Existing law requires the Department of Toxic Substances Control, before adopting building standards or adopting or revising other standards and regulations for the handling, processing, storing, use, recycling, and disposal of hazardous and extremely hazardous wastes, to hold at least one public hearing in Sacramento, or in a city within the area of the state to be affected by the proposed regulations, as provided.

This bill would, if the department proposes to reclassify wastes or adopt alternative management standards for regulated waste, require the department to take all necessary and authorized steps required by law to facilitate full public notification and review of state, regional, and local facility entitlements, to enable local community input regarding the proposed changes to the classification of wastes or the alternative management standards.

SENATE COMMITTEE ON TRANSPORTATION

Senator Dave Cortese, Chair

2025 - 2026 Regular

Bill No: Hearing Date: 6/30/2026

SUBJECT:

DIGEST: This bill allows a publicly owned railroad that receives funding from the Short Line Rail Improvement Program (SLRIP) to supply program matching funds from other public funds.

ANALYSIS:

Existing law:

1. Establishes SLRIP within the California Transportation Commission (CTC) to provide funds for short-line railroad projects, funded from the Trade Corridors Improvement Fund (TCIF). (GOV 8879.52)
   
2. Requires, among other things, that at least 30% of the total project cost for SLRIP-eligible projects be provided by nongovernmental sources. (GOV 8879.52(f)(B)(2))
   

This bill:

1. Specifies that a privately owned railroad must provide at least 30 percent of project costs from nongovernmental sources to be eligible for SLRIP funds.
   
2. Specifies that a publicly owned railroad must provide at least 30 percent of project costs from sources not allocated by CTC on a project-specific basis to be eligible for SLRIP funds.
   
3. Specifies that all SLRIP funds shall be available for expenditure through June 30, 2029.

COMMENTS:

1. Purpose of the bill. According to the author, “The Black Point Bridge is a critical link for Sonoma Marin Rail Transit (SMART) and local freight in my district. Currently the Black Point Bridge is in desperate need of repair and has secured $1.4 million to make the bridge functional. However, current law requires a 30% non-governmental match to access the funding. While SMART was unable to find a 30% match, local entities have come together to fund this important rail improvement project. AB 599 would allow us to use local, state, or federal money for the 30% non-governmental match as long as the money is not allocated by CTC, to protect a $1.4 million grant, awarded to SMART. This money is vital to our local government and ensuring freight can continue to serve the Petaluma region.”
   
2. Short Line Railroads. Short line railroads are a specific type of railroad that operate relatively short-distance rail lines throughout the country. Their primary purpose is to handle the “first mile” and “last mile” of the freight rail network, serving as a distribution and feeder system for the overall freight rail network. Unlike larger rail operators which run expansive interstate rail operations, short lines typically focus on providing access to smaller markets and moving goods between origin points, processing points, and final points of sale.
   
   Like with all rail, maintaining the physical rail infrastructure is one of the most important, and hardest, tasks for short line railroads. Many short line railroads initially acquired their rail from larger operators who no longer saw economic benefit in operating the lines themselves. As such, many short lines are in possession of aging and outdated infrastructure, sometimes dating to as far back as the early 20^th, or even 19^th, century. Short lines thus face issues maintaining and upgrading many parts of their infrastructure, including bridges, tunnels, and other crossings.
   
3. Short Line Railroad Improvement Program. In an effort to address funding challenges associated with these infrastructure problems, in 2019 the Legislature passed SB 87 (Hurtado, Chapter 32, Statutes of 2019), which created the SLRIP. This program, operated by CTC, included a one-time appropriation of $7.2 million from TCIF to fund the program. SLRIP was designed to fund projects such as railroad reconstruction, maintenance, and upgrades or replacements for short line rail infrastructure. Short line railroads were eligible to apply, but had to do so with either a California Department of Transportation (Caltrans) or regional transportation planning agency (RTPA) acting as a project sponsor. Furthermore, all projects had to be matched with at least 30 percent private funds.
   Ultimately, the program received eight applications and dispersed roughly $6.5 million in funding. These projects were spread across the state and were roughly evenly split between track repair and upgrades, and bridge maintenance. All projects that applied were fully funded.
   
