations read on December 31, 2020.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste cannabis waste under this chapter and regulations adopted pursuant to this chapter.(c) The department may, at its discretion, adopt regulations within its jurisdiction establishing management standards for cannabis waste that are an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter.
1+Amended IN Assembly April 20, 2021 Amended IN Assembly April 13, 2021 Amended IN Assembly March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 318Introduced by Assembly Member LevineJanuary 26, 2021 An act to add Section 25141.4 25142.6 to the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 318, as amended, Levine. Hazardous waste: classification: exclusions: organic green waste.The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to list and to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law requires the department, when identifying such wastes, to consider the immediate or persistent toxic effects to man and wildlife and the resistance to natural degradation or detoxification of the wastes. Existing law exempts certain kinds of waste from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, also known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law requires the Department of Toxic Substances Control to develop and implement a comprehensive training, education, and enforcement program for, among others, certified unified program agencies to increase awareness of the requirements governing the determination on whether a waste is hazardous, as specified.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires the department to identify and recommend actions to encourage the continued viability of the states organic waste processing and recycling infrastructure, in partnership with specified agencies, including the Department of Food and Agriculture, as provided. The act defines organic waste for its purposes to mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. This bill would require, on or before January 1, 2023, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, to provide guidance to certified unified program agencies on how to characterize green waste, as defined, under the hazardous waste control laws and regulations.The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law exempts certain kinds of waste, including, among other things, wood waste, as defined, from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.This bill would exclude from classification as a hazardous waste organic waste, as defined, that would be classified as hazardous solely because it exhibits a characteristic of toxicity, as specified. The bill would require that organic waste is to be managed in a permitted compostable materials handling operation or facility, as defined, in accordance with a cannabis waste management plan, in a permitted facility using biomass conversion, as defined, in a permitted class I, II, or III disposal unit, in a permitted solid waste facility, as defined, or in any other manner allowed by law, as specified. Because disposal of organic waste in violation of this requirement would be a crime, the bill would impose a state-mandated local program.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25142.6 is added to the Health and Safety Code, to read:25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste under this chapter and regulations adopted pursuant to this chapter.SECTION 1.Section 25141.4 is added to the Health and Safety Code, to read:25141.4.(a)Organic waste that would be classified as hazardous solely because it exhibits a characteristic of toxicity, as described in Section 66261.24 of Title 22 of the California Code of Regulations shall be excluded from classification as a hazardous waste for purposes of this chapter.(b)Organic waste that meets the description in subdivision (a) shall be managed in any of the following ways:(1)In a permitted compostable materials handling operation or facility, as defined in paragraph (12) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations, or any successor regulation.(2)In accordance with Section 8108 of Title 3 of the California Code of Regulations, or any successor regulation.(3)In a permitted facility using any type of biomass conversion, as defined in Section 40106 of the Public Resources Code.(4)In a permitted class I, II, or III disposal unit, pursuant to Section 2531 of Title 23 or Section 20250 or 20260 of Title 27 of the California Code of Regulations, or any successor regulations.(5)In a permitted solid waste facility, as defined in Section 40194 of the Public Resources Code.(6)In any other manner allowed by any applicable regulation or law.(c)For purposes of this section, organic waste means organic waste, as defined in Section 42649.8 of the Public Resources Code.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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3- Amended IN Assembly May 24, 2021 Amended IN Assembly April 20, 2021 Amended IN Assembly April 13, 2021 Amended IN Assembly March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 318Introduced by Assembly Member Levine(Coauthors: Assembly Members Mathis and Smith)January 26, 2021 An act to add Section 25142.6 to the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 318, as amended, Levine. Hazardous waste: classification: green cannabis waste.The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to list and to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law requires the department, when identifying such wastes, to consider the immediate or persistent toxic effects to man and wildlife and the resistance to natural degradation or detoxification of the wastes. Existing law exempts certain kinds of waste from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, also known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law requires the Department of Toxic Substances Control to develop and implement a comprehensive training, education, and enforcement program for, among others, certified unified program agencies to increase awareness of the requirements governing the determination on whether a waste is hazardous, as specified.