BILL ANALYSIS AB 1125 Page 1 ASSEMBLY THIRD READING AB 1125 (Pavley) As Introduced February 22, 2005 Majority vote ENVIRONMENTAL SAFETY 5-2 APPROPRIATIONS 12-6 ----------------------------------------------------------------- |Ayes:|Ruskin, Chu, De La Torre, |Ayes:|Chu, Bass, Berg, Mullin, | | |Goldberg, Pavley | |Karnette, Klehs, Leno, | | | | |Nation, Oropeza, | | | | |Ridley-Thomas, Saldana, | | | | |Yee | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Tran, Strickland |Nays:|Sharon Runner, Calderon, | | | | |Emmerson, Haynes, | | | | |Nakanishi, Walters | ----------------------------------------------------------------- SUMMARY : Requires every retailer of household batteries to take back used batteries for reuse, recycling, or proper disposal, at no cost to the customer. Specifically, this bill : 1)Defines "household battery" for purposes of the Household Battery Recycling Act of 2006 (Act). A household battery does not include lead-acid batteries such as car batteries. 2)Requires that beginning February 1, 2006, every retailer of household batteries to take back used batteries for reuse, recycling, or proper disposal, at no cost to the customer. 3)Requires the Department of Toxic Substances Control (DTSC) to post an estimated household battery recycling rate on its Web site annually beginning February 1, 2007. 4)Requires state agencies that purchase household batteries to require bidders to certify that it and its subsidiaries, joint ventures, and subcontractors have complied with the Act as a requirement for bid eligibility. If state a contractor violates the Act the contract shall be voided and the contractor ineligible to bid on state contracts for three years. EXISTING LAW , under DTSC's Universal Waste Rule, prohibits disposal of household batteries in solid waste landfills but provides a temporary exemption, which expires February 8, 2006, AB 1125 Page 2 for non-rechargeable household batteries. After the exemption expires, all household batteries in California must be recycled or properly discarded. FISCAL EFFECT : According to the Assembly Committee on Appropriations analysis: 1)Moderate costs, perhaps $250,000 annually starting in fiscal year (FY) 2006-07, to DTSC to inspect retailers to ensure compliance with the household battery recycling requirements, to enforce the sales ban on retailers who do not comply, and to calculate and post household battery recycling rates. (Hazardous Waste Control Account (HWCA).) 2)Minor statewide costs, probably less than $50,000 annually starting in FY 2006-07, to state agencies required to mandate bidders for household battery purchases certify they comply with the household battery recycling requirements. (General Fund and various special funds.) COMMENTS : 1)The author believes that the current low rate of household battery recycling can be improved by offering consumers convenient opportunities to recycle. By compelling the tens of thousands of retailers who sell household batteries to provide customers with a free drop-off spot at their stores and to provide buyers with information on recycling opportunities, the author hopes to boost household battery recycling rates and to divert a larger number of these batteries from solid waste landfills. 2)According to DTSC, while household batteries represent just 1% of the waste stream, they are a concentrated source of heavy metals. For example, Ni-Cd batteries accounted for 75% of the toxic cadmium found in land fills. In addition batteries contain other constituents of concern such as lead, zinc and mercury. In addition to being a known carcinogen, cadmium exposure can cause lung and kidney damage and may cause immunosuppressant and hypertension. Lead exposure can cause premature births, smaller babies, decreased mental ability in the infant, learning difficulties, and reduced growth in young children. Zinc is a trace element that is essential for human health. When people absorb too little zinc they can experience a loss of appetite, decreased sense of taste and smell, slow wound healing and skin sores. However, too much zinc can still AB 1125 Page 3 cause health problems, such as stomach cramps, skin irritations, vomiting, nausea and anemia. Very high levels of zinc can damage the pancreas and disturb the protein metabolism, cause arteriosclerosis, and can cause respiratory disorders. Exposure to high levels of mercury can permanently damage the brain, kidneys, and developing fetus. When zinc contaminates groundwater, it can harm crops that use that water as many plants are zinc intolerant. 3)According to a 2002 report published by the California Integrated Waste Management Board, over 507 million household batteries were sold in California in 2001, with only 0.55% of these batteries being recycled. According to the author, less than 5% of rechargeable batteries and less than 1% of other batteries are being recycled each year. Current law prohibits disposal of batteries in landfills but a temporary exemption, which expires on February 8, 2006, was granted for non-rechargeable household batteries. The goal of this bill is to build on existing free retailer based recycling programs already in place at several thousand retail locations throughout California. Even with the thousands of locations to recycle rechargeable batteries, most people do not utilize them, presumably because they forget or because it is not convenient. Having a recycling center at every store that sells batteries would make recycling all batteries as easy as remembering to bring your spent batteries with you when you go grocery shopping. The added convenience combined with the signage required by this bill will assist the public in complying with the law when the exemption expires early next year. 4)Opponents of this bill raised arguments about whether non-rechargeable batteries cause harm to the environment or human health. Given that current law already requires all batteries to be recycled beginning in 2008, this issue has already been decided by the legislature and state agencies. However, some retailers are concerned about having to make space available in their stores for a secure household battery recycling container and about being saddled with the costs of properly discarding spent batteries. This bill gives retailers the option to have a household recycling mechanism in place by February 1, 2006 or to discontinue selling household batteries. Analysis Prepared by : Heather A. Halsey/ E.S. & T.M. / (916) 319-3965 AB 1125 Page 4 FN: 0010683