BILL ANALYSIS Ó
AB 45
Page 1
ASSEMBLY THIRD READING
AB
45 (Mullin)
As Amended January 21, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Local |6-3 |Gonzalez, Cooley, |Maienschein, Alejo, |
|Government | |Gordon, Holden, |Chiu |
| | |Linder, Waldron | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Environmental |4-2 |Alejo, Gonzalez, |Dahle, Gallagher |
|Safety | |McCarty, Ting | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |12-0 |Gomez, Bloom, | |
| | |Bonilla, Bonta, | |
| | |Calderon, Daly, | |
| | |Eggman, Eduardo | |
| | |Garcia, Holden, | |
| | |Quirk, Weber, Wood | |
| | | | |
| | | | |
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AB 45
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SUMMARY: Requires the California Department of Resources
Recycling and Recovery (CalRecycle) to adopt one or more model
ordinances for a comprehensive program for the collection of
household hazardous waste (HHW), and allows a local jurisdiction
to adopt one of the model ordinances. Specifically, this bill:
1)Requires CalRecycle, in consultation with affected industries
and stakeholders, to adopt one or more model ordinances for a
comprehensive program for the collection of HHW for adoption
by any local jurisdiction that provides for the residential
collection and disposal of solid waste.
2)Requires CalRecycle, upon adoption of the model ordinance or
ordinances, to notify the public by positing the ordinances on
their Internet Web site.
3)Allows, after CalRecycle complies with the posting
requirements in 2) above, a local jurisdiction that proposes
to enact an ordinance governing the collection and diversion
of HHW to adopt one of the model ordinances.
4)Requires CalRecycle to 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:
a) Educate residents of communities on the existence of HHW
disposal programs and how to use them; and,
b) Defray the cost of components of local government HHW
programs.
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5)Requires CalRecycle, in making the determination in 4) above,
to consider the following:
a) If the nonprofit organization has, at the time of the
determination, a minimum of $5 million dedicated to grants
to local governments for the purposes described in 4)
above.
b) If the nonprofit organization will have sufficient
funding to allocate grants to local governments throughout
the state for five years;
c) If 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 the disposal of HHW; and,
d) If the nonprofit organization has appropriate criteria
for considering grant applications.
6)Provides that this bill is applicable only to local
jurisdictions that provide for the residential collection and
disposal of solid waste.
7)Repeals the provisions of this bill on January 1, 2019, if
CalRecycle does not make the determination that an appropriate
nonprofit organization exists, as specified in 4) and 5)
above, by December 31, 2018.
8)Defines the following terms:
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a) "Comprehensive program for the collection of HHW" to
mean a local program that may include, but is not limited
to, 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 use 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, wax, 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, computer mice,
microwaves, and related cords;
vi) Swimming pool chemicals, including, but not limited
to, chlorine tablets and liquids, pool acids, and
stabilizers;
vii) Household batteries, defined as 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 fluorescent lamps;
ix) Mercury-containing items, including, but not limited
to, thermometers, thermostats, and switches;
x) Home-generated sharps waste, as defined in existing
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law; and,
xi) Home-generated pharmaceutical waste, defined as 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.
9)Makes a number of findings and declarations.
EXISTING LAW:
1)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.
2)Requires, under the California Integrated Waste Management Act
of 1989, each city or county to divert 50% of solid waste from
landfill disposal or transformation on and after January 1,
2000. Establishes a statewide policy goal that not less than
75% of solid waste be source reduced, recycled, or composted
on and after January 1, 2020.
3)Requires CalRecycle and the Department of Toxic Substance
Control (DTSC) to jointly maintain a database of all HHW
collection events, facilities, and programs within the state
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and make that information available to the public upon
request.
4)Requires the California Integrated Waste Management Board to
coordinate with 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.
5)Requires CalRecycle, upon appropriation by the Legislature, to
distribute grants to cities, counties, or other local agencies
with the responsibility for solid waste management, and for
local programs to help prevent the disposal of hazardous
wastes at disposal sites, which include but are not limited to
programs that expand or implement HHW programs.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill contains increased annual costs to
CalRecycle in the range of $200,000 to $300,000 (special fund).
COMMENTS:
1)Bill Summary. This bill requires CalRecycle, in consultation
with affected industries, to adopt one or more model
ordinances for a comprehensive program for the collection of
HHW for adoption by a local jurisdiction that provides for the
residential collection and disposal of solid waste. Local
jurisdictions proposing to enact an ordinance to govern the
collection and diversion of HHW may adopt one of the model
ordinances after CalRecycle has posted the model ordinances on
its Web site. Additionally, this bill requires CalRecycle to
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determine if an appropriate nonprofit organization has been
created and funded to make grants to local governments for
specified activities relating to HHW programs. This bill
requires CalRecycle to consider a list of factors in making
the determination about the nonprofit organization. The
provisions of this bill will be repealed on January 1, 2019,
if CalRecycle does not make the determination that an
appropriate nonprofit organization exists by December 31,
2018. 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 abandonment. HHW needs to be disposed of
through a HHW program.
Cities and counties are required to prepare, adopt, and submit
to CalRecycle, a HHW Management Element Plan, which identifies
a program for the safe collection, recycling, treatment, and
disposal of HHW. The Element Plan specifies how HHW generated
within the jurisdiction must be collected, treated, and
disposed. Each jurisdiction is required to prepare and
implement plans to reduce and safely collect, recycle, treat,
and dispose of HHW and provides a specific time frame for
achieving these objectives. While there are many different
approaches for 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.