4. Sonoma-Marin Area Transit District. One operator to receive SLRIP funds was the Sonoma-Marin Area Transit District (SMART). Unlike other short lines, SMART is a public transportation agency. SMART primarily operates a commuter rail that provides passenger service in a corridor linking the City of Windsor in Sonoma County to Larkspur in Marin County. SMART service generally parallels the existing Highway 101 corridor, with stations in the Sonoma County Airport area, Santa Rosa, Rohnert Park, Cotati, Petaluma, Novato, San Rafael, and Larkspur. In 2019, SMART had a ridership of approximately 2,500 passengers per weekday. As of 2023, SMART is back to pre-pandemic ridership levels.
   
   Beyond passenger rail, SMART also operates a freight rail service along its corridor. In 2018, SB 1029 (McGuire, Chapter 934, Statutes of 2018) dissolved the old North Coast Railroad Authority and moved their responsibility for the provision of freight rail services to SMART. SMART began operating freight service in 2022. As of 2024, SMART’s freight rail service operates two round‑trip trains per week during overnight hours when passenger service is not running, representing only about one percent of its total train trip miles per year.^[1]
   
5. SMART and SLRIP. In January 2021, CTC approved roughly $1.5 million of SLRIP funding for the SMART Freight Improvements Project. The goal of the project is to repair the Black Point Bridge, which crosses the Petaluma River on the Marin-Sonoma County border, as well as upgrade existing freight spurs and construct new ones. The project is planned to be carried out in two phases. The first phase will repair the Black Point Bridge, and the second phase will upgrade the rail line and install new freight spurs.
   
   Despite being approved over five years ago, the project has not yet begun. According to SMART, this is because the original SLRIP requires that all funding includes a 30 percent match from the private sector. The intent of this match was to make sure that short line rail operators, which are almost exclusively private entities, had to contribute their own funds to these projects. However, since SMART is a fully public entity, it has been unable to meet this requirement. AB 599 attempts to address this issue by amending the SLRIP language to allow a public short line rail operator to utilize other public money for these matching funds. SMART is the only SLRIP recipient impacted by these provisions.
   
   SMART, writing in support, states, “SMART is the only public agency in the state that operates passenger rail and freight. As a result, SMART has dedicated freight money that can be used in lieu of the private match but must ensure that the remaining SLRIP funds available for critical State of Good Repair improvements on the publicly owned railroad are not jeopardized…SMART has had several weather-related emergencies over the past three years resulting in significant work on the railroad, work that could otherwise utilize SLRIP funds but for the private fund match requirement.”

related/previous Legislation:

SB 87 (Hurtado, Chapter 32, Statutes of 2019) – Created SLRIP as a competitive funding program for short line railroad infrastructure projects and included a one-time appropriation of $7.2 million for the program from TCIF.

SB 1029 (McGuire, Chapter 934, Statutes of 2018) – Dissolved the North Coast Railroad Authority and moved their responsibility for the provision of freight rail services to SMART.

AB 2224 (Nation, Chapter 341, Statutes of 2002) – Created SMART and established powers and duties regarding the formation, governance, organization, maintenance, operation and potential dissolution of the district. Authorized SMART to provide passenger rail service in the counties of Sonoma and Marin.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 24, 2026.)

SUPPORT:

Sonoma-Marin Area Rail Transit District (SMART)

OPPOSITION:

None received

-- END --

1. https://www.govinfo.gov/content/pkg/GOVPUB-RR-3b80e6269f9bced196ddd8e7122c5e9f/pdf/GOVPUB-RR-3b80e6269f9bced196ddd8e7122c5e9f.pdf ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 599

Author:(Connolly)

As Introduced Ver:February 13, 2025

Majority vote

SUMMARY

Requires the Department of Toxic Substances Control (DTSC), if it proposes to reclassify wastes or adopt alternative management standards for regulated waste, to incorporate local community input regarding the proposed changes to the classification of wastes or alternative management standards.

