BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                       CONSENT


          Bill No:  AB 2748
          Author:   Assembly Environmental Safety and Toxic Materials  
          Committee, et al.
          Amended:  4/21/14 in Assembly
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  7-0, 6/18/14
          AYES:  Hill, Gaines, Fuller, Hancock, Jackson, Leno, Pavley
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  73-0, 5/23/14 - See last page for vote


           SUBJECT  :    Hazardous waste:  business plans

           SOURCE  :     California Association of Environmental Health  
          Administrators 
                      PaintCare


          DIGEST  :    This bill provides that a business that handles paint  
          that will be recycled or otherwise managed under an  
          architectural paint recovery program approved by the Department  
          of Resources Recycling and Recovery (CalRecycle) is only  
          required to establish and implement a hazardous materials  
          business plan (HMBP) if it handles postconsumer (leftover) paint  
          above specified quantities.  

           ANALYSIS  :    

          Existing law:  
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           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.  

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

           3. Authorizes a location that is authorized to accept  
             recyclable latex paint to also accept oil-based paint if  
             additional conditions are met, including that the collection  
             location is established and operates under an architectural  
             paint stewardship plan approved by the CalRecycle.  

           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.  

           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.  

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

           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.   

           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  

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             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.  

           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.  
              

           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 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 postconsumer paint.   

           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.  

          This bill:

           1. 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.  

           2. 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.

           3. 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.  

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           4. 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.

           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 HHW in  
          California.  

           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 HHW, local  
          programs typically can only afford to serve between 5% to 10% 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 efforts to increase  

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          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.

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

           SUPPORT  :   (Verified  7/2/14)

          California Association of Environmental Health Administrators  
          (co-source)
          PaintCare (co-source)
          American Coatings Association
          Behr Process Corporation
          California Paint Council
          Californians Against Waste
          Paint Council Network
          Rudd Company, Inc.
          Rust-Oleum Corporation
          Sherwin-Williams Company
          Valspar

           ARGUMENTS IN SUPPORT  :    According to the author's office, 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.  Existing  
          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 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.  
           


           ASSEMBLY FLOOR  :  73-0, 5/23/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  

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            Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh,  
            Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson,  
            Perea, John A. Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Bonilla, Harkey, Roger Hernández, Melendez,  
            Nestande, V. Manuel Pérez, Vacancy


          RM:k  7/2/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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