Amended in Assembly August 1, 2016

Amended in Assembly June 30, 2016

Amended in Assembly June 21, 2016

Amended in Senate August 31, 2015

Amended in Senate July 6, 2015

Amended in Senate June 3, 2015

Senate BillNo. 423


Introduced by Senator Bates

February 25, 2015


An act to add Section 25218.14 to the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 423, as amended, Bates. begin deleteConsumer end deletebegin insertSurplus household consumer end insertproduct waste: management.

Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Department of Toxic Substances Control, 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. Existing law provides for regulation of the disposition of hazardous waste by the Department of Toxic Substances Control.

This bill would require the Department of Toxic Substances Control to convene a Retail Waste Working Group, as prescribed, to consider and makebegin insert findings andend insert recommendations relating to requirements for the management ofbegin insert surplus householdend insert consumerbegin delete products that are wastes,end deletebegin insert products,end insert waste reduction opportunities forbegin delete consumerend deletebegin insert thoseend insert products, andbegin delete hazardousend delete waste managementbegin delete requirements in the retail industry,end deletebegin insert requirements,end insert as specified. The bill would require the working group to report thesebegin insert findings andend insert recommendations to the Legislature by June 1, 2017.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 25218.14 is added to the Health and
2Safety Code
, to read:

3

25218.14.  

(a) The department shall convene a Retail Waste
4Working Group comprised of representatives of large retailers,
5small retailers, district attorneys, certified unified program
6agencies, nongovernment organizations, other relevant state
7agencies as determined by the department, manufacturers, reverse
8distributors, and other stakeholders to consider and makebegin insert findings
9andend insert
recommendations on the following:

10(1) Regulatory andbegin delete policyend deletebegin insert statutoryend insert requirements that may be
11considered confusing or may need clarification or specification
12when applied to the overall managementbegin insert by manufacturer,
13distributor, supplier, vendor, retail, and reverse logistics facilitiesend insert

14 ofbegin insert surplus householdend insert consumerbegin delete products that are wastes,end deletebegin insert products,end insert
15 includingbegin delete thoseend deletebegin insert productsend insert thatbegin delete areend deletebegin insert can beend insert considered hazardous
16begin delete wastes when theend deletebegin insert waste or pharmaceutical waste once aend insert waste
17determination is made.

18(2) begin deleteConsensus policy or end deletebegin insertStatutory or end insertregulatory
19recommendations to facilitate and increasebegin insert the donation,
20liquidation, and sale of surplus household consumer products andend insert

21 waste reduction opportunities forbegin delete consumerend deletebegin insert thoseend insert products and to
22clarifybegin delete hazardousend delete waste management requirementsbegin delete in the retail
23industryend delete
to encouragebegin delete safe and efficient options for managing waste
24andend delete
begin insert the management ofend insert surplusbegin insert householdend insert consumerbegin delete products.end delete
25
begin insert products by manufacturer, distributor, supplier, vendor, retail,
26and reverse logistics facilities in a manner that is protective of
27public health and the environment.end insert

begin insert

28
(b) For purposes of this section, “surplus household consumer
29product” means a household consumer product that cannot or will
30not be sold to a consumer through that product’s primary market.

end insert
begin delete

P3    1(b)

end delete

2begin insert(c)end insert By June 1, 2017, the Retail Waste Working Group shall
3report thebegin insert findings andend insert recommendations made pursuant to
4subdivision (a) to the Legislature.



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