SB 404 California Senate · 2025-2026 Regular Session

Hazardous materials: metal shredding facilities.

Summary
Existing law authorizes the Department of Toxic Substances Control (DTSC) , in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, to adopt regulations to establish management standards for metal shredding facilities for hazardous waste management activities within the DTSC's jurisdiction, as provided. Existing law provides that treated metal shredder waste that is managed in accordance with those regulations is deemed to be solid waste, and not hazardous waste, as provided. This bill would repeal those provisions. The bill would establish a comprehensive scheme for the regulation of metal shredding facilities that would be administered by the DTSC pursuant to authority separate from laws governing the control of hazardous waste. The bill would prohibit an owner or operator from operating a metal shredding facility, as defined, in the state unless they have a permit from the DTSC or are deemed to have a permit. The bill would prescribe the requirements for obtaining a permit, for being deemed to have a permit, for operating a metal shredding facility, and for transporting certain materials related to metal shredding, as specified. The bill would require, before a decision is made to approve or deny the application, the DTSC to hold a public meeting, as provided. The bill would require the department to take final action on a permit application by an existing facility within 3 years, as provided. The bill would require the department to post on its internet website general information about each metal shredding facility that has applied for or obtained a permit, and to conduct at least one site visit to the applicant's facility after receipt of the permit application. The bill would provide that certain materials related to metal shredding are not hazardous waste if they meet specified requirements. The bill would require any report required to be submitted by a metal shredding facility pursuant to a permit issued to be signed by the owner or operator and certified under penalty of law, including criminal penalties, as specified. The bill would require the DTSC to have primary responsibility for enforcing these provisions, would require the DTSC to conduct an annual compliance evaluation inspection of each metal shredding facility, and would authorize the DTSC to refer violations to a district attorney or the Attorney General for prosecution. The bill would also require the DTSC to inform the local health officer and the director of environmental health of a county, city, or district within 15 days after the DTSC becomes aware of any unlawful disposal of materials, as provided, and of any enforcement action against a metal shredding facility as a result of that unlawful disposal. Because the bill would expand the scope of a crime, the bill would impose a state-mandated local program. The bill would require an owner or operator of a metal shredding facility to report to the DTSC certain emergency situations, as specified. The bill would require an owner or operator of a metal shredding facility to submit to the DTSC a closure plan and a cost estimate for closing the metal shredding facility, as specified. The bill would also require the owner or operator of a metal shredding facility to provide written notice to the department at least 60 days before transferring ownership or operation of the facility. The bill would authorize the DTSC to enforce these provisions by revoking permits and by other specified means. The bill would authorize the DTSC to adopt regulations for the operation of metal shredding facilities as necessary to implement the requirements of the bill. The bill would require the DTSC to post information provided by owners and operators regarding a metal shredding facility on the department's internet website in a manner that is readily accessible to the public, except as otherwise required pursuant to existing law. Existing law authorizes the DTSC to collect an annual fee from all metal shredding facilities subject to the requirements of hazardous waste control laws or the DTSC's management standards for metal shredding facilities, as provided. Existing law requires the DTSC to adopt regulations necessary to administer the fee and authorizes the DTSC to adopt those regulations using emergency procedures, as provided. Existing law requires the Controller to establish a separate subaccount in the Hazardous Waste Control Account and for all fees collected to be placed into that subaccount, to be available for expenditure by the DTSC upon appropriation by the Legislature. This bill would instead require the DTSC to impose an annual fee on all metal shredding facilities subject to the provisions of this bill, as specified. The bill would require, beginning in the 2026–27 fiscal year, the rates established by the DTSC to be reviewed and increased or decreased annually, as provided. The bill would require the DTSC to adopt regulations necessary to administer the fee and would authorize the DTSC to adopt the regulations using emergency procedures, as specified. The bill would require a person who applies for a metal shredding facility permit to enter into a written agreement with the department pursuant to which that person would be required to reimburse the department for the direct costs reasonably incurred by the department in processing the application, as provided. The bill would require the Controller to establish a new and separate Metal Shredding Facility subaccount to be administered by the Director of Toxic Substances Control and would require all fees collected to be placed into that subaccount and made available for expenditure by the DTSC solely for the purpose of implementation and administration of these provisions, upon appropriation by the Legislature. Existing law requires the DTSC to require metal shredding facilities to monitor hazardous waste constituents requested by the DTSC and to report the results of that monitoring to the DTSC. Existing law also requires the DTSC to collect and analyze light fibrous material at the fence lines to determine the potential for release of hazardous waste. Existing law requires, on or before July 1, 2027, the DTSC to develop a procedure for community notification of the public for the area in which the metal shredding facility is located if that monitoring indicates any release of light fibrous material. In addition, existing law requires, on or before January 1, 2027, an air pollution control district or an air quality management district the jurisdiction of which includes metal shredding facilities, in consultation with the DTSC and the Office of Environmental Health Hazard Assessment (OEHHA) , to develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities. Existing law authorizes any reasonable regulatory costs incurred by the DTSC in implementing, and requires that the OEHHA's costs to implement, the above-described duties be reimbursed from a subaccount established in the Hazardous Waste Control Account for the deposit of fees from metal shredding facilities. This bill would limit the scope of those provisions to metal shredding facilities that are subject to the other provisions of the bill and would provide for the reimbursement of those costs from the Metal Shredding Facility Subaccount. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Jun 2025
Senate Passage
May 2025
Assembly Passage
Sep 2025
Vetoed
Mar 2026
Introduced Feb 14, 2025 Vetoed Mar 2, 2026
Maddy AI version diff · 9 comparisons

