BILL ANALYSIS Ó
AB 45
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 45
Mullin - As Amended April 23, 2015
SUBJECT: Household hazardous waste
SUMMARY: Requires local jurisdictions to increase diversion of
household hazardous waste (HHW). Specifically, this bill:
1) Defines "comprehensive program for the collection of
household hazardous waste" as a local program that includes
the following components:
a. Utilization of locally sponsored collection
sites;
b. Scheduled and publicly advertised drop off
days;
c. Door-to-door collection programs;
d. Mobile collection programs;
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e. Dissemination of information to consumers
about HHW disposal; and,
f. Education programs.
2) Defines "household hazardous waste" to include
automotive products, garden chemicals, household chemicals,
paint products, consumer electronics, swimming pool
chemicals, batteries, fluorescent tubes and compact
fluorescent bulbs, mercury-containing products,
home-generated sharps, and home-generated pharmaceutical
waste.
3) Requires, on or before July 1, 2020, each jurisdiction
to increase its collection and diversion of HHW in its
service area by 15 percent over its baseline amount.
4) Allows a jurisdiction that has adopted a comprehensive
program for the collection of HHW an additional two years
to comply with the increased diversion goals.
5) Requires, on or before July 1, 2016, each jurisdiction
to inform the Department of Resources Recycling and
Recovery (CalRecycle) of its baseline amount of collection
and diversion of HHW.
6) Authorizes CalRecycle to adopt regulations for
implementation.
7) Authorizes CalRecycle to adopt a model ordinance for a
comprehensive program for the collection of HHW.
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8) Requires, commencing July 1, 2020, and annually
thereafter, jurisdictions to report to CalRecycle on
progress achieved in compliance.
9) Exempts jurisdictions that do not provide for the
residential collection and disposal of solid waste from the
requirements of the bill.
EXISTING LAW:
1) Pursuant to the Integrated Waste Management Act of 1989,
requires each city and county in California to implement
plans to divert 25 percent of its waste stream by 1995 and
50 percent starting in 2000. (Public Resources Code (PRC) §
41780 et seq.)
2) Defines hazardous wastes as those identified in
regulation by DTSC; wastes categorized as hazardous under
the federal Resource Conservation and Recovery Act; and,
extremely hazardous waste and acutely hazardous waste.
(Health & Safety Code § 25117)
3) Requires each city to prepare, adopt, and submit to the
county in which the city is located a HHW element which
identifies a program for the safe collection, recycling,
treatment, and disposal of hazardous wastes, which are
generated by households in the city and which should be
separated from the solid waste stream. (PRC § 41500)
4) Authorizes a city HHW element to include a program for
the safe collection, treatment, and disposal of sharps
waste generated by households. (PRC § 41502)
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5) Requires each county to prepare a HHW element which
identifies a program for the safe collection, recycling,
treatment, and disposal of hazardous wastes, which are
generated by households in the city and which should be
separated from the solid waste stream. (PRC § 41510)
6) Authorizes a county HHW element to include a program for
the safe collection, treatment, and disposal of sharps
waste generated by households. (PRC § 41502)
7) Requires the California Integrated Waste Management
Board (CIWMB) to coordinate with the Department of Toxic
Substances Control (DTSC) to develop and implement a public
information program to provide uniform and consistent
information on the proper disposal of hazardous substances
found in and around homes, and to assist the efforts of
counties required to provide HHW collection, recycling, and
disposal programs. (PRC § 47050 - 47051)
8) Requires a county, as part of its countywide integrated
waste management plan, to implement HHW collection,
recycling, and disposal identified in the plan which
serving the population of the unincorporated area of the
county, and requires the CIWMB to provide technical
assistance to local governments and other agencies which
establish HHW management programs. (PRC § 47100 - 47102)
9) Authorizes any city or county to increase its solid
waste collection fees to offset the cost to the city or
county of establishing, publicizing, and maintaining an HHW
collection, recycling, and disposal program. (PRC § 47109)
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10) Requires manufacturers of self-injectable medications to
annually submit a plan describing how it provides for the
safe collection and proper disposal of medical sharps. (PRC
§ 47115)
11) Allows the CIWMB to provide grants to local governments
to help prevent the disposal of HHW, including for programs
that expand or initially implement HHW programs. (PRC §
47200)
12) Establishes the Electronic Waste Recycling Act of 2003
to provide sufficient funding for the safe, cost-free, and
convenient collection and recycling of 100 percent of the
covered electronic waste initially discarded in the state
and end the illegal disposal of covered electronic devices.
(PRC § 48460, et seq.)
13) Establishes the California Oil Recycling Enhancement Act
to reduce the illegal disposal of used oil and recycle and
reclaim used oil to the greatest extent possible. (PRC §
48600 et seq.)
14) Regulates seven categories of hazardous wastes that can
be managed as universal wastes. (California Code of
Regulations (CCR), Title 22, Division 4.5, Ch. 22)
FISCAL EFFECT: Unknown.
COMMENTS:
Purpose of the bill: According to the author, " In 1989,
landmark legislation (AB 939 by Assemblymember Sher) was enacted
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that, among other things, required local jurisdictions to
"divert" 50% of all solid waste from landfill 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.
