BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2748| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: CONTINUED AB 2748 Page 2 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 CONTINUED AB 2748 Page 3 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. CONTINUED AB 2748 Page 4 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 CONTINUED AB 2748 Page 5 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, CONTINUED AB 2748 Page 6 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 **** END **** CONTINUED