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)
CONTINUED
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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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