What changed between versions

09/03/25 - Amended Assembly 09/04/25 - Amended Assembly · 6 edits · Sep 4, 2025
MODERATE
The September 4 amendment to SB 404 makes several clarifying and corrective changes to the metal shredding facility regulatory framework. Most significantly, it removes the defined term 'ancillary hazardous waste' and broadens Section 25095.3 so that DTSC or unified program agencies may regulate all hazardous waste (not just ancillary hazardous waste) generated at metal shredding facilities under existing hazardous waste laws. It also narrows the offsite transportation plan requirement to cover only metal shredder aggregate rather than both aggregate and residue.
DEFINITION

The definition of 'ancillary hazardous waste' (hazardous waste generated at the facility other than metal shredder residue managed under this chapter) is removed from Section 25095.1, and all subsequent definitions are renumbered.

SCOPE

Section 25095.3 is changed from allowing DTSC or unified program agencies to regulate 'ancillary hazardous waste' at metal shredding facilities to regulating 'hazardous waste' more broadly, removing the limiting qualifier and expanding the scope of existing hazardous waste authority over these facilities.

REQUIREMENT

Section 25095.10(b)(2)(L) narrows the offsite transportation plan requirement from covering 'metal shredder aggregate and metal shredder residue' to only 'metal shredder aggregate,' reducing what owners must describe about offsite shipments.

TECHNICAL

Section 25095.4 corrects the predecessor agency name from 'State Department of Health Services' to 'State Department of Health Care Services.'

Section 25095.5 changes the phrase 'metal shredding processing operations' to 'metal processing operations' to align with the defined term used throughout the chapter.

The bill title corrects a duplication error, changing 'Section 25117 Sections 25117, 25150.87, and 41514.6' to 'Sections 25117, 25150.87, and 41514.6.'

Floor votes · Senate May 29, 2025 · Assembly Sep 13, 2025

How they voted

360
Passed · 4 other
Total votes 40
May 29, 2025
D Democratic30
27 Yea 3
90% Yea
R Republican10
9 Yea 1
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
38
Key actions
15
Committee
4
Amendments
12
Mar 2, 2026
Vetoed
Veto sustained.
upper
Oct 13, 2025
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Oct 13, 2025
Vetoed
Vetoed by the Governor.
upper
Sep 13, 2025
Assembly · Passed
Assembly Vote: pass (64-1-14)
assembly
Sep 13, 2025
Upper · Passed
Assembly amendments concurred in. (Ayes 35. Noes 0. Page 3034.) Ordered to engrossing and enrolling.
upper
Sep 13, 2025
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 12, 2025
Lower · Passed
Read third time. Passed. (Ayes 65. Noes 1. Page 3426.) Ordered to the Senate.
lower
Sep 4, 2025
Lower · Passed
Read third time and amended.
lower
Sep 3, 2025
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Sep 2, 2025
Lower · Passed
From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).
lower
Jul 17, 2025
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 16, 2025
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 15).
lower
Jul 7, 2025
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S & T.M.
lower
Jun 5, 2025
Committee
Referred to Com. on E.S & T.M.
lower
May 29, 2025
Upper · Passed
Read third time. Passed. (Ayes 36. Noes 0. Page 1337.) Ordered to the Assembly.
upper
May 23, 2025
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 23, 2025
Upper · Passed
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1199.) (May 23).
upper
Apr 22, 2025
Committee
Re-referred to Com. on APPR.
upper
Apr 21, 2025
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Apr 3, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 634.) (April 2). Re-referred to Com. on JUD.
upper
Mar 24, 2025
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.
upper
Feb 26, 2025
Committee
Referred to Coms. on E.Q. and JUD.
upper
Feb 14, 2025
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 6 co-sponsors

Sponsors