BILL ANALYSIS Ó
AB 45
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 45
(Mullin) - As Amended April 13, 2015
SUBJECT: Household hazardous waste.
SUMMARY: Requires jurisdictions that provide for the
residential collection and disposal of solid waste to increase
the collection and diversion of household hazardous waste.
Specifically, this bill:
1)Requires, on or before an unspecified date, each jurisdiction
to increase its collection and diversion of household
hazardous waste (HHW) in its service area by an unspecified
percent over its baseline amount, as established in 3), below.
2)Allows a jurisdiction that has in place or adopts an ordinance
implementing a comprehensive program for the collection of HHW
to have an additional unspecified number of years to meet the
collection and diversion objective specified in 1), above.
3)Requires, no later than an unspecified date, that each
jurisdiction shall inform the Department of Resources
Recycling and Recovery (CalRecycle) of its baseline amount of
collection and diversion of hazardous waste in accordance with
regulations adopted by CalRecycle. The baseline amount may be
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expressed in tonnage or by the number of households
participating, and may focus on particular types of HHW.
CalRecycle shall approve or disapprove of a jurisdiction's
baseline amount no later than an unspecified date.
4)Requires CalRecycle to adopt regulations to implement the
bill's provisions.
5)Allows CalRecycle to adopt a model ordinance for a
comprehensive program for the collection of HHW to facilitate
compliance with the bill's provisions.
6)Requires, starting at an unspecified date, and annually
thereafter, each jurisdiction to report to CalRecycle on
progress achieved in complying with the bill's provisions.
7)Requires a jurisdiction to make a good faith effort to comply
with the bill's provisions, and allows CalRecycle to determine
whether a jurisdiction has made a good faith effort for the
purposes of this program.
8)Provides, to the maximum extent practicable, that it is the
intent of the Legislature that reporting requirements under
the bill's provisions be satisfied by submission of similar
reports currently required by law.
9)Prohibits the bill's provisions from applying to a
jurisdiction that does not provide for the residential
collection and disposal of solid waste.
10)Defines the following terms:
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a) "Comprehensive program for the collection of HHW" to
mean a local program that includes the following
components:
i) Utilization of locally sponsored collection sites;
ii) Scheduled and publicly advertised drop off days;
iii) Door-to-door collection programs;
iv) Mobile collection programs;
v) Dissemination of information about how consumers
should dispose of the various types of HHW; and,
vi) Education programs to promote consumer understanding
and sue of the local components of a comprehensive
program.
b) "HHW" includes, but is not limited to, the following:
i) Automotive products, including, but not limited to,
antifreeze, batteries, brake fluid, motor oil, oil
filters, fuels, was, and polish;
ii) Garden chemicals, including, but not limited to,
fertilizers, herbicides, insect spray, pesticides, and
weed killers;
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iii) Household chemicals, including, but not limited to,
ammonia, cleaners, strippers, and rust removers;
iv) Paint products, including, but not limited to,
paint, caulk, glue, stripper, thinner, and wood
preservatives and stain;
v) 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;
vi) Swimming pool chemicals, including, but not limited
to, chlorine tablets and liquids, pool acids, and
stabilizers;
vii) 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;
viii) Fluorescent tubes and compact florescent lamps;
ix) Mercury-containing items, including, but not limited
to, thermometers, thermostats, and switches;
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x) Home-generated sharps waste, as defined in existing
law; and,
xi) Home-generated pharmaceutical waste. For purposes
of this section, "home-generated pharmaceutical waste"
means a prescription or nonprescription drug, as
specified, 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 distributer and a
retailer.
11)States that the Legislature finds and declares all of the
following:
a) HHW 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.
