BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2127
                                                                  Page 1

          Date of Hearing:   April 25, 2006

           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
                                  Ira Ruskin, Chair
               AB 2127 (Plescia and Tran) - As Amended:  April 17, 2006
           
          SUBJECT  :   Hazardous Waste:  alkaline batteries

           SUMMARY  :   Provides an exception to the disposal prohibition for  
          alkaline batteries until January 2008 and requires studies as to  
          the safety of their disposal in a solid waste landfill and  
          collection infrastructure costs.

          Specifically,  this bill  :

             1.   Makes various findings and declarations regarding  
               alkaline batteries.
             2.   Defines alkaline battery and battery for the purposes of  
               this bill.
             3.   Allows for the disposal of alkaline batteries generated  
               by householders and small quantity generators in a  
               permitted solid waste landfill until January 2008.
             4.   Requires the California Integrated Waste Management  
               Board (IWMB) and the State Water Resources Control Board  
               (SWRCB) to study the environmental impacts, the extent of  
               any impact, and proposed solutions to mitigate impacts,  
               from the disposal of alkaline batteries solid waste  
               landfills.
             5.   Requires the Legislative Analyst to evaluate the cost of  
               developing an infrastructure to collect alkaline batteries  
               from consumers and the financial impact on them if they are  
               required to fund the development of the necessary impact.

           EXISTING LAW:    Existing law defines the term batteries, for  
          purposes of the hazardous waste control laws, including  
          nickel-cadmium, alkaline, carbon-zinc, and other batteries  
          generated as waste, that are not subject to the federal  
          Resources Conservation and Recovery Act of 1976 (RCRA).   
          Existing law authorizes DTSC to exempt, by regulation, from the  
          hazardous waste control laws, specified hazardous waste  
          management activities if those wastes are identified as a  
          universal waste and meet other specified requirements.   
          Household batteries are universal waste and cannot be disposed  
          in a solid waste landfill.









                                                                  AB 2127
                                                                  Page 2

           FISCAL EFFECT  :   Unknown, but potentially significant to test  
          alkaline batteries in a landfill environment.


           COMMENTS  :  


             1)   Ban on Disposal of Electronic Waste / Universal Waste  :   
               Regulations to protect public health and the environment  
               have been changing.  Some common items, such as small  
               batteries, traditionally thrown away have now been  
               determined to be hazardous wastes and cannot be disposed in  
               landfills.  These common items are referred to as hazardous  
               waste, and some of them can be classified as universal  
               waste (u-waste).  U-Wastes, as defined by federal and state  
               law, are hazardous wastes that are more common and pose a  
               lower risk to people and the environment than other  
               hazardous wastes.  For California, per DTSC regulations, as  
               of February 9, 2006, all "u-waste" items including those  
               generated by households and small businesses are banned  
               from disposal at a solid waste landfill.  Small household  
               batteries, including alkaline batteries, as well as other  
               common products, are on the list of non-disposal item as  
               shown below.  


                  a.        Fluorescent lamps and tubes  .  Includes  
                    fluorescent tubes, compact fluorescent lamps, metal  
                    halide lamps, and sodium vapor lamps.


                   b.        Batteries  .  Includes all batteries, AAA, AA,  
                    C, D, button cell, 9-volt, and all others, both  
                    rechargeable and single use.


                   c.        Computer and television monitors  .  Most  
                    monitors are currently considered hazardous waste when  
                    they have lived their life and are ready for recycling  
                    or disposal, including cathode ray tube (CRT), liquid  
                    crystal diode (LCD), and plasma monitors.


                   d.        Electronic devices  .  Includes computers,  
                    printers, VCRs, cell phones, telephones, radios, and  








                                                                  AB 2127
                                                                  Page 3

                    microwave ovens.

              2)   Alkaline Batteries:   These are the small batteries, such  
               as AAA, AA, D, C, and 9 volt that consumers purchase to  
               power a huge assortment of goods.  According to DTSC, it is  
               estimated that about 500,000,000 alkaline batteries are  
               disposed in California each year. This amount of batteries  
               has significant potential to leach alkaline leachable  
               constituents, such as arsenic, after disposal in landfills.  
                When disposed in hazardous waste landfills, alkaline  
               batteries pose a much lesser hazard because the landfills  
               are designed, sited, and operated to hold hazardous wastes.  
                In addition, hazardous waste landfills must keep  
               post-closure bonds to maintain leachate collection,  
               removal, and treatment systems after disposal.  The sponsor  
               of AB 2127 contends that, while alkaline batteries test  
               hazardous in a laboratory environment, how they 'behave' in  
               a landfill environment has not been determined and thus the  
               need for the bill.

              3)   Federal Law / State Law / Regulations  :  Alkaline  
               batteries are exempt from federal regulation [the Federal  
               Resource Conservation and Recovery Act (RCRA)] as a  
               hazardous waste.  However, California's process for  
               determining hazardous waste is more stringent than the  
               federal government.  An example is alkaline batteries and  
               California's test for corrosivity.  Alkaline batteries  
               exhibit a hazardous waste characteristic for corrosivity  
               and are considered a hazardous waste.  However, they are  
               identified as a universal waste, so they can be managed in  
               that framework which is much less burdensome than that for  
               hazardous waste, but still must not be disposed in a solid  
               waste landfill.
          

              4)   Alkaline Battery Recycling  :  While there is no recycler  
               in California for alkaline batteries, there are several  
               companies who serve as consolidation and distribution  
               points for recycling opportunities outside of California.   
               The batteries are shredded and case metals are separated  
               using conventional techniques.  Manganese and zinc  
               remaining in the process effluent are collected, filtered,  
               and sold.










                                                                  AB 2127
                                                                  Page 4

           Suggested Amendments  :


          The inclusion of the exception to the disposal ban for alkaline  
          batteries as proposed in AB 2127 is not sound policy.  The  
          disposal ban is based upon the existing statutory and regulatory  
          structure of DTSC, the SWRCB, and the IWMB which work together  
          to ensure that only materials that can be safely disposed are  
          directed toward solid waste landfill disposal.  The author may  
          wish to consider removing that exemption (Page 3, strike lines  
          34 through 39 inclusive and page 4, lines 1-33 inclusive).  


           Also, the evaluation of the cost of developing infrastructure to  
          collect alkaline batteries by the Legislative Analyst is not  
          necessary.  The costs for this infrastructure have been  
          estimated by the DTSC through its universal waste regulation  
          development process as well the IWMB's December 2002 report,  
          Household Universal Waste Generation in California.  The author  
          may wish to remove that section as well (Page 5, strike lines 5  
          through 11).


           REGISTERED SUPPORT / OPPOSITION  :

           Support
           
          Solid Waste Association of North America
          California Refuse Removal Council
          Coalition in Support of AB 2127
               American Electronics Association
               California Chamber of Commerce
               California Grocers Association
               California Manufacturers and Technology Association
               Consumer Specialty Products Association
               Grocery Manufacturers of America
               Industrial Environmental Association
               Kimberly-Clark
               National Electrical Manufacturers Association

           Opposition
           
          Californians Against Waste
          Planning and Conservation League
          Environment California








                                                                  AB 2127
                                                                  Page 5

          Sierra Club California
           
          Analysis Prepared by  :    Caroll Mortensen / E.S. & T.M. / (916)  
          319-3965