BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                               AB 2748
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Jerry Hill, Chair
                              2013-2014 Regular Session
                                           
           BILL NO:    AB 2748
           AUTHOR:     Committee on Environmental Safety & Toxic  
           Materials
           AMENDED:    April 21, 2014
           FISCAL:     Yes               HEARING DATE:     June 18, 2014
           URGENCY:    No                CONSULTANT:       Joanne Roy
            
           SUBJECT  :    HAZARDOUS WASTE:  BUSINESS PLANS

            SUMMARY  :    
           
           Existing law  :

           1)Prohibits a person from disposing of, or attempting to  
             dispose of, liquid latex paint or oil-based paint on the  
             land or into the waters of the state unless authorized by  
             applicable provisions of law.  (Health and Safety Code (HSC)  
             §25217.1)

           2)Authorizes recyclable latex paint to be accepted at any  
             location including, but not limited to, a permanent  
             household hazardous waste collection facility, if specified  
             conditions are met, including that the owner or operator of  
             the location has a hazardous materials business plan (HMBP)  
             that meets statutory requirements.  (HSC §25217.2)

           3)Authorizes a location that is authorized to accept  
             recyclable latex paint to also accept oil-based paint if  
             additional following conditions are met, including that the  
             collection location is established and operates under an  
             architectural paint stewardship plan approved by the  
             Department of Resources Recycling and Recovery (CalRecycle).  
              (HSC §25217.2.1.)

           4)Provides that, in order to protect the public health and  
             safety and the environment, it is necessary to establish  
             business and area plans relating to the handling and release  
             or threatened release of hazardous materials.  (HSC §25500)










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           5)Requires a business to establish and implement a business  
             plan for emergency response to a release or threatened  
             release of a hazardous material if the business meets  
             specified conditions regarding the hazardous materials the  
             business may handle.  (HSC §25507)

           6)Requires the certified unified program agency (CUPA), or  
             other authorized agency, to implement HMBP and area plans.   
             (HSC §25502)

           7)Provides that the purpose of the architectural paint  
             recovery program established in statute is to require paint  
             manufacturers to develop and implement a program to collect,  
             transport, and process postconsumer paint to reduce the  
             costs and environmental impacts of the disposal of  
             postconsumer paint in this state.  (Public Resources Code  
             (PRC) §48700)  

           8)Requires a manufacturer of architectural paint sold in this  
             state to, individually or through a stewardship  
             organization, submit an architectural paint stewardship plan  
             to CalRecycle to develop and implement a recovery program to  
             reduce the generation of postconsumer architectural paint,  
             promote the reuse of postconsumer architectural paint, and  
             manage the end-of-life of postconsumer architectural paint,  
             in an environmentally sound fashion, including collection,  
             transportation, processing, and disposal.  (PRC §48702)

           9)Prohibits a manufacturer or retailer from selling or  
             offering for sale in this state architectural paint to any  
             person in this state unless the manufacturer participates in  
             a CalRecyle-approved architectural paint stewardship  
             program.  (PRC §48702)

           10)Requires, on or before April 1, 2012, a manufacturer or  
             designated stewardship organization to submit an  
             architectural paint stewardship plan to CalRecycle.   
             Requires the plan to address the coordination of the  
             architectural paint stewardship program with existing local  
             household hazardous waste (HHW) collection programs, as  
             specified, and to include goals to reduce the generation of  
             postconsumer paint, to promote the reuse of postconsumer  
             paint, and for the proper end-of-life management of  









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             postconsumer paint.  (PRC §48703) 

           11)Authorizes any retailer to participate, on a voluntary  
             basis, as a paint collection point pursuant to the paint  
             stewardship program if the retailer's paint collection  
             location meets specified conditions.  (PRC §48703)

            This bill  provides that a business that handles paint that  
           will be recycled or otherwise managed under an architectural  
           paint recovery program approved by CalRecycle is only required  
           to establish and implement an HMBP if it handles postconsumer  
           (leftover) paint above specified quantities.  Specifically,  
            this bill  :  

           1) Deletes the statutory requirement that the owner or  
              operator of a location that is authorized to accept  
              recyclable latex paint have an HMBP, as specified.

           2) Provides that a business that handles paint that will be  
              recycled or otherwise managed under an architectural paint  
              recovery program approved by CalRecycle is only required to  
              establish and implement an HMBP if it handles at any one  
              time during the reporting year a total weight of 10,000  
              pounds of solid or a total volume of 1,000 gallons of  
              liquid paint.  

