BILL ANALYSIS �
AB 255
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Date of Hearing: April 5, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
AB 255 (Wieckowski) - As Introduced: February 3, 2011
As Proposed To Be Amended
SUBJECT : Latex Paint Collection.
SUMMARY : This bill removes quantity and source restrictions
on household hazardous waste facilities. Specifically, this
bill:
1)Adds permissive language to Health & Safety Code (HSC) �
25217.2, stating that if the household hazardous waste
facility has been authorized to accept hazardous waste from a
conditionally exempt small quantity generator, then that
facility may accept recyclable latex paint not only from a
conditionally exempt small quantity generator, but from any
generator.
2)Removes the 100 kilogram per-month cap on a household
hazardous waste facility operating under HSC � 25217.2.
EXISTING LAW:
1)Authorizes the Department of Toxic Substances Control to allow
a household hazardous waste collection facility to accept
hazardous waste from a conditionally exempt small quantity
generator under specified conditions in HSC � 25218.
2)Permits any entity, except for a household hazardous waste
facility, to accept and recycle latex paint without a permit,
without a paint limit, and with few restrictions.
3)Mandates that household hazardous waste facilities have
stricter facility requirements concerning safety, training,
and emergency preparedness.
4)Restricts a household hazardous waste facility to accepting
100 kilograms (about 220 pounds) of latex paint per month from
conditionally exempt small quantity generators, even if a
facility is capable of collecting and processing more paint.
HSC � 25218.3.
AB 255
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FISCAL EFFECT : Not Known.
COMMENTS : According to the author, the bill is aimed both at
making it easier and less expensive for businesses to manage
their latex paint waste and at encouraging proper disposal.
Surplus, unused, and leftover latex paint is a major component
of hazardous waste in California from both household and
business sources. Recent waste characterization studies suggest
that up to half of surplus and leftover paint in California is
illegally discarded in landfills, much of it by businesses.
AB 255 bridges the disconnect between HSC �� 25217 and 25218 by
permitting the waste facilities covered by the stringent
requirements of HSC � 25218 to receive recyclable latex paint in
the manner permitted under HSC � 25217. By doing so, a
household hazardous waste facility may accept any amount of
recyclable latex paint from any generator, but must still abide
by the stringent facility, safety, training, and emergency
response requirements of � 25218. By lifting the quantity
restrictions on household hazardous waste facilities, more
recyclable latex paint can be recycled because these facilities
will not have to turn away small businesses with more than 100
kilograms of latex paint.
Author's Proposed Amendments : The proposed amendment removes
the additional authority to charge fees. The authority to
charge a fee pursuant to HSC � 25218.3 remains in effect.
Recently Enacted Legislation : AB 1343 (Huffman), Chapter 420,
statute of 2010, enacted an industry-led program to reduce the
generation of leftover paint, promote its reuse, and properly
manage unwanted leftover paint. AB 1343, as well as other
programs for products including tire, motor oil, beverage
containers, or electronic waste, includes fees on manufacturers,
retailers, or consumers to cover program cost. The passage of
Proposition 26 in November 2010 has the potential to limit the
use of these product specific fees for stewardship programs
without a 2/3 vote by the legislature.
REGISTERED SUPPORT / OPPOSITION :
Support
StopWaste (sponsors)
AB 255
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Opposition
None on record
Analysis Prepared by : Heather Falkenthal / E.S. & T.M. /
(916) 319-3965