BILL NUMBER: AB 45 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 21, 2016
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY APRIL 13, 2015
AMENDED IN ASSEMBLY MARCH 19, 2015
INTRODUCED BY Assembly Member Mullin
DECEMBER 1, 2014
An act to add and repeal Article 3.4 (commencing with
Section 47120) to of 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 to increase the
collection and diversion of household hazardous waste in its service
area, on or before July 1, 2020, by 15% 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
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 no reimbursement is required by this
act for a specified reason.
This bill would require the department to adopt one or more model
ordinances for a comprehensive program for the collection of
household hazardous waste and would authorize a local jurisdiction
that provides for the residential collection and disposal of solid
waste that proposes to enact an ordinance governing the collection
and diversion of household hazardous waste to adopt one of the model
ordinances adopted by the department. The bill would require the
department to determine whether a nonprofit organization has been
created and funded to make grants to local jurisdictions for
specified purposes relating to household hazardous waste disposal and
would specify that if the department does not determine that such a
nonprofit organization exists by December 31, 2018, then the bill's
provisions would be repealed on January 1, 2019.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The
Legislature finds and declares all of the following:
(1)
(a) 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)
(b) State and local efforts to address disposal of
these items have been well 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 fragment the collection of household hazardous waste and move
collection away from consumer convenience.
(3)
(c) 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 and local ordinances. The waste disposal
companies and local governments that have implemented these programs
have found them to be valuable components of a comprehensive approach
to the management of household hazardous waste.
(4)
(d) 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
Reduction
47120. For purposes of this article, the following terms have the
following meanings:
(a) "Comprehensive program for the collection of household
hazardous waste" means a local program that may include, but is not
limited to, the following components:
(1) Utilization of locally sponsored collection sites.
(2) Scheduled and publicly advertised drop off
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, computer
mice, 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
fluorescent 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 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 July 1, 2020, each jurisdiction shall
increase its collection and diversion of household hazardous waste
in its service area by 15 percent over its baseline amount, as
established pursuant to subdivision (b).
(2) Notwithstanding paragraph (1), a jurisdiction that has in
place or adopts an ordinance implementing a comprehensive program for
the collection of household hazardous waste shall have an additional
two years to meet the collection and diversion objective in
paragraph (1).
(b) No later than July 1, 2016, 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.
47122. (a) The department shall adopt regulations to implement
this article.
(b) The department may adopt a model ordinance for a comprehensive
program for the collection of household hazardous waste to
facilitate compliance with this article.
47123. Commencing July 1, 2020, 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.
47121. (a) The department, in consultation with affected
industries and stakeholders, shall adopt one or more model ordinances
for a comprehensive program for the collection of household
hazardous waste for adoption by any local jurisdiction that provides
for the residential collection and disposal of solid waste.
(b) Upon adoption of the model ordinance or ordinances by the
department, the department shall notify the public by posting the
model ordinance or ordinances on the department's Internet Web site.
(c) After the department posts the model ordinance or ordinances
on its Internet Web site, a local jurisdiction that proposes to enact
an ordinance governing the collection and diversion of household
hazardous waste may adopt one of the department's model ordinances.
47122. (a) The department shall determine whether an appropriate
nonprofit organization has been created and funded for the purpose of
making grants to local governments to assist with both of the
following activities:
(1) Educating residents of communities on the existence of
household hazardous waste disposal programs and how to use them.
(2) Defraying the cost of components of local government household
hazardous waste programs.
(b) In making the determination set forth in subdivision (a), the
department shall take all of the following into consideration:
(1) Whether the nonprofit organization has, at the time of the
determination, a minimum of five million dollars ($5,000,000)
dedicated to grants to local governments for the purposes set forth
in subdivision (a).
(2) Whether the nonprofit organization will have sufficient
funding to allocate grants to local governments throughout the state
for five years.
(3) Whether the composition of the nonprofit's board of directors
is sufficiently diverse and experienced to appropriately consider
grant applications that will positively impact efforts to improve
disposal of household hazardous waste.
(4) Whether the nonprofit organization has appropriate criteria
for considering grant applications.
(c) Upon making a determination that an appropriate nonprofit
organization exists as set forth in subdivision (a), the department
shall post the fact that the department has made this determination
on the department's Internet Web site.
47123. This article is applicable only to local jurisdictions
that provide for the residential collection and disposal of solid
waste.
47124. If the department does not make the determination that
there exists an appropriate nonprofit organization, as specified in
subdivision (a) of Section 47122, by December 31, 2018, this article
shall be repealed on January 1, 2019.
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.