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 HHW and move collection away from consumer convenience.
c) In addition to other programs for the collection of HHW,
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a number of cities in California are already using curbside
HHW collection program, door-to-door HHW collection
programs, and HHW 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 have found them to be valuable components of a
comprehensive approach to the management of HHW.
d) There is also an appropriate role for manufacturers and
distributors of these products in comprehensive efforts to
more effectively manage HHW. That role should be based on
the ability of manufacturers and distributors to
communicate with consumers.
e) It is the intent of the Legislature to enact legislation
that would establish curbside HHW collection programs,
door-to-door HHW collection programs, and HHW residential
pickup services as the principal means of collecting HHW
and diverting it from California's landfills and waterways.
12)States that no reimbursement is required 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 services mandated by this act.
EXISTING LAW:
1)Requires, under the California Integrated Waste Management Act
of 1989, each city or county to divert 50 percent of solid
waste from landfill disposal or transformation on and after
January 1, 2000. Establishes a statewide policy goal that not
less than 75 percent of solid waste be source reduced,
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recycled, or composted on and after January 1, 2020.
2)Requires cities and counties to prepare, adopt, and submit to
CalRecycle an HHW Element plan which identifies a program for
the safe collection, recycling, treatment, and disposal of
hazardous wastes that are generated by households within the
jurisdiction and provides a specific time frame for achieving
these objectives.
3)Requires CalRecycle and the Department of Toxic Substance
Control (DTSC) to jointly maintain a database of all household
hazardous waste collection events, facilities, and programs
within the state and make that information available to the
public upon request.
4)Establishes the California Oil Recycling Enhancement Act,
which requires manufacturers of used oil to pay a fee of 4
cents per quart (16 cents per gallon) to the Department of
Resources Recycling and Recovery (CalRecycle), which then pays
a recycling incentive of 4 cents per quart to industrial
generators, curbside collection program operators, and
certified used oil collection centers for used oil collected
from the public and transported for recycling.
5)Establishes the Electronic Waste Recycling Act of 2003, which
requires a retailer selling a covered electronic device (CED)
in California to collect a recycling fee (between $3 and $5)
from the consumer. Fees are deposited into the Electronic
Waste Recovery and Recycling Account, which is continuously
appropriated to CalRecycle and the DTSC to make electronic
waste recovery payments to cover the net cost of an authorized
collector in operating a "free and convenient" system for
collecting, consolidating, and transporting CEDs, and to make
electronic waste recycling payments to cover an electronic
waste recycler's average net cost of receiving, processing,
and recycling CEDs. Defines CED as a product that contains a
video display device 4 inches and larger.
6)Establishes the Cell Phone Recycling Act, which requires every
retailer of cell phones to have in place a system for the
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acceptance and collection of used cell phones for reuse,
recycling, or proper disposal.
7)Establishes the Rechargeable Battery Recycling Act, which
requires every retailer of rechargeable batteries to have in
place a system for the acceptance and collection of used
rechargeable batteries for reuse, recycling, or proper
disposal.
8)Establishes the Dry Cell Battery Management Act, which
establishes requirements for the production and labeling of
consumer products with dry cell batteries and sets limits on
the amount of mercury in those batteries.
9)Establishes the Mercury Thermostat Collection Act, which
requires manufacturers to establish and maintain a program for
mercury-added thermostats. Requires the program to include
collection, handling, and arranging for appropriate management
of mercury-added thermostats.
10)Requires pharmaceutical manufacturers that sell or distribute
a medication in California that is usually self-injected at
home with a hypodermic needle to submit to CalRecycle a plan
that describes any actions taken by the manufacturer for the
safe collection and proper disposal
of the waste devices.
11)Establishes the Architectural Paint Recovery Program, which
requires architectural paint manufacturers to develop and
implement a program to manage waste latex paint.
12)Prohibits the disposal of home-generated sharps waste in
solid waste or recycling streams and requires pharmaceutical
manufacturers that sell or distribute a medication in
California that is self-injected at home through the use of a
hypodermic needle, pen needle, intravenous needle, or any
other similar device to annually submit a plan to CalRecycle
that describes what actions, if any, the manufacturer supports
for the safe management of sharps waste.