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires the department to identify and recommend actions to encourage the continued viability of the states organic waste processing and recycling infrastructure, in partnership with specified agencies, including the Department of Food and Agriculture, as provided. The act defines organic waste for its purposes to mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Under existing administrative law, cannabis waste is a type of organic waste, and is required to be disposed of and otherwise managed under various specified methods.This bill would require, on or before January 1, 2023, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, to provide guidance to certified unified program agencies on how to characterize green cannabis waste, as defined, under the hazardous waste control laws and regulations. The bill would authorize the department to adopt regulations within its jurisdiction establishing management standards for cannabis waste as an alternative to the requirements specified in the hazardous waste control laws and implementing regulations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Assembly April 20, 2021 Amended IN Assembly April 13, 2021 Amended IN Assembly March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 318Introduced by Assembly Member LevineJanuary 26, 2021 An act to add Section 25141.4 25142.6 to the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 318, as amended, Levine. Hazardous waste: classification: exclusions: organic green waste.The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to list and to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law requires the department, when identifying such wastes, to consider the immediate or persistent toxic effects to man and wildlife and the resistance to natural degradation or detoxification of the wastes. Existing law exempts certain kinds of waste from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, also known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law requires the Department of Toxic Substances Control to develop and implement a comprehensive training, education, and enforcement program for, among others, certified unified program agencies to increase awareness of the requirements governing the determination on whether a waste is hazardous, as specified.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires the department to identify and recommend actions to encourage the continued viability of the states organic waste processing and recycling infrastructure, in partnership with specified agencies, including the Department of Food and Agriculture, as provided. The act defines organic waste for its purposes to mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. This bill would require, on or before January 1, 2023, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, to provide guidance to certified unified program agencies on how to characterize green waste, as defined, under the hazardous waste control laws and regulations.The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law exempts certain kinds of waste, including, among other things, wood waste, as defined, from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.This bill would exclude from classification as a hazardous waste organic waste, as defined, that would be classified as hazardous solely because it exhibits a characteristic of toxicity, as specified. The bill would require that organic waste is to be managed in a permitted compostable materials handling operation or facility, as defined, in accordance with a cannabis waste management plan, in a permitted facility using biomass conversion, as defined, in a permitted class I, II, or III disposal unit, in a permitted solid waste facility, as defined, or in any other manner allowed by law, as specified. Because disposal of organic waste in violation of this requirement would be a crime, the bill would impose a state-mandated local program.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO
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5- Amended IN Assembly May 24, 2021 Amended IN Assembly April 20, 2021 Amended IN Assembly April 13, 2021 Amended IN Assembly March 09, 2021
5+ Amended IN Assembly April 20, 2021 Amended IN Assembly April 13, 2021 Amended IN Assembly March 09, 2021
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7-Amended IN Assembly May 24, 2021
87 Amended IN Assembly April 20, 2021
98 Amended IN Assembly April 13, 2021
109 Amended IN Assembly March 09, 2021
1110
1211 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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1413 Assembly Bill
1514
1615 No. 318
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18-Introduced by Assembly Member Levine(Coauthors: Assembly Members Mathis and Smith)January 26, 2021
17+Introduced by Assembly Member LevineJanuary 26, 2021
1918
20-Introduced by Assembly Member Levine(Coauthors: Assembly Members Mathis and Smith)
19+Introduced by Assembly Member Levine
2120 January 26, 2021
2221
23- An act to add Section 25142.6 to the Health and Safety Code, relating to hazardous waste.
22+ An act to add Section 25141.4 25142.6 to the Health and Safety Code, relating to hazardous waste.
2423
2524 LEGISLATIVE COUNSEL'S DIGEST
2625
2726 ## LEGISLATIVE COUNSEL'S DIGEST
2827
29-AB 318, as amended, Levine. Hazardous waste: classification: green cannabis waste.
28+AB 318, as amended, Levine. Hazardous waste: classification: exclusions: organic green waste.
3029
31-The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to list and to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law requires the department, when identifying such wastes, to consider the immediate or persistent toxic effects to man and wildlife and the resistance to natural degradation or detoxification of the wastes. Existing law exempts certain kinds of waste from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, also known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law requires the Department of Toxic Substances Control to develop and implement a comprehensive training, education, and enforcement program for, among others, certified unified program agencies to increase awareness of the requirements governing the determination on whether a waste is hazardous, as specified.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires the department to identify and recommend actions to encourage the continued viability of the states organic waste processing and recycling infrastructure, in partnership with specified agencies, including the Department of Food and Agriculture, as provided. The act defines organic waste for its purposes to mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Under existing administrative law, cannabis waste is a type of organic waste, and is required to be disposed of and otherwise managed under various specified methods.This bill would require, on or before January 1, 2023, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, to provide guidance to certified unified program agencies on how to characterize green cannabis waste, as defined, under the hazardous waste control laws and regulations. The bill would authorize the department to adopt regulations within its jurisdiction establishing management standards for cannabis waste as an alternative to the requirements specified in the hazardous waste control laws and implementing regulations.