Major Provisions

N/A

COMMENTS

California Hazardous Waste Control Law (HWCL): The HWCL is the state's program to implement and enforce federal hazardous waste law in California and to direct DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit to do so from DTSC. The HWCL covers the entire management of hazardous waste, from the point that hazardous waste is generated to management, transportation, and ultimately disposal of that waste into a state or federally authorized facility.

Board of Environmental Safety (BES): Senate Bill 158 (Senate Committee on Budget), Chapter 73, Statutes of 2021 created the BES to improve DTSC's transparency, accountability, and fiscal stability. The BES's duties and authorities include developing a multi-year schedule to develop long-term goals for DTSC's programs; reviewing and approving the Director's priorities and adopting performance metrics; adjusting fee rates based upon changes made in the annual Budget Act; hearing and deciding hazardous waste facility permit appeals; providing opportunities for public hearings on permitted and remediation sites; conducting an analysis of DTSC's fee structure; conducting an analysis of DTSC's programs and their relationship with related programs in other agencies; and, forming advisory subcommittees on any topic, including fees and environmental justice.

SB 158 required DTSC to adopt a draft hazardous waste management report by March 1, 2023, and then adopt a draft hazardous waste management plan (Plan) by March 1, 2025 and submit that draft Plan to the BES. Additionally, SB 158 requires the BES, before approving the final Plan, to hold at least three public hearings in various parts of the state to receive comments from the public on the draft Plan.

Hazardous Waste Management Report (Report): In July 2023, as part of its programmatic reforms, DTSC released the first Report, which presents data on the types and amounts of hazardous waste generated, transported, and disposed of in the state.

The main objectives of the first Report were to establish a baseline understanding of the management of hazardous waste in California, identify data gaps and items that require additional research, and develop plans to fill data gaps. The final Report was issued by DTSC in the fall of 2023.

Hazardous Waste Management Plan (Plan): On March 14, 2025, DTSC released the draft Plan. The Plan is organized into 10 goals, each with specific recommendations intended to address the challenges of California's hazardous waste management system and strive towards the development of a circular economy.

Alternative management standards for certain non-Resource Conservation and Recovery Act (RCRA) wastes: Contained within Goal 7 is for DTSC to identify alternative management standards for certain non-RCRA hazardous wastes, including contaminated soil, while ensuring protection of public health and the environment. According to the Plan:

"Alternative management standards allow for the handling of certain non-RCRA hazardous wastes under different requirements than those typically mandated for hazardous waste management. For example, California allows treated wood waste (TWW) to be disposed of at certain authorized municipal landfills in addition to Class I hazardous waste landfills. These standards can provide a protective and more sustainable approach to managing certain other wastes. In accordance with HSC Section 25135 (d)(11)(A), DTSC will assess and make recommendations for non-RCRA wastes currently identified as hazardous in California that can be managed under alternative standards that differ from the traditional hazardous waste management requirements, while still ensuring the protection of public health and the environment. Implementation of alternative management can result in more waste being managed safely within the state.

Next Steps and Estimated Timeline for implementing Goal 7: Several steps must occur for specific non-RCRA soil to be disposed of in specific non-hazardous waste landfills. The first of these steps would include an allowance for the specific non-RCRA soil waste to be disposed of in specific types of landfills (e.g. composite lined portions of non-hazardous waste landfills). Currently, DTSC is working to identify the regulatory or statutory mechanism for the first step.

The next step is outside of DTSC's authority. The State Water Resources Control Board (State Water Board) and the Department of Resources, Recycling and Recovery (CalRecycle) have authority over non-hazardous waste landfills and these entities would go through their own processes to allow the disposal of these wastes in non-hazardous waste landfills.

Lastly, [solid waste] facilities would need to opt in and decide to accept these wastes. DTSC estimates that the development of at least the first step of the alternative management standard process may be completed within the next two years.

The amount of time needed for the State Water Board and CalRecycle to go through their processes is unknown at this time and may rely on specific case-by-case considerations. In addition, it is unknown how many facilities may decide to accept these wastes over time."

BES public review and adoption of the Plan: Existing law, requires the BES to hold three public hearings before adopting the final Plan. The BES has held three meetings on the draft plan: March 20 in Fresno, April 24 in Berkeley, and May 15 in Cypress, with a fourth meeting scheduled on July 15 in Sacramento. The BES will adopt the final Plan at a subsequent meeting.

