House Bill 5953 Summary

• Establishes definitions and regulatory framework for "beneficial use by-products" and "inert materials" that can be used without solid waste licensing requirements, including coal/wood ash, foundry sand, cement kiln dust, and various industrial byproducts.

• Creates section 11551 establishing requirements for beneficial use by-products, including that materials must not be hazardous waste, must be used within reasonable timeframes (3 years storage or 50% used within 4 years), and must be stored and transported to prevent dispersal and contamination.

• Adds section 11552 allowing any person to request department approval of materials or uses as beneficial use by-products, with 150-day review period and appeal process to a response activity review panel for technical/scientific disputes.

• Modifies liability provisions in section 20126 to exclude persons who store or use beneficial use by-products or inert materials in compliance with part 115, and clarifies liability exemptions for lenders, government entities, and certain property owners.

• Requires owners/operators acquiring facilities on or after June 5, 1995 to conduct baseline environmental assessments within 45 days of purchase/occupancy and submit results to the department within 6 months to avoid liability for existing contamination.