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SCAP ALERT

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TO: SCAP Member Agencies

FROM: Raymond C. Miller, Executive Director

DATE: April 25, 2005

Amendments to SB 926 (Florez)

Diane Gilbert, Chair of the SCAP Biosolids Committee, has provided the attached copy of Senate Bill 926 (Florez) as amended. The Bill has been amended to address only Kern County and also has a co-introducer and co-authors supporting the Bill.

SCAP is continuing to oppose this Bill (and encourages our member agencies to submit letters of opposition) as it could set a precedent allowing counties to restrict products they don't like from crossing county boundaries and also interferes with the ability to transport goods and services across county boundaries.

(Amended Senate Bill No 926 to follow)

AMENDED IN SENATE APRIL 21,2005 AMENDED IN SENATE APRIL 18,2005 AMENDED IN SENATE APRIL 4,2005
SENATE BILL	No.926

Introduced by Senator Florez Senators Florez and Perata (Principal coauthors:Senators Escutia and Migden) (Principal coauthor:Assembly Member McCarthy) February 22,2005

An act to add Section 40065 to the Public Resources Code,relating to sewage sludge. LEGISLATIVE COUNSEL 'S DIGEST SB 926,as amended,Florez.Sewage sludge management. Existing law,the California Integrated Waste Management Act of 1989,imposes requirements with respect to solid waste management and solid waste disposal facilities.That act defines solid waste to include dewatered,treated,and chemically fixed sewage sludge that is not a hazardous waste.Existing law,the Porter-Cologne Water Quality Control Act,requires the State Water Resources Control Board or the California regional water quality control boards to prescribe general waste discharge requirements for agronomic applications of that sludge and the use of that sludge as a soil amendment or fertilizer.Existing law also regulates agricultural products derived from municipal sewage sludge as a fertilizer. This bill would prohibit a local public agency from importing sewage sludge that is generated by a local public agency in another county of the state.The bill would also prohibit a person from importing sewage sludge into Kern County. The bill would make legislative findings and declarations regarding the inapplicability of a

SB 926	- 2 -
general statute within the meaning of Section 16 of Article IV of the California Constitution. Vote: majority.Appropriation: no.Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. The Legislature hereby finds and declares all of 2 the following: 3 (a) All sewage treatment produces biosolids,which are also 4 known as treated sewage sludge.Many municipalities desire to 5 reuse the biosolids despite the fact that biosolids can also contain 6 heavy metals,pathogens,synthetic organic compounds,and other 7 pollutants. 8 (b) Not only have there been no safety standards established 9 for the vast majority of pollutants found in biosolids,but federal 10 and state regulations also do not require biosolids to even be 11 tested for the presence of these pollutants.As a result,there is 12 incredible uncertainty that public health is being protected.In 13 fact,various cases of sickness from burning eyes and lungs to 14 gastrointestional,skin,and respiratory infections have been 15 reported in people who have had recent exposure to biosolids. 16 (c) The United States Environmental Protection Agency and a 17 federal court of appeals have acknowledged that there is no 18 scientific consensus on the safety of land applied sewage sludge. 19 (d) Groundwater supplies are an invaluable resource for urban, 20 rural,and agricultural uses throughout the state.The land 21 application of biosolids has the potential to contaminate 22 irreplaceable groundwater supplies. 23 (e) Finding a reuse for sewage sludge should not produce more 24 pollution and health risks than disposal,especially if these 25 impacts are imposed upon a community outside of the county in 26 which the sludge was produced 27 (f) Congress,through the Clean Water Act,provides for local 28 control over the use and disposal of sewage sludge as long as 29 federal standards are met.And,according to a state appellate 30 court case,where state or local governmental action is 31 authorized by Congress,that state or local governmental action 32 is not subject to the constraints of the "dormant" Commerce 33 Clause of the United States Constitution.

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1 (g) Because of the health and environmental risks,the 2 potential for water pollution,and the many unknowns about the 3 content of biosolids,counties should bear the responsibility of 4 managing the biosolids that they generate within their own 5 jurisdictional boundaries so that no county is unfairly burdened 6 with another county ’s sewage waste. 7 SEC.2. Section 40065 is added to the Public Resources 8 Code,to read: 0 40065. (a) Notwithstanding any other provision of law,on 10 and after January 1,2006,no local public agency may import 11 sewage sludge that is generated by a local public agency in 12 another county of the state. 13 (b) 40065. Notwithstanding any other provision of law,on 14 and after January 1,2006,no person shall import sewage sludge 15 into Kern County. 16 SEC.3. The Legislature finds and declares that this act, 17 which is applicable only to Kern County,is necessary because of 18 the unique and special problems associated with the importation 19 of sewage sludge into that county.It is,therefore,hereby 20 declared that a general law within the meaning of Section 16 of 21 Article IV of the California Constitution cannot be made 22 applicable to that county and the enactment of this special law is 23 necessary for the control of sewage sludge for the public good.