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THIRD READING
Bill No: AB 255
Author: Wieckowski (D)
Amended: 4/7/11 in Assembly
Vote: 21
AB 255
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 6-0, 6/20/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe, Lowenthal
NO VOTE RECORDED: Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 70-0, 5/12/11(Consent) - See last page for vote
SUBJECT: Hazardous waste: latex paint: collection facility
SOURCE: StopWaste (Alameda County Waste Management Authority)
DIGEST: This bill removes quantity and source restrictions on household hazardous waste facilities. Specifically, this bill (1) adds permissive language to Health and Safety Code (HSC) Section 25217.2, stating that if the household hazardous waste facility has been authorized to accept hazardous waste from a conditionally exempt small quantity generator, then that facility may accept recyclable latex paint not only from a conditionally exempt small quantity generator, but from any generator, and (2) removes the 100 kilogram per-month cap on a household hazardous waste facility operating under HSC Section 25217.2.
ANALYSIS:
Existing law:
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AB 255
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1. Authorizes the Department of Toxic Substances Control to allow a household hazardous waste collection facility to accept hazardous waste from a conditionally exempt small quantity generator under specified conditions in HSC Section 25218.
2. Permits any entity, except for a household hazardous waste facility, to accept and recycle latex paint without a permit, without a paint limit, and with few restrictions.
3. Mandates that household hazardous waste facilities have stricter facility requirements concerning safety, training, and emergency preparedness.
4. Restricts a household hazardous waste facility to accepting 100 kilograms (about 220 pounds) of latex paint per month from conditionally exempt small quantity generators, even if a facility is capable of collecting and processing more paint. (HSC Section 25218.3)
Comments
According to the author’s office, this bill is aimed both at making it easier and less expensive for businesses to manage their latex paint waste and at encouraging proper disposal. Surplus, unused, and leftover latex paint is a major component of hazardous waste in California from both household and business sources. Recent waste characterization studies suggest that up to half of surplus and leftover paint in California is illegally discarded in landfills, much of it by businesses.
This bill bridges the disconnect between HSC Sections 25217 and 25218 by permitting the waste facilities covered by the stringent requirements of HSC
Section 25218 to receive recyclable latex paint in the manner permitted under HSC Section 25217. By doing so, a household hazardous waste facility may accept any amount of recyclable latex paint from any generator, but must still abide by the stringent facility, safety, training, and emergency response requirements of § 25218. By lifting the quantity restrictions on household hazardous waste facilities, more recyclable latex paint can be recycled because these facilities will not have to turn away small businesses with more than 100 kilograms of latex paint.
Prior Legislation. AB 1343 (Huffman), Chapter 420, Statutes of 2010, enacted an industry-led program to reduce the generation of leftover paint, promote its reuse, and properly manage unwanted leftover paint. The bill, as
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AB 255
Page 3 well as other programs for products including tire, motor oil, beverage containers, or electronic waste, included fees on manufacturers, retailers, or consumers to cover program cost. The passage of Proposition 26 in
November 2010 has the potential to limit the use of these product specific fees for stewardship programs without a two-thirds vote by the Legislature.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 7/8/11)
StopWaste (Alameda County Waste Management Authority) (source)
ASSEMBLY FLOOR : 70-0, 5/12/11 (Consent)
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles
Calderon, Campos, Carter, Chesbro, Cook, Davis, Dickinson, Donnelly,
Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Ma,
Mansoor, Mendoza, Miller, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel Pérez, Silva, Skinner, Smyth,
Solorio, Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell, Roger
Hernández, Bonnie Lowenthal, Mitchell, Portantino, Torres
DLW:mw 7/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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