AB 45
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 45 (Mullin) – As Amended April 13, 2015
SUBJECT: Household hazardous waste.
SUMMARY: Requires jurisdictions that provide for the residential collection and disposal of
solid waste to increase the collection and diversion of household hazardous waste. Specifically,
this bill:
1) Requires, on or before an unspecified date, each jurisdiction to increase its collection and
diversion of household hazardous waste (HHW) in its service area by an unspecified percent
over its baseline amount, as established in 3), below.
2) Allows a jurisdiction that has in place or adopts an ordinance implementing a comprehensive
program for the collection of HHW to have an additional unspecified number of years to
meet the collection and diversion objective specified in 1), above.
3) Requires, no later than an unspecified date, that each jurisdiction shall inform the Department
of Resources Recycling and Recovery (CalRecycle) of its baseline amount of collection and
diversion of hazardous waste in accordance with regulations adopted by CalRecycle. The
baseline amount may be expressed in tonnage or by the number of households participating,
and may focus on particular types of HHW. CalRecycle shall approve or disapprove of a
jurisdiction's baseline amount no later than an unspecified date.
4) Requires CalRecycle to adopt regulations to implement the bill's provisions.
5) Allows CalRecycle to adopt a model ordinance for a comprehensive program for the
collection of HHW to facilitate compliance with the bill's provisions.
6) Requires, starting at an unspecified date, and annually thereafter, each jurisdiction to report
to CalRecycle on progress achieved in complying with the bill's provisions.
7) Requires a jurisdiction to make a good faith effort to comply with the bill's provisions, and
allows CalRecycle to determine whether a jurisdiction has made a good faith effort for the
purposes of this program.
8) Provides, to the maximum extent practicable, that it is the intent of the Legislature that
reporting requirements under the bill's provisions be satisfied by submission of similar
reports currently required by law.
9) Prohibits the bill's provisions from applying to a jurisdiction that does not provide for the
residential collection and disposal of solid waste.
10) Defines the following terms:
a) "Comprehensive program for the collection of HHW" to mean a local program that
includes the following components:
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i) Utilization of locally sponsored collection sites;
ii) Scheduled and publicly advertised drop off days;
iii) Door-to-door collection programs;
iv) Mobile collection programs;
v) Dissemination of information about how consumers should dispose of the various
types of HHW; and,
vi) Education programs to promote consumer understanding and sue of the local
components of a comprehensive program.
b) "HHW" includes, but is not limited to, the following:
i) Automotive products, including, but not limited to, antifreeze, batteries, brake fluid,
motor oil, oil filters, fuels, was, and polish;
ii) Garden chemicals, including, but not limited to, fertilizers, herbicides, insect spray,
pesticides, and weed killers;
iii) Household chemicals, including, but not limited to, ammonia, cleaners, strippers, and
rust removers;
iv) Paint products, including, but not limited to, paint, caulk, glue, stripper, thinner, and
wood preservatives and stain;
v) Consumer electronics, including, but not limited to, televisions, computers, laptops,
monitors, keyboards, DVD and CD players, VCRs, MP3 players, cell phones, desktop
printers, scanners, fax machines, mouses, microwaves, and related cords;
vi) Swimming pool chemicals, including, but not limited to, chlorine tablets and liquids,
pool acids, and stabilizers;
vii) Household batteries. For purposes of this section, "household batteries" means
batteries that individually weigh two kilograms or less of mercury, alkaline, carbonzinc, or nickel-cadmium, and any other batteries typically generated as household
waste, including, but not limited to, batteries used to provide power for consumer
electronic and personal goods often found in a household;
viii)
Fluorescent tubes and compact florescent lamps;
ix) Mercury-containing items, including, but not limited to, thermometers, thermostats,
and switches;
x) Home-generated sharps waste, as defined in existing law; and,
xi) Home-generated pharmaceutical waste. For purposes of this section, "homegenerated pharmaceutical waste" means a prescription or nonprescription drug, as
specified, that is a waste generated by a household or households. "Home-generated
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pharmaceutical waste" shall not include drugs for which producers provide a takeback program as a part of a United States Food and Drug Administration managed
risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the
United States Code, or waste generated by a business, corporation, limited
partnership, or an entity involved in a wholesale transaction between a distributer and
a retailer.
