BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 456|
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                              UNFINISHED BUSINESS


          Bill No:  SB 456
          Author:   Huff (R)
          Amended:  8/26/11
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  6-0, 4/4/11
          AYES:  Simitian, Strickland, Blakeslee, Hancock, Lowenthal, 
            Pavley
          NO VOTE RECORDED:  Kehoe

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  40-0, 5/9/11 (Consent)
          AYES:  Alquist, Anderson, Berryhill, Blakeslee, Calderon, 
            Cannella, Corbett, Correa, De León, DeSaulnier, Dutton, 
            Emmerson, Evans, Fuller, Gaines, Hancock, Harman, 
            Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu, 
            Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, 
            Runner, Simitian, Steinberg, Strickland, Vargas, Walters, 
            Wolk, Wright, Wyland, Yee

           ASSEMBLY FLOOR  :  78-0, 8/31/11 (Consent) - See last page 
            for vote


           SUBJECT  :    Household hazardous waste:  transportation

           SOURCE :     Waste management


           DIGEST  :    This allows household hazardous waste (HHW) 
          gathered by a door-to-door HHW collection program to be 
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          transported using a consolidated manifest and to be taken 
          to a HHW collection facility or a hazardous waste facility. 
           The bill's provisions sunset on January 1, 2020.

           Assembly Amendments  provide clarifying language to the bill 
          as it left the Senate.

           ANALYSIS  :    Existing law, part of the hazardous waste 
          control laws, authorizes a door-to-door HHW collection 
          program or HHW pickup service, as defined, to transport 
          hazardous waste from individual residences to an authorized 
          HHW collection facility.  Existing law requires any person 
          generating hazardous waste that is transported, or 
          submitted for transportation, for offsite handling, 
          treatment, storage, disposal, or any combination thereof, 
          to complete a manifest and exempts a door-to-door HHW 
          collection program or pickup service from having to 
          complete a manifest if it is transporting HHW collected 
          from individual residences for transportation to an 
          authorized collection facility.  A violation of the 
          hazardous waste control laws is a crime.

          This bill allows a registered hazardous waste transporter 
          operating a door-to-door HHW collection program or HHW 
          residential pickup service to instead use a specified 
          manifesting procedure for transporting HHW and with other, 
          if the transporter complies with certain operating and 
          reporting requirements.  The bill requires a public agency 
          to retain a copy of the manifest in a specified manner, 
          thereby imposing a state-mandated local program by imposing 
          new duties upon local agencies.  The bill makes these 
          requirements inoperative on January 1, 2020. 

          The bill revises the definition of a HHW collection 
          facility and a door-to-door HHW collection program, for 
          purposes of the provisions regulating the HHW program, and 
          specifies the conditions under which such a program is 
          deemed to be a HHW collection facility.

          Existing law requires the Secretary for Environmental 
          Protection to implement a unified hazardous waste and 
          hazardous materials management regulatory program.  A city 
          or local agency that meets specified requirements is 
          authorized to apply to the secretary to implement the 

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          unified program, and every county is required to apply to 
          the secretary to be certified to implement the unified 
          program.

          This bill additionally includes, until December 31, 2019, 
          in the unified program, an exempt transfer facility 
          operated by a door-to-door HHW collection program.

           Background
           
          According to the author's office, this bill addresses a 
          requirement in existing law that is burdensome and unwieldy 
          and adds cost to door-to-door HHW collection programs.  
          Existing law only allows this waste, once collected from a 
          homeowner, to be transported to a permanent HHW collection 
          facility.  The Department of Toxic Substances Control 
          (DTSC) has allowed on a case-by-case basis, this HHW to be 
          sent to another permitted facility instead of a permanent 
          HHW facility.  This bill codifies that practice.

          The mandate to take HHW collected through a door-to-door 
          program back to a permanent HHW facility is workable when a 
          local jurisdiction operates both programs.  However, some 
          local jurisdictions are electing to contract with private 
          entities to provide HHW services to its residents, 
          including door-to-door HHW service.  Not all of these 
          jurisdictions have a permanent HHW facility, thus they have 
          had to work with their contractors and DTSC on a 
          case-by-case basis to allow this activity to take place.  
          This bill still allows the waste to be taken to a permanent 
          HHW facility, but in addition, authorizes the waste to be 
          transported to other types of permitted hazardous waste 
          facilities.  These additional facilities offer the same, or 
          in some cases, more stringent, management requirement.  
          Also, HHW must be manifested.  This bill adapts the 
          manifest system to require proper tracking of the HHW 
          through the system.

