BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 255
                                                                  Page 1

          Date of Hearing:   April 5, 2011

           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
                                Bob Wieckowski, Chair
                AB 255 (Wieckowski) - As Introduced:  February 3, 2011
                              As Proposed To Be Amended
           
          SUBJECT  :   Latex Paint Collection.
           
           SUMMARY  :    This bill removes quantity and source restrictions 
          on household hazardous waste facilities.  Specifically,  this 
          bill:  

          1)Adds permissive language to Health & Safety Code (HSC) § 
            25217.2, stating that if the household hazardous waste 
            facility has been authorized to accept hazardous waste from a 
            conditionally exempt small quantity generator, then that 
            facility may accept recyclable latex paint not only from a 
            conditionally exempt small quantity generator, but from any 
            generator.

          2)Removes the 100 kilogram per-month cap on a household 
            hazardous waste facility operating under HSC § 25217.2. 

           EXISTING LAW:    

          1)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 under specified conditions in HSC § 25218.

          2)Permits any entity, except for a household hazardous waste 
            facility, to accept and recycle latex paint without a permit, 
            without a paint limit, and with few restrictions.

          3)Mandates that household hazardous waste facilities have 
            stricter facility requirements concerning safety, training, 
            and emergency preparedness.

          4)Restricts a household hazardous waste facility to accepting 
            100 kilograms (about 220 pounds) of latex paint per month from 
            conditionally exempt small quantity generators, even if a 
            facility is capable of collecting and processing more paint. 
            HSC § 25218.3. 









                                                                  AB 255
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           FISCAL EFFECT  :   Not Known. 

           COMMENTS  :   According to the author, the bill is aimed both at 
          making it easier and less expensive for businesses to manage 
          their latex paint waste and at encouraging proper disposal.  
          Surplus, unused, and leftover latex paint is a major component 
          of hazardous waste in California from both household and 
          business sources.  Recent waste characterization studies suggest 
          that up to half of surplus and leftover paint in California is 
          illegally discarded in landfills, much of it by businesses.

          AB 255 bridges the disconnect between HSC §§ 25217 and 25218 by 
          permitting the waste facilities covered by the stringent 
          requirements of HSC § 25218 to receive recyclable latex paint in 
          the manner permitted under HSC § 25217.  By doing so, a 
          household hazardous waste facility may accept any amount of 
          recyclable latex paint from any generator, but must still abide 
          by the stringent facility, safety, training, and emergency 
          response requirements of § 25218.  By lifting the quantity 
          restrictions on household hazardous waste facilities, more 
          recyclable latex paint can be recycled because these facilities 
          will not have to turn away small businesses with more than 100 
          kilograms of latex paint. 

           Author's Proposed Amendments :  The proposed amendment removes 
          the additional authority to charge fees.  The authority to 
          charge a fee pursuant to HSC § 25218.3 remains in effect.

           Recently Enacted Legislation  :  AB 1343 (Huffman), Chapter 420, 
          statute of 2010, enacted an industry-led program to reduce the 
          generation of leftover paint, promote its reuse, and properly 
          manage unwanted leftover paint.  AB 1343, as well as other 
          programs for products including tire, motor oil, beverage 
          containers, or electronic waste, includes fees on manufacturers, 
          retailers, or consumers to cover program cost.  The passage of 
          Proposition 26 in November 2010 has the potential to limit the 
          use of these product specific fees for stewardship programs 
          without a 2/3 vote by the legislature.

           REGISTERED SUPPORT / OPPOSITION  :


           Support 
           
          StopWaste (sponsors)








                                                                  AB 255
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           Opposition 
           
          None on record
           

          Analysis Prepared by  :    Heather Falkenthal / E.S. & T.M. / 
          (916) 319-3965