BILL NUMBER: AB 1776	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Obernolte

                        FEBRUARY 3, 2016

   An act to amend Section 25113 of the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1776, as amended, Obernolte. Hazardous waste: disposal:
exemption. 
   Existing law provides for the regulation of hazardous waste by the
Department of Toxic Substances Control and makes a declaration of
legislative intent regarding that regulation and maintaining
authorization to administer a state program pursuant to the federal
Resource Conservation and Recovery Act of 1976. 
   Existing law prohibits the management of hazardous waste except in
accordance with the hazardous waste control laws and prohibits the
disposal of hazardous waste except at a disposal site or at a
facility of an owner or operator who holds a valid hazardous waste
facilities permit or other grant of authorization from the 
Department of Toxic Substances Control   department
 to use and operate the site or facility. Existing law defines
the term "disposal" for purposes of the hazardous waste control laws
as including the discharge, deposit, injection, dumping, spilling,
leaking, or placing of a waste into or on any land.
   This  bill would exclude,   bill, to the
extent that it would not jeopardize state administration of the state
hazardous waste program, would exclude  from the definition of
the term "disposal" under those  laws,   laws
 the onsite movement of soil at an active outdoor sport shooting
range, as defined, if this movement is done to facilitate the
removal and recycling of spent ammunition materials existing on the
site as a result of the normal use of the shooting  range
  range, the activities at the shooting range are
consistent with a specified manual produced by the United States
Environmental Protection Agency,  and the residual soil is
replaced within the area from which it was originally removed. 
The bill would require the department to contact the United States
Environmental Protection Agency to ensure that this exclusion is
consistent with the federal Resource Conservation and Recovery Act
and does not jeopardize the ability of the state to administer the
state hazardous waste program in lieu of the federal program. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25113 of the Health and Safety Code is amended
to read:
   25113.  (a)  (1)  "Disposal" means either of the following:
   (A) The discharge, deposit, injection, dumping, spilling, leaking,
or placing of any waste so that the waste or any constituent of the
waste is or may be emitted into the air or discharged into or on any
land or waters, including groundwaters, or may otherwise enter the
environment.
   (B) The abandonment of any waste.
   (2)  "Disposal"   To   the extent
that it would not jeopardize the state's administration of the state
hazardous waste program pursuant to the federal act, "disposal" 
does not include the onsite movement of soil at an active outdoor
sport shooting range if this movement is done to facilitate the
removal and recycling of spent ammunition materials existing on the
site as a result of the normal use of the shooting  range
  range, the activities at the shooting range are
consistent with the United States Environmental Protection Agency's
"Best Management Practices for Lead at Outdoor Shooting Ranges"
manual,  and the residual soil is replaced within the area from
which it was originally removed. 
   (3) By July 1, 2017, the department shall contact the United
States Environmental Protection Agency to ensure that the exclusion
described in paragraph (2) is consistent with the federal act and
does not jeopardize the ability of the state to administer the state
hazardous waste program in lieu of the federal program pursuant to
Section 3006 of the federal act (42 U.S.C. Sec. 6926).  

   (3) 
    (4)  For purposes of this section, "sport shooting range"
has the same meaning as in paragraph (2) of subdivision (a) of
Section 3482.1 of the Civil Code.
   (b) The amendment of this section by Section 2 of Chapter 1436 of
the Statutes of 1989 does not constitute a change in, but is
declaratory of, the existing law.