This bill requires DTSC, if it proposes to reclassify wastes or adopt alternative management standards for hazardous waste, to enable local community input regarding the proposed changes to the classification of hazardous wastes or alternative management standards.

According to the Author

"AB 599 requires DTSC, if it proposes to reclassify wastes or adopt alternative management standards for hazardous waste, to enable local community input regarding the proposed changes to the classification of hazardous wastes or alternative management standards. If the Board of Environmental Safety adopts a Hazardous Waste Management Plan that adopts alternative management standards for hazardous waste, it's important that the communities, living near the facilities where the waste will be taken, are informed."

Arguments in Support

None on file.

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, enactment of this bill could result in costs of an unknown but potentially significant amount, likely in excess of $150,000, for DTSC to implement this bill.

VOTES

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 7-0-0

YES: Connolly, Hadwick, Bauer-Kahan, Castillo, Lee, McKinnor, Papan

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

ABS, ABST OR NV: Sanchez

UPDATED

VERSION: February 13, 2025

CONSULTANT: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0000496

Date of Hearing: April 9, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 599

Author:(Connolly) – As Introduced Ver:February 13, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Toxic Substances Control (DTSC), if it proposes to reclassify wastes or adopt alternative management standards for regulated waste, to take all necessary and authorized steps required by law to facilitate full public notification and review of state, regional, and local facility entitlements, to enable local community input regarding the proposed changes.

FISCAL EFFECT:

Costs of an unknown but potentially significant amount, likely in excess of $150,000, for DTSC to implement this bill (special fund). The public engagement process will vary and exact costs will depend, in part, on the type of waste proposed to be reclassified or the specific alternative management standard proposed by the department. For example, DTSC may need to adopt regulations to implement a particular standard. According to the department, rulemaking notices are usually sent statewide and are not typically tailored to a specific community. DTSC contends that if this bill requires notification of local communities, DTSC may require additional outreach resources to augment its public engagement.

Absent more specificity in the bill, it is also possible DTSC will need to prematurely send notices to communities around facilities that are outside DTSC’s jurisdiction and for which DTSC does not currently have information – which could result in additional costs. DTSC cannot require a facility to accept specific wastes, and, therefore, cannot predict which facilities may meet the new standards or opt into accepting reclassified wastes. While public noticing requirements for a facility to modify its permit(s) could be community-specific at the time a permit modification is proposed, it may be premature and resource-intensive to send notices when a waste is reclassified or a new alternative management standard is established.

COMMENTS:

1) Purpose. According to the author:

AB 599 requires DTSC, if it proposes to reclassify wastes or adopt alternative management standards for hazardous waste, to enable local community input regarding the proposed changes to the classification of hazardous wastes or alternative management standards. If the Board of Environmental Safety adopts a Hazardous Waste Management Plan that adopts alternative management standards for hazardous waste, it's important that the communities, living near the facilities where the waste will be taken, are informed.

2) Background. SB 158 (Senate Committee on Budget), Chapter 73, Statutes of 2021, created the Board of Environmental Safety (BES) to improve DTSC's transparency, accountability, and fiscal stability. Among other things, SB 158 required DTSC to adopt a draft hazardous waste management report by March 1, 2023, and then adopt a draft hazardous waste management plan (HWMP) by March 1, 2025, and submit that draft plan to the BES. Additionally, SB 158 required the BES, before approving the final HWMP, to hold at least three public hearings to receive comments from the public on the draft plan.

On March 14, 2025, DTSC released its draft HWMP. The plan is organized into 10 goals, each with specific recommendations intended to address the challenges of California’s hazardous waste management system and strive towards the development of a circular economy. One of the recommendations in the plan is for DTSC to identify alternative management standards for certain non-Resource Conservation and Recovery Act (RCRA) hazardous wastes, including contaminated soil, while ensuring protection of public health and the environment. According to the Plan:

Alternative management standards allow for the handling of certain non-RCRA hazardous wastes under different requirements than those typically mandated for hazardous waste management. For example, California allows treated wood waste (TWW) to be disposed of at certain authorized municipal landfills in addition to Class I hazardous waste landfills. These standards can provide a protective and more sustainable approach to managing certain other wastes.