11) States that the Legislature finds and declares all of the following:
a) HHW is creating environmental, health, and workplace safety issues. Whether due to
unused pharmaceuticals, batteries, medical devices, or other disposable consumer items,
effective and efficient disposal remains an extraordinary challenge.
b) State and local efforts to address disposal of these items have been well intended and, in
some cases, effective. However, even the most effective programs have very low
consumer participation. Other approaches being promoted throughout the state would
fragment the collection of HHW and move collection away from consumer convenience.
c) In addition to other programs for the collection of HHW, a number of cities in California
are already using curbside HHW collection program, door-to-door HHW collection
programs, and HHW residential pickup services as mechanisms for collecting and
disposing of many commonly used household items for which disposal has been the
subject of state legislation or local ordinances. The waste disposal companies and local
governments that have implemented these programs have found them to be valuable
components of a comprehensive approach to the management of HHW.
d) There is also an appropriate role for manufacturers and distributors of these products in
comprehensive efforts to more effectively manage HHW. That role should be based on
the ability of manufacturers and distributors to communicate with consumers.
e) It is the intent of the Legislature to enact legislation that would establish curbside HHW
collection programs, door-to-door HHW collection programs, and HHW residential
pickup services as the principal means of collecting HHW and diverting it from
California's landfills and waterways.
12) States that no reimbursement is required because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to pay for the program or
level of services mandated by this act.
EXISTING LAW:
1) Requires, under the California Integrated Waste Management Act of 1989, each city or
county to divert 50 percent of solid waste from landfill disposal or transformation on and
after January 1, 2000. Establishes a statewide policy goal that not less than 75 percent of
solid waste be source reduced, recycled, or composted on and after January 1, 2020.
2) Requires cities and counties to prepare, adopt, and submit to CalRecycle an HHW Element
plan which identifies a program for the safe collection, recycling, treatment, and disposal of
hazardous wastes that are generated by households within the jurisdiction and provides a
specific time frame for achieving these objectives.
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3) Requires CalRecycle and the Department of Toxic Substance Control (DTSC) to jointly
maintain a database of all household hazardous waste collection events, facilities, and
programs within the state and make that information available to the public upon request.
4) Establishes the California Oil Recycling Enhancement Act, which requires manufacturers of
used oil to pay a fee of 4 cents per quart (16 cents per gallon) to the Department of Resources
Recycling and Recovery (CalRecycle), which then pays a recycling incentive of 4 cents per
quart to industrial generators, curbside collection program operators, and certified used oil
collection centers for used oil collected from the public and transported for recycling.
5) Establishes the Electronic Waste Recycling Act of 2003, which requires a retailer selling a
covered electronic device (CED) in California to collect a recycling fee (between $3 and $5)
from the consumer. Fees are deposited into the Electronic Waste Recovery and Recycling
Account, which is continuously appropriated to CalRecycle and the DTSC to make electronic
waste recovery payments to cover the net cost of an authorized collector in operating a "free
and convenient" system for collecting, consolidating, and transporting CEDs, and to make
electronic waste recycling payments to cover an electronic waste recycler's average net cost
of receiving, processing, and recycling CEDs. Defines CED as a product that contains a
video display device 4 inches and larger.
6) Establishes the Cell Phone Recycling Act, which requires every retailer of cell phones to
have in place a system for the acceptance and collection of used cell phones for reuse,
recycling, or proper disposal.
7) Establishes the Rechargeable Battery Recycling Act, which requires every retailer of
rechargeable batteries to have in place a system for the acceptance and collection of used
rechargeable batteries for reuse, recycling, or proper disposal.
8) Establishes the Dry Cell Battery Management Act, which establishes requirements for the
production and labeling of consumer products with dry cell batteries and sets limits on the
amount of mercury in those batteries.
9) Establishes the Mercury Thermostat Collection Act, which requires manufacturers to
establish and maintain a program for mercury-added thermostats. Requires the program to
include collection, handling, and arranging for appropriate management of mercury-added
thermostats.
10) Requires pharmaceutical manufacturers that sell or distribute a medication in California that
is usually self-injected at home with a hypodermic needle to submit to CalRecycle a plan that
describes any actions taken by the manufacturer for the safe collection and proper disposal
of the waste devices.
