BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1125|
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                                 THIRD READING


          Bill No:  AB 1125
          Author:   Pavley (D), et al
          Amended:  9/2/05 in Senate
          Vote:     21

           
           SENATE ENV. QUALITY COMMITTEE  :  5-2, 6/27/05
          AYES:  Lowenthal, Chesbro, Figueroa, Kuehl, Simitian
          NOES:  Runner, Cox
          NO VOTE RECORDED:  Campbell, Escutia

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  48-29, 6/2/05 - See last page for vote


           SUBJECT  :    Rechargeable Battery Recycling Act

           SOURCE  :     Californians Against Waste


           DIGEST  :    This bill enacts the Rechargeable Battery  
          Recycling Act of 2006, and requires retailers of  
          rechargeable batteries, by July 1, 2006, to establish a  
          system for accepting rechargeable batteries for reuse,  
          recycling, or proper disposal.

           Senate Floor Amendments  of 9/2/05 clarify (1) the different  
          types of rechargeable batteries, (2) that if a retailer is  
          participating in an expanded recycling program that  
          encompasses rechargeable batteries, as well as  
          non-rechargeable batteries, that nothing in this chapter  
          prohibits the retailer from continuing to do so, and (3)  
                                                           CONTINUED





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          that the Department of Toxics Substance Control shall  
          survey and post only rechargeable battery data which is  
          consistent with this chapter. 
           
           ANALYSIS  :    Existing law, under the California Integrated  
          Waste Management Act of 1989, contains requirements for  
          recycling certain types of materials, including metallic  
          discards, papers, plastic trash bags, plastic packaging  
          containers, cell phones, paving materials, and waste tires.

          Under the Dry Cell Management Act prohibits the sale of any  
          rechargeable consumer product in the state unless the  
          battery is easily removable from the product, and the  
          product and battery meet certain labeling requirements.   
          The Act also sets limitations on the amount of mercury in  
          batteries.

          This bill enacts the Rechargeable Battery Recycling Act of  
          2006.  The provisions are as follows:

          1.Requires every retailer of rechargeable batteries sold in  
            the state, on and after July 1, 2006, to have a system  
            for accepting and collecting used rechargeable batteries  
            for reuse, recycling, or proper disposal (a retailer is  
            not subject to this requirement if the rechargeable  
            batteries are contained in, or packaged with, a battery  
            operated device).  The system must include certain  
            elements (e.g., a no cost take-back, providing  
            information to consumers about recycling opportunities).

          2.Provides that it is unlawful to sell a rechargeable  
            batter to a consumer in this state unless the retailer of  
            that battery complies with the Act.

          3.Requires the Department of Toxic Substances Control  
            (DTSC), on or before July 1, 2007, and each July 1  
            thereafter, to post on its web site an estimated state  
            recycling rate for hazardous rechargeable batteries.

          4.Provides definitions and related legislative intent.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No








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           SUPPORT  :   (Verified  9/2/05)

          Californians Against Waste (source)
          American Federation of State, County and Municipal  
          Employees
          Azusa California Alliance for Consumer Protection
          California League of Conservation Voters,
          Cities of Concord, Maywood, Pico Rivera, San Fernando, San  
            Francisco, San Pablo, and Sebastopol
          Central Contra Costa Solid Waste Authority
          Clean Water Action
          Environment California
          Planning and Conservation League
          Santa Cruz County Board of Supervisors
          Sierra Club
          ToxCo

           ARGUMENTS IN SUPPORT  :    Supporters generally note that a  
          battery take-back and recycling system is needed to reduce  
          the illegal disposal of hazardous waste in landfills, and  
          believe that this bill provides a "convenient, no-cost  
          method for consumers to ensure the safe and environmentally  
          sound disposal of [batteries]."

           ARGUMENTS IN OPPOSITION  :    The Portable Rechargeable  
          Battery Association (PTBA) is concerned with the DTSC  
          requirement to estimate an annual recycling rate for  
          rechargeable batteries.  PRBA asserts that "there is no  
          accurate, or even estimated, methodology, to generate a  
          denominator for a recycling rate calculation" and  
          recommends a "weight-based calculation."  
           

           ASSEMBLY FLOOR  : 
          AYES:  Arambula, Baca, Bass, Berg, Bermudez, Calderon,  
            Canciamilla, Chan, Chavez, Chu, Cohn, Coto, De La Torre,  
            Dymally, Evans, Frommer, Goldberg, Hancock, Harman,  
            Jerome Horton, Jones, Karnette, Klehs, Koretz, Laird,  
            Leno, Levine, Lieber, Liu, Matthews, Montanez, Mullin,  
            Nation, Nava, Negrete McLeod, Oropeza, Parra, Pavley,  
            Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico, Umberg,  
            Vargas, Wolk, Yee, Nunez
          NOES:  Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,  
            Daucher, DeVore, Emmerson, Garcia, Haynes, Shirley  







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            Horton, Houston, Huff, Keene, La Malfa, La Suer, Leslie,  
            Maze, McCarthy, Mountjoy, Nakanishi, Niello, Plescia,  
            Sharon Runner, Spitzer, Strickland, Tran, Walters, Wyland
          NO VOTE RECORDED:  Gordon, Richman, Villines


          CTW:cm  9/2/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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