BILL NUMBER: AB 1343 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2009
INTRODUCED BY Assembly Member Huffman
( Coauthor: Assembly Member
Torlakson )
FEBRUARY 27, 2009
An act to add and repeal Chapter 5 (commencing with Section 48700)
of Part 7 of Division 30 of the Public Resources Code, relating to
solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1343, as amended, Huffman. Solid waste: architectural paint.
Existing law prohibits the disposal of latex paint in the land or
waters of the state and authorizes certain persons to accept latex
paint for recycling.
This bill would create the architectural paint recovery program
and would require architectural paint manufacturers , on and
after January 1, 2010, to develop and implement strategies
to reduce the generation of postconsumer paint, promote the reuse of
postconsumer paint, and manage the end-of-life of postconsumer paint
through collecting, transporting, and processing
postconsumer paint . The manufacturers would be allowed to
establish a cost recovery system to collect a fee from the consumer
on all architectural paint sold in this state sufficient to recover
the costs of the end-of-life management of postconsumer paint in an
environmentally sound fashion.
The bill would require manufacturers to submit a report to the
California Integrated Waste Management Board by July 1,
2010, 2011, and each year thereafter, describing
their paint recovery efforts. On and after
or before January 1, 2012, the board would be required to
submit a report to the Legislature describing the results of the
architectural paint recovery program, including certain
recommendations and financial analysis.
This bill would make the program inoperable on July 1, 2013, and
would repeal these provisions on January 1, 2014.
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. Chapter 5 (commencing with Section 48700) is added to
Part 7 of Division 30 of the Public Resources Code, to read:
CHAPTER 5. ARCHITECTURAL PAINT RECOVERY PROGRAM
48700. The purpose of the architectural paint recovery program
established pursuant to this chapter is to require paint
manufacturers to develop and implement a program to collect,
transport, and process postconsumer paint to reduce the costs and
environmental impacts of the disposal of postconsumer paint in this
state.
48701. For the purposes of this chapter the following terms have
the following meanings:
(a) "Board" means the California Integrated Waste Management
Board.
(b) "Manufacturer" means a manufacturer of architectural paint.
(c) "Paint" means interior or exterior architectural coatings,
including paints and stains purchased for commercial or homeowner
use, but does not include architectural coatings purchased for
industrial or original equipment manufacturer use.
48702. (a) On and after January 1, 2010, a
A manufacturer of paint sold in this state shall,
individually or through a representative organization, implement a
recovery program to undertake responsibility for the
development and implementation of develop and
implement strategies to reduce the generation of postconsumer
paint, promote the reuse of postconsumer paint, and manage the
end-of-life of postconsumer paint, through collecting, transporting,
and processing the postconsumer paint .
(b) A cost recovery system may be established by the manufacturer,
individually or through a representative organization, to collect a
fee from the consumer on all architectural paint sold in this state
sufficient to recover the costs of the end-of-life management of
postconsumer paint in an environmentally sound fashion,
including collecting, storing, transporting, and reusing or disposing
of the postconsumer paint. fashion, including
collection, storage, transportation, reuse, and disposal.
48703. By July 1, 2010, 2011, and
each year thereafter, a manufacturer of paint sold in this state
shall, individually or through a representative organization, submit
a report to the board describing its paint recovery efforts. At a
minimum, the reports shall include all of the following:
(a) The total volume of paint sold in this state during the
preceding calendar year.
(b) The total volume of postconsumer paint recovered in this state
during the preceding calendar year.
(c) A description of methods used to collect, transport, and
process postconsumer paint in this state.
(d) The total cost of implementing the program.
(e) An evaluation of how the program's funding mechanism operated.
(f) Examples of educational materials that were provided to
consumers.
(g) An analysis of the environmental costs and benefits of
collecting and recycling latex paint.
(h) An evaluation of the feasibility of donating usable
postconsumer paint to charitable organizations, nonprofit
organizations, and kindergarten and grades 1 to 12, inclusive,
schools.
48704. On or before January 1, 2012, the board shall submit a
report to the Legislature describing the results of the architectural
paint recovery program and recommending whether it should be
extended and any modifications needed to improve the functioning and
efficiency of the program. The report shall include an analysis of
the costs avoided by state and local government agencies as a result
of the program.
48705. Any action taken by a manufacturer or representative
organization regarding the cost recovery system or the collecting,
transporting, or processing of postconsumer paint, pursuant to the
requirements of this chapter and only to the extent necessary to plan
and implement the cost recovery system, collection system, or
recycling system, is not a violation of the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), the Unfair Practices Act (Chapter 4
(commencing with Section 17000) of Part 2 of Division 7 of the
Business and Professions Code), or any other state law relating to
antitrust, regulation of trade, or regulation of commerce.
48706. This chapter shall become inoperative on July 1, 2013,
and, as of January 1, 2014, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2014, deletes
or extends the dates on which it becomes inoperative and is
repealed.