BILL NUMBER: AB 2153 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2016
INTRODUCED BY Assembly Member Cristina Garcia
(Coauthor: Assembly Member Santiago)
FEBRUARY 17, 2016
An act to amend Sections 25160.8, 25218.1, and 25218.5 of
the Health and Safety Code, relating to hazardous waste.
add Chapter 7.5 (commencing with Section 42420) to Part 3 of
Division 30 of the Public Resources Code, relating to solid waste,
and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 2153, as amended, Cristina Garcia. Household hazardous
waste: hazardous waste facilities. Lead-Acid Battery
Recovery and Recycling Act.
Existing law requires a retailer of various specified products,
including rechargeable batteries and cellular telephones, sold in the
state to have in place a system for the acceptance and collection of
those products for reuse, recycling, or proper disposal.
This bill would establish the Used Lead-Acid Battery Recovery and
Recycling Act. The bill would require a qualified industry
association, as defined, to establish a lead-acid battery recycling
organization, as defined. The bill would authorize the Department of
Resources Recycling and Recovery to certify that a lead-acid battery
recycling organization has been established. The bill would require
the lead-acid battery recycling organization to develop, implement,
and administer a lead-acid battery recycling program pursuant to the
act. The bill would require manufacturers, retailers, and recyclers
of lead-acid batteries to register with the lead-acid battery
recycling organization on or before January 1, 2018.
This bill would prohibit, on and after January 1, 2019, a
manufacturer, recycler, or retailer from, among other things, selling
a lead-acid battery, or importing a lead-acid battery into this
state, except in compliance with the bill's requirements.
This bill would require the lead-acid battery recycling
organization, by July 1, 2018, to develop a plan for recycling used
lead-acid batteries in the state that includes specified goals and
elements and to submit the plan to the department, as specified. The
plan would be required, among other things, to ensure that it
addresses the impact of the requirement of the California
Constitution that a local government submit the imposition,
extension, or increase in a tax to the electorate for approval, with
regard to local governments participating in the program. The bill
would require the organization, by July 1, 2018, to annually prepare
and approve a proposed used lead-acid battery recycling program plan
budget for the next calendar year and to submit the budget to the
department for approval, as specified. The bill would require the
department to notify the organization of the department's costs that
are directly related to implementing and enforcing the act and would
require the organization to reimburse the department for those direct
costs. The bill would require the department to deposit these
amounts submitted by the organization into the Used Lead-Acid Battery
Recycling Fund, which the bill would establish in the State
Treasury. The bill would require the department to expend the moneys
in the fund, upon appropriation by the Legislature, to administer and
enforce the act and to reimburse any outstanding loans made from
other funds used to finance the startup implementation costs to the
department, as provided.
This bill would require the organization to annually set the
amount of a state lead-acid battery recycling charge that would be
added to the purchase price of a lead-acid battery, and would require
a manufacturer, recycler, retailer, wholesaler, distributor, or
other party that sells a lead-acid battery to add the charge to the
purchase price for the lead-acid battery and remit the charges
collected, less refunds, quarterly to the organization, as specified.
The bill would require the organization to remit $1 from the sale of
each lead-acid battery to be deposited into the Lead-Acid Battery
Cleanup Fund, which would be created by the bill. Moneys in the
Lead-Acid Battery Cleanup Fund would be continuously appropriated to
the Department of Toxic Substances Control for the cleanup of areas
of the state that have been contaminated by the production,
recycling, or improper disposal of lead-acid batteries. The bill
would require the organization to suspend and resume remitting the $1
from the sale of each lead-acid battery to the Lead-Acid Battery
Cleanup Fund based on the balance in the fund.
This bill would require a manufacturer, recycler, retailer, or
distributor to affix a California recycling sticker, as determined by
the Department of Resources Recycling and Recovery, to each
lead-acid battery at the point of sale. The bill would require that
every consumer who returns a lead-acid battery with a California
recycling sticker to a manufacturer, retailer, or other entity that
sells lead-acid batteries to the ultimate user be given a refund of
the recycling charge minus $3, as specified. The bill would prohibit
a refund from being given to a consumer who returns a lead-acid
battery without a California recycling sticker. The bill would
require a retailer that sells a used lead-acid battery to a
manufacturer to remit 75% of the sale price of the used lead-acid
battery to the organization for deposit into the Lead-Acid Battery
Cleanup Fund.
This bill would authorize the department to impose an
administrative civil penalty on a manufacturer, organization,
recycler, or retailer in violation of the act, and the department
would be authorized to expend the moneys, upon appropriation by the
Legislature, to implement the act.
The bill would authorize the department to adopt emergency
regulations establishing a process for the submission and approval of
the used lead-acid battery recovery and recycling plan, and for the
submission and approval of the proposed used lead-acid battery
recycling program budget.
This bill would provide for the reimbursement of a specified
General Fund loan from the Lead-Acid Battery Cleanup Fund, and would
make that reimbursement money available for further loans, as
specified.
(1) Existing law authorizes public agencies or their contractors
to operate household hazardous waste collection facilities, as
defined, and specifies conditions for the transportation of household
hazardous waste. A violation of the hazardous waste control laws is
a crime.
Existing law authorizes a door-to-door household hazardous waste
collection program or household hazardous waste residential pickup
service that meets specified requirements to collect household
hazardous waste from individual residences and, until December 31,
2019, transport that waste to a hazardous waste facility.
This bill would extend that authorization to transport household
hazardous waste to a hazardous waste facility to December 31, 2021.
(2) Existing law requires, on or before December 31, 2019, public
agencies and their contractors that transport household hazardous
waste to a hazardous waste facility to use certain consolidated
manifesting procedures.
This bill would extend the operation of the consolidated
manifesting procedures requirement for these transporters to December
31, 2021.
(3) By extending local agencies' obligations to comply with
requirements for transporting hazardous waste, this bill would impose
a state-mandated local program because a violation of those
requirements would be a crime.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 7.5 (commencing with Section
42420) is added to Part 3 of Division 30 of the Public
Resources Code , to read:
CHAPTER 7.5. LEAD-ACID BATTERY RECOVERY AND RECYCLING ACT
Article 1. Declarations and Definitions
42420. (a) The Legislature finds and declares that in order to
reduce illegal dumping, increase recycling, and substantially reduce
public agency costs for the end-of-life management of lead-acid
batteries, the Lead-Acid Battery Recovery and Recycling Act is hereby
established by this chapter to require manufacturers of lead-acid
batteries sold in this state to develop, finance, and implement a
convenient and cost-effective program to recover and recycle
lead-acid batteries generated in this state.
(b) It is the intent of the Legislature in enacting this chapter
that all of the following occur:
(1) That consumers have the opportunity to drop off their
lead-acid batteries free of charge.
(2) That existing lead-acid battery recycling, resale,
refurbishing, and reuse operations that are in compliance with state
and federal law shall not be adversely affected by this chapter.
(3) That domestic processing of lead-acid batteries and the
utilization of recycled materials from lead-acid batteries are
encouraged.
42420.2. This chapter shall be known, and may be cited, as the
Lead-Acid Battery Recovery and Recycling Act.
42421. For purposes of this chapter, the following definitions
shall apply:
(a) (1) "Consumer" means an owner of a lead-acid battery,
including a person, business, corporation, limited partnership,
nonprofit organization, or governmental entity, including the
ultimate purchaser, owner, or lessee of a lead-acid battery.
(2) "Consumer" does not include a governmental organization or
other party that obtains one or more used lead-acid batteries in the
course of collecting used lead-acid batteries for recycling for
purposes of this chapter, or through the ordinary collection and
handling of municipal solid waste.
