BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1125
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          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
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          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
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            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               








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