"It is illegal to dispose of HHW in the trash, down the drain,
or by abandonment. However, people may not know the hazardous
effects of these products on human health, animals and the
environment. If they are aware, disposing of the product
properly may not be convenient.
"Data shows California averages a convenience or participation
rate of only 7%. Although there are other means of collecting
HHW products, this paltry participation rate shows how much
improvement the state can make in the future.
AB 45 borrows from the demonstrably successful "diversion" laws
and programs described above and requires local jurisdictions to
"divert, reduce or increase participation rates" of household
hazardous waste (HHW) from landfills and waterways."
Universal waste: Under current law, it is illegal to dispose of
hazardous waste in the garbage, down storm drains, or onto the
ground. Universal waste, which is regulated by DTSC (CCR, Title
22, Division 4.5, Chapter 23), comes primarily from consumer
products containing mercury, lead, cadmium and other substances
that are hazardous to human health and the environment. Examples
of universal waste are batteries, fluorescent tubes, and many
electronic devices. These items cannot be discarded in household
trash nor disposed of in landfills.
Existing local HHW programs: Current law requires each city and
county to prepare, adopt and submit an HHW plan, as part of its
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integrated waste management plan, for the safe collection,
recycling, treatment, and disposal of hazardous wastes generated
by households.
A local jurisdiction can use a number of tools to implement its
HHW plan, including, but not limited to, door-to-door
collection, periodic community-wide or neighborhood HHW
collection, permanent HHW drop-off sites, and designated
drop-off days / collection events.
Each jurisdiction in California is mandated to submit a form
annually to CalRecycle (Form 303) with data regarding the amount
of HHW, including universal waste and other related waste
collected by local programs and the methods for managing these
waste streams. There are currently 209 local agencies
participating in the submission of Form 303.
Extended Producer Responsibility (EPR): There are a number of
existing, state-wide EPR programs for household hazardous waste
products covered under this bill, including, but not limited to:
Paint stewardship : The California Paint Stewardship Law
(Chapter 420, Statutes of 2010) follows producer
responsibility principles to ensure that leftover paint is
properly managed in a manner that is sustainably funded. Under
the program, manufacturers are required to establish and
finance a safe and reliable system for the recovery and proper
management of leftover paint from residents and businesses.
Historically, paint has represented almost one-third of the
material collected through local HHW programs and costs local
government millions of dollars to manage.
Used oil : The California Used Oil Recycling Enhancement Act
(Chapter 817, Statutes of 1991) requires oil manufacturers to
pay to CalRecycle an established fee per gallon of lubricating
oil sold in California. CalRecycle can use those fees to
provide grants to industrial generators, curbside collection
programs, and certified collection centers as incentive
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payments to discourage the illegal disposal of used oil and
increase used oil recycling.
How much is there? According to the most recent Waste
Characterization Study released by the CWIWMB (now CalRecycle)
in 2008 0.3% of the overall waste steam was HHW. That 0.3% is
broken down as:
Household Hazardous Waste
-------------------------------------------
|Material |Est. tons |
| | |
| | |
|---------------------+---------------------|
|Paint |48,025 tons |
| | |
| | |
|---------------------+---------------------|
|Vehicle and |6,424 tons |
|equipment fluids | |
| | |
| | |
|---------------------+---------------------|
|Used oil |3,348 tons |
| | |
| | |
|---------------------+---------------------|
|Batteries |19,082 tons |
| | |
| | |
|---------------------+---------------------|
|Composite special |48,873 tons |
|wastes | |
| | |
| | |
-------------------------------------------
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Technical Amendment: To provide jurisdictions the greatest
amount of flexibility possible, the Committee may wish to
consider amending the definition of "Comprehensive program for
the collection of household hazardous waste" as follows:
On page 3, starting on line 23, amend (a) to read:
(a) "Comprehensive program for the collection of
household hazardous waste" means a local program that
includes may include, but not be limited to, the
following components:
Related bills:
1)AB 649 (Patterson). Authorizes law enforcement agencies to use
prescription drug incinerators approved and permitted by the
California Department of Public Health for treatment of
collected pharmaceutical waste. This bill is pending in the
Assembly Appropriations Committee.
2)AB 1159 (Gordon). Establishes a pilot product stewardship
program for the management of medical sharps and household
primary batteries. This bill is set to be heard in the
Assembly Environmental Safety & Toxic Materials Committee on
April 28, 2015.
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Double referral: This bill was double referred to the Assembly
Local Government Committee, where it passed out on April 22,
2015, on a 6-3 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
Biocom
Biotechnology Industry Association
California Cable & Telecommunica5tions Association
California Healthcare Institute
TechNet
Opposition
California Product Stewardship Council
California State Association of Counties
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City of Diamondbar
City of Duarte
City of La Verne
City of Lakewood
City of Lomita
City of Roseville
City of Santa Monica
City of Thousand Oaks
City of Torrance
Contra Costa Clean Water Program
County of Monterey
County of Placer
County of Sacramento
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County of San Bernardino
County of San Mateo
County of Santa Clara
County of Stanislaus
County of Tulare
Lincoln Policy Department
Los Angeles County Integrated Waste Management Task Force
Rocklin Police Department
Roseville Police Department
Sold Waste Association of North America
Western Placer Waste Management Authority
Analysis Prepared by:Paige Brokaw / E.S. & T.M. / (916) 319-3965
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