(b) "Distributor" means a company that has a contractual
relationship with one or more manufacturers to market and sell
lead-acid batteries to retailers.
(c) "Good-faith effort" means all reasonable and economically
practical efforts, consistent with the components identified in the
approved plan and annual budget of a lead-acid battery recycling
organization.
(d) "Importer" means a party qualifying as an "importer of record"
for purposes of Section 1484(a)(2)(B) of Title 19 of the United
States Code, with regard to the import of a finished lead-acid
battery sold in the state that was manufactured or assembled by a
company outside the United States.
(e) "Lead-acid battery" means any battery that consists of lead
and sulfuric acid and is used as a power source.
(f) "Lead-acid battery recycling organization" or "organization"
means an organization exempt from taxation under Section 501(c)(3) or
Section 501(c)(6) of the Internal Revenue Code of 1986, that is
established by a qualified industry association, composed of
manufacturers, recyclers, retailers, and environmental justice
organizations, and certified pursuant to Section 42422, to develop,
implement, and administer the lead-acid battery recycling program
established pursuant to this chapter.
(g) (1) "Manufacturer" means any of the following:
(A) The person who manufactures a lead-acid battery and who sells,
offers for sale, or distributes a lead-acid battery in the state.
(B) The person who imports the lead-acid battery into the state
for sale or distribution if there is no person who is a manufacturer
of a lead-acid battery for purposes of subparagraph (A).
(2) A retailer that brings a lead-acid battery into its store
locations from an out-of-state warehouse or distribution center is
not a manufacturer.
(h) "Program" or "lead-acid battery recycling program" means the
program implemented by the lead-acid battery recycling organization
pursuant to a lead-acid battery recycling plan approved by the
department.
(i) "Qualified industry association" means the Battery Council
International, or a successor of that organization, or a group of
lead-acid battery manufacturers that collectively represent at least
35 percent of the volume of lead-acid batteries manufactured in the
United States.
(j) "Recycle" or "recycling" has the same meaning as defined in
Section 40180.
(k) "Recycler" means a person that engages in the manual or
mechanical separation of lead-acid batteries to substantially recover
components and commodities contained in lead-acid batteries for the
purpose of reuse or recycling.
(l) "Recycling charge" or "charge" means the charge imposed on the
sale of a new lead-acid battery at the point of sale and collected
by the recycling organization to fund the recycling of used lead-acid
batteries pursuant to this chapter.
(m) "Retailer" means a person who sells lead-acid batteries in the
state or offers to a consumer a lead-acid battery in the state
through any means, including, but not limited to, remote offering,
including sales outlets or catalogs, electronically through the
Internet, by telephone, or through the mail.
(n) "Sale" or "sell" means the transfer of title of a lead-acid
battery for consideration, including by a manufacturer, a
distributor, or a retailer, for eventual consumption to a consumer in
the state, including remote sales conducted through sales outlets,
catalogs, or the Internet or any other similar electronic means.
(o) "Solid waste facility" means, for purposes of this chapter, a
solid waste facility that accepts, under its normal operating
conditions, used lead-acid batteries from the public for collection,
storing, and handling, whether for recycling or disposal.
(p) "Used lead-acid battery recovery and recycling plan" or "plan"
means the plan for recycling used lead-acid batteries that is
developed by the lead-acid battery recycling organization pursuant to
this chapter.
Article 2. Lead-Acid Battery Recycling Plan
42422. (a) (1) On or before July 1, 2017, a qualified industry
association shall establish a lead-acid battery recycling
organization for purposes of this chapter, which shall be composed of
manufacturers, recyclers, and retailers and be certified pursuant to
this section to develop, implement, and administer the lead-acid
battery recycling program established pursuant to this chapter.
(2) Within 60 days of receipt of a request for certification, the
department shall certify the organization as specified in paragraph
(1) or notify the requesting qualified industry association of the
department's decision not to certify the organization.
(3) Prior to certification by the department, the department's
director shall appoint an advisory committee to advise the lead-acid
battery recycling organization.
(A) The advisory committee shall be composed of members of the
environmental community, the solid waste industry, local governmental
entities, public and private entities involved in the collection,
processing, and recycling of used lead-acid batteries, and other
interested parties.
(B) The lead-acid battery recycling organization shall consult the
advisory committee at least once during the development of the plan
required pursuant to Section 42422.2, and annually prior to the
submittal of the annual report required pursuant to Section 42425.2
and the annual budget required pursuant to Section 42423.
(C) The advisory committee shall provide ongoing feedback to a
recycling organization on the implementation of the recycling
organization's plan.
(b) On or before January 1, 2018, each manufacturer, retailer, and
recycler shall register with the lead-acid battery recycling
organization.
(c) On and after January 1, 2019, a retailer shall not sell,
distribute, or offer for sale a lead-acid battery in the state unless
the retailer is in compliance with this chapter and the manufacturer
or recycler of the lead-acid battery sold by the retailer is listed
in compliance with this chapter.
(d) On and after January 1, 2019, a manufacturer or recycler shall
not sell or offer for sale in this state, or import into this state,
a lead-acid battery, or sell or distribute a lead-acid battery to a
distributor or retailer in this state, unless the manufacturer or
recycler is in compliance with this chapter.
42422.2. On or before July 1, 2018, the lead-acid battery
recycling organization shall develop and submit to the department a
plan for recycling used lead-acid batteries in the state in an
economically efficient and practical manner that includes all of the
following goals and elements:
(a) Program objectives consistent with the state's solid waste
management hierarchy.
(b) The names of manufacturers, recyclers, and brands, including
the types of lead-acid batteries, covered under the plan, and contact
information of manufacturers and producers covered under the plan.
(c) A description of a consultation process with affected
stakeholders, including, but not limited to, local government
representatives, recyclers, and solid waste industry representatives,
undertaken during plan development, and a process for receiving
continuous feedback from stakeholders during plan implementation.
(d) Methods to increase the number of used lead-acid batteries
diverted from landfills, reduce the number of illegally dumped used
lead-acid batteries, and increase the quantity of used
lead-acid-battery-related materials recovered and recycled for other
uses.
(e) A description of how the goals will be achieved and how
results will be measured, including an estimate of the amount of
lead-acid batteries with California recycling stickers that will be
recovered compared to the amount of lead-acid batteries sold in the
state.
(f) Roles and responsibilities of key players along the product
chain, including the names and locations of transporters, recyclers,
and disposal facilities, and a description of how lead-acid batteries
with California recycling stickers and their components will be
collected, transported, and managed.
(g) Strategies for managing and reducing the life cycle impacts of
lead-acid batteries, including finding an alternative to the use of
lead in batteries.
(h) Conducting research, as needed, related to improving
collection and recycling operations for used lead-acid batteries with
California recycling stickers, including pilot programs to test new
processes, methods, or equipment on a local, regional, or otherwise
limited basis.
(i) An itemized budget, including total program cost.
(j) (1) The establishment and administration of a mechanism that
distributes the lead-acid battery recycling organization's costs
uniformly over all lead-acid batteries sold in the state.
(2) The funding mechanism shall provide sufficient funding for the
lead-acid battery recycling organization to carry out the plan,
including the administrative, operational, and capital costs of the
plan.
(k) Financing methods, including financial assurance, for the
program and an explanation of how the recycling organization will
provide evidence of adequate collection, handling, and recycling or
disposal of lead-acid batteries with California recycling stickers.
(l) The publishing of an annual report for each calendar year of
operation.
(m) A program performance measurement that shall collect program
data for the purpose of the annual report. The information shall
include:
(1) A methodology for estimating the amount of lead-acid batteries
sold in the state and for quantifying the number of used lead-acid
batteries with California recycling stickers collected and recycled
in the state.
