BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 255|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 255
Author: Wieckowski (D)
Amended: 4/7/11 in Assembly
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 6/20/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 5/12/11(Consent) - See last page for
vote
SUBJECT : Hazardous waste: latex paint: collection
facility
SOURCE : StopWaste (Alameda County Waste Management
Authority)
DIGEST : This bill removes quantity and source
restrictions on household hazardous waste facilities.
Specifically, this bill (1) adds permissive language to
Health and Safety Code (HSC) Section 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,
CONTINUED
AB 255
Page
2
and (2) removes the 100 kilogram per-month cap on a
household hazardous waste facility operating under HSC
Section 25217.2.
ANALYSIS :
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
Section 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 Section 25218.3)
Comments
According to the author's office, this 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.
This bill bridges the disconnect between HSC Sections 25217
and 25218 by permitting the waste facilities covered by the
stringent requirements of HSC Section 25218 to receive
CONTINUED
AB 255
Page
3
recyclable latex paint in the manner permitted under HSC
Section 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.
Prior Legislation . AB 1343 (Huffman), Chapter 420,
Statutes of 2010, enacted an industry-led program to reduce
the generation of leftover paint, promote its reuse, and
properly manage unwanted leftover paint. The bill, as well
as other programs for products including tire, motor oil,
beverage containers, or electronic waste, included 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 two-thirds vote by
the Legislature.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/8/11)
StopWaste (Alameda County Waste Management Authority)
(source)
ASSEMBLY FLOOR : 70-0, 5/12/11 (Consent)
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio,
Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
CONTINUED
AB 255
Page
4
John A. Pérez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell,
Roger Hernández, Bonnie Lowenthal, Mitchell, Portantino,
Torres
DLW:mw 7/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED