Amended in Assembly April 13, 2015

Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 45

Introduced by Assembly Member Mullin

December 1, 2014

An act to add Article 3.4 (commencing with Section 47120) to Chapter 1 of Part 7 of Division 30 of the Public Resources Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 45, as amended, Mullin. Household hazardous waste.

The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires, among other things, each city and each county to prepare a household hazardous waste element containing specified components, and to submit that element to the department for approval. Existing law requires the department to approve the element if the local agency demonstrates that it will comply with specified requirements. A city or county is required to submit an annual report to the department summarizing its progress in reducing solid waste, including an update of the jurisdiction’s household hazardous waste element.

This bill would require each jurisdiction that provides for the residential collection and disposal of solid waste, on or before an unspecified date, to increase the collection and diversion of household hazardous waste in its service area by an unspecified percentage over a baseline amount, to be determined in accordance with department regulations. The bill would authorize the department to adopt a model ordinance for a begin delete door-to-door collection and diversion program end delete begin insert comprehensive program for the collection of household hazardous waste end insert to facilitate compliance with those provisions, and would require each jurisdiction to annually report to the department on progress achieved in complying with those provisions. By imposing new duties on local agencies, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete begin delete

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end delete begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) Household hazardous waste is creating environmental,
health, and workplace safety issues. Whether due to unused
pharmaceuticals, batteries, medical devices, or other disposable
consumer items, effective and efficient disposal remains an
extraordinary challenge.

(2) State and local efforts to address disposal of these items
have been well begin delete intended, but ultimately these piecemeal and
truncated approaches have not proved effective. These approaches end delete
begin insert intended and, in some cases, effective. However, even the most
effective programs have very low consumer participation. Other
approaches being promoted throughout the state would end insert fragment
the collection of household hazardous waste and move collection
away from begin delete the closest and most practical point of disposal: the
consumer’s residence. end delete begin insert consumer convenience. end insert

(3)  begin delete A end delete begin insert In addition to other programs for the collection of
household hazardous waste, a end insert number of cities in California are
already using curbside household hazardous waste collection
programs, door-to-door household hazardous waste collection
programs, and household hazardous waste residential pickup
services as mechanisms for collecting and disposing of many
commonly used household items for which disposal has been the
subject of state legislation or local ordinances. The waste disposal
companies and local governments that have implemented these
programs begin delete and services have found them to be successful and
inexpensive. end delete begin insert have found them to be valuable components of a
comprehensive approach to the management of household
hazardous waste. end insert

begin insert

(4) There is also an appropriate role for manufacturers and
distributors of these products in comprehensive efforts to more
effectively manage household hazardous waste. That role should
be based on the ability of manufacturers and distributors to
communicate with consumers.

end insert

(b) It is the intent of the Legislature to enact legislation that
would establish curbside household hazardous waste collection
programs, door-to-door household hazardous waste collection
programs, and household hazardous waste residential pickup
services as the principal means of collecting household hazardous
waste and diverting it from California’s landfills and waterways.

SEC. 2.  

Article 3.4 (commencing with Section 47120) is added
to Chapter 1 of Part 7 of Division 30 of the Public Resources Code,
to read:

 

Article 3.4.  Household Hazardous Waste Collection and
begin delete Diversion end delete begin insert Reduction end insert

 

47120.  

For purposes of this article, the following terms have
the following meanings:

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(a) “Door-to-door collection and diversion program” means a
curbside household hazardous waste collection program,
door-to-door household hazardous waste collection program, or
household hazardous waste residential pickup service administered
by a jurisdiction that allows a resident to arrange, by appointment,
for the collection of household hazardous waste at his or her
residence in accordance with all applicable state and federal laws
and regulations.

end delete begin insert

(a) “Comprehensive program for the collection of household
hazardous waste” means a local program that includes the
following components:

end insert begin insert

(1) Utilization of locally sponsored collection sites.

end insert begin insert

(2) Scheduled and publicly advertised drop off days.

end insert begin insert

(3) Door-to-door collection programs.

end insert begin insert

(4) Mobile collection programs.

end insert begin insert

(5) Dissemination of information about how consumers should
dispose of the various types of household hazardous waste.

end insert begin insert

(6) Education programs to promote consumer understanding
and use of the local components of a comprehensive program.

end insert

(b) “Household hazardous waste” includes, but is not limited
to, the following:

(1) Automotive products, including, but not limited to,
antifreeze, batteries, brake fluid, motor oil, oil filters, fuels, wax,
and polish.