(2) A methodology for determining the proportion of lead-acid
batteries sold in the state by the manufacturers that are members of
the lead-acid battery recycling organization.
(n) A description of methods used to coordinate activities with
other used lead-acid battery collecting and recycling programs,
including nonprofit lead-acid battery recyclers, and other relevant
parties, as appropriate, with regard to the proper management or
recycling of discarded or abandoned lead-acid batteries for purposes
of providing the efficient delivery of services and avoiding
unnecessary duplication of effort and expense.
(o) Entering into contracts or agreements, which may include
contracts and agreements with nonprofit or for-profit recyclers, that
are necessary and proper for the lead-acid battery recycling
organization to carry out these duties consistent with the terms of
this chapter.
(p) Establishment of a financial incentive to encourage parties to
collect for recycling used lead-acid batteries discarded or
illegally dumped in the state.
(q) Ensuring, to the maximum extent possible, that urban and rural
local governments and participating solid waste facilities that
accept lead-acid batteries are provided with a mechanism for the
recovery of illegally disposed used lead-acid batteries that is
funded at no additional cost to the local government or solid waste
facility.
(r) Providing outreach efforts and education to consumers,
manufacturers, and retailers, for the purpose of promoting the
recycling of used lead-acid batteries and options available to
consumers for the free drop-off of used lead-acid batteries.
(s) A provision that allows an individual to drop off, at no
charge, a lead-acid battery at a lead-acid battery recycling center,
permitted solid waste facility, or other municipal facility that
accepts lead-acid batteries, and that provides for reasonable payment
to a municipal or solid waste facility that accepts lead-acid
batteries for collecting, storing, transporting, and handling used
lead-acid batteries.
(t) Ensuring that the impact of Article XIII C of the California
Constitution is addressed for local governments participating in the
program.
(u) A report from the advisory committee, established pursuant to
paragraph (3) of subdivision (a) of Section 42422, that includes a
summary of the consultative process between the advisory committee
and the lead-acid battery recycling organization during the
development of the plan, as well as any other information deemed
pertinent by the advisory committee to maximizing the recovery and
recycling of used lead-acid batteries in the state.
(v) Other information requested by the department that is
reasonably related to compliance with the recycling plan and that the
organization can reasonably compile.
42422.4. The recycling organization, in developing the plan
pursuant to Section 42422.2, may include market development
opportunities that would provide incentives to universities and
research companies to find alternatives to lead.
42422.6. (a) The department shall review the plan for compliance
with this chapter and shall approve, disapprove, or conditionally
approve the plan within 90 days of receipt of the plan. If the
department fails to act within 90 days of the receipt of the plan,
the plan shall be deemed approved.
(b) If the department disapproves the plan pursuant to subdivision
(a), the department shall explain, in writing, how the plan does not
comply with this chapter, and the lead-acid battery recycling
organization shall resubmit a plan to the department. If the
department finds that the plan as resubmitted by the organization
does not comply with the requirements of this chapter, the lead-acid
battery recycling organization shall be deemed not in compliance with
this chapter until the organization submits a plan that the
department finds complies with the requirements of this chapter. The
lead-acid battery recycling organization shall not resubmit the plan
more than two times to the department.
(c) The approved plan shall be a public record, except that
financial, production, or sales data reported to the department by
the lead-acid battery recycling organization is not public record for
purposes of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) and shall not be open to public inspection. The
department may release financial, production, or sales data in
summary form only so that the information cannot be attributable to a
specific manufacturer, retailer, or other entity.
42422.8. Within 90 days after approval or conditional approval by
the department of the plan, but no later than January 1, 2019, the
lead-acid battery recycling organization shall implement the approved
plan.
42422.9. (a) On or before January 1, 2021, based on methodology
contained in the plan and information contained in the first annual
report, the department, in consultation with the organization and
after taking into consideration relevant economic and practical
considerations and other information, shall establish and make public
the following:
(1) The state baseline amount of recycling of lead-acid batteries
with California recycling stickers.
(2) The state recycling goals for lead-acid batteries with
California recycling stickers.
(b) Beginning July 1, 2022, and annually thereafter, the annual
report required pursuant to Section 42425.2 shall demonstrate the
lead-acid battery recycling organization's good-faith effort to
comply with the state lead-acid battery recycling goals established
pursuant to this section.
(c) On or before July 1, 2023, and every four years thereafter,
the department shall review, including reviewing for consistency with
Section 41780.01, and update, as necessary, the baseline amount and
goals to ensure that the program advances the state recycling goal.
Article 3. Budget
42423. On or before July 1, 2018, and on or before July 1
annually thereafter, the lead-acid battery recycling organization
shall prepare and submit to the department a proposed used lead-acid
battery recycling program budget for the following calendar year that
includes all of the following:
(a) Anticipated revenues and costs of implementing the program,
including related programs, projects, contracts, and administrative
expenses.
(b) A recommended funding level sufficient to cover the plan's
budgeted costs and to operate the lead-acid battery recycling program
over a multiyear period in a prudent and responsible manner.
(c) The amount of the lead-acid battery recycling charge and an
itemization of the costs of the program.
42423.2. (a) On or before October 1, 2018, and annually
thereafter, the department shall approve or disapprove a final used
lead-acid battery recycling program budget. If the department fails
to act or does not disapprove a final used lead-acid battery
recycling program budget, the budget shall be deemed approved.
(b) (1) If the department disapproves the budget, the department
shall explain, in writing, how the budget does not comply with this
article, and the lead-acid battery recycling organization shall
submit a revised budget addressing the department's written reasons
for its decision within 30 days of the disapproval.
(2) The department, within 30 days from the date the lead-acid
battery recycling organization submits a revised budget, shall
approve or disapprove a final used lead-acid battery recycling
program budget. If the department fails to act or does not disapprove
a final program budget within those 30 days, the budget shall be
deemed approved.
42423.4. (a) The department shall notify the lead-acid battery
recycling organization of the department's costs that are directly
related to implementing and enforcing this chapter relating to the
lead-acid battery recycling organization's activities. This may
include the direct costs associated with regulatory development prior
to submittal of the plan required pursuant to Section 42422.2. The
total amount shall not exceed the department's direct costs to
implement and enforce this chapter.
(b) On or before July 1, 2019, and once every three months
thereafter, and within the fiscal year ending June 30, the lead-acid
battery recycling organization shall reimburse the department for
costs the department incurs of which the organization is notified
pursuant to subdivision (a).
(c) The department shall deposit all moneys submitted pursuant to
this section into the Used Lead-Acid Battery Recycling Fund, which is
hereby established in the State Treasury. Upon appropriation by the
Legislature, moneys in the fund shall be expended by the department
to administer and enforce this chapter, as well as reimburse any
outstanding loans made from other funds used to finance startup costs
of the department's activities pursuant to this chapter. The funds
collected pursuant to this section shall not be expended for any
other purpose.
Article 4. Lead-Acid Battery Recycling Charge
42424. (a) The lead-acid battery recycling organization shall set
the amount of the lead-acid battery recycling charge that shall be
added to the purchase price of a lead-acid battery at the point of
sale and include the charge amount in the annual budget.
(b) The lead-acid battery recycling charge shall meet all of the
following:
(1) It shall be based on the value of lead.
(2) It shall be no more than twenty dollars ($20) and no less than
fifteen dollars ($15).
(3) It shall be a flat rate and not a percentage of the purchase
price of the lead-acid battery.
(c) The recycling organization shall not set more than two
different charges to accommodate lead-acid battery size
differentials.
(d) If the amount of the lead-acid battery recycling charge
changes pursuant to subdivision (e), the recycling organization shall
notify retailers and any other entities that collect the recycling
charge.