In accordance with HSC Section 25135 (d)(11)(A), DTSC will assess and make recommendations for non-RCRA wastes currently identified as hazardous in California that can be managed under alternative standards that differ from the traditional hazardous waste management requirements, while still ensuring the protection of public health and the environment.

Several steps must occur for specific non-RCRA soil to be disposed of in specific non-hazardous waste landfills. For more information about each of these steps, please see the Assembly Environmental Safety and Toxic Materials Committee analysis of this bill. As noted previously, existing law requires the BES to hold three public hearings before adopting the final HWMP. As of the writing of this analysis, the three hearings are scheduled for: March 19 and 20 in Fresno, April 24 in Berkeley, and May 15 in Los Angeles. The BES anticipates a vote to adopt the HWMP during its meetings in Sacramento on July 15 and 16.

This bill requires DTSC to enable local community input if it proposes to reclassify wastes or adopt alternative management standards for hazardous waste.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: March 25, 2025

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Damon Connolly, Chair

ABPCA Bill Id:AB 599 (

Author:Connolly) – As Introduced Ver:February 13, 2025

SUBJECT: Hazardous waste: classification and alternative management standards: notice of change

SUMMARY: Requires the Department of Toxic Substances Control (DTSC), if it proposes to reclassify wastes or adopt alternative management standards for regulated waste, to incorporate local community input regarding the proposed changes to the classification of wastes or alternative management standards.

EXISTING LAW:

1) Establishes the Resource Conservation and Recovery Act (RCRA) to authorize the United State Environmental Protection Agency to manage hazardous and non-hazardous waste throughout its life-cycle. (42 United State Code § 6901 et. seq.)

2) Creates the Hazardous Waste Control Law (HWCL), which authorizes DTSC to regulate the management of hazardous waste in California. (Health and Safety Code (HSC) § 25100 et. seq.)

3) Establishes the Board of Environmental Safety (BES) within DTSC with five voting members as follows: three members appointed by the Governor; one member appointed by the Senate Committee on Rules; and, one member appointed by the Speaker of the Assembly. (HSC § 25125).

4) Requires the BES, beginning January 1, 2022, to conduct no fewer than six public meetings per year, at least three of which shall be held outside the greater Sacramento area. (HSC § 25125.2)

5) Requires the director of DTSC, or a designee to present and respond to the BES, if requested by the BES, on any issue or item brought forward by a member of the public, the BES ombudsperson, or a BES member. (HSC § 25125.6)

6) Requires DTSC to, by March 1, 2023, and every three years thereafter, prepare and post on its internet website a hazardous waste management report (Report) that includes an analysis of available data related to hazardous waste. (HSC § 25135)

7) Requires DTSC to, by March 1, 2025, and every three years thereafter, prepare a state hazardous waste management plan (Plan) and submit it to the BES. (HSC § 25135)

8) Requires the BES, before approving the final Plan to hold at least three public hearings in various parts of the state to receive comments from the public on the draft Plan. Requires the BES and DTSC, in finalizing the Plan to consider public comments and revise the draft Plan as they deem appropriate. (HSC 25135 (e))

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author, "AB 599 requires DTSC, if it proposes to reclassify wastes or adopt alternative management standards for hazardous waste, to enable local community input regarding the proposed changes to the classification of hazardous wastes or alternative management standards. If the Board of Environmental Safety adopts a Hazardous Waste Management Plan that adopts alternative management standards for hazardous waste, it's important that the communities, living near the facilities where the waste will be taken, are informed."

California Hazardous Waste Control Law (HWCL): The HWCL is the state's program to implement and enforce federal hazardous waste law in California and to direct DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit, to do so, from DTSC. The HWCL covers the entire management of hazardous waste, from the point that hazardous waste is generated to management, transportation, and ultimately disposal of that waste into a state or federally authorized facility.