           Background on HHW Management and Collection  .  HHW is 
          hazardous waste commonly generated by householders and 
          includes such ubiquitous items as batteries, pesticides, 
          electronics, fluorescent lamps, used oil, solvents, and 
          cleaners.  If these products are handled or disposed of 
          incorrectly, they can pose a threat to the health and 

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          safety and the environment. When these products are 
          discarded, they become "household hazardous waste."  In 
          California, it is illegal to dispose of HHW in the trash, 
          down the drain, or by abandonment.  HHW needs to be 
          disposed of through a HHW program.  There are many 
          different approaches to the collection and management of 
          HHW, all are permitted by DTSC and most are operated by 
          local jurisdictions.  Some private operators operate 
          programs under contract with local jurisdictions, including 
          curbside and door-to-door collection.

           Permanent Household Hazardous Waste Collection Facilities 
          (PHHWCFs)  .  PHHWCFs are HHW collection facilities operated 
          by a public agency on a continuous, regular schedule and 
          housed in a permanent or semi-permanent structure at a 
          fixed location.  The HHW collected at the PHHWCF can only 
          be stored at the facility for one year.  Wastes are 
          routinely taken for recycling or disposal, and no wastes 
          are allowed to remain at the facility for more than one 
          year after the date of collection.  These facilities are 
          authorized under Permit by Rule (PBR) by the local 
          jurisdiction, according to regulatory standards adopted by 
          DTSC.

           Temporary Household Hazardous Waste Collection Facilities  . 
          Temporary HHW collection facilities are operated by public 
          agencies not more than once in any one month at the same 
          location.  The collection events cannot exceed two days and 
          at the end of the event, all equipment, materials, and 
          waste must be removed from the site within 144 hours (six 
          days).  These facilities are also authorized under PBR by 
          the local certified unified program agency (CUPA), 
          according to regulatory standards adopted by DTSC.  In 
          non-CUPA counties, the facilities are authorized by DTSC.

           Curbside Collection  .  Curbside HHW collection programs may 
          be operated by public agencies to collect one or more of 
          the following types of HHW: used oil and filters, latex 
          paint, batteries, electronic wastes, and cell phones.  
          Curbside collection programs require authorization and are 
          operated according to the requirements established in the 
          HHW law. 

           Door-to-Door/Residential Collections  .  Residential 

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          (door-to-door) HHW collection programs are a subset of the 
          HHW program and are operated by public agencies to collect 
          household hazardous wastes directly from individual 
          residences.  Business waste, even that generated by a 
          home-based business, may not be collected by a door-to-door 
          program.  The collected wastes are then transported to an 
          authorized HHW collection facility.  Please note, wastes to 
          be collected by a door-to-door program must be kept in a 
          secure environment by the resident and may not be left 
          where there may be access by the public, such as the 
          sidewalk or curbside.

           Mobile Household Hazardous Waste Collection Facilities  . 
          Mobile HHW collection facilities are housed in portable 
          structures that are operated for no more than three weeks 
          in a row during any two-month period for not more than four 
          times a year in the same location.  At the end of 
          operations at each site, all equipment and wastes must be 
          removed from the site within 144 hours.  Since regulations 
          authorizing mobile HHW facilities have not yet been 
          promulgated, authorization for mobile HHW facilities is 
          currently provided under a hazardous waste variance issued 
          by DTSC.  In general, in order to receive a variance to 
          operate a mobile HHW collection facility the local agency 
          will be required to operate under the same standards as the 
          temporary facility

           Variances  .  Any requests to operate HHW collection 
          activities in a manner that differs from requirements 
          currently established in HHW law or regulations must be 
          submitted to DTSC for consideration for authorization under 
          a hazardous waste variance.  Health and Safety Code Section 
          25143 allows DTSC to issue variances at its discretion.  
          Since the Legislature already has established the minimum 
          requirements for management of household hazardous waste, 
          variances will be considered for unusual or extreme 
          circumstances of limited duration only. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  8/29/11)

          City of Diamond Bar

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          City of Mission Viejo
          Waste Management


          ASSEMBLY FLOOR  : 78-0, 8/31/11
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, 
            Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, 
            Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED: Gorell, Mendoza


          DLW:do  8/31/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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