BILL ANALYSIS �
AB 2748
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: AB 2748
AUTHOR: Committee on Environmental Safety & Toxic
Materials
AMENDED: April 21, 2014
FISCAL: Yes HEARING DATE: June 18, 2014
URGENCY: No CONSULTANT: Joanne Roy
SUBJECT : HAZARDOUS WASTE: BUSINESS PLANS
SUMMARY :
Existing law :
1)Prohibits a person from disposing of, or attempting to
dispose of, liquid latex paint or oil-based paint on the
land or into the waters of the state unless authorized by
applicable provisions of law. (Health and Safety Code (HSC)
�25217.1)
2)Authorizes recyclable latex paint to be accepted at any
location including, but not limited to, a permanent
household hazardous waste collection facility, if specified
conditions are met, including that the owner or operator of
the location has a hazardous materials business plan (HMBP)
that meets statutory requirements. (HSC �25217.2)
3)Authorizes a location that is authorized to accept
recyclable latex paint to also accept oil-based paint if
additional following conditions are met, including that the
collection location is established and operates under an
architectural paint stewardship plan approved by the
Department of Resources Recycling and Recovery (CalRecycle).
(HSC �25217.2.1.)
4)Provides that, in order to protect the public health and
safety and the environment, it is necessary to establish
business and area plans relating to the handling and release
or threatened release of hazardous materials. (HSC �25500)
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5)Requires a business to establish and implement a business
plan for emergency response to a release or threatened
release of a hazardous material if the business meets
specified conditions regarding the hazardous materials the
business may handle. (HSC �25507)
6)Requires the certified unified program agency (CUPA), or
other authorized agency, to implement HMBP and area plans.
(HSC �25502)
7)Provides that the purpose of the architectural paint
recovery program established in statute is to require paint
manufacturers to develop and implement a program to collect,
transport, and process postconsumer paint to reduce the
costs and environmental impacts of the disposal of
postconsumer paint in this state. (Public Resources Code
(PRC) �48700)
8)Requires a manufacturer of architectural paint sold in this
state to, individually or through a stewardship
organization, submit an architectural paint stewardship plan
to CalRecycle to develop and implement a recovery program to
reduce the generation of postconsumer architectural paint,
promote the reuse of postconsumer architectural paint, and
manage the end-of-life of postconsumer architectural paint,
in an environmentally sound fashion, including collection,
transportation, processing, and disposal. (PRC �48702)
9)Prohibits a manufacturer or retailer from selling or
offering for sale in this state architectural paint to any
person in this state unless the manufacturer participates in
a CalRecyle-approved architectural paint stewardship
program. (PRC �48702)
10)Requires, on or before April 1, 2012, a manufacturer or
designated stewardship organization to submit an
architectural paint stewardship plan to CalRecycle.
Requires the plan to address the coordination of the
architectural paint stewardship program with existing local
household hazardous waste (HHW) collection programs, as
specified, and to include goals to reduce the generation of
postconsumer paint, to promote the reuse of postconsumer
paint, and for the proper end-of-life management of
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postconsumer paint. (PRC �48703)
11)Authorizes any retailer to participate, on a voluntary
basis, as a paint collection point pursuant to the paint
stewardship program if the retailer's paint collection
location meets specified conditions. (PRC �48703)
This bill 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 an HMBP if it handles postconsumer
(leftover) paint above specified quantities. Specifically,
this bill :
1) Deletes the statutory requirement that the owner or
operator of a location that is authorized to accept
recyclable latex paint have an HMBP, as specified.
2) 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 an HMBP if it handles at any one
time during the reporting year a total weight of 10,000
pounds of solid or a total volume of 1,000 gallons of
liquid paint.
3) Prohibits a CUPA from imposing a fee on a business that is
implementing an architectural paint recovery program
approved by CalRecycle and that is exempt from HMBP
requirements for the cost of processing that exemption.
COMMENTS :
1) Purpose of Bill . According to the author, this bill
encourages the take-back of used paint by eliminating
duplicative reporting requirements on businesses that are
part of the CalRecycle-approved paint stewardship program.
Current law requires businesses that handle hazardous
waste, including used paint collected under California's
paint stewardship program, to submit HMBP to the local
CUPA. Both the HMBP requirements and the CalRecycle paint
stewardship program include safe management requirements
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for collected paint. This bill removes the HMBP
requirement on businesses whose collection of a specified
amount of used paint, as part of the paint stewardship
program, triggers the requirement to submit an HMBP.
2) Background: Paint . Latex and oil-based paints are
considered hazardous waste in California, making their
disposal in a solid waste landfill prohibited. Paint
contains resins, solvents, pigments, and additives. While
latex paint is less hazardous than oil-based, its
ingredients are hazardous to public health and the
environment. Paint should not be allowed to "dry out" for
disposal, or poured down storm drains or into the sewer
system. Postconsumer paint is one of the largest sources
of household hazardous waste (HHW) in California.
3) California's Paint Stewardship Program . 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,
taxpayer-funded HHW programs. However, due to the immense
cost to manage household hazardous waste, local programs
typically can only afford to serve between five to ten
percent of the residents in their jurisdictions.
Historically, paint has represented almost one-third of the
material collected through local HHW programs and costs
local government millions of dollars to manage.
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
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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.
4) Streamlining the HMBP process . The purpose of AB 2748 is
to eliminate duplicative reporting requirements on paint
drop-off sites by raising the current HMBP exemption limits
(to 1,000 gallons from 550 and 10,000 pounds from 5,000)
for paint that will be managed under the paint stewardship
program. This change will exempt smaller product take-back
sites from the requirement to file an HMBP, if their
participation in the paint stewardship program is what
triggers their HMBP reporting requirement. Safe handling
and storage of paint is required and monitored through the
CalRecycle-approved stewardship plans.
Supporters assert that the HMBP exemption will encourage
smaller facilities (generally retail sites where paint is
purchased) to participate as public drop-off sites for
leftover product as part of the paint stewardship program.
SOURCE : California Association of Environmental Health
Administrators (CAEHA)
PaintCare
SUPPORT : American Coatings Association
Behr Process Corporation
Californians Against Waste
Paint Council Network
Rudd Company, Inc.
Rust-Oleum Corporation
Sherwin-Williams Company
Valspar
OPPOSITION : None on file
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