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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