BILL ANALYSIS �
AB 2371
Page 1
Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
AB 2371 (Mullin) - As Amended: April 21, 2014
SUBJECT : Solid waste: household hazardous waste.
SUMMARY : Requires local governments to update their Household
Hazardous Waste Management Elements to include consideration of
the convenience of waste collection. Specifically, this bill :
1)Requires, no later than January 1, 2016, each jurisdiction
subject to the requirements in existing law related to City
Household Hazardous Waste Elements and County Household
Hazardous Waste Elements, to review its household waste
element and program to determine its effectiveness in the
collection, recycling, treatment, and disposal of household
hazardous waste, and requires each jurisdiction to consider
information that it submits annually to the Department of
Resources, Recycling, and Recovery (CalRecycle), pursuant to
existing law.
2)Requires the jurisdiction's review to do all of the following:
a) Analyze the extent to which its household hazardous
waste program is convenient to the public;
b) Identify barriers to the convenient recycling and
disposal of household hazardous waste; and,
c) Identify feasible methods to overcome those barriers and
increase the convenience of the public to recycle and
dispose of household hazardous waste in a safe and legal
manner.
3)Requires each jurisdiction to include the findings from its
review in the first report it submits to CalRecycle, on or
after January 1, 2016, pursuant to provisions of existing law
that require each jurisdiction to submit a report summarizing
its progress in reducing solid waste.
4)Requires CalRecycle to report to the Legislature by January 1,
2017, on the effectiveness
of the state's household hazardous waste management system,
AB 2371
Page 2
including, but not limited to, rates of collection and
recycling of household hazardous waste, and to identify all of
the following:
a) Barriers to increased recycling of household hazardous
waste;
b) Disincentives to the legal disposal of household
hazardous waste;
c) The extent to which methods and programs have been
implemented in the state to reduce disincentives to the
legal disposal of household hazardous waste;
d) The role that convenience for the public plays in
increasing rates of collection and disposal of household
hazardous waste in a safe and legal manner; and,
e) Recommendations to increase the safe, legal, and
convenient collection and disposal
of household hazardous waste.
5)Repeals the requirement in 4), above, as of January 1, 2019.
6)Requires that CalRecycle review the Household Hazardous Waste
Elements submitted by local agencies to insure that the plan
will give priority to those methods that make recycling and
disposal of household hazardous waste convenient for the
public.
7)Provides that no reimbursement is required because a local
agency or school district has the authority to levy service
charges, fees or assessment sufficient to pay for the program
or level of service mandated by the bill.
EXISTING LAW :
1)Requires cities and counties to prepare, adopt, and submit to
CalRecycle a Household Hazardous Waste Element plan which
identifies a program for the safe collection, recycling,
treatment, and disposal of hazardous wastes that are generated
by households within the jurisdiction and provides a specific
time frame for achieving these objectives.
2)Requires CalRecycle and the Department of Toxic Substance
Control (DTSC) to jointly maintain a database of all household
AB 2371
Page 3
hazardous waste collection events, facilities, and programs
within the state and make that information available to the
public upon request.
3)Requires that each public agency responsible for household
hazardous waste management to ensure the amount of material
(in pounds) collected through their program during the
preceding reporting period (July 1 through June 30) is
reported to CalRecycle by October 1 each year.
FISCAL EFFECT : This bill is keyed fiscal.
COMMENTS :
1)Purpose of this bill . This bill would require each
jurisdiction, no later than January 1, 2016, to review its
Household Hazardous Waste Element to determine its
effectiveness in the collection, recycling, treatment, and
disposal of household hazardous waste. The bill additionally
requires CalRecycle, on or before January 1, 2017, to submit a
report to the Legislature that analyzes the effectiveness of
the state's household hazardous waste management system, and
identifies certain factors for CalRecycle to consider in that
report.
This bill is author-sponsored.
2)Author's statement . According to the author, "According to
several studies, convenience of a waste collection or
recycling program is a very important non-socioeconomic factor
in determining if an individual will recycle/sort materials,
how much they will recycle/sort, and how often they will
recycle or sort household waste. This bill will ensure that
this important variable is considered and prioritized when
cities and counties prepare their household hazardous waste
management plans."
3)Household Hazardous Waste . The term refers to hazardous waste
commonly generated by households and includes such ubiquitous
items as batteries, pesticides, electronics, fluorescent
lamps, used oil, solvents, and cleaners. If these products
are handled or disposed of incorrectly, they can pose a threat
to health and safety and the environment. When these products
are discarded, they become "household hazardous waste." In
California, it is illegal to dispose of household hazardous
AB 2371
Page 4
waste in the trash, down the drain, or by abandonment -
instead, it needs to be disposed of through a household
hazardous waste program. While there are many different
approaches to the collection and management of household
hazardous waste, all are permitted by DTSC and most are
operated by local jurisdictions. Some private operators
operate programs under contract with local jurisdictions,
including curbside and door-to-door collection.
4)Household Hazardous Waste Management Elements . Cities and
counties are required to prepare, adopt, and submit to
CalRecycle, a Household Hazardous Waste Management Element,
which identifies a program for the safe collection, recycling,
treatment, and disposal of hazardous wastes that are generated
by households. The Element specifies how household hazardous
wastes generated by households within the jurisdiction must be
collected, treated, and disposed. Each jurisdiction is
required to prepare and implement plans to reduce and safely
collect, recycle, treat, and dispose of household hazardous
wastes generated within the jurisdiction and provides a
specific time frame for achieving these objectives.
An adequate Element contains an evaluation of the household
hazardous waste program alternatives considered for possible
local implementation. These alternatives can include periodic
community-wide or neighborhood collection, permanent drop-off
sites, mobile waste collection, curbside collection,
load-checking at solid waste facilities, and waste exchange,
reuse and recycling programs. Specificity of the alternatives
discussed is up to the discretion of the local jurisdiction.
However, the evaluation criteria selected by the local
jurisdiction shall be defined and the definition contained in
the context of the component.
5)Arguments in support . Waste Management argues that this bill
makes a modest attempt to refocus the debate by emphasizing
the importance of consumer convenience to the success
of any household hazardous waste program, and that the bill is a
first step toward considering a more convenient and effective
approach.
6)Arguments in opposition . None on file.
7)Double-referral . This bill was heard by the Environmental
Safety and Toxic Materials Committee on April 8, 2014, and
AB 2371
Page 5
passed with a 4-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
Waste Management
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958