(e) (1) In the first 12 months during which the lead-acid battery
recycling charge is collected, the lead-acid battery recycling
organization may change the amount of the lead-acid battery recycling
charge, in accordance with subdivision (b), and shall provide no
less than 90 days' notice to the public of any change in the amount
of the charge.
(2) After one year from the date when the collection of the
lead-acid battery recycling charge commences, the lead-acid battery
recycling organization may change the amount of the charge, in
accordance with subdivision (b), but the lead-acid battery recycling
organization shall not change the amount of the charge more
frequently than annually and shall provide no less than 180 days'
notice to the public before the change in the amount of the charge
takes effect.
(f) The amount of the charge shall be included in the annual
program budget for approval by the department.
42424.1. (a) On a quarterly basis, a manufacturer, recycler,
retailer, or distributor shall submit all moneys collected pursuant
to this article, minus the amount disbursed to consumers for the
return of lead-acid batteries with California recycling stickers
pursuant to Section 42427, to the recycling organization along with
any additional paperwork required by the department.
(b) (1) The recycling organization shall remit to the state one
dollar ($1) from the sale of each lead-acid battery with a California
recycling sticker to be deposited in the Lead-Acid Battery Cleanup
Fund, which is hereby created. Money in the Lead-Acid Battery Cleanup
Fund shall be
continuously appropriated, without regard to fiscal year, to the
Department of Toxic Substances Control for the cleanup of areas of
the state that have been contaminated by the production, recycling,
or improper disposal of lead-acid batteries and activities described
in Article 11 (commencing with Section 42431).
(2) The balance in the Lead-Acid Battery Cleanup Fund shall not be
more than one hundred million dollars ($100,000,000). If the balance
in the Lead-Acid Battery Cleanup Fund reaches one hundred million
dollars ($100,000,000), notice shall be given to the organization,
and a retailer of lead-acid batteries and other collectors of the
lead-acid battery recycling charge shall decrease the amount of the
lead-acid battery recycling charge by one dollar ($1) and the
recycling organization shall suspend remitting moneys pursuant to
paragraph (1). When the fund reaches thirty million dollars
($30,000,000), notice shall be given to the organization, and the
retailer or collector of the recycling charge shall increase the
lead-acid battery recycling charge by one dollar ($1) and the
recycling organization shall resume remitting moneys pursuant to
paragraph (1).
42424.2. (a) Commencing 90 days after the date the department
approves or conditionally approves the plan pursuant to Section
42422.6, each manufacturer, recycler, retailer, or distributor that
sells a lead-acid battery to a consumer or to the ultimate end user
of the lead-acid battery in the state shall add the charge to the
purchase price of the lead-acid battery.
(b) In each transaction described in subdivision (a), the charge
shall be clearly visible as a separate line item on the invoice,
receipt, or functionally equivalent billing document provided by the
retailer to the consumer.
(c) The lead-acid battery recycling organization shall develop
reimbursement criteria to enable retailers to recover administrative
costs associated with collecting the charge.
(d) The lead-acid battery recycling organization shall determine
the rules and procedures that are necessary and proper to implement
the collection of the charge in a fair, efficient, and lawful manner.
42424.4. (a) The lead-acid battery recycling organization may
conduct an audit of the parties that are required to remit the charge
to the lead-acid battery recycling organization to verify that the
charges paid are proper and accurate and to ensure all parties
required by this chapter to pay or collect the charge are paying or
collecting the proper amount.
(b) An audit conducted pursuant to this section shall be carried
out in accordance with generally accepted auditing practices and
shall be limited in scope to confirming whether the charge has been
properly collected on all sales of lead-acid batteries to consumers
in the state.
(c) For purposes of conducting audits pursuant to this section,
the lead-acid battery recycling organization shall hire independent
third-party auditors.
(d) If the lead-acid battery recycling organization conducts an
audit pursuant to this section, the organization shall provide a copy
of the audit to the department.
42424.6. (a) Except as provided in Section 42424.1, the lead-acid
battery recycling organization shall deposit the charges and other
moneys collected by the lead-acid battery recycling organization
pursuant to this chapter in accounts that are maintained and
disbursed by the organization.
(b) The lead-acid battery recycling organization may enter into a
joint venture, agreements, or contracts with third parties,
including, but not limited to, corporations, partnerships, nonprofit
entities, and governmental agencies, to undertake activities on the
lead-acid battery recycling organization's behalf that are consistent
with this chapter.
Article 5. Records, Audits, and Annual Report
42425. (a) The lead-acid battery recycling organization shall
keep minutes, books, and records that clearly reflect the activities
and transactions of the organization.
(b) (1) The accounting books of the lead-acid battery recycling
organization shall be audited at the organization's expense by an
independent certified public accountant retained by the organization
at least once each calendar year.
(2) The audit shall include, but is not limited to, the recycling
organization's program results and the number of lead-acid batteries
with California recycling stickers that have been returned pursuant
to Article 7 (commencing with Section 42427) in comparison to the
number of lead-acid batteries sold in the state.
(c) The lead-acid battery recycling organization shall arrange for
each audit conducted since the prior annual report to be delivered
to the department, along with the annual report required pursuant to
Section 42425.2. The department shall review each audit for
compliance with this chapter and consistency with the plan created
pursuant to this chapter. The department shall notify the lead-acid
battery recycling organization of any compliance issues or
inconsistencies. The lead-acid battery recycling organization may
obtain copies of the audits upon request. The department shall not
disclose any confidential proprietary information in an audit.
(d) The department may conduct its own audit if it determines that
an audit is necessary to enforce the requirements of this chapter
and that audits conducted pursuant to subdivision (b) are not
adequate for this purpose.
42425.2. On or before July 1, 2020, and each year thereafter, the
lead-acid battery recycling organization shall submit to the
department and make publicly available on its Internet Web site a
report that includes, for the preceding calendar year, all of the
following:
(a) The lead-acid battery recycling organization's costs and
revenues.
(b) The quantity of discarded used lead-acid batteries with
California recycling stickers collected for recycling in the program.
(c) The quantity of used lead-acid batteries with California
recycling stickers collected for recycling from different types of
collection points.
(d) The quantity of materials recycled, disaggregated by material.
(e) The uses for the recycled materials, disaggregated by
material.
(f) The quantity of materials disposed of without recycling.
(g) A description of methods used, and the best management
practices, to collect, transport, and process used lead-acid
batteries in this state.
(h) In the first report pursuant to this section, examples of
educational materials that were provided to consumers during the
program's first year, and, in subsequent years, any changes to those
materials.
(i) The total volume, number, and weight of used lead-acid
batteries with California recycling stickers collected, recycled, and
reused in this state during the preceding calendar year, including
any conversion factor used to determine the number of lead-acid
batteries recovered.
(j) A report by the advisory committee, established pursuant to
paragraph (3) of subdivision (a) of Section 42422 that includes a
summary of the consultative process between the advisory committee
and the lead-acid battery recycling organization relating to the
ongoing implementation of the plan, as well as any other information
deemed pertinent by the advisory committee to maximizing the recovery
and recycling of used lead-acid batteries in the state.
(k) For reports submitted on and after April 1, 2023, a
demonstration of good-faith effort with the state lead-acid battery
recycling goals established pursuant to Section 42422.9.
(l) (1) Any modifications or revisions to the lead-acid battery
recycling plan including those required pursuant to Section 42422.2,
necessary to achieve the state lead-acid battery recycling goals
established pursuant to Section 42422.9.
(2) Any proposed modifications or revisions to the lead-acid
battery recycling plan shall be submitted to the department and are
subject to the department review process prescribed in Section
42422.6.
