BILL NUMBER: AB 1776 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Obernolte
FEBRUARY 3, 2016
An act to amend Section 25113 of, and to add Section
25150.88 to, the Health and Safety Code, relating to hazardous waste.
271 of the Code of Civil Procedure, relating to
courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1776, as amended, Obernolte. Hazardous waste:
disposal: exemption. Court transcripts: electronic
form.
Existing law authorizes a court, party, or other person entitled
to a transcript to request that it be delivered in computer-readable
form, except as specified. Existing law requires that a copy of the
original transcript be delivered in computer-readable form upon
request if the proceedings were produced utilizing computer-aided
transcription equipment, as specified.
This bill would authorize the electronic delivery of transcripts
to an appellate court unless the court requests the transcript in
paper form.
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
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. A violation of
the state's hazardous waste control laws is a crime.
This bill would authorize the department to adopt regulations to
establish an alternate standard for the management of sport shooting
range hazardous waste. Since a violation of the regulations adopted
by the department would be a crime, the bill would impose a
state-mandated local program. Until the department adopts those
regulations, the 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
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, 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 271 of the Code of
Civil Procedure is amended to read:
271. (a) Any A court, party, or
other person entitled to a transcript may request that it be
delivered in computer-readable form, except that an original
transcript shall be on paper. A copy of the original transcript
ordered within 120 days of the filing or delivery of the transcript
by the official reporter or official reporter pro tempore shall be
delivered in computer-readable form upon request if the proceedings
were produced utilizing using
computer-aided transcription equipment.
(b) Except as modified by standards adopted by the Judicial
Council, the computer-readable transcript shall be on disks in
standard ASCII code, unless otherwise agreed by the reporter and the
court, party, or other person requesting the transcript. Each disk
shall be labeled with the case name and court number, the dates of
proceedings contained on the disk, and the page and volume numbers of
the data contained on the disk. Except where
when modifications are necessary to reflect corrections of a
transcript, each disk as produced by the official reporter shall
contain the identical volume divisions, pagination, line numbering,
and text of the certified original paper transcript or any portion
thereof. Each disk shall be sequentially numbered within the series
of disks.
(c) A transcript may be delivered electronically to an appellate
court unless the court requests the transcript in paper form.
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) (A) 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, 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.
(B) 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).
(C) 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.
(D) This paragraph shall become inoperative when the department
adopts regulations pursuant to Section 25150.88.
(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.
SEC. 2. Section 25150.88 is added to the Health
and Safety Code, to read:
25150.88. (a) The department may adopt regulations to establish
an alternate standard for the management of sport shooting range
hazardous waste 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.
(b) 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.
SEC. 3. 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.