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FISCAL EFFECT: This bill is keyed fiscal and contains a
state-mandated local program.
COMMENTS:
1)Bill Summary. This bill requires jurisdictions that provide
for the residential collection and disposal of solid waste to
increase the collection and diversion of household hazardous
waste by an unspecified percentage over a baseline amount.
The bill requires each jurisdiction to inform CalRecycle of
its baseline amount of collection and diversion of hazardous
waste in accordance with regulations adopted by CalRecycle, by
an unspecified date, and requires CalRecycle to approve or
disapprove of a jurisdiction's baseline amount by an
unspecified date. A jurisdiction that has in place or adopts
an ordinance implementing a comprehensive program for the
collection of HHW will have an unspecified number of
additional years to meet the collection and diversion
objectives specified in the bill. The bill also allows
CalRecycle to adopt a model ordinance for a comprehensive
program for the collection of HHW to facilitate compliance
with the bill's provisions.
This bill is an author-sponsored measure.
2)Background on HHW. HHW is hazardous waste commonly generated
by households and includes such ubiquitous items as batteries,
pesticides, electronics, fluorescent lamps, used oil,
solvents, and cleaners. If these products are handled or
disposed of incorrectly, they can pose a threat to health and
safety and the environment. When these products are discarded,
they become "household hazardous waste." In California, it is
illegal to dispose of HHW in the trash, down the drain, or by
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abandonment. HHW needs to be disposed of through a HHW
program. While there are many different approaches to the
collection and management of HHW, all are permitted by DTSC
and most are operated by local jurisdictions. Some private
operators operate programs under contract with local
jurisdictions, including curbside and door-to-door collection.
Many common products that are used in daily lives contain
potentially hazardous ingredients and require special care
when disposed of. It is illegal to dispose of hazardous waste
in the garbage, down storm drains, or onto the ground. HHW
are a wide range of products, including lights bulbs,
batteries, electronics, fluorescent lamps tubes,
mercury-containing items, electronic devices, acids,
oxidizers, pesticides, paints, solvents and other products
that pose an environmental threat.
3)Types of HHW Programs:
a) Permanent Household Hazardous Waste Collection
Facilities (PHHWCFs). PHHWCFs are HHW collection
facilities operated by a public agency on a continuous,
regular schedule and housed in a permanent or
semi-permanent structure at a fixed location. The HHW
collected at the PHHWCF can only be stored at the facility
for one year. Wastes are routinely taken for recycling or
disposal, and no wastes are allowed to remain at the
facility for more than one year after the date of
collection. These facilities are authorized under Permit
by Rule (PBR) by the local jurisdiction, according to
regulatory standards adopted by DTSC.
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b) Curbside Collection. Curbside HHW collection programs
may be operated by public agencies to collect one or more
of the following types of HHW: used oil and filters, latex
paint, batteries, electronic wastes, and cell phones.
Curbside collection programs require authorization and are
operated according to the requirements established in the
HHW law.
c) Door-to-Door/Residential Collections. Residential
(door-to-door) HHW collection programs are a subset of the
HHW program and are operated by public agencies to collect
household hazardous wastes directly from individual
residences. Business waste generated by a home-based
business may not be collected by a door-to-door program.
The collected wastes are then transported to an authorized
HHW collection facility. Wastes to be collected by a
door-to-door program must be kept in a secure environment
by the resident and may not be left where they may be
accessed by the public, such as the sidewalk or curbside.
4)Product Stewardship and Extended Producer Responsibility
(EPR). Product stewardship refers to a policy model that
includes manufacturers in the end-of-life management for
products that they produce. The California Product
Stewardship Council states that EPR is a strategy to place a
shared responsibility for end-of-life product management on
all entities involved in the product chain, instead of the
local governments and taxpayers, while encouraging product
design changes that minimize a negative impact on human health
and the environment at every stage of a product's lifecycle.
