BILL ANALYSIS �
AB 255
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 255
AUTHOR: Wieckowski
AMENDED: April 7, 2011
FISCAL: Yes HEARING DATE: June 20, 2011
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : HAZARDOUS WASTE: LATEX PAINT COLLECTION
SUMMARY :
Existing law :
1) Authorizes the Department of Toxic Substances Control
(DTSC) to permit a household hazardous waste collection
facility to accept hazardous waste from a conditionally
exempt small quantity generator (CESQG) under specified
conditions (Health and Safety Code �25218).
2) Defines a CESQG, pursuant to federal regulation, as a
generator that generates less than 100 kilograms of
hazardous waste per month.
3) 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.
(�25217 et seq.).
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. (�25218.3).
This bill :
1) Allows a household hazardous waste facility authorized to
accept hazardous waste from a conditionally exempt small
quantity generator to accept recyclable latex paint from
any generator.
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2) Allows a household hazardous facility to accept more than
100 kilogram per month of recyclable latex paint.
3) Requires the household hazardous waste facility to track
and report the amount of recyclable latex paint accepted
and sent for recycling.
COMMENTS :
1)Purpose of Bill . According to the author, this bill is
aimed at making it easier and less expensive for businesses
to manage their waste latex paint. 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.
Further, AB 255 bridges the disconnect between Health and
Safety Code
��25217 and 25218 by permitting the waste facilities covered
by the stringent requirements of �25218 to receive recyclable
latex paint in the manner permitted under �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.
2)Previous Legislation . AB 1343 (Huffman) Chapter 420,
Statutes of 2010, enacted a program to reduce the generation
of leftover paint, promote its reuse, and properly manage
unwanted leftover paint.
SOURCE : StopWaste.org (Alameda County Waste Management
Authority)
SUPPORT : None on file
OPPOSITION : None on file
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