BILL NUMBER: AB 255	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 18, 2011
	PASSED THE ASSEMBLY  MAY 12, 2011
	AMENDED IN ASSEMBLY  APRIL 7, 2011

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 3, 2011

   An act to amend Section 25217.2 of the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 255, Wieckowski. Hazardous waste: latex paint: collection
facility.
    (1) Existing law generally prohibits any person from disposing of
latex paint, unless authorized, but allows recyclable latex paint to
be accepted at any location if specified requirements are met
concerning the management of that paint. Existing law authorizes the
Department of Toxic Substances Control to allow a household hazardous
waste collection facility to accept hazardous waste from a
conditionally exempt small quantity generator (CESQG) under specified
conditions. A violation of the requirements concerning hazardous
waste is a crime.
   This bill would allow a permanent household hazardous waste
collection facility that is authorized to accept hazardous waste from
a CESQG to accept recyclable latex paint from any generator,
notwithstanding specified provisions and regulations, if the
permanent household hazardous waste collection facility complies with
certain requirements. Because a violation of these requirements
would be a crime, the bill would impose a state-mandated local
program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25217.2 of the Health and Safety Code is
amended to read:
   25217.2.  (a) Recyclable latex paint may be accepted at any
location, including, but not limited to, a permanent household
hazardous waste collection facility in accordance with subdivision
(b), if all of the following conditions are met:
   (1) The location manages the recyclable latex paint in accordance
with all applicable latex paint product management procedures
specified by federal, state, or local law or regulation which
include, at a minimum, that the recyclable latex paint is stored and
handled in a manner that minimizes the chance of exposing the handler
and the environment to potentially hazardous constituents that may
be in, or have been incidentally added to, the recyclable latex
paint.
   (2) Any latex paint that is accepted as recyclable by the location
and which is later discovered to be nonrecyclable shall be deemed to
be a waste generated at the location where this discovery is made
and this latex paint shall be managed as a waste in accordance with
this chapter.
   (3) The owner or operator of the location has a business plan that
meets the requirements of Section 25504, if required by the
administrating agency, including, but not limited to, emergency
response plans and procedures, as described in subdivision (b) of
Section 25504. The plans and procedures shall specifically address
recyclable latex paint or meet the department's emergency response
and contingency requirements which are applicable to generators of
hazardous waste.
   (4) If the recyclable latex paint is not excluded or exempted from
regulation under Chapter I (commencing with Section 1.1) of Title 40
of the Code of Federal Regulations, the location meets all
applicable federal requirements.
   (b) (1) For purposes of this subdivision the following definitions
shall apply:
   (A) "CESQG" means a conditionally exempt small quantity generator,
as specified in subdivision (a) of Section 25218.1.
    (B) "Permanent household hazardous waste collection facility" has
the same meaning as defined in subdivision (h) of Section 25218.1.
   (2) A permanent household hazardous waste collection facility that
is authorized to accept hazardous waste from a CESQG pursuant to
Section 25218.3 may accept recyclable latex paint from any generator
in accordance with this article if the permanent household hazardous
waste collection facility does all of the following:
   (A) Complies with subdivision (a).
   (B) Sends the recyclable latex paint, for recycling, to a latex
paint recycling facility operating pursuant to this article.
   (C) Maintains a monthly log of the volume of latex paint collected
from each generator and submits that information annually with the
report submitted pursuant to Section 25218.9 for household hazardous
waste collected from household hazardous waste generators.
   (3) A permanent household hazardous waste collection facility that
takes the actions specified in paragraph (2) is not subject to
subdivision (b) of Section 25218.3.
    (4) A permanent household waste collection facility may take the
action specified in paragraph (2) notwithstanding any permit
condition imposed upon the facility, a regulation adopted by the
department to ensure a household hazardous waste collection facility
does not accept hazardous waste from a commercial generator other
than a CESQG, or the status of the generator.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.