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 Page 2 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 Page 3 Opposition None on record Analysis Prepared by : Heather Falkenthal / E.S. & T.M. / (916) 319-3965