BILL ANALYSIS �
SB 589
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 589
AUTHOR: Lowenthal
AMENDED: April 25, 2011
FISCAL: Yes HEARING DATE: May 2, 2011
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : UNIVERSAL WASTE RECYCLING
SUMMARY :
Existing law :
1) Requires that prior to commencing operations, a public
agency, or its contractor, that intends to operate a
household hazardous waste collection facility shall submit
specified information to the Certified Unified Program
Agency (CUPA) (Health and Safety Code �25218.2).
2) Requires a hazardous waste facilities permit be obtained
prior to the operation for the operation of a household
hazardous waste collection facility, unless the facility
only accepts specified recyclable waste. (�25218.8)
3) Prohibits the disposal of some common or "universal" wastes
in solid waste landfills (California Code of Regulations,
Title 22, Division 4.5, Chapter 23). 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.
4) Prohibits the manufacture of general purpose lights, as
defined (includes most fluorescent lamps) for sale in this
state that contain levels of hazardous substances that
would result in the prohibition of those general purpose
lights being sold or offered for sale in the European Union
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pursuant to the Reduction of Hazardous Substances
Directive. (�25210.9)
This bill clarifies that facilities that accept only universal
wastes do not have to have a hazardous waste facility permit
as long as they are managing those wastes in accordance with
applicable laws and regulations.
COMMENTS :
1)Purpose of Bill . According to the author, California's
Universal Waste Rule allows individuals and businesses to
transport, handle and recycle certain common hazardous
wastes, termed universal wastes, in a manner that differs
from the requirements for most hazardous wastes. The more
relaxed requirements for managing universal wastes were
adopted to ensure that they are managed safely and are not
disposed of in the trash. This bill clarifies that as long
as those requirements are followed, the facility is not
required to have a hazardous waste facility permit.
2)Fluorescent lamps . According to the author, current laws
and regulations to reduce energy consumption have been
successful at spurring technological advances in lighting.
The use of fluorescent lamps has many environmental
benefits: they save energy, last much longer than
incandescent lamps, reduce dependency on fossil fuels, and
decrease production of greenhouse gases. However, even
"green" lamps contain a small amount of mercury, a potent
neurotoxin. Since 2006, California households have not been
able to legally dispose of fluorescent lamps in the trash.
Fluorescent lamps and other mercury-containing devices are
banned from landfills in California.
3)Previous Efforts: AB 1109 Task Force . The California
Lighting Efficiency and Toxics Reduction Act (AB 1109
(Huffman) Chapter 534, Statutes of 2007) requires DTSC, in
coordination with the Department of Resource Recycling and
Recovery to convene a task force to consider and make
recommendations, on or before September 1, 2008, on methods
of collection, recycling, education, outreach, labeling, and
designations for end-of-life residential fluorescent lamps,
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which are considered hazardous waste upon disposal. One of
the items that enjoyed broad consensus among members of the
Task Force is that collection, recycling, and public
education elements should be administered by an independent
third-party organization (TPO), unless the local utility
opted to administer the program. The TPO would be
responsible for education and outreach programs, as well as
collection, transportation, and recycling of lamps. The TPO
would also collect data from retailers and/or manufacturers
on lamp sales in California and from retailers and recyclers
on the quantity of lamps collected for recycling in the
state.
4)Next Steps . The author has been working with a group of
stakeholders on a program that would establish a product
stewardship type of program for fluorescent lamps. If the
bill is substantively amended, the Committee would need to
again hold a hearing on this bill.
5)Previous Legislation .
a) AB 712 (Migden) of 2002 set a fee on fluorescent bulbs
for collection and education. (Died on the Senate
Floor).
b) SB 511 (Figueroa) of 2003 required fluorescent bulb
manufacturers to submit a plan with a fee and recycling
goals and label bulbs and packaging. (Died in Senate
Appropriations Committee).
c) AB 1699 (Laird) of 2004 provided for a fee to be
determined by the Integrated Waste Management Board to be
paid by the retail purchasers of lamps. The fee would be
used to fund grants for collection (Died in Senate
Appropriations Committee).
d) SB 1180 (Figueroa) of 2004 set a fee on bulbs based on
a sustainability index, as defined, to provide funds for
collection and education. (Died in Assembly
Appropriations Committee).
e) AB 1109 (Huffman) Chapter 534, Statutes of 2007,
established lighting standards and required a Task Force
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be convened to look at collection and recycling issues.
f) AB 1173 (Huffman) of 2009 prohibited a manufacturer
from using funds from energy distribution charges for the
purchase and distribution of lamps unless they met
certain requirements, including lower levels of mercury,
and implementation of a lamp recycling program. A
retailer receiving funds from energy distribution charges
for a lamp program must provide in-store collection
opportunities for recycling lamps. (Vetoed by the
Governor).
g) AB 2176 (Blumenfeld) of 2009 required manufacturers to
submit a plan for management of the bulbs. (Died in
Assembly Appropriations Committee).
SOURCE : Author
SUPPORT : OSRAM Sylvania, Inc.
OPPOSITION : None on file