30+The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to list and to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law requires the department, when identifying such wastes, to consider the immediate or persistent toxic effects to man and wildlife and the resistance to natural degradation or detoxification of the wastes. Existing law exempts certain kinds of waste from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, also known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law requires the Department of Toxic Substances Control to develop and implement a comprehensive training, education, and enforcement program for, among others, certified unified program agencies to increase awareness of the requirements governing the determination on whether a waste is hazardous, as specified.The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires the department to identify and recommend actions to encourage the continued viability of the states organic waste processing and recycling infrastructure, in partnership with specified agencies, including the Department of Food and Agriculture, as provided. The act defines organic waste for its purposes to mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. This bill would require, on or before January 1, 2023, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, to provide guidance to certified unified program agencies on how to characterize green waste, as defined, under the hazardous waste control laws and regulations.The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law exempts certain kinds of waste, including, among other things, wood waste, as defined, from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.This bill would exclude from classification as a hazardous waste organic waste, as defined, that would be classified as hazardous solely because it exhibits a characteristic of toxicity, as specified. The bill would require that organic waste is to be managed in a permitted compostable materials handling operation or facility, as defined, in accordance with a cannabis waste management plan, in a permitted facility using biomass conversion, as defined, in a permitted class I, II, or III disposal unit, in a permitted solid waste facility, as defined, or in any other manner allowed by law, as specified. Because disposal of organic waste in violation of this requirement would be a crime, the bill would impose a state-mandated local program.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.
3231
3332 The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to list and to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law requires the department, when identifying such wastes, to consider the immediate or persistent toxic effects to man and wildlife and the resistance to natural degradation or detoxification of the wastes. Existing law exempts certain kinds of waste from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.
3433
3534 Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, also known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law requires the Department of Toxic Substances Control to develop and implement a comprehensive training, education, and enforcement program for, among others, certified unified program agencies to increase awareness of the requirements governing the determination on whether a waste is hazardous, as specified.
3635
3736 The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires the department to identify and recommend actions to encourage the continued viability of the states organic waste processing and recycling infrastructure, in partnership with specified agencies, including the Department of Food and Agriculture, as provided. The act defines organic waste for its purposes to mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
3837
39-The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Under existing administrative law, cannabis waste is a type of organic waste, and is required to be disposed of and otherwise managed under various specified methods.
38+This bill would require, on or before January 1, 2023, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, to provide guidance to certified unified program agencies on how to characterize green waste, as defined, under the hazardous waste control laws and regulations.
4039
41-This bill would require, on or before January 1, 2023, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, to provide guidance to certified unified program agencies on how to characterize green cannabis waste, as defined, under the hazardous waste control laws and regulations. The bill would authorize the department to adopt regulations within its jurisdiction establishing management standards for cannabis waste as an alternative to the requirements specified in the hazardous waste control laws and implementing regulations.
40+The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law exempts certain kinds of waste, including, among other things, wood waste, as defined, from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.
41+
42+
43+
44+This bill would exclude from classification as a hazardous waste organic waste, as defined, that would be classified as hazardous solely because it exhibits a characteristic of toxicity, as specified. The bill would require that organic waste is to be managed in a permitted compostable materials handling operation or facility, as defined, in accordance with a cannabis waste management plan, in a permitted facility using biomass conversion, as defined, in a permitted class I, II, or III disposal unit, in a permitted solid waste facility, as defined, or in any other manner allowed by law, as specified. Because disposal of organic waste in violation of this requirement would be a crime, the bill would impose a state-mandated local program.
45+
46+
47+
48+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.
49+
50+
51+
52+This bill would provide that no reimbursement is required by this act for a specified reason.
53+
54+
4255
4356 ## Digest Key
4457
4558 ## Bill Text
4659
47-The people of the State of California do enact as follows:SECTION 1. Section 25142.6 is added to the Health and Safety Code, to read:25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material. cannabis waste has the same meaning as set forth in Section 8108 of Title 3 of the California Code of Regulations, as those regulations read on December 31, 2020.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste cannabis waste under this chapter and regulations adopted pursuant to this chapter.(c) The department may, at its discretion, adopt regulations within its jurisdiction establishing management standards for cannabis waste that are an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter.