(3) Within 90 days after approval or conditional approval by the
department, the lead-acid battery recycling organization shall
implement the revised plan.
(m) Other information relevant to compliance with the plan.
42425.4. No later than 60 days after the date the department
receives the annual report, the department shall notify the lead-acid
battery recycling organization of any deficiencies in the report. No
later than 60 days after receiving this notice from the department,
the lead-acid battery recycling organization shall provide additional
information, or modify or make corrections in the report, in
response to the department's notification.
Article 6. Lead-Acid Battery Recycling
42426. (a) On or before July 1, 2020, and annually thereafter, a
person that is engaged in business as a recycler shall submit a
report to the department that includes the following:
(1) The number of lead-acid batteries with California recycling
stickers received and recycled in the state during the preceding
calendar year.
(2) Other information deemed necessary by the department that is
reasonably related to compliance with this chapter and that can be
reasonably compiled.
(b) For purposes of determining the used lead-acid battery
recycling rate, on or before July 1, 2020, and annually thereafter,
the operator of a solid waste landfill facility within the state
shall report to the department, if requested, in a form and manner
determined by the department, regarding the number of used lead-acid
batteries with California recycling stickers received by that
facility that were recycled or disposed of in the preceding calendar
year.
(c) The department shall make the information provided pursuant to
this section available to interested parties and to the public.
Article 7. California Lead-Acid Battery Consumer Recycling
Program
42427. (a) On and after the same date a manufacturer, recycler,
retailer, or distributor described in Section 42424.2 is required to
add the recycling charge to the purchase price of a lead-acid
battery, that manufacturer, recycler, retailer or distributor shall
affix a California recycling sticker, as determined by the
department, to each lead-acid battery at the point of sale. Every
lead-acid battery sold in California on and after that date shall be
labeled with that California recycling sticker.
(b) (1) Except as provided in paragraph (2), a consumer who
returns a lead-acid battery with a California recycling sticker to a
manufacturer, retailer, or other entity that sells lead-acid
batteries to the ultimate user shall be given a refund of the
recycling charge minus three dollars ($3).
(2) If at the time the consumer returns a lead-acid battery the
recycling organization is not remitting one dollar ($1) into the
Lead-Acid Battery Cleanup Fund, as described in paragraph (2) of
subdivision (b) of Section 42424.1, the refund shall be the recycling
charge minus two dollars ($2).
(3) One dollar ($1) of the three dollars ($3) described in
paragraph (1) shall be used as the one dollar ($1) remitted to the
Lead-Acid Battery Cleanup Fund pursuant to Section 42424.1. The
remaining two dollars ($2) shall be used by the lead-acid battery
recycling organization for administration and implementation of the
program.
(c) A consumer who returns a lead-acid battery without a
California recycling sticker shall not be given a refund.
42427.2. If the total amount of refunds given out by an entity
exceeds the total amount of recycling charge collected by the entity,
the entity shall receive moneys from the recycling organization in
the amount of the difference.
42427.4. An entity that sells or distributes a lead-acid battery
in California to the ultimate user shall accept a used lead-acid
battery regardless if the lead-acid battery has a California
recycling sticker.
42427.6. A retailer that sells a used lead-acid battery to a
manufacturer shall remit 75 percent of the sale price of the used
lead-acid battery to the lead-acid battery recycling organization for
deposit into the Lead-Acid Battery Cleanup Fund.
Article 8. Enforcement
42428. (a) On or before March 1, 2018, and annually thereafter,
the department shall post on its Internet Web site a list of
manufacturers and recyclers that are in compliance with this chapter.
(b) A manufacturer or recycler that is not listed on the
department's Internet Web site pursuant to this section, but
demonstrates compliance with this chapter before the next notice is
required to be posted pursuant to this section, may request a
certification letter from the department stating the manufacturer or
recycler is in compliance. The manufacturer or recycler that receives
the letter shall be deemed to be in compliance with this chapter.
(c) A retailer that distributes or sells a lead-acid battery shall
monitor the department's Internet Web site to determine if the
manufacturer or recycler is in compliance with this chapter. A
retailer otherwise in compliance with this chapter shall be deemed in
compliance with the chapter if, on the date the retailer ordered or
purchased a lead-acid battery, or within 120 calendar days before or
after that date, the manufacturer or recycler was listed as compliant
on the department's Internet Web site, unless it is shown the
retailer was actually aware of the manufacturer's or recycler's
noncompliance.
(d) A retailer may sell or distribute lead-acid batteries through
sales to the public if those batteries were initially ordered or
purchased from a manufacturer or recycler when the manufacturer or
recycler was in compliance with the requirements of this chapter or
the retailer is deemed compliant in regard to those batteries
pursuant to subdivision (c).
(e) The sale, distribution, or offering for sale of any lead-acid
battery in stock prior to the commencement of the collection of the
lead-acid battery recycling charge pursuant to this chapter shall be
deemed to be in compliance with this chapter.
(f) If the department determines a manufacturer or recycler is not
in compliance with this chapter, the department shall remove the
manufacturer or recycler from the department's Internet Web site
pursuant to this section and the manufacturer or recycler shall not
sell a lead-acid battery in the state until the department determines
the manufacturer or recycler is in compliance with this chapter.
42428.2. (a) The department may impose an administrative civil
penalty on any manufacturer, lead-acid battery recycling
organization, recycler, or retailer that is in violation of this
chapter. The amount of the administrative civil penalty shall not
exceed one thousand dollars ($1,000) per day, but if the violation is
intentional, knowing, or reckless, the department may impose an
administrative civil penalty of not more than ten thousand dollars
($10,000) per day.
(b) The department shall not impose a penalty on the lead-acid
battery recycling organization pursuant to this section for a failure
to comply with this chapter if the organization demonstrates it
received false or misleading information from a member of the
organization or another party that was the direct cause of its
failure to comply.
(c) The department shall deposit all penalties collected pursuant
to this section into the Lead-Acid Battery Recovery and Recycling
Penalty Account, which is hereby created in the Used Lead-Acid
Battery Recycling Fund. Upon appropriation by the Legislature, moneys
deposited into the Lead-Acid Battery Recovery and Recycling Penalty
Account shall be expended by the department to administer and enforce
this chapter, including offsetting the costs incurred by the
department as specified in subdivision (a) of Section 42423.4.
42428.4. Upon a written finding that a manufacturer, lead-acid
battery recycling organization, recycler, or retailer has not met a
material requirement of this chapter, in addition to any other
penalties authorized under this chapter, the department may take any
of the following actions, after affording the manufacturer,
organization, recycler, or retailer a reasonable opportunity to
respond to or rebut the finding, to ensure compliance with the
requirements of this chapter:
(a) Revoke the lead-acid battery recycling organization's plan
approval or require the lead-acid battery recycling organization to
resubmit the plan.
(b) Remove the manufacturer or recycler from the department's
Internet Web site and list of compliant manufacturers and recyclers,
as specified in Section 42428.
(c) Require additional reporting requirements relating to
compliance with the material requirement identified by the
department.
42428.6. (a) A manufacturer, recycler, retailer, and lead-acid
battery recycling organization shall do both of the following:
(1) Upon request, provide the department with reasonable and
timely access, as determined by the department and as authorized
pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure, to its facilities and operations, as
necessary to determine compliance with this chapter.
(2) Upon request, provide the department with relevant records
necessary to determine compliance with this chapter.
(b) The records required by this chapter shall be maintained and
accessible for three years. All reports and records provided to the
department pursuant to this chapter shall be provided under penalty
of perjury.
