BILL ANALYSIS �
AB 255
Page 1
Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 255 (Wieckowski) - As Amended: April 7, 2011
Policy Committee: Environmental
Safety and Toxic Materials Vote: 8-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill allows a household hazardous waste collection facility
(HHWCF) authorized to receive hazardous waste from a
conditionally exempt small quantity generator (CESQG) to accept
recyclable latex from any source and in any amount, if certain
conditions exist.
FISCAL EFFECT
Minor, absorbable costs to DTSC, who may be more involved in
ensuring that HHWCFs that accept latex paint properly handle and
report on such receipts.
COMMENTS
1)Rationale. The author seeks to encourage businesses to
properly dispose of latex paint by making it easier and
cheaper for them to do so. The author complains that current
law runs counter to this goal by restricting the sources and
quantity of latex paint that may be accepted by an HHWCF. The
author contends HHWCFs are highly regulated and should be able
to receive waste latex paint from any source and in any
amount, so long as the HHWCF properly handles the waste paint
and documents its procedures.
2)Background . According to the Department of Recycling and
Resources Recovery (Calrecycle), unused latex paint is a major
source of hazardous waste, and is often disposed of
improperly. While paint is characterized as a household
hazardous waste, it is generated by both households and
businesses.
AB 255
Page 2
To encourage proper disposal of hazardous wastes, the state
permits operation of household hazardous waste collection
facilities, defined in statute as a facility operated by a
public agency, or its contractor, for the purpose of
collecting, handling, treating, storing, recycling, or
disposing of household hazardous waste. Generally, HHWCFs
accept household hazardous waste from the public. However, if
permitted by the Department of Toxic Substances Control
(DTSC), an HHWCF also may accept hazardous waste from certain
businesses, defined in statute as conditionally exempt small
quantity generators.
HHWCFs permitted to accept household hazardous waste from
CESQGs are subject to more stringent regulatory oversight than
other HHWCFs. They also are restricted in the amount of waste
materials they can collect from any one CESQG in a calendar
month, as follows: no more than 100 kilograms of hazardous
waste, or 1 kilogram of extremely hazardous waste. Because
waste latex paint is classified as a hazardous waste, HHWCFs
are limited in the amount of waste latex paint they can
collect.
3)Support . This bill is supported by StopWaste (sponsor)--the
Alameda County Waste Management Authority and the Alameda
County Source Reduction and Recycling Board operating as one
public agency.
4)There is no registered opposition to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081