60+The people of the State of California do enact as follows:SECTION 1. Section 25142.6 is added to the Health and Safety Code, to read:25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste under this chapter and regulations adopted pursuant to this chapter.SECTION 1.Section 25141.4 is added to the Health and Safety Code, to read:25141.4.(a)Organic waste that would be classified as hazardous solely because it exhibits a characteristic of toxicity, as described in Section 66261.24 of Title 22 of the California Code of Regulations shall be excluded from classification as a hazardous waste for purposes of this chapter.(b)Organic waste that meets the description in subdivision (a) shall be managed in any of the following ways:(1)In a permitted compostable materials handling operation or facility, as defined in paragraph (12) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations, or any successor regulation.(2)In accordance with Section 8108 of Title 3 of the California Code of Regulations, or any successor regulation.(3)In a permitted facility using any type of biomass conversion, as defined in Section 40106 of the Public Resources Code.(4)In a permitted class I, II, or III disposal unit, pursuant to Section 2531 of Title 23 or Section 20250 or 20260 of Title 27 of the California Code of Regulations, or any successor regulations.(5)In a permitted solid waste facility, as defined in Section 40194 of the Public Resources Code.(6)In any other manner allowed by any applicable regulation or law.(c)For purposes of this section, organic waste means organic waste, as defined in Section 42649.8 of the Public Resources Code.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
4861
4962 The people of the State of California do enact as follows:
5063
5164 ## The people of the State of California do enact as follows:
5265
53-SECTION 1. Section 25142.6 is added to the Health and Safety Code, to read:25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material. cannabis waste has the same meaning as set forth in Section 8108 of Title 3 of the California Code of Regulations, as those regulations read on December 31, 2020.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste cannabis waste under this chapter and regulations adopted pursuant to this chapter.(c) The department may, at its discretion, adopt regulations within its jurisdiction establishing management standards for cannabis waste that are an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter.
66+SECTION 1. Section 25142.6 is added to the Health and Safety Code, to read:25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste under this chapter and regulations adopted pursuant to this chapter.
5467
5568 SECTION 1. Section 25142.6 is added to the Health and Safety Code, to read:
5669
5770 ### SECTION 1.
5871
59-25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material. cannabis waste has the same meaning as set forth in Section 8108 of Title 3 of the California Code of Regulations, as those regulations read on December 31, 2020.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste cannabis waste under this chapter and regulations adopted pursuant to this chapter.(c) The department may, at its discretion, adopt regulations within its jurisdiction establishing management standards for cannabis waste that are an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter.
72+25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste under this chapter and regulations adopted pursuant to this chapter.
6073
61-25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material. cannabis waste has the same meaning as set forth in Section 8108 of Title 3 of the California Code of Regulations, as those regulations read on December 31, 2020.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste cannabis waste under this chapter and regulations adopted pursuant to this chapter.(c) The department may, at its discretion, adopt regulations within its jurisdiction establishing management standards for cannabis waste that are an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter.
74+25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste under this chapter and regulations adopted pursuant to this chapter.
6275
63-25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material. cannabis waste has the same meaning as set forth in Section 8108 of Title 3 of the California Code of Regulations, as those regulations read on December 31, 2020.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste cannabis waste under this chapter and regulations adopted pursuant to this chapter.(c) The department may, at its discretion, adopt regulations within its jurisdiction establishing management standards for cannabis waste that are an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter.
76+25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material.(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste under this chapter and regulations adopted pursuant to this chapter.
6477
6578
6679
67-25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material. cannabis waste has the same meaning as set forth in Section 8108 of Title 3 of the California Code of Regulations, as those regulations read on December 31, 2020.
80+25142.6. (a) For purposes of this section, green waste means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material.
6881
69-(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste cannabis waste under this chapter and regulations adopted pursuant to this chapter.
82+(b) No later than January 1, 2023, the department, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, shall provide guidance to certified unified program agencies on how to characterize green waste under this chapter and regulations adopted pursuant to this chapter.
7083
71-(c) The department may, at its discretion, adopt regulations within its jurisdiction establishing management standards for cannabis waste that are an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter.
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88+(a)Organic waste that would be classified as hazardous solely because it exhibits a characteristic of toxicity, as described in Section 66261.24 of Title 22 of the California Code of Regulations shall be excluded from classification as a hazardous waste for purposes of this chapter.
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92+(b)Organic waste that meets the description in subdivision (a) shall be managed in any of the following ways:
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96+(1)In a permitted compostable materials handling operation or facility, as defined in paragraph (12) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations, or any successor regulation.
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100+(2)In accordance with Section 8108 of Title 3 of the California Code of Regulations, or any successor regulation.
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104+(3)In a permitted facility using any type of biomass conversion, as defined in Section 40106 of the Public Resources Code.
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108+(4)In a permitted class I, II, or III disposal unit, pursuant to Section 2531 of Title 23 or Section 20250 or 20260 of Title 27 of the California Code of Regulations, or any successor regulations.
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112+(5)In a permitted solid waste facility, as defined in Section 40194 of the Public Resources Code.
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116+(6)In any other manner allowed by any applicable regulation or law.
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120+(c)For purposes of this section, organic waste means organic waste, as defined in Section 42649.8 of the Public Resources Code.
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126+No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.