(c) The department may take disciplinary action against a
manufacturer, recycler, retailer, or lead-acid battery recycling
organization if the manufacturer, recycler, retailer, or lead-acid
battery recycling organization fails to provide the department with
the access required pursuant to this section, including, but not
limited to, imposing penalties pursuant to Section 42428.2 and
posting an immediate notice on the department's Internet Web site
pursuant to Section 42428 that the manufacturer or recycler is no
longer in compliance with this chapter.
Article 9. Emergency Regulatory Authority
42429. (a) (1) The department may adopt emergency regulations to
implement this chapter with regard to establishing a process for the
submission and approval of the used lead-acid battery recovery and
recycling plan, pursuant to Section 42422.6, and for the submission
and approval of the proposed used lead-acid battery recycling program
budget, pursuant to Sections 42423 and 42423.2.
(2) The department shall not adopt regulations pursuant to this
section with regard to any other provision of this chapter.
(3) This section does not limit the department's authority to
adopt regulations pursuant to Section 40502.
(b) The emergency regulations adopted pursuant to this section
shall be adopted in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and for the purposes of that chapter, including Section 11349.6
of the Government Code, the adoption of these regulations is an
emergency and shall be considered by the Office of Administrative Law
as necessary for the immediate preservation of the public peace,
health, safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, any emergency regulations adopted by the
department pursuant to this section shall be filed with the Office of
Administrative Law.
Article 10. Antitrust Immunity
42430. (a) Except as provided in subdivision (c), an action
specified in subdivision (b) that is taken by a lead-acid battery
recycling organization or its members that relates to any of the
following is not a violation of the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), the Unfair Practices Act (Chapter 4
(commencing with Section 17000) of Part 2 of Division 7 of the
Business and Professions Code), or the Unfair Competition Law
(Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of
the Business and Professions Code).
(b) Subdivision (a) shall apply to all of the following elements
of the plan and actions taken by the lead-acid battery recycling
organization, manufacturer, or recycler:
(1) The creation, implementation, or management of a plan approved
by the department pursuant to Article 2 (commencing with Section
42422) and the selection of the types or quantities of used lead-acid
batteries recycled or otherwise managed pursuant to a plan, as
described in Article 2 (commencing with Section 42422).
(2) The cost and structure of an approved plan.
(3) The establishment, administration, collection, or disbursement
of the charges associated with funding the implementation of this
chapter.
(c) Subdivision (a) shall not apply to an agreement that does any
of the following:
(1) Fixes a price of or for lead-acid batteries, except for an
agreement related to costs or charges associated with participation
in a plan approved or conditionally approved by the department and
otherwise in accordance with this chapter.
(2) Fixes the output of production of lead-acid batteries.
(3) Restricts the geographic area in which, or customers to whom,
lead-acid batteries will be sold.
Article 11. Cleanup and Corrective Action of Sites
Contaminated by Lead-Acid Batteries
42431. If the state loans money from the General Fund to the
Toxic Substances Control Account during the 2016-17 fiscal year for
the cleanup of lead contamination in the state, the following shall
apply:
(a) Money from the Lead-Acid Battery Cleanup Fund may be used
towards repaying the loan.
(b) Any moneys designated as repayment of the loan shall be
credited to that loan, but shall be available to be loaned to the
Toxic Substances Control Account for the purposes of cleaning up
additional contamination by lead-acid batteries.
SECTION 1. Section 25160.8 of the Health and
Safety Code is amended to read:
25160.8. (a) For purposes of this section, the following
definitions shall apply:
(1) "CESQG wastes" means hazardous waste generated by a
conditionally exempt small quantity generator, as defined in
subdivision (a) of Section 25218.1.
(2) "Door-to-door household hazardous waste collection program" or
"household hazardous waste residential pickup service" has the same
meaning as defined in subdivision (c) of Section 25218.1.
(3) "Household hazardous waste" has the same meaning as defined in
subdivision (e) of Section 25218.1.
(4) "Public agency" has the same meaning as defined in subdivision
(j) of Section 25218.1.
(5) "Registered hazardous waste transporter" or "transporter"
means a person who holds a valid registration issued by the
department pursuant to Section 25163.
(b) In lieu of the requirements imposed upon a generator pursuant
to subdivision (b) of Section 25160 and the regulations adopted by
the department pursuant to Section 25161, a registered hazardous
waste transporter operating a door-to-door household hazardous waste
collection program or household hazardous waste residential pickup
service may use the manifesting procedure specified in subdivision
(c) if the transporter complies with the requirements
of subdivisions (d) and
(e).
(c) A registered hazardous waste transporter operating a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall comply
with all of the following manifesting procedures when transporting
household hazardous waste:
(1) A separate manifest shall be completed by each vehicle driver
with respect to each transport vehicle operated by that driver for
each date.
(2) The transporter shall complete both the generator's section
and the transporter's section of the manifest in the following
manner:
(A) In completing the generator's section of the manifest, the
transporter shall use the name, identification number, address, and
telephone number of the public agency operating the door-to-door
household hazardous waste collection program.
(B) In completing the transporter's section of the manifest, the
transporter shall use the transporter's own name, identification
number, terminal address, and telephone number.
(C) The generator's and transporter's sections shall be completed
prior to commencing each day's collection. The driver may sign for
the generator.
(3) (A) The transporter shall attach legible receipts to the front
of the manifest for each quantity of household hazardous waste that
is received from a household. The receipts shall be used to determine
the total volume of household hazardous waste in the vehicle.
(B) After the household hazardous waste is delivered, the receipts
shall be maintained with the transporter's copy of the manifest.
(C) The transporter shall provide a copy of the manifest to the
public agency authorizing the door-to-door household hazardous waste
collection program.
(D) A public agency shall retain each manifest submitted pursuant
to this paragraph for at least three years. The public agency shall
also retain the manifest during the course of any unresolved
enforcement action regarding a regulated activity or as requested by
the department or a certified unified program agency.
(4) Each receipt specified in paragraph (3) shall have the
residential address from which the household hazardous waste was
received, the date received, the manifest number, the volume or
quantity of household hazardous waste received, the type of household
hazardous waste received, the public agency name and phone number,
and the driver's signature.
(5) The transporter shall enter the total volume or quantity of
each type of household hazardous waste transported on the manifest at
the change of each date, change of driver, or change of transport
vehicle. The total volume or quantity shall be the cumulative amount
of each type of household hazardous waste collected from the
generators listed on the individual receipts.
(6) The transporter shall submit a generator copy of the manifest
to the department within 30 days of each shipment.
(7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years. This transporter shall also retain the manifest during the
course of any unresolved enforcement action regarding a regulated
activity or as requested by the department or a certified unified
program agency.
(8) (A) The transporter shall submit all copies of the manifest to
the designated facility.
(B) A representative of the designated hazardous waste facility
that receives the household hazardous waste shall sign and date the
manifest, return two copies to the transporter, retain one copy, and
send the original to the department within 30 days of receipt.
(C) In lieu of submitting a copy of each manifest used, the
facility operator may submit an electronic report to the department
that meets the requirements of Section 25160.3.
(D) If an out-of-state receiving facility is not required to
submit the signed manifest copy to the department pursuant to Section
25160 or 25161, the transporter, acting on behalf of the generator,
shall submit a copy of the manifest signed by the receiving hazardous
waste facility to the department pursuant to paragraph (3) of
subdivision (b) of Section 25160.
(9) A transporter shall comply with all other requirements of
Sections 25160 and 25161, unless expressly exempted pursuant to this
section.
(d) A registered hazardous waste transporter operating a
door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall comply
with all of the following requirements:
(1) A separate manifest shall be initiated for each jurisdiction,
such as from each city or each county, from which household hazardous
waste is collected, using the identification number of the public
agency operating the door-to-door household hazardous waste
collection program in that jurisdiction.
