BILL NUMBER: SB 1362	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senator Correa

                        FEBRUARY 21, 2014

    An act to amend Section 21041 of the Public Contract
Code, relating to public contracts.   An act to amend
Section 25113 of the Health and Safety Code, relating to hazardous
waste. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1362, as amended, Correa.  Public contracts: Orange
County Water District.   Hazardous waste: disposal:
exemption.  
   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 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, from the definition of the term "disposal"
under those 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 and the residual soil is replaced within the area from which it
was originally removed.  
   Existing law governs the contracts of the Orange County Water
District as provided in a specified statute and further provides that
the district is not bound by any contract unless the same is made in
writing approved by a resolution of the board of directors and
properly executed by its officers who have been authorized to do so.
 
   This bill would make technical, nonsubstantive changes in that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) The current regulatory framework of the Department of Toxic
Substances Control does not allow active outdoor shooting ranges to
remove and recycle spent ammunition in soil after the spent
ammunition materials, including casings or projectiles, have been
recovered from the residual soil for recycling, unless that residual
soil is managed as a hazardous waste.  
   (b) The state's current regulations applicable to recycling spent
ammunition at active outdoor shooting ranges do not incorporate the
United States Environmental Protection Agency's "Military Munitions
Rule," as applicable to nonmilitary ranges pursuant to the guidance
document "Best Management Practices for Lead at Outdoor Shooting
Ranges," which does not consider as disposal the replacement of
residual soil on active shooting ranges after recovering and
recycling the spent ammunition from it.  
   (c) The additional cost of managing the residual soil as hazardous
waste is a significant financial burden on active outdoor shooting
ranges and may result in a disincentive to actively implement best
management practices endorsed by the United States Environmental
Protection Agency, including the management of spent ammunition by
means of recovering and recycling the spent ammunition at active
outdoor shooting ranges. 
   SEC. 2.    Section 25113 of the   Health and
Safety Code   is amended to read: 
   25113.  (a)  (1)    "Disposal" means either of
the following: 
   (1) 
    (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. 
   (2) 
    (B)  The abandonment of any waste. 
   (2) (A) "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 and the residual soil is replaced within the area from which it
was originally removed.  
   (3) 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  the   this 
section  made at   by Section 2 of Chapter 1436
of  the  1989-90 Regular Session   Statutes
 of  the Legislature  1989  does not
constitute a change in, but is declaratory of, the existing law.

  SECTION 1.    Section 21041 of the Public Contract
Code is amended to read:
   21041.  The district shall not be bound by any contract except as
hereinafter provided unless the same shall be made in writing
approved by resolution of the board of directors and properly
executed by its officers who have been so authorized to do so by the
district. The approval of the form of all contracts shall be endorsed
thereon by an attorney for the district.