Board of Environmental Safety (BES): Senate Bill 158 (Senate Committee on Budget, Chapter 73, Statutes of 2021) created the BES to improve DTSC's transparency, accountability, and fiscal stability. The BES is comprised of 4 part-time members and one full-time member. Three of the BES members are appointed by the Governor, including the full-time BES Chair, and subject to confirmation by the Senate. The Senate and Assembly each appoint one additional member.

The BES's duties and authorities include developing a multi-year schedule to develop long-term goals for DTSC's programs; reviewing and approving the Director's priorities and adopting performance metrics; adjusting fee rates based upon changes made in the annual Budget Act; hearing and deciding hazardous waste facility permit appeals; providing opportunities for public hearings on permitted and remediation sites; conducting an analysis of DTSC's fee structure; conducting an analysis of DTSC's programs and their relationship with related programs in other agencies; and, forming advisory subcommittees on any topic, including fees and environmental justice. SB 158 also established an Office of the Ombudsperson within the BES and requires the DTSC Director and the BES Chair to appear annually before Legislative policy committees.

SB 158 required DTSC to adopt a draft hazardous waste management report by March 1, 2023, and then adopt a draft hazardous waste management plan by March 1, 2025 and submit that draft Plan to the BES. Additionally, SB 158 requires the BES, before approving the final Plan to hold at least three public hearings in various parts of the state to receive comments from the public on the draft Plan.

Hazardous Waste Management Report (Report): In July 2023, as part of its programmatic reforms, DTSC released the first Report, which presents data on the types and amounts of hazardous waste generated, transported, and disposed of in the state.

The main objectives of the first Report were to establish a baseline understanding of the management of hazardous waste in California, identify data gaps and items that require additional research, and develop plans to fill data gaps.

Below are some of the key findings from the Report:

• The majority (81%) of hazardous waste generated since 2010 meets California’s criteria for hazardous waste (non-RCRA) but not by federal criteria (RCRA);
• RCRA hazardous waste has decreased, and preliminary investigation shows a decreasing trend since at least 2000;
• Non-RCRA hazardous waste fluctuates, but preliminarily shows a decrease since 2000;
• Contaminated soil, waste, and mixed oil, and other inorganic solid waste are the top three hazardous waste streams consistently year over year and comprise about 65% of the waste generated since 2010;
• California’s criteria for identification of hazardous waste, which were created in the 1970s, may be outdated given today’s landfill regulations; and,
• Data gaps and limitations include impacts from hazardous waste generators, total capacity, onsite treatment and recycling, and full incorporation of hazardous waste data prior to 2010 for analysis.
  

The final Report was issued by DTSC in the fall of 2023.

Hazardous Waste Management Plan (Plan): On March 14, 2025, DTSC released the draft Plan. The Plan is organized into 10 goals, each with specific recommendations intended to address the challenges of California’s hazardous waste management system and strive towards the development of a circular economy. The 10 goals and a summary of the recommendations of the Plan are:

• Goal 1: Reduce environmental health impacts by promoting environmental justice initiatives.

Recommendations include incorporating the Community Considerate Cleanups (C3) Initiative, continuing the Cleanup in Vulnerable Communities Initiative, implementing DTSC’s Enforcement Strategic Plan, and conducting an analysis of generators and surrounding areas.

• Goal 2: Improve access to information.

Recommendations focus on providing technical and informational content and enhancing public participation by providing tools to diverse audiences.

• Goal 3: Identify opportunities for reduction by analyzing current waste generation and utilizing the waste management hierarchy.

Recommendations include prioritizing reduction of negative impacts to communities when evaluating options to remediate sites and analysis of incinerable and lithium-ion battery waste streams.

• Goal 4: Establish a modern waste reduction program.

Recommendations include establishing a hazardous waste reduction program administered by DTSC, researching a potential waste reduction grant program, and considering a pollution prevention program administered by the California Environmental Protection Agency.

• Goal 5: Apply financial instruments to encourage reduction in hazardous waste generation.

Recommendations support studying the possible impact of fee increases and exploring other sustainable funding frameworks for DTSC.

• Goal 6: Remain at forefront of environmental and public health protection by ensuring proper identification of hazardous waste.