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3)Author's Statement. According to the author, "State law has
loosely regulated HHWs for approximately 25 years. AB 45 aims
to coordinate with affected industries like local governments,
producers of HHW products, and CalRecycle to adopt model
ordinances for a comprehensive program for the collection of
HHW. Local governments have the option to choose whether or
not to use the model ordinances listed by CalRecycle. In
addition, CalRecycle will determine whether or not an
appropriate nonprofit organization has been created and funded
for the purpose of making grants to local governments. This
non-profit will be created to assist in educating residents
about HHW disposal programs and how to use them. In addition,
the Department will ensure that product manufacturers
contribute a minimum of five million dollars to the non-profit
for defraying the cost of components of local government HHW
programs."
4)Related Legislation. AB 2371 (Mullin) of 2014, as heard by
the Assembly Local Government 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 HHW, and
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 HHW management system. AB 2371
was later amended to deal with a different subject matter.
AB 1159 (Gordon) of 2015 would have established a limited-term
product stewardship program for home-generated medical sharps
and household batteries. AB 1159 was held in the Assembly
Appropriations Committee.
5)Policy Considerations. The Legislature may wish to consider
the following:
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a) Nonprofit Organization. This bill is contingent on a
determination made by CalRecycle on whether an appropriate
nonprofit organization has been created and funded for the
purpose of making grants to local governments. Under this
bill, CalRecycle is required to consider a list of factors
in making this determination, which includes whether the
nonprofit organization has $5 million and if the nonprofit
organization has sufficient funding to allocate to local
governments for five years. The Legislature may wish to
consider that, while CalRecycle must consider certain
factors, there are no requirements in this bill to require
that a specified amount of funding is distributed.
The California State Association of Counties (CSAC),
opposed unless amended, argues that "there is a lack of
criteria, specific qualifications, or process as to how
these non-profits would operate. The bill arbitrarily
identifies the amount of five million dollars as a
sufficient amount for grants to local governments. HHW
management is a very expensive process as those toxic
products require very specific handling. We question how
this number was deemed sufficient."
In a letter to the author, the Advanced Medical Technology
Association, Biotechnology Industry Organization, Consumer
Healthcare Products Association, and the Pharmaceutical
Research and Manufacturers of America state "the
undersigned associations commit that following the
enactment of AB 45 in a form that our member companies
believe will ensure a strong commitment by local government
to a comprehensive state-wide approach to disposal of
(HHW), we will facilitate the establishment and funding of
an appropriate non-profit entity dedicated to providing
education to California consumers about the appropriate
handling and disposal of our industries' products. This
entity, which we propose to be funded by the industry
participants represented by the signatories of this letter,
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as well as other impacted groups, would be funded at the
amount of $5 million over a 5-year period."
b) Current Programs and Definitions. The Legislature may
wish to consider how current programs and definitions
pertaining to the management of HHW will interact with the
provisions in this bill.
i) Grant Funding. CSAC states, "CalRecycle currently
runs a HHW grant program. There are no findings in the
bill indicating why such a move could, or would be an
improvement over the current system."
ii) HHW Element Plan. According to CSAC, "jurisdictions
across the state have developed comprehensive ordinances
to collect and manage HHW, each tailored to the needs of
their respective community. We question the need for a
general HHW model ordinance when locals are required to
have them in place already. In addition, there is little
guidance within the legislation to indicate the types of
ordinances that might be developed."
iii) Definitions. CSAC argues that "the bill includes a
new, broader definition of HHW, which includes
home-generated pharmaceutical waste, such as prescription
or non-prescription drugs. This would ban the disposal
of these drugs without a comprehensive plan in place to
collect this material. We believe that a specific
collection model is necessary for these types of
materials, as a typical local collection event, or
curbside program is not appropriate for dangerous
substances. CSAC supports a product stewardship model
for pharmaceutical waste, which incentivizes the
industries that profit from these products to have a
significant stake in their proper management and
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disposal."
iv) Shared Responsibility. Product Stewardship and
Extended Producer Responsibility (EPR) 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."
CSAC argues that "the role of industry, or other
stakeholder participation outlined in the bill lacks
critical detail."
6)Arguments in Support. Supporters argue that industry is
considering approaches that would support consumer education
and local governments in the implementation of comprehensive
programs with the goal to increase compliance with the State's
goals of diverting HHW from the waste stream. Supporters
believe such approaches complement this bill's intent to build
on the residential collection system to ensure consumer
convenience and enhance participation rates without mandates
on local governments.
7)Arguments in Opposition. Santa Barbara County, in opposition,
states "We believe that retailers and manufacturers should
participate in the end-of-life management of the products they
put on the market. We are disappointed that AB 45 moves away
from this shared responsibility approach and instead continues
to make local jurisdictions solely responsible for collecting
HHW. The recent amendments mention a non-profit organization
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that will provide grants to jurisdictions for HHW programs,
but we are not clear how this non-profit organization will be
formed or how the funds will be generated."
Analysis Prepared by:
Misa Lennox and Debbie Michel / L. GOV. / (916)
319-3958 FN:
0002600