Ideally, EPR allows the costs of management and disposal to be
incorporated into the total cost of a product. Good EPR
programs result in products that are better designed for reuse
and recycling, make recycling more convenient for consumers,
reduce illegal disposal of hazardous materials, and encourage
the use of recycled materials in new products.
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In 2007, CalRecycle adopted strategic directives to guide solid
waste management in California. Strategic Directive 5:
Producer Responsibility states that "it is a core value of
[CalRecycle] that producers assume the responsibility for the
safe stewardship of their materials in order to promote
environmental sustainability."
5)Author's Statement. According to the author, "Many common
household products such as antifreeze, drain cleaners,
household batteries, electronics, glue and adhesives,
household cleaners, paints, pesticides, pool cleaners,
solvents, sharps and products containing mercury
(thermometers, fluorescent lights, etc.) are hazardous. If
these products are handled or disposed of incorrectly, they
can pose a threat to human health, animals and the
environment. When these products are discarded, they become
"household hazardous waste" (HHW).
"CalRecycle's 2008 Waste Characterization Study (2014 data
will be available in May of 2015) estimates that California
residents throw away approximately 120,379 tons of household
hazardous waste (HHW and E-Waste) annually. In California, it
is illegal to dispose of HHW in the trash, down the drain, or
by abandonment.
"Ultimately the goal of the bill is to increase the
diversion/reduction of HHW from the regular waste stream. Two
important factors have been identified in the scientific
literature looking at HHW disposal behavior - convenience and
knowledge of appropriate disposal.
"In 1989, landmark legislation (AB 939 by Assemblymember Sher)
was enacted that, among other things, required local
jurisdictions to "divert" 50% of all solid waste from landfill
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disposal through source reduction, recycling, and related
activity by January 1, 2000. The "AB 939 Diversion" program
is heralded as an environmental and economic success. The law
has conserved landfill capacity, created green jobs and
businesses, reduced greenhouse gases, conserved natural
resources, and contributed to the fight against climate
change. As much as any law enacted in California, AB 939 has
contributed to the modern environmental ethic of stewardship.
"AB 45 borrows from the demonstrably successful "diversion"
laws and programs described above and requires local
jurisdictions to "divert" a yet to be determined percentage of
HHW from landfills by 2020. Local jurisdictions that deploy
convenient comprehensive residential collection programs will
be given more time to achieve the diversion objective."
6)Previous Legislation. AB 2371 (Mullin) of 2014, as heard by
this Committee, would have required each jurisdiction, no
later than January 1, 2016, to review its HHW Element to
determine its effectiveness in the collection, recycling,
treatment, and disposal of household hazardous waste. The
bill additionally would have required CalRecycle, on or before
January 1, 2017, to submit a report to the Legislature that
analyzes the effectiveness of the state's household hazardous
waste management system, and identify certain factors for
CalRecycle to consider in that report. The bill was later
amended to deal with a different subject matter.
7)Related Legislation. AB 1159 (Gordon), pending in the
Environmental Safety and Toxic Materials Committee, would
establish a pilot product stewardship program for the
management of medical sharps and household primary batteries.
8)Policy Considerations. The Committee may wish to consider the
following:
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a) Blanks. The Committee may wish to ask the author what
he intends to specify in the following blanks in the bill:
i) 47121 (a)(1). On or before _____, each jurisdiction
shall increase its collection and diversion of HHW in its
service area by _____ percent over its baseline amount,
as established in subdivision (b).
ii) 47121 (a)(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
_____years to meet the collection and diversion objective
in paragraph (1).
iii) 47121 (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 _____.
iv) 47123. Commencing _____, and annually thereafter,
each jurisdiction shall report to the department on
progress achieved in complying with this section.
