BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2748
                                                                  Page  1

          Date of Hearing:   May 14, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

              AB 2748 (Committee on ESTM) - As Amended:  April 21, 2014 

          Policy Committee:                              Environmental  
          Safety and Toxic Materials                    Vote: 7-0

          Urgency:     No                   State Mandated Local Program:   
          No     Reimbursable:              

           SUMMARY  

          This bill exempts certain businesses participating in voluntary  
          paint stewardship programs from the requirement to implement a  
          hazardous materials business plan (HMBP).  Specifically, this  
          bill: 

          1)Provides that a business that handles paint that will be  
            recycled or otherwise managed under an architectural paint  
            recovery program approved by CalRecycle is only required to  
            establish and implement a HMBP if it handles a total weight of  
            10,000 pounds of solid paint or a total volume of 1,000  
            gallons of liquid paint at any one time during the reporting  
            year.  

          2)Prohibits a unified program agency (CUPA) from imposing a fee  
            on exempt businesses.

           FISCAL EFFECT  

          Minor, absorbable costs.

           COMMENTS  

           1)Rationale.   Current law requires businesses that handle  
            hazardous waste, including used paint collected under  
            California's voluntary paint stewardship program, to submit a  
            HMBP to the local unified program agency.  Both the HMBP  
            requirements and the CalRecycle paint stewardship program  
            include safe management requirements for collected paint.

            This bill will encourage smaller facilities, such as retail  








                                                                  AB 2748
                                                                  Page  2

            sites where paint is purchased, to participate as public  
            drop-off sites for leftover paint by eliminating duplicative  
            requirements on businesses that are part of the  
            CalRecycle-approved paint stewardship program.  

           2)Background.     According to CalRecycle, Californians generate  
            millions of gallons of leftover paint each year.  Prior to the  
            passage of the California Paint Stewardship Law,(AB 1343  
            (Huffman) Chapter 420, Statutes of 2010), the only way for  
            consumers to properly manage their leftover paint was through  
            local household hazardous waste programs.  AB 1343 created a  
            postconsumer paint management program for the reuse,  
            recycling, and proper disposal of paint.  The structure of the  
            program was developed thorough a seven-year,  
            multi-stakeholder, national Paint Product Stewardship  
            Initiative.  California became one of the first states in the  
            nation to implement such a program.

            PaintCare Inc., a non-profit organization established by the  
            American Coatings Association to implement AB 1343 and other  
            states' paint stewardship programs, has set up nearly 600  
            drop-off sites for postconsumer paint at paint retailers,  
            hardware stores, and other facilities throughout California.   
            According to PaintCare, as it continues its efforts to  
            increase the number of drop-off sites, it has encountered many  
            smaller paint stores and facilities that have declined  
            participation in the program because participation would  
            trigger HMBP requirements to which they are not otherwise  
            subject.  Many of these sites are in rural or otherwise  
            underserved areas, making their participation even more  
            important to the success of the paint stewardship program.





           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081