BILL ANALYSIS �
AB 2284
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Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2284 (Williams) - As Amended: April 22, 2014
Policy Committee: Natural
ResourcesVote:6-3
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires producers of non-rechargable household
batteries to collect and manage batteries sold in the state
through product stewardship plans. Specifically, this bill:
1)On or before January 1, 2016, requires a producer or
organization to submit a battery stewardship plan to Cal
Recyle.
2)Requires a producer or organization to pay an administrative
fee at the time the plan is submitted and specifies that
CalRecycle establish the fee at an amount to cover, but not
exceed, costs associated with reviewing, approving, and
enforcing the plan. The fee may not exceed $5,000.
3)Requires a producer or organization to report annually to
CalRecycle. Once a producer or organization has achieved
specified collection rates, the reports may be submitted
biannually.
4)Authorizes CalRecycle to assess administrative civil penalties
not to exceed $1,000 per day against a wholesaler or retailer
that violates the requirements of the bill, as specified.
5)Authorizes a producer or organization that implements a plan
in compliance with the bill and incurs costs in excess of
$3,000 in collecting, handling, recycling, or properly
disposing batteries to bring a civil action to recover costs,
damages, and fees from another producer for failure to comply
with the Act, as specified.
AB 2284
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6)Preempts a city, county, or district from adopting or
enforcing any ordinance that regulates the disposal,
collection, and recycling of primary batteries.
7)Exempts specified medical devices from the requirements of the
bill.
FISCAL EFFECT
Increased costs to CalRecycle of approximately $200,000 to
develop regulations related to the plan, annual reporting
requirements and enforcement. Ongoing costs of implementation
of approximately $100,000 to $200,000 per year.
Most costs are likely recoverable, with the exception of the
initial regulatory costs, through the fee authority provided by
the bill
COMMENTS
1)Rationale. According to the author, more than 150 million
household batteries are sold in the state annually, yet only
about five percent are currently collected for recycling.
This bill requires battery manufacturers to design, fund, and
operate a stewardship program to properly manage batteries
sold in California.
This bill requires primary battery manufacturers to achieve a
10% collection rate within two years and a 20% collection rate
within five years of implementation.
2)Background. In California, household batteries are classified
as universal waste, which include materials that DTSC has
determined are hazardous waste that are ubiquitous and contain
mercury, lead, cadmium, copper, or other substances hazardous
to human and environmental health. Since 2006, universal waste
has been prohibited from disposal in solid waste landfills,
3)Product Stewardship . According to the sponsor, California
Product Stewardship Council,
product stewardship involves consumers, government agencies,
and product manufacturers sharing the responsibility of
reducing the impact of product waste on public health, the
environment, and the economy. Extended Producer
Responsibility (EPR) is a strategy to place a shared
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responsibility for end-of-life product management on all
entities involved in the product chain, instead of the general
public, while encouraging product design changes that minimize
a negative impact on human health and the environment at every
stage of the product's lifecycle.
4)Rechargable Batteries. Rechargable battery producers are
already required to implement stewardship plans. The
Rechargeable Battery Recycling Act requires every retailer of
rechargeable batteries to have in place a system for the
acceptance and collection of used rechargeable batteries for
reuse, recycling, or proper disposal.
5)Cost Recovery. This bill contains cost-recovery provisions
for battery producers to recovery any cost of collecting and
recycling batteries from other producers. This bill does not
contain cost-recovery provisions for rechargeable producers.
Rechargable battery producers should not be required to absorb
the costs of collecting and recycling primary batteries.
6)Previous Legislation. Similar legislation, AB 488 (Williams),
was held on this committee's Suspense File in the Assembly
last year. AB 2284 reduces the costs to CalRecyle and battery
producers and addresses AB 488 implementation concerns.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081