BILL NUMBER: AB 45	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2015
	AMENDED IN ASSEMBLY  MARCH 19, 2015

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  door-to-door collection and
diversion program   comprehensive program for the
collection of household hazardous waste  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.

   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.  
   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.  
   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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   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  intended, but ultimately these piecemeal and
truncated approaches have not proved effective. These approaches
  intended and, in some cases, effective. Howeve 
 r, even the most effective programs have very low consumer
participation. Other approaches being promoted throughout the state
would  fragment the collection of household hazardous waste and
move collection away from  the closest and most practical
point of disposal: the consumer's residence.   consumer
convenience. 
   (3)  A   In addition to other programs for
the collection of household hazardous waste, a  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 
and services have found them to be successful and inexpensive.
  have found them to be valuable components of a
comprehensive approach to the management of household hazardous
waste.  
   (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. 
   (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 
Diversion   Reduction 


   47120.  For purposes of this article, the following terms have the
following meanings: 
   (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.  

   (a) "Comprehensive program for the collection of household
hazardous waste" means a local program that includes the following
components:  
   (1) Utilization of locally sponsored collection sites.  
   (2) Scheduled and publicly advertised drop off days.  
   (3) Door-to-door collection programs.  
   (4) Mobile collection programs.  
   (5) Dissemination of information about how consumers should
dispose of the various types of household hazardous waste. 
   (6) Education programs to promote consumer understanding and use
of the local components of a comprehensive program. 
   (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  has in
place or  adopts an ordinance implementing a  household
hazardous waste collection program identified in subdivision (b) or
(c) of Section 25218.1 of the Health and Safety Code for 
 comprehensive program for the collection of  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.  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.  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 
door-to-door collection and diversion program  
comprehensive program for the collection of household hazardous waste
 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. 
  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. 
   SEC. 3.    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.