Amended in Assembly August 15, 2016

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 Bill No. 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. Surplus household consumer product 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 make findings and recommendations relating to requirements for the management of surplus household consumer products, waste reduction opportunities for those products, and waste management requirements, as specified. The bill would require the working group to report these findings and 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:

SECTION 1.  

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

25218.14.  

(a) The department shall convene a Retail Waste
Working Group comprised of representatives of large retailers,
small retailers, district attorneys, certified unified program
agencies, nongovernment organizations, begin insert local governments, end insert other
relevant state agencies as determined by the department,
manufacturers, reverse distributors, and other stakeholders to
consider and make findings and recommendations on the following:

(1) Regulatory and statutory requirements that may be
considered confusing or may need clarification or specification
when applied to the overall management by manufacturer,
distributor, supplier, vendor, retail, and reverse logistics facilities
of surplus household consumer products, including products that
can be considered hazardous waste or pharmaceutical waste once
a waste determination is made.

(2) Statutory or regulatory recommendations to facilitate and
increase the donation, liquidation, and sale of surplus household
consumer begin delete products end delete begin insert products, end insert and waste reduction opportunities
for those begin delete products end delete begin insert products, end insert and to clarify waste management
requirements to encourage the management of surplus household
consumer products by manufacturer, distributor, supplier, vendor,
retail, and reverse logistics facilities in a manner that is protective
of public health and the environment.

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

(c) By June 1, 2017, the Retail Waste Working Group shall
report the findings and recommendations made pursuant to
subdivision (a) to the Legislature.