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:  8/31/10 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 Department of  
          Resources Recycling and Recovery 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 bill.

          5. Requires, on or before April 1, 2010, manufacturers or  
             designate stewardship organization to submit an  
             architectural pint stewardship plan to the Department of  
             Resources Recycling and Recovery (DRRR) demonstrating  
             sufficient funding for the program.
           
          6. Provides for a funding mechanism to cover the costs of  
             the architectural paint stewardship program.
           
          7. Specifies what the plan is to address and what it shall  
             include.
           
          8. Requires DRRR to impose fees sufficient to cover the  
             costs of administering this bill's provisions.
           
          9. Provides that DRRR may impose civil penalties on a  
             person who violates these provisions in an amount of up  







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             to $1,000 per violation per day, and up to $ 10,000 on a  
             person who intentionally, knowingly, or negligently  
             violates these provisions.
           
          10.Establishes the Paint Recovery Account and the Paint  
             Recovery Penalty Subaccount within the Integrated Waste  
             Management Fund.
           
          11.Requires a manufacturer, on or before July 1, 2013, and  
             annually thereafter, to report to DRRR describing its  
             architectural paint recovery efforts.

          12.Adds an anti-trust exemption.

           Comments  
          
          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  







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          Appropriations Committee.)

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

           SUPPORT  :   (Unable to verify at time of writing)

          Californians Against Waste (source)
          Ace Hardware
          California Paint Council
          California Product Stewardship Council
          California Retailers Association
          Central Contra Costa Sanitary District
          Cities of Cupertino, San Diego, and Sunnyvale
          City and County of San Francisco
          County of Tuolumne
          Diamond Vogel Paint Company
          Dunn-Edwards Corporation
          Ecology Action of Santa Cruz
          Humboldt Waste Management Authority
          Kelly-Moore Paint Co., Inc.
          National Paint and Coatings Association
          Marin County Hazardous and Solid Waste Management Joint  
            Powers Authority
          PPG Architectural Finishes, Inc.
          San Luis Obispo County Integrated Waste Management  
          Authority
          Santa Clara County Board of Supervisors
          Sierra Club California
          Solid Waste Association of North America
          Sonoma County Waste Management Agency
          Waste Management
          West Contra Costa Integrated Waste Authority 


           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,  







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            Bass
          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  8/31/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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