BILL ANALYSIS �
AB 2748
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2748 (Environmental Safety and Toxic Materials Committee)
As Amended August 20, 2014
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |73-0 |(May 23, 2014) |SENATE: |35-0 |(August 25, |
| | | | | |2014) |
-----------------------------------------------------------------
Original Committee Reference: E.S. & T.M.
SUMMARY : 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.
The Senate amendments add double jointing language to
incorporate changes made by SB 1261 (Jackson) of the current
legislative session, should both bills become operative.
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) Section
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 HMBP that meets statutory requirements. (HSC Section
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 CalRecycle. (HSC Section
25217.2.1.)
AB 2748
Page 2
4)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 Section 25507)
5)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.
(Public Resources Code (PRC) Section 48702)
6)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 Section 48703)
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
Need for the bill: 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 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 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 a HMBP.
California's paint stewardship program: Latex and oil-based
paints are considered hazardous waste in California, making
their disposal in a solid waste landfill prohibited. 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), which created the postconsumer paint
AB 2748
Page 3
management program for the reuse, recycling, and proper disposal
of paint, the only way for consumers to properly manage their
leftover paint was through local, taxpayer-funded household
hazardous waste programs. However, due to the immense cost to
manage household hazardous waste, 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 household
hazardous waste programs and paint collection costs local
government millions of dollars to manage.
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.
However, according to PaintCare, many smaller paint stores have
declined participation in the program because it would trigger
HMBP requirements to which they are not otherwise subject. Many
of these facilities are in rural or otherwise underserved areas,
making their participation even more crucial to the success of
the paint stewardship program.
Streamlining the HMBP process: The purpose of this bill 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 more smaller product take-back sites from the
requirement to file a 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 paint 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.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965 FN: 0005215
AB 2748
Page 4