BILL ANALYSIS
AB 1343
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1343 (Huffman)
As Amended August 31, 2010
Majority vote
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|ASSEMBLY: |48-29|(June 2, 2009) |SENATE: |21-15|(August 31, |
| | | | | |2010) |
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Original Committee Reference: NAT. RES.
SUMMARY : Establishes the architectural paint recovery program.
The Senate amendments
1)Updated the administrative agency responsible for the
architectural paint recovery program from the California
Integrated Waste Management Board (CIWMB) to the recently
created Department of Resources Recycling and Recovery
(Cal-Recycle)
2)Extend the date for manufactures to submit stewardship plans
to Cal-Recycle from January 1, 2010, to April 1, 2012 .
3)Extends the dates for Cal-Recycle to post the list of
manufacturers in compliance with the Chapter to conform with
the extended plan due-date.
4)Requires the stewardship organization to pay Cal-Recycle
administrative fees in an amount determined by Cal-Recycle to
be sufficient to cover its costs.
5)Limits the anti-trust exemption for stewardship activities
related to the product stewardship assessment or the output or
production for paint or any agreement restricting the
geographic area or customers to which paint will be sold.
6)Remove the program sunset.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required a manufacturer of paint sold in California,
individually or through a representative organization, to
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implement a recovery program "to undertake responsibility for
the development and implementation of strategies" to reduce
generation, promote reuse, and manage waste paint through the
collection, transport, and processing of postconsumer paint.
2)Authorized the manufacturer to establish a fee on consumers to
cover the costs of the program.
3)Required, by July 1, 2010, and annually thereafter, a
manufacturer to submit a report to the CIWMB describing its
paint recovery efforts.
4)By January 1, 2012, required CIWMB to submit a report to the
Legislature describing the results of the program and to
recommend whether or not the program should be extended and
any modifications needed. Required CIWMB to include
information about any financial savings to state or local
government.
5)Specified that any action taken by a manufacturer under the
program is not a violation of the Cartwright Act, the Unfair
Practices Act, or any other state law relating to antitrust,
regulation of trade, or regulation of commerce.
6)Sunsets on July 1, 2013, and is repealed on January, 1, 2014.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time special fund costs in the range of $150,000
to $300,000 to CIWMB to review reports submitted by paint
manufacturers and to prepare the report required by this bill.
(Integrated Waste Management Account)
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. For consumers, it is classified as a household
hazardous waste (HHW).
According to CIWMB, leftover paint is the largest source of HHW
in California. In fiscal year 2007-2008, 2.4 million gallons of
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leftover paint were collected, comprising 29% of HHW.
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, only 5% of households in
California use local HHW programs.
In 2003, the Paint Product Stewardship Initiative (PPSI) began
facilitating a national dialogue to reduce the generation of
leftover paint, while increasing reuse and recycling
opportunities. In 2007, PPSI mediated an agreement among paint
manufacturers, government agencies, recyclers, contractors, and
other interested parties to establish an industry-funded paint
stewardship organization that will collect and manage leftover
paint using a "pass-through" cost to consumers. As a first step
in implementing the agreement, in 2008 a demonstration project
was established in Minnesota. This bill is consistent with the
national effort by authorizing manufacturers to implement the
program through a representative organization.
According to the author, this bill will reduce the financial
burden on local governments and protect the environment by
requiring manufacturers to take responsibility for establishing
and financing a safe and reliable system for the recovery and
proper management of leftover paint.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0006913