Recommendations relate to adopting updated standards and evaluating existing test methods as well as evaluating non-RCRA metals and contaminants of emerging concern.

• Goal 7: Identify alternative management standards for certain non-RCRA hazardous wastes while ensuring protection of public health and the environment.

Recommendations center on evaluating non-RCRA waste streams, including evaluation and identification of alternative management standards for specific non-RCRA soil, and preparing for waste streams from lithium brine extraction.

• Goal 8: Expand research for future Hazardous Waste Management Reports and recommend ways to improve data reporting of hazardous waste.

Recommendations include revisions to waste identification and reporting requirements, plus a study of household hazardous waste.

• Goal 9: Ensure California’s generators are able to utilize all aspects of the hazardous waste management hierarchy in support of a circular economy.

Recommendations are to develop a capacity workgroup, to analyze ways to progress towards a circular economy, to review extended producer responsibility statutes, and to consider amending California’s lower tier permits for onsite treatment.

• Goal 10: Expand forecast capabilities to better anticipate the state’s capacity needs.

Recommendations include evaluating California’s ability to forecast capacity and developing solutions to any insufficiency.

Alternative management standards for certain non-RCRA wastes: Contained within Goal 7 is for DTSC to identify alternative management standards for certain non-RCRA hazardous wastes, including contaminated soil, while ensuring protection of public health and the environment. According to the Plan:

"Alternative management standards allow for the handling of certain non-RCRA hazardous wastes under different requirements than those typically mandated for hazardous waste management. For example, California allows treated wood waste (TWW) to be disposed of at certain authorized municipal landfills in addition to Class I hazardous waste landfills. These standards can provide a protective and more sustainable approach to managing certain other wastes. In accordance with HSC Section 25135 (d)(11)(A), DTSC will assess and make recommendations for non-RCRA wastes currently identified as hazardous in California that can be managed under alternative standards that differ from the traditional hazardous waste management requirements, while still ensuring the protection of public health and the environment. Implementation of alternative management can result in more waste being managed safely within the state.

Next Steps and Estimated Timeline for implementing Goal 7: Several steps must occur for specific non-RCRA soil to be disposed of in specific non-hazardous waste landfills. The first of these steps would include an allowance for the specific non-RCRA soil waste to be disposed of in specific types of landfills (e.g. composite lined portions of non-hazardous waste landfills). Currently, DTSC is working to identify the regulatory or statutory mechanism for the first step.

The next step is outside of DTSC’s authority. The State Water Resources Control Board (State Water Board) and the Department of Resources, Recycling and Recovery (CalRecycle) have authority over non-hazardous waste landfills and these entities would go through their own processes to allow the disposal of these wastes in non-hazardous waste landfills.

Lastly, [solid waste] facilities would need to opt in and decide to accept these wastes. DTSC estimates that the development of at least the first step of the alternative management standard process may be completed within the next two years.

The amount of time needed for the State Water Board and CalRecycle to go through their processes is unknown at this time and may rely on specific case-by-case considerations. In addition, it is unknown how many facilities may decide to accept these wastes over time."

BES public review and adoption of the Hazardous Waste Management Plan (Plan): Existing law, requires the BES to hold three public hearings before adopting the final Plan. As of the writing of this analysis, the BES's three hearings on the Plan are scheduled for: March 20 in Fresno, April 24 in Berkeley, and May 15 and 16 in Los Angeles. The BES is estimating a vote to adopt the Plan during its meetings in Sacramento on July 15 and 16.

This bill: AB 599 requires DTSC, if it proposes to reclassify wastes or adopt alternative management standards for hazardous waste, to enable local community input regarding the proposed changes to the classification of hazardous wastes or alternative management standards.

Related legislation:

SB 158 (Senate Budget, Chapter 73, Statutes of 2021). Mandated several policy reforms to DTSC, stabilized funding, and created the BES. Enacted fee reform by eliminating and modifying some fees, including repealing the generator fee and establishing a new generation and handling fee. Appropriated $500 million for the cleanup of contaminated sites, including giving priority for cleanup to sites where there are high environmental burdens and sensitive populations.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Josh Tooker / E.S. & T.M. /