BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1343|
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THIRD READING
Bill No: AB 1343
Author: Huffman (D), et al
Amended: 7/13/09 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 7/6/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
ASSEMBLY FLOOR : 48-29, 6/2/09 - See last page for vote
SUBJECT : Solid waste: architectural paint: recovery
program
SOURCE : Californians Against Waste
DIGEST : This bill establishes the architectural paint
recovery program and enforced by the California Integrated
Waste Management Board for recycling and reuse purposes for
the number one source of household waste.
ANALYSIS :
Existing law:
1. Establishes the Mercury Thermostat Collection Act of
2008 that sets forth a program for manufacturers of
mercury-containing thermostats to manage the waste
thermostats. (Section 25214.8.10 et seq. of the Health
and Safety Code)
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2. Requires every retailer of cell phones sold in this
state shall have in place a system for the acceptance
and collection of used cell phones for reuse, recycling,
or proper disposal. (Section 42494 of the Public
Resources Code)
3. Establishes the Rechargeable Battery Recycling Act of
2006 that requires every retailer to have in place a
system for the acceptance and collection of used
rechargeable batteries for reuse, recycling, or proper
disposal (Section 42453 of the Public Resources Code)
4. Establishes the Electronic Waste Recycling Act, overseen
by the California Integrated Waste Management Board
(CIWMB) in partnership with the Department of Toxic
Substances Control (DTSC), to collect and recycle
electronic waste (Section 42460 et seq. of the Public
Resources Code and Section 25214.10 et seq. of the
Health and Safety Code)
5. Prohibits the disposal of liquid latex paint in the land
or into the waters of the state unless authorized by
applicable provisions of law. (Section 25217.1 of the
Health and Safety Code)
6. Allows for management, storage and transportation of
latex paint for recycling as described. (Sections
25217.3 and 25217 of the Health and Safety Code)
7. Prohibits the disposal of hazardous waste, including
most oil-based paints, in a solid waste landfill.
8. Authorizes the Air Resources Board and local air
districts to adopt and enforce rules regarding
architectural paints or coatings, including achieving a
feasible reduction in volatile organic compounds emitted
by the architectural paint or coating. (Section 40916
of the Health and Safety Code)
9. Requires state agencies to use recycled latex paint with
at least 50 percent postconsumer recycled content.
(Section 12209 of the Public Contract Code)
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This bill:
1. Makes findings and declarations regarding the management
of post consumer architectural paint.
2. Establishes the Architectural Paint Recovery Program
(Program) and states the purpose of the Program is to
require paint manufacturers to develop and implement a
program to manage paint and reduce the costs and
environmental impacts of postconsumer paint in
California.
3. Requires manufacturers of architectural paint,
individually or through a stewardship organization,
submit an architectural paint stewardship plan to the
CIWMB to develop and implement a recovery program to
reduce the generation of postconsumer architectural
paint, promote the reuse of postconsumer architectural
paint, and manage the end-of-life of postconsumer
architectural paint, in an environmentally sound
fashion, including collection, transportation,
processing, and disposal.
4. Prohibits manufacturers or retailers from selling
architectural paint in this state unless the
manufacturer is in compliance with the new chapter.
5. Requires the CIWMB, on July 1, 2011, and on January 1
and July 1 annually thereafter, to post a notice on its
Internet website listing manufacturers that are not in
compliance with this chapter and requires a wholesaler
or a retailer that distributes or sells architectural
paint shall monitor CIWMB's website to determine if the
sale of a manufacturer's architectural paint is in
compliance with this chapter.
6. Requires, on or before January 1, 2011, a manufacturer
or designated stewardship organization shall submit an
architectural paint stewardship plan to the CIWMB. The
plan shall:
A. Demonstrate sufficient funding for the
architectural paint stewardship program as described
in the plan, including a funding mechanism for
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securing and dispersing funds to cover
administrative, operational, and capital costs,
including the assessment of charges on architectural
paint sold by manufacturers in this state.
(1) The funding mechanism shall provide for an
architectural paint stewardship assessment for
each container of architectural paint sold by
manufacturers in this state and the assessment
shall be remitted to the stewardship organization,
if applicable.
(2) The architectural paint stewardship
assessment shall be added to the cost of all
architectural paint sold to California retailers
and distributors, and each California retailer or
distributor shall add the assessment to the
purchase price of all architectural paint sold in
the state.
(3) The architectural paint stewardship
assessment shall be approved by the board as part
of the plan, and shall be sufficient to recover,
but not exceed, the cost of the architectural
paint stewardship program.
B. Address the coordination of the architectural
paint stewardship program with local household
hazardous waste programs, including contracting for
the costs for architectural paint collected by the
household hazardous waste programs, where practical.
C. Include goals established by the manufacturer or
stewardship organization to reduce the generation of
postconsumer paint, to promote the reuse of
postconsumer paint, including recovery and recycling
of postconsumer paint, as practical, based on current
household hazardous waste program information. The
goals may be revised by the manufacturer or
stewardship organization based on the information
collected for the annual report.
