BILL ANALYSIS
AB 1343
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Date of Hearing: April 27, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
AB 1343 (Huffman) - As Introduced: February 27, 2009
SUBJECT : Solid waste: architectural paint
SUMMARY : Establishes the architectural paint recovery program.
EXISTING LAW : Prohibits the disposal of latex architectural
paint in the land or waters of the state and solid waste
landfills. Permits recyclable latex paint to be collected and
processed for recycling. Requires state agencies to use
recycled latex paint with at least 50% postconsumer recycled
content.
THIS BILL establishes an architectural paint recovery program,
which:
1)Requires a manufacturer of paint sold in California,
individually or through a representative organization, to
implement a recovery program "to undertake responsibility for
the development and implementation of strategies" to reduce
generation, promote reuse, and manage waste paint through the
collection, transport, and processing of postconsumer paint.
2)Authorizes the manufacturer to establish a fee on consumers to
cover the costs of the program.
3)By July 1, 2010 and annually thereafter, requires a
manufacturer to submit a report to the California Integrated
Waste Management Board (CIWMB) describing its paint recovery
efforts, including:
a) Total volume of paint sold in the preceding year;
b) Total volume of postconsumer paint recovered in the
preceding year;
c) A description of the methods used for collection,
transport, and processing;
d) Total cost of implementing the program and an evaluation
of the program's funding mechanism;
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e) Examples of educational materials provided to consumers;
f) An analysis of the environmental effects of collecting
and recycling latex paint; and,
g) An evaluation of the feasibility of donating usable
postconsumer paint to charitable organizations, nonprofit
organizations, and public schools.
4)By January 1, 2012, requires CIWMB to submit a report to the
Legislature describing the results of the program and to
recommend whether or not the program should be extended and
any modifications needed. Requires CIWMB to include
information about any financial savings to state or local
government.
5)Specifies that any action taken by a manufacturer under the
program is not a violation of the Cartwright Act, the Unfair
Practices Act, or any other state law relating to antitrust,
regulation of trade, or regulation of commerce.
6)Sunsets on July 1, 2013 and is repealed on January, 1, 2014.
FISCAL EFFECT : Unknown costs to CIWMB to process the reporting
information and to prepare a report to the Legislature.
COMMENTS :
1)Background
Both latex and oil-based paints are considered hazardous waste
in California, making their disposal in a solid waste landfill
prohibited. Paint contains resins, solvents, pigments, and
additives. While latex paint is less hazardous than oil-based,
its ingredients are hazardous to public health and the
environment. Paint should not be allowed to "dry out" for
disposal, or poured down storm drains or into the sewer system.
For consumers, it is classified as a household hazardous waste
(HHW).
According to CIWMB, leftover paint is the largest source of HHW
in California. In the 2007-2008 fiscal year, 2.4 million
gallons of leftover paint was collected, comprising 29% of HHW.
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Management of this paint costs local governments approximately
$6-8 per gallon, for a total estimated cost of $14-18 million
annually. According to the author, only 5% of households in
California use local HHW programs.
In 2003, the Paint Product Stewardship Initiative (PPSI) began
facilitating a national dialogue to reduce the generation of
leftover paint, while increasing reuse and recycling
opportunities. In 2007, PPSI mediated an agreement among paint
manufacturers, government agencies, recyclers, contractors, and
other interested parties to establish an industry-funded paint
stewardship organization that will collect and manage leftover
paint using a "pass-through" cost to consumers. As a first step
in implementing the agreement, in 2008 a demonstration project
was established in Minnesota. This bill is consistent with the
national effort by authorizing manufacturers to implement the
program through a representative organization.
2)This bill
According to the author, this bill will reduce the financial
burden on local governments and protect the environment by
requiring manufacturers to take responsibility for establishing
and financing a safe and reliable system for the recovery and
proper management of leftover paint.
3)Suggested amendments
a) The committee may wish to make clarifying changes to
Section 48702 (beginning on page 2, line 22) :
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
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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 .
b) This bill requires manufacturers to submit a report to
CIWMB on July 1, 2010 and annually thereafter. The initial
report would be due only six months after the
implementation date of the bill, which is unlikely to be
sufficient time for manufacturers to have established and
implemented programs. The committee may wish to amend the
bill to move the date for the initial report to July 1,
2011.
REGISTERED SUPPORT / OPPOSITION :
Support
Californians Against Waste
City and County of San Francisco
Waste Management, Inc.
Opposition
Cal-Tax
Stop Hidden Taxes Coalition
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092