(2) (A) Only used oil, latex paint, and antifreeze that are
household hazardous wastes that are collected from individual
residents may be separately bulked on the vehicle, if the original
containers are appropriately managed.
(B) A transporter collecting household hazardous wastes from
multiple jurisdictions may consolidate those wastes at the time they
are collected only if there is a written agreement among all of the
jurisdictions and the transporter that wastes from multiple
jurisdictions may be consolidated.
(3) The transporter operating the door-to-door household hazardous
waste collection program or household hazardous waste residential
pickup service shall not collect CESQG wastes or mix household
hazardous waste with CESQG wastes in the same vehicle or at the same
time as conducting the residential door-to-door household hazardous
waste collection or household hazardous waste residential pickup
service.
(4) (A) The transporter shall conduct all door-to-door or
residential pickup operations to minimize potential harm to the
public, operators, haulers, and the environment.
(B) All associated collection personnel, contractors, and
emergency response personnel who will be handling the hazardous waste
shall use all required personal protective and safety equipment
during operating hours, as specified in Title 8 of the California
Code of Regulations.
(C) The transporter shall allow only those persons trained in
hazardous waste management, including personnel loading or unloading
waste from transport vehicles, to handle the household hazardous
waste.
(D) The transporter shall make available, upon request, to local,
state, or federal agencies, the job titles, job descriptions, and
personnel training records maintained for each person handling
hazardous waste, in the same manner as a hazardous waste facility
operator, as specified in subdivision (d) of Section 66264.16 of
Title 22 of the California Code of Regulations.
(e) (1) A transporter operating a door-to-door household hazardous
waste collection program or household hazardous waste residential
pickup service using the manifesting procedure specified in this
section shall submit quarterly reports to the department 30 days
after the end of each quarter. The transporter shall submit the first
quarterly report on October 31, 2012, covering the July to September
2012 period, and the transporter shall submit a report every three
months thereafter. Except as otherwise specified in paragraph (2),
the quarterly report shall be submitted in an electronic format
provided by the department.
(2) A transporter that uses the manifesting procedure specified in
this section for less than 1,000 tons per calendar year may apply to
the department to continue submitting paper format reports.
(3) For each transporter's name, terminal address, and
identification number, the quarterly report shall include the
following information for each generator for each manifest:
(A) The name of the public agency authorizing the door-to-door
household hazardous waste collection program or household hazardous
waste residential pickup service for each manifest.
(B) The date of the shipment.
(C) The manifest number.
(D) The volume or quantity of each waste stream received, its
California and RCRA waste code, and the waste stream category listed.
(4) The department shall make all of the information in the
quarterly reports submitted pursuant to this subdivision available to
the public through its usual means of disclosure.
(f) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. Section 25218.1 of the Health and
Safety Code is amended to read:
25218.1. For purposes of this article, the following terms have
the following meanings:
(a) "Conditionally exempt small quantity generator" or "CESQG"
means a business concern that meets the criteria specified in Section
261.5 of Title 40 of the Code of Federal Regulations.
(b) "Curbside household hazardous waste collection program" means
a collection service authorized by a public agency that is operated
in accordance with Section 25163 and subdivision (d) of Section
25218.5 and that collects one or more of the following types of
household hazardous waste:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Household hazardous waste that is designated as a universal
waste pursuant to this chapter or the regulations adopted by the
department.
(c) "Door-to-door household hazardous waste collection program" or
"household hazardous waste residential pickup service" means a
household hazardous waste service that meets all of the following
requirements:
(1) The program or service is operated by a public agency or its
contractor.
(2) The program or service is operated in accordance with
subdivision (e) of Section 25218.5.
(3) (A) The program or service collects household hazardous waste
from individual residences and transports that waste in an inspected
and certified hazardous waste transport vehicle operated by a
registered hazardous waste transporter, to either of the following:
(i) An authorized household hazardous waste collection facility.
(ii) A hazardous waste facility, as defined in Section 66260.10 of
Title 22 of the California Code of Regulations.
(B) Clause (ii) of subparagraph (A) shall become inoperative on
and after January 1, 2022.
(d) "Household" means a single detached residence or a single unit
of a multiple residence unit and all appurtenant structures.
(e) "Household hazardous waste" means hazardous waste generated
incidental to owning or maintaining a place of residence. Household
hazardous waste does not include waste generated in the course of
operating a business concern at a residence.
(f) "Household hazardous waste collection facility" means a
facility operated by a public agency, or its contractor, for the
purpose of collecting, handling, treating, storing, recycling, or
disposing of household hazardous waste, and its operation may include
accepting hazardous waste from conditionally exempt small quantity
generators if that acceptance is authorized pursuant to Section
25218.3. Household hazardous waste collection facilities include
permanent household hazardous waste collection facilities, as defined
in subdivision (h), temporary household hazardous waste collection
facilities, as defined in subdivision (p), recycle-only household
hazardous waste collection facilities, as defined in subdivision (n),
curbside household hazardous waste collection programs, as defined
in subdivision (b), door-to-door household hazardous waste collection
program or household hazardous waste residential pickup service, as
defined in subdivision (c), and mobile household hazardous waste
collection facilities, as defined in subdivision (g).
(g) "Mobile household hazardous waste collection facility" means a
portable structure within which a household hazardous waste
collection facility is operated and that meets all of the following
conditions:
(1) The facility is operated not more than four times in any one
calendar year at the same location.
(2) The facility is operated not more than three consecutive weeks
within a two-month period at the same location.
(3) Upon the termination of operations, all equipment, materials,
and waste are removed from the site within 144 hours.
(h) "Permanent household hazardous waste collection facility"
means a permanent or semipermanent structure at a fixed location that
meets both of the following conditions:
(1) The facility is operated at the same location on a continuous,
regular schedule.
(2) The hazardous waste stored at the facility is removed within
one year after collection.
(i) "Person authorized by the public agency" means an employee of
a public agency or a person from whom services are contracted by the
public agency.
(j) "Public agency" means a state or federal agency, county, city,
or district.
(k) "Quality assurance plan" means a written protocol prepared by
a public agency that is designed to ensure that reusable household
hazardous products or materials, as defined in subdivision (o), that
are collected by a household hazardous waste collection program are
evaluated to verify that product containers, contents, and labels are
as they originated from the products' manufacturers. The public
agency or a person authorized by the public agency, as defined in
subdivision (i), shall design the protocol to ensure, using its best
efforts with the resources generally available to the public agency,
or the person authorized by the public agency, that products selected
for distribution are appropriately labeled, uncontaminated, and
appear to be as they originated from the product manufacturers. A
quality assurance plan shall identify specific procedures for
evaluating each container placed in a recycling or exchange program.
The quality assurance plan shall also identify those products that
shall not be accepted for distribution in a recycling or exchange
program. Unacceptable products may include, but are not limited to,
banned or unregistered agricultural waste, as defined in subdivision
(a) of Section 25207.1, and products containing polychlorinated
biphenyls (PCB), asbestos, or dioxin.
( l ) "Recipient" means a person who accepts a
reusable household hazardous product or material at a household
hazardous waste collection facility operating pursuant to this
article.
(m) "Recyclable household hazardous waste material" means any of
the following:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Antifreeze.
(5) Spent lead-acid batteries.
(6) Household hazardous waste that is designated as a universal
waste pursuant to this chapter or the regulations adopted by the
department, except a universal waste for which the department
determines, by regulation, that there is no readily available
authorized recycling facility capable of accepting and recycling that
waste.