11) Establishes the Architectural Paint Recovery Program, which requires architectural paint
manufacturers to develop and implement a program to manage waste latex paint.
12) Prohibits the disposal of home-generated sharps waste in solid waste or recycling streams
and requires pharmaceutical manufacturers that sell or distribute a medication in California
that is self-injected at home through the use of a hypodermic needle, pen needle, intravenous
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needle, or any other similar device to annually submit a plan to CalRecycle that describes
what actions, if any, the manufacturer supports for the safe management of sharps waste.
FISCAL EFFECT: This bill is keyed fiscal and contains a state-mandated local program.
COMMENTS:
1) Bill Summary. This bill requires jurisdictions that provide for the residential collection and
disposal of solid waste to increase the collection and diversion of household hazardous waste
by an unspecified percentage over a baseline amount. The bill requires each jurisdiction to
inform CalRecycle of its baseline amount of collection and diversion of hazardous waste in
accordance with regulations adopted by CalRecycle, by an unspecified date, and requires
CalRecycle to approve or disapprove of a jurisdiction's baseline amount by an unspecified
date. A jurisdiction that has in place or adopts an ordinance implementing a comprehensive
program for the collection of HHW will have an unspecified number of additional years to
meet the collection and diversion objectives specified in the bill. The bill also allows
CalRecycle to adopt a model ordinance for a comprehensive program for the collection of
HHW to facilitate compliance with the bill's provisions.
This bill is an author-sponsored measure.
2) Background on HHW. HHW is hazardous waste commonly generated by households and
includes such ubiquitous items as batteries, pesticides, electronics, fluorescent lamps, used
oil, solvents, and cleaners. If these products are handled or disposed of incorrectly, they can
pose a threat to health and safety and the environment. When these products are discarded,
they become "household hazardous waste." In California, it is illegal to dispose of HHW in
the trash, down the drain, or by abandonment. HHW needs to be disposed of through a
HHW program. While there are many different approaches to the collection and
management of HHW, all are permitted by DTSC and most are operated by local
jurisdictions. Some private operators operate programs under contract with local
jurisdictions, including curbside and door-to-door collection.
Many common products that are used in daily lives contain potentially hazardous ingredients
and require special care when disposed of. It is illegal to dispose of hazardous waste in the
garbage, down storm drains, or onto the ground. HHW are a wide range of products,
including lights bulbs, batteries, electronics, fluorescent lamps tubes, mercury-containing
items, electronic devices, acids, oxidizers, pesticides, paints, solvents and other products that
pose an environmental threat.
3) Types of HHW Programs:
a) Permanent Household Hazardous Waste Collection Facilities (PHHWCFs).
PHHWCFs are HHW collection facilities operated by a public agency on a continuous,
regular schedule and housed in a permanent or semi-permanent structure at a fixed
location. The HHW collected at the PHHWCF can only be stored at the facility for one
year. Wastes are routinely taken for recycling or disposal, and no wastes are allowed to
remain at the facility for more than one year after the date of collection. These facilities
are authorized under Permit by Rule (PBR) by the local jurisdiction, according to
regulatory standards adopted by DTSC.
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b) Curbside Collection. Curbside HHW collection programs may be operated by public
agencies to collect one or more of the following types of HHW: used oil and filters, latex
paint, batteries, electronic wastes, and cell phones. Curbside collection programs require
authorization and are operated according to the requirements established in the HHW
law.
c) Door-to-Door/Residential Collections. Residential (door-to-door) HHW collection
programs are a subset of the HHW program and are operated by public agencies to
collect household hazardous wastes directly from individual residences. Business waste
generated by a home-based business may not be collected by a door-to-door program.
The collected wastes are then transported to an authorized HHW collection facility.
Wastes to be collected by a door-to-door program must be kept in a secure environment
by the resident and may not be left where they may be accessed by the public, such as the
sidewalk or curbside.
4) Product Stewardship and Extended Producer Responsibility (EPR). Product
stewardship refers to a policy model that includes manufacturers in the end-of-life
management for products that they produce. The California Product Stewardship Council
states that EPR is a strategy to place a shared responsibility for end-of-life product
management on all entities involved in the product chain, instead of the local governments
and taxpayers, while encouraging product design changes that minimize a negative impact on
human health and the environment at every stage of a product's lifecycle. Ideally, EPR
allows the costs of management and disposal to be incorporated into the total cost of a
product. Good EPR programs result in products that are better designed for reuse and
recycling, make recycling more convenient for consumers, reduce illegal disposal of
hazardous materials, and encourage the use of recycled materials in new products.