(2) Garden chemicals, including, but not limited to, fertilizers,
herbicides, insect sprays, pesticides, and weed killers.

(3) Household chemicals, including, but not limited to, ammonia,
cleaners, strippers, and rust removers.

(4) Paint products, including, but not limited to, paint, caulk,
glue, stripper, thinner, and wood preservatives and stain.

(5) Consumer electronics, including, but not limited to,
televisions, computers, laptops, monitors, keyboards, DVD and
CD players, VCRs, MP3 players, cell phones, desktop printers,
scanners, fax machines, mouses, microwaves, and related cords.

(6) Swimming pool chemicals, including, but not limited to,
chlorine tablets and liquids, pool acids, and stabilizers.

(7) Household batteries. For purposes of this section, “household
batteries” means batteries that individually weigh two kilograms
or less of mercury, alkaline, carbon-zinc, or nickel-cadmium, and
any other batteries typically generated as household waste,
including, but not limited to, batteries used to provide power for
consumer electronic and personal goods often found in a household.

(8) Fluorescent tubes and compact florescent lamps.

(9) Mercury-containing items, including, but not limited to,
thermometers, thermostats, and switches.

(10) Home-generated sharps waste, as defined in Section 117671
of the Health and Safety Code.

(11) Home-generated pharmaceutical waste. For purposes of
this section, “home-generated pharmaceutical waste” means a
prescription or nonprescription drug, as specified in Section 4022
or 4025.1 of the Business and Professions Code, that is a waste
generated by a household or households. “Home-generated
pharmaceutical waste” shall not include drugs for which producers
provide a take-back program as a part of a United States Food and
Drug Administration managed risk evaluation and mitigation
strategy pursuant to Section 355-1 of Title 21 of the United States
Code, or waste generated by a business, corporation, limited
partnership, or an entity involved in a wholesale transaction
between a distributor and a retailer.

47121.  

(a) (1) On or before _____, each jurisdiction shall
increase its collection and diversion of household hazardous waste
in its service area by _____ percent over its baseline amount, as
established in subdivision (b).

(2) Notwithstanding paragraph (1), a jurisdiction that begin insert has in
place or end insert adopts an ordinance implementing a begin delete household hazardous
waste collection program identified in subdivision (b) or (c) of
Section 25218.1 of the Health and Safety Code for end delete begin insert comprehensive
program for the collection of end insert household hazardous waste shall
have an additional _____ years to meet the collection and diversion
objective in paragraph (1).

(b) No later than _____, each jurisdiction shall inform the
department of its baseline amount of collection and diversion of
hazardous waste in accordance with regulations adopted by the
department. begin insert The baseline amount may be expressed in tonnage or
by the number of households participating, and may focus on
particular types of household hazardous waste. end insert The department
shall approve or disapprove of a jurisdiction’s baseline amount no
later than _____.

47122.  

(a) The department shall adopt regulations to implement
this article.

(b) The department may adopt a model ordinance for a
begin delete door-to-door collection and diversion program end delete begin insert comprehensive
program for the collection of household hazardous waste end insert to
facilitate compliance with this article.

47123.  

Commencing ____, and annually thereafter, each
jurisdiction shall report to the department on progress achieved in
complying with this section. A jurisdiction shall make a good faith
effort to comply with this section, and the department may
determine whether a jurisdiction has made a good faith effort for
purposes of this program. To the maximum extent practicable, it
is the intent of the Legislature that reporting requirements under
this section be satisfied by submission of similar reports currently
required by law.

47124.  

This article does not apply to a jurisdiction that does
not provide for the residential collection and disposal of solid
waste.

begin delete

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

end insert