(n) "Recycle-only household hazardous waste collection facility"
means a household hazardous waste collection facility that is
operated in accordance with Section 25218.8 and accepts for recycling
only recyclable household hazardous waste materials.
(o) "Reusable household hazardous product or material" means a
container of household hazardous product, or a container of hazardous
material generated by a conditionally exempt small quantity
generator, that has been received by a household hazardous waste
collection facility operating pursuant to this article and that is
offered for distribution in a materials exchange program to a
recipient, as defined in subdivision (l), in accordance with a
quality assurance plan, as defined in subdivision (k).
(p) "Temporary household hazardous waste collection facility"
means a household hazardous waste collection facility that meets both
of the following conditions:
(1) The facility is operated not more than once for a period of
not more than two days in any one month at the same location.
(2) Upon termination of operations, all equipment, materials, and
waste are removed from the site within 144 hours.
SEC. 3. Section 25218.5 of the Health and
Safety Code is amended to read:
25218.5. (a) (1) Except as provided in paragraph (2), hazardous
waste transported to a household hazardous waste collection facility
shall be transported by any of the following:
(A) The individual or CESQG who generated the waste.
(B) A curbside household hazardous waste collection program.
(C) A mobile household hazardous waste collection facility, a
temporary household hazardous waste collection facility, or a
recycle-only household hazardous waste collection facility.
(D) A door-to-door household hazardous waste collection program.
(E) A household hazardous waste residential pickup service.
(F) A registered hazardous waste transporter carrying hazardous
waste generated by a CESQG.
(G) A registered hazardous waste transporter carrying hazardous
waste from a solid waste landfill loadcheck program or a transfer
station loadcheck program under agreement with the household
hazardous waste collection facility.
(H) A registered hazardous waste transporter, under agreement with
the household hazardous waste collection facility, operating under a
contract with a public agency to transport hazardous wastes that
were disposed of in violation of this chapter, and that are being
removed by, or are being removed under the oversight of, the public
agency, if the hazardous wastes were not originally disposed of in
violation of this chapter by that public agency.
(2) Spent batteries that are received and transported pursuant to
Section 25216.1 may be transported to a household hazardous waste
collection facility from a collection location or an intermediate
collection location.
(3) Notwithstanding Section 25218.4, a registered hazardous waste
transporter or mobile household hazardous waste collection facility
transporting hazardous waste to a household hazardous waste
collection facility shall comply with subdivisions (a) and (c) of
Section 25163 and paragraph (1) of subdivision (d) of Section 25160.
(b) An individual transporting household hazardous waste generated
by that individual and a CESQG transporting hazardous waste
generated by the CESQG to a household hazardous waste collection
facility shall meet all of the following conditions:
(1) (A) Except as provided in subparagraphs (B) and (C) and
Section 25218.5.1, the total amount of household hazardous waste
transported by an individual or hazardous waste transported by a
CESQG to a household hazardous waste collection facility shall not
exceed a total liquid volume of five gallons or a total dry weight of
50 pounds. If the hazardous waste transported is both liquid and
nonliquid, the total amount transported shall not exceed a combined
weight of 50 pounds.
(B) Subparagraph (A) does not apply to spent batteries that are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(C) A CESQG may transport up to 27 gallons or 220 pounds, but not
more than 100 kilograms, per month to a household hazardous waste
collection facility, if all of the following conditions are met:
(i) The hazardous waste being transported was generated by that
CESQG.
(ii) The CESQG contacts the household hazardous waste collection
facility prior to each delivery to confirm that the facility will
accept the hazardous waste.
(iii) The household hazardous waste collection facility provides
oral, written, or electronic instructions to the CESQG prior to each
delivery on proper packing for the safe transportation of the
specific hazardous waste being transported.
(iv) The CESQG or employees of the CESQG transport the hazardous
waste in a vehicle owned and operated by the CESQG.
(2) The household hazardous waste and CESQG hazardous waste that
is transported shall be in closed containers and packed in a manner
that prevents the containers from tipping, spilling, or breaking
during transport.
(3) Different household hazardous wastes or different CESQG
hazardous wastes shall not be mixed within a container before or
during transport.
(4) If the hazardous waste is an extremely hazardous waste or an
acutely hazardous waste, the total amount transported by a CESQG
shall not exceed 2.2 pounds.
(c) (1) Except as provided in paragraph (2), the total combined
volume or weight of latex paint, used oil filters, antifreeze, and
small batteries transported to a recycle-only household hazardous
waste collection facility by any one individual shall not exceed a
total volume of 10 gallons or a total dry weight of 100 pounds. Up to
two spent lead-acid batteries may be transported at the same time
and not more than 20 gallons of used oil may be transported in the
same vehicle if the volume of each individual container does not
exceed five gallons.
(2) Paragraph (1) does not apply to spent batteries that are
collected by a collection location or intermediate collection
location pursuant to Section 25216.1 and transported to a household
hazardous waste collection facility.
(d) A curbside household hazardous waste collection program shall
meet all of the following conditions:
(1) Not more than a total combined weight of 10 pounds of used oil
filters shall be collected from a single residence at one time.
(2) Not more than five gallons of used oil shall be collected from
a single residence at one time, and the volume of each individual
container collected shall not exceed five gallons.
(3) Not more than five gallons of latex paint shall be collected
from a single residence at one time, and the volume of each
individual container collected shall not exceed five gallons.
(4) Hazardous waste containing mercury shall not be collected by a
curbside household hazardous waste collection program unless the
waste is contained in secure packaging that prevents breakage and
spillage.
(5) Fluorescent light tubes that are four feet or greater in
length shall not be collected by a curbside household hazardous waste
collection program.
(6) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(7) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(e) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service shall meet all
of the following conditions:
(1) The transported household hazardous waste shall be in closed
containers and packed in a manner that prevents the containers from
tipping, spilling, or breaking during transport.
(2) Different household hazardous wastes shall not be mixed within
a container before or during transport.
(3) (A) A door-to-door household hazardous waste collection
program or household hazardous waste residential pickup service is
exempt from the requirements of Section 25160 regarding the use of a
manifest when transporting household hazardous waste collected from
individual residences to an authorized hazardous waste collection
facility. In lieu of a manifest, a receipt shall be issued for the
household hazardous waste collected from an individual residence, and
a copy of the receipt shall be retained by the public agency for a
period of at least three years.
(B) (i) On and before December 31, 2021, if household
hazardous waste is transported to a hazardous waste facility, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, the consolidated manifesting procedures specified in
Section 25160.8 shall be used by the public agency or its contractor.
(ii) On and after January 1, 2022, the requirements of clause (i)
shall not be operative.
(f) Notwithstanding Section 25218.4, a mobile household hazardous
waste collection facility, a temporary household hazardous waste
collection facility, or a recycle-only household hazardous waste
collection facility that transports household hazardous waste from
the collection facility to a household hazardous waste collection
facility pursuant to subdivision (a) shall comply with subdivisions
(a) and (c) of Section 25163 and paragraph (1) of subdivision (d) of
Section 25160.
(g) (1) Except as provided in paragraph (2), a door-to-door
household hazardous waste collection program or household hazardous
waste residential pickup service shall not be deemed to be a
household hazardous waste collection facility for purposes of this
chapter if it is operated in conjunction with an authorized household
hazardous waste collection facility.
(2) A door-to-door household hazardous waste collection program or
household hazardous waste residential pickup service, under which
household hazardous waste is collected from households in one
jurisdiction and transported to an authorized household hazardous
waste collection facility in another jurisdiction, shall be deemed a
household hazardous waste collection facility for purposes of this
chapter and shall submit the notification required in Section 25218.2
to each CUPA in whose jurisdiction the household hazardous waste is
collected.
SEC. 4. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.