In 2007, CalRecycle adopted strategic directives to guide solid waste management in
California. Strategic Directive 5: Producer Responsibility states that "it is a core value of
[CalRecycle] that producers assume the responsibility for the safe stewardship of their
materials in order to promote environmental sustainability."
5) Author's Statement. According to the author, "Many common household products such as
antifreeze, drain cleaners, household batteries, electronics, glue and adhesives, household
cleaners, paints, pesticides, pool cleaners, solvents, sharps and products containing mercury
(thermometers, fluorescent lights, etc.) are hazardous. If these products are handled or
disposed of incorrectly, they can pose a threat to human health, animals and the environment.
When these products are discarded, they become "household hazardous waste" (HHW).
"CalRecycle’s 2008 Waste Characterization Study (2014 data will be available in May of
2015) estimates that California residents throw away approximately 120,379 tons of
household hazardous waste (HHW and E-Waste) annually. In California, it is illegal to
dispose of HHW in the trash, down the drain, or by abandonment.
"Ultimately the goal of the bill is to increase the diversion/reduction of HHW from the
regular waste stream. Two important factors have been identified in the scientific literature
looking at HHW disposal behavior – convenience and knowledge of appropriate disposal.
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"In 1989, landmark legislation (AB 939 by Assemblymember Sher) was enacted that, among
other things, required local jurisdictions to “divert” 50% of all solid waste from landfill
disposal through source reduction, recycling, and related activity by January 1, 2000. The
“AB 939 Diversion” program is heralded as an environmental and economic success. The
law has conserved landfill capacity, created green jobs and businesses, reduced greenhouse
gases, conserved natural resources, and contributed to the fight against climate change. As
much as any law enacted in California, AB 939 has contributed to the modern environmental
ethic of stewardship.
"AB 45 borrows from the demonstrably successful “diversion” laws and programs described
above and requires local jurisdictions to “divert” a yet to be determined percentage of HHW
from landfills by 2020. Local jurisdictions that deploy convenient comprehensive residential
collection programs will be given more time to achieve the diversion objective."
6) Previous Legislation. AB 2371 (Mullin) of 2014, as heard by this Committee, would have
required each jurisdiction, no later than January 1, 2016, to review its HHW Element to
determine its effectiveness in the collection, recycling, treatment, and disposal of household
hazardous waste. The bill additionally would have required CalRecycle, on or before
January 1, 2017, to submit a report to the Legislature that analyzes the effectiveness of the
state's household hazardous waste management system, and identify certain factors for
CalRecycle to consider in that report. The bill was later amended to deal with a different
subject matter.
7) Related Legislation. AB 1159 (Gordon), pending in the Environmental Safety and Toxic
Materials Committee, would establish a pilot product stewardship program for the
management of medical sharps and household primary batteries.
8) Policy Considerations. The Committee may wish to consider the following:
a) Blanks. The Committee may wish to ask the author what he intends to specify in the
following blanks in the bill:
i) 47121 (a)(1). On or before _____, each jurisdiction shall increase its collection and
diversion of HHW in its service area by _____ percent over its baseline amount, as
established in subdivision (b).
ii) 47121 (a)(2). Notwithstanding paragraph (1), a jurisdiction that has in place or
adopts an ordinance implementing a comprehensive program for the collection of
household hazardous waste shall have an additional _____years to meet the collection
and diversion objective in paragraph (1).
iii) 47121 (b). No later than ____, each jurisdiction shall inform the department of its
baseline amount of collection and diversion of hazardous waste in accordance with
regulations adopted by the department. The baseline amount may be expressed in
tonnage or by the number of households participating, and may focus on particular
types of household hazardous waste. The department shall approve or disapprove
of a jurisdiction's baseline amount no later than _____.
iv) 47123. Commencing _____, and annually thereafter, each jurisdiction shall report to
the department on progress achieved in complying with this section.
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b) Local Control. According to the Solid Waste Association of Northern California, in
opposition, "Jurisdictions across the state have invested in infrