BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2748|
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THIRD READING
Bill No: AB 2748
Author: Assembly Environmental Safety and Toxic Materials
Committee, et al.
Amended: 8/7/14 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 6/18/14
AYES: Hill, Gaines, Fuller, Hancock, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/23/14 (Consent) - See last page for
vote
SUBJECT : Hazardous waste: business plans
SOURCE : California Association of Environmental Health
Administrators
PaintCare
DIGEST : This bill provides that a business that handles paint
that will be recycled or otherwise managed under an
architectural paint recovery program approved by the Department
of Resources Recycling and Recovery (CalRecycle) is only
required to establish and implement a hazardous materials
business plan (HMBP) if it handles postconsumer (leftover) paint
above specified quantities.
Senate Floor Amendments of 8/7/14 add double-jointing language
with SB 1261 (Jackson).
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ANALYSIS :
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.
2. Authorizes recyclable latex paint to be accepted at any
location including, but not limited to, a permanent household
hazardous waste (HHW) collection facility, if specified
conditions are met, including that the owner or operator of
the location has an HMBP that meets statutory requirements.
3. Authorizes a location that is authorized to accept
recyclable latex paint to also accept oil-based paint if
additional conditions are met, including that the collection
location is established and operates under an architectural
paint stewardship plan approved by the CalRecycle.
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.
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.
6. Requires the certified unified program agency (CUPA), or
other authorized agency, to implement HMBP and area plans.
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.
8. Requires a manufacturer of architectural paint sold in this
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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.
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.
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 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 postconsumer paint.
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.
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 an HMBP if it handles postconsumer
(leftover) paint above specified quantities.
2. 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.
3. Provides that a business that handles paint that will be
recycled or otherwise managed under an architectural paint
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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.
4. 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.
5. Contains chaptering out language to resolve a potential
chaptering conflict with SB 1261 (Jackson).
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 HHW in
California.
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 HHW, local
programs typically can only afford to serve between 5% to 10% 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.
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/11/14)
California Association of Environmental Health Administrators
(co-source)
PaintCare (co-source)
American Coatings Association
Behr Process Corporation
California Paint Council
Californians Against Waste
Paint Council Network
Rudd Company, Inc.
Rust-Oleum Corporation
Sherwin-Williams Company
Valspar
ARGUMENTS IN SUPPORT : According to the author's office, 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. Existing
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 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
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stewardship program, triggers the requirement to submit an HMBP.
ASSEMBLY FLOOR : 73-0, 5/23/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Holden, Jones, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson,
Perea, John A. P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Bonilla, Harkey, Roger Hern�ndez, Melendez,
Nestande, V. Manuel P�rez, Vacancy
RM:k 8/12/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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