           3) Prohibits a CUPA from imposing a fee on a business that is  
              implementing an architectural paint recovery program  
              approved by CalRecycle and that is exempt from HMBP  
              requirements for the cost of processing that exemption.


            COMMENTS  :

            1) Purpose of Bill  .  According to the author, this bill  
              encourages the take-back of used paint by eliminating  
              duplicative reporting requirements on businesses that are  
              part of the CalRecycle-approved paint stewardship program.   
              Current law requires businesses that handle hazardous  
              waste, including used paint collected under California's  
              paint stewardship program, to submit HMBP to the local  
              CUPA.  Both the HMBP requirements and the CalRecycle paint  
              stewardship program include safe management requirements  









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              for collected paint.  This bill removes the HMBP  
              requirement on businesses whose collection of a specified  
              amount of used paint, as part of the paint stewardship  
              program, triggers the requirement to submit an HMBP.  

            2) Background:  Paint  .  Latex and oil-based paints are  
              considered hazardous waste in California, making their  
              disposal in a solid waste landfill prohibited.  Paint  
              contains resins, solvents, pigments, and additives.  While  
              latex paint is less hazardous than oil-based, its  
              ingredients are hazardous to public health and the  
              environment.  Paint should not be allowed to "dry out" for  
              disposal, or poured down storm drains or into the sewer  
              system.  Postconsumer paint is one of the largest sources  
              of household hazardous waste (HHW) in California.  
                 
             3) California's Paint Stewardship Program  .  According to  
              CalRecycle, Californians generate millions of gallons of  
              leftover paint each year.  Prior to the passage of the  
              California Paint Stewardship Law (AB 1343 (Huffman),  
              Chapter 420, Statutes of 2010), the only way for consumers  
              to properly manage their leftover paint was through local,  
              taxpayer-funded HHW programs.  However, due to the immense  
              cost to manage household hazardous waste, local programs  
              typically can only afford to serve between five to ten  
              percent of the residents in their jurisdictions.   
              Historically, paint has represented almost one-third of the  
              material collected through local HHW programs and costs  
              local government millions of dollars to manage.

              AB 1343 created a postconsumer paint management program for  
              the reuse, recycling, and proper disposal of paint.  The  
              structure of the program was developed thorough a  
              seven-year, multi-stakeholder, national Paint Product  
              Stewardship Initiative.  California became one of the first  
              states in the nation to implement such a program.

              PaintCare Inc., a non-profit organization established by  
              the American Coatings Association to implement AB 1343 and  
              other states' paint stewardship programs, has set up nearly  
              600 drop-off sites for postconsumer paint at paint  
              retailers, hardware stores, and other facilities throughout  
              California.  According to PaintCare, as it continues its  









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              efforts to increase the number of drop-off sites, it has  
              encountered many smaller paint stores and facilities that  
              have declined participation in the program because  
              participation would trigger HMBP requirements to which they  
              are not otherwise subject.  Many of these sites are in  
              rural or otherwise underserved areas, making their  
              participation even more important to the success of the  
              paint stewardship program.

            4) Streamlining the HMBP process  .  The purpose of AB 2748 is  
              to eliminate duplicative reporting requirements on paint  
              drop-off sites by raising the current HMBP exemption limits  
              (to 1,000 gallons from 550 and 10,000 pounds from 5,000)  
              for paint that will be managed under the paint stewardship  
              program.  This change will exempt smaller product take-back  
              sites from the requirement to file an HMBP, if their  
              participation in the paint stewardship program is what  
              triggers their HMBP reporting requirement.  Safe handling  
              and storage of paint is required and monitored through the  
              CalRecycle-approved stewardship plans.

              Supporters assert that the HMBP exemption will encourage  
              smaller facilities (generally retail sites where paint is  
              purchased) to participate as public drop-off sites for  
              leftover product as part of the paint stewardship program.   



            SOURCE  :        California Association of Environmental Health   

                                Administrators (CAEHA)
           PaintCare  

           SUPPORT  :       American Coatings Association
                          Behr Process Corporation
                          Californians Against Waste
                          Paint Council Network
                          Rudd Company, Inc.
                          Rust-Oleum Corporation
                          Sherwin-Williams Company
                          Valspar
            
           OPPOSITION  :    None on file  









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