D. Include consumer, contractor, and retailer
education and outreach efforts to promote the source
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reduction and recycling of architectural paint. This
information may include, but is not limited to,
developing, and updating as necessary, educational
and other outreach materials aimed at retailers of
architectural paint. These materials shall be made
available to the retailers.
7. Requires, on or before July 1, 2011, or two months after
a plan is approved, the manufacturer or stewardship
organization to implement the architectural paint
stewardship program described in the approved plan.
8. Requires the CIWMB to review and approve the
architectural paint stewardship plan within 90 days of
receipt. A plan not acted upon by the board within 90
days shall be deemed adopted.
9. Requires, by July 1, 2012, and each year thereafter, a
manufacturer of architectural paint sold in this state
shall, individually or through a representative
stewardship organization, submit a report to the CIWMB
describing its architectural paint recovery efforts. At
a minimum, the report shall include all of the
following:
A. The total volume of architectural paint sold in
this state during the preceding calendar year.
B. The total volume of postconsumer architectural
paint recovered in this state during the preceding
calendar year.
C. A description of methods used to collect,
transport, and process postconsumer architectural
paint in this state.
D. The total cost of implementing the architectural
paint stewardship program.
E. An evaluation of how the architectural paint
stewardship program's funding mechanism operated.
F. Examples of educational materials that were
provided to consumers the first year and any changes
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to those materials in subsequent years.
10.Requires the CIWMB to review the annual report required
within 90 days of receipt shall adopt a finding of
compliance or noncompliance with the provisions of this
chapter and to enforce this chapter. The board shall
enforce this chapter.
11.The stewardship organization shall pay the board
administrative fees in the amount of ____ dollars
($____) when the plan is submitted for review and
approval and thereafter an annual administrative fee of
0.05 percent of the architectural paint stewardship
program costs as reported in the plan.
12.Establishes that a civil penalty may be administratively
imposed by the CIWMB on any person who violates this
chapter in an amount of $1,000 for each violation and
for any person who intentionally, knowingly, or
negligently violates this chapter may be assessed a
civil penalty by the CIWMB of up to $10,000 for each
violation.
13.Requires any penalties collected by the board shall be
used to offset the cost of the review and approval
architectural paint stewardship plans and annual reports
and of enforcement activities.
14.States that any action taken by a manufacturer or
representative stewardship organization regarding the
cost recovery system or the collecting, transporting, or
processing of postconsumer architectural paint, pursuant
to the requirements of this chapter and only to the
extent necessary to plan and implement the cost recovery
system, collection system, or recycling system, is not a
violation of the Cartwright Act (Chapter 2 (commencing
with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), the Unfair Practices Act
(Chapter 4 (commencing with Section 17000) of Part 2 of
Division 7 of the Business and Professions Code), or any
other state law relating to antitrust, regulation of
trade, or regulation of commerce.
Comments
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Both latex and oil-based paints are considered hazardous
waste in California, making their disposal in a solid waste
landfill prohibited. Paint contains resins, solvents,
pigments, and additives. While latex paint is less
hazardous than oil-based, its ingredients are hazardous to
public health and the environment. Paint should not be
allowed to "dry out" for disposal, or poured down storm
drains or into the sewer system. According to CIWMB,
postconsumer paint is the largest source of household
hazardous waste in California. In the 2007-08 fiscal year,
2.4 million gallons of postconsumer paint was collected,
comprising 29 percent of household hazardous waste.
Management of this paint costs local governments
approximately $6-8 per gallon, for a total estimated cost
of $14-18 million annually. According to the author's
office, only five percent of households in California use
local household hazardous waste programs.
NOTE: Please refer to the Senate Environmental Quality
Committee analysis for background information on
product stewardship and the extended producer
responsibility programs.
Related legislation . AB 283 (Chesbro), 2009-10 Session,
creates the California Product Stewardship Act to establish
an extended producer responsibility framework that
encourages producers to be comprehensively responsible for
the life cycle of their products. (In the Assembly
Appropriations Committee.)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Coto, Davis, De La Torre, De Leon, Eng, Evans, Feuer,
Fong, Fuentes, Galgiani, Hall, Hayashi, Hernandez, Hill,
Huffman, Jones, Krekorian, Lieu, Bonnie Lowenthal, Ma,
Mendoza, Monning, Nava, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Saldana, Skinner,
Solorio, Swanson, Torlakson, Torres, Torrico, Yamada,
Bass
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NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, DeVore, Duvall, Fletcher,
Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey, Huber,
Jeffries, Knight, Logue, Miller, Nestande, Niello,
Nielsen, Silva, Smyth, Audra Strickland, Tran, Villines
NO VOTE RECORDED: Block, Emmerson, Furutani
TSM:mw 7/22/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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