BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1100|
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THIRD READING
Bill No: SB 1100
Author: Corbett (D)
Amended: 4/22/10
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 4-2, 4/5/10
AYES: Simitian, Corbett, Lowenthal, Pavley
NOES: Runner, Strickland
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/3/10
AYES: Kehoe, Corbett, Leno, Price, Wolk, Yee
NOES: Cox, Walters, Wyland
NO VOTE RECORDED: Alquist, Denham
SUBJECT : Product stewardship: household batteries
SOURCE : StopWaste.Org
DIGEST : This bill requires producers of household
batteries to institute programs to manage used household
batteries by September 30, 2011. This bill requires
battery producers to set up and finance programs to take
back used batteries and recycle or properly dispose of
them. This bill sets out target collection rates of 50
percent by 2014 and 70 percent by 2017. This bill requires
the Department of Resources Recycling and Recovery (DRRR)
to review and approve the producers' plans. Producers are
required to pay regulatory fees to DRRR.
CONTINUED
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ANALYSIS :
Existing law:
1. Prohibits the disposal of some common or "universal"
wastes in solid waste landfills. Universal wastes are
hazardous wastes that are generated by a wide variety of
sources that contain mercury, lead, cadmium, copper and
other substances hazardous to human and environmental
health. Examples of these wastes are household
batteries, fluorescent tubes, and some electronic
devices.
2. Pursuant to the Dry Cell Battery Management Act
establishes requirements for the production and labeling
of consumer products with dry cell batteries and sets
limits for the amount of mercury in those batteries.
3. Pursuant to the Rechargeable Battery Recycling Act
establishes a mandatory take-back program for
rechargeable batteries at retail locations.
4. Pursuant to the Mercury Thermostat Collection Act of
2008 requires manufacturers of mercury-added thermostats
sold in this state before January 1, 2006, to establish
and maintain a collection, transportation, recycling,
and disposal program for out-of-service mercury-added
thermostats.
This bill:
1. Requires, by September 30, 2011, a producer or the
product stewardship organization created by one or more
producers of household batteries to develop and submit,
in consultation with stakeholders, a product stewardship
plan (plan) to DRRR.
2. Allows a registered hazardous waste transporter to elect
to submit a household battery stewardship plan to DRRR
on behalf of one or more producers and requires a
hazardous waste transporter making that election to
comply with the provisions applicable to a household
battery stewardship organization.
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3. Establishes requirements for the elements of the plan
that describe how it will institute, implement, finance,
and oversee a program to manage household batteries to
achieve the collection rates below.
4. Establishes collection rates for household batteries of
50 percent by January 1, 2014, and 70 percent by January
1, 2017, with a program target of 95 percent.
5. Requires DRRR to review the plans and deem them complete
or incomplete within 45 days and establishes a procedure
for addressing deficiencies.
6. Requires producers, on or before April 1, 2013, to
submit an annual report describing implementation of the
plan including sales data from the previous calendar
year.
7. Requires DRRR, on or before July 1, 2012, and annually
thereafter to list on its Web site a list of the brands
of household batteries that are in compliance.
8. Prohibits the sale of household batteries in California
unless the producer has submitted a plan that has been
deemed complete, as specified.
9. Requires producers to pay to DRRR the full costs of
reviewing and acting on the plan.
10.Establishes the Household Battery Stewardship Account
and the Household Battery Stewardship Penalty Subaccount
to receive the administrative fees and penalties and
specifies that these funds are available for program
implementation upon appropriation by the Legislature.
11.Establishes a process to determine compliance with the
bill and issuance of related penalties.
12.Makes extensive findings and declarations related to the
management of household batteries.
Comments
According to the author's office, this bill will help local
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governments' bottom lines by saving taxpayer money used to
manage toxic battery waste. It will also create green jobs
recycling and collecting batteries. In addition, battery
stewardship will help California's environment by ensuring
that battery waste is properly managed. According to a
California report, more than 500 million batteries are sold
each year in California and that number is expected to
rise. Today, it is estimated that only one-half of one
percent of used batteries are recycled through local
government household hazardous waste programs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Plan review and $290 $280
$280Special*
enforcement
* New account within the Integrated Waste Management
Fund; fully offset by fee revenues.
SUPPORT : (Verified 5/5/10)
StopWaste.Org (Alameda County) (source)
Association of Bay Area Governments
California Association of Environmental Health
Administrators
California Product Stewardship Council
California Resource Recovery Association
California Retailers Association
California State Association of Counties
Californians Against Waste
Center for Environmental Health
Central Contra Costa Sanitary District
Central Contra Costa Solid Waste Authority
Cities of Chula Vista, Encinitas, Indian Wells, Needles,
Riverside, Sacramento, San Joaquin, Santa Cruz, Santa
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Monica, and Ventura
City and County of San Francisco
Clean Water Action
Coalition for Clean Air
Counties of Los Angeles, Marin, Napa, Sacramento, Santa
Clara, Siskiyou, and Tuolumne
Humboldt Waste Management Authority
Kinsbursky Brothers
Marin Sanitary Service
Napa Recycling & Waste Services
Natural Resource Defense Council
Raw Materials Company Inc.
Recology
Regional Council of Rural Counties
Sierra Club
Solid Waste Association of North America
OPPOSITION : (Verified 5/5/10)
Advanced Medical Technology Association
Cal-Tax
California Chamber of Commerce
California Manufacturers and Technology Association
Consumer Specialty Products Association
Grocery Manufacturers of America
National Electrical Manufacturers Association
PhRMA
TechAmerica
ARGUMENTS IN SUPPORT : Supporters generally contend that
a product stewardship approach to managing household
batteries provides the best option as costs would be
shifted from local governments and taxpayers and be
internalized in the price of the product and, in turn drive
improvements in product design.
ARGUMENTS IN OPPOSITION : Opponents argue that there is
no need for a program to manage household batteries because
of their relatively small volume compared to the total
amount of solid waste disposed as well as the lack of
enviromental justification that they cause problems when
disposed. They also cite the high costs for end-of-life
management that would be paid by consumers.
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TSM:mw 5/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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