b) Local Control. According to the Solid Waste Association
of Northern California, in opposition, "Jurisdictions
across the state have invested in infrastructure and
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collection programs to provide different forms of
convenience to residents. Some cities and counties have
permanent facilities, some have mobile roundup events, and
some have a combination of both types of collection
opportunities. Several jurisdictions have residential
curbside or door-to-door collection, particularly for the
elderly and disabled population. Certain jurisdictions
have also implemented a variety of approaches that include
the collection of sharps at convalescent homes, batteries
at public libraries, pharmaceuticals at law enforcement
offices, and used marine oil at ports. This local
flexibility is a fundamental tenet of the Integrated Waste
Management Act, including for HHW programs. These existing
HHW collection programs are robust, comprehensive, cost
effective, and tailored for the communities served by the
jurisdictions."
c) Right Approach? The California State Association of
Counties (CSAC), in opposition, writes that CSAC "strongly
supports the concept of EPR. While this model may not be
appropriate for all products, EPR is an excellent tool to
employ for the producers of toxic and expensive-to-manage
products, requiring the industries that profit from the
products to have a stake in their proper management and
disposal. Furthermore, this model incentivizes producers
to incorporate environmental considerations in their design
process, creating healthier products that are less toxic to
our environment.
"We believe that AB 45 would have the opposite effect on
California's HHW management system. Requiring local
jurisdictions to create a HHW baseline amount, which would
be used to calculate an unspecified diversion mandate,
removes all incentive for the creation of additional EPR
programs in California. HHW management is a very expensive
process as these toxic products require very specific
handling and local governments and taxpayers should not
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have to bear the entire burden of managing these products.
Furthermore, HHW is much different than municipal solid
waste and creating targets for division is more complicated
than household garbage. HHW includes a number of different
products, including fluorescent lamps and tubes, various
chemicals, sharps, pharmaceuticals and more. Households
consume varying amounts of these types of products and hold
onto them for varying amounts of time, thus making the
development of a baseline difficult."
Additionally, the California Product Stewardship Council
(CPSC), in opposition, writes that "CPSC is concerned that
a mandate on local governments, who are already technically
required to divert 100 percent of HHW from landfills, will
create resource pressures on local governments in order to
divert a relatively minor, but very concerning, portion of
the waste stream which likely will dramatically increase
garbage rates and/or taxes.
"While we support a policy known as 'Extended Producer
Responsibility'?.we have always been open to discussing
alternative solutions that provide for a sharing of the
responsibility between local governments, manufacturers,
and others. Our opposition to AB 45 is based on the fact
that the bill currently places all of the responsibility on
local governments without any sharing of responsibilities."
9)Arguments in Support. Eli Lilly and Company supports the bill
if it is amended "to expressly pre-empt local ordinances that
mandate the collection of household waste including the
collection of home generated sharps or prescription or
non-prescription medicines."
10)Arguments in Opposition. Opponents argue that this bill will
not substantially increase participation in HHW collection,
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but will significantly increase costs to local government, and
erode the path to EPR that is now supported by many cities and
counties within California.
11)Double-Referral. This bill is double-referred to the
Environmental Safety and Toxic Materials Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Eli Lilly and Company (If Amended)
Opposition
Alameda County Board of Supervisors (In Concept)
California Product Stewardship Council
California State Association of Counties
Cities of Burbank, Diamond Bar, Lawndale, Paramount, Roseville,
Santa Monica, and Torrance
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Counties of San Bernardino and Tulare
Marin County Board of Supervisors
Lincoln Police Department
Los Angeles County (Concerns)
Los Angeles County Integrated Waste Management Task Force
Rocklin Police Department
Roseville Police Chief
Rural County Representatives of California
Placer County Board of Supervisors
Sacramento County Board of Supervisors
Santa Clara County Board of Supervisors
Solid Waste Association of North America, California Chapters
Stanislaus County Board of Supervisors
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Urban Counties Caucus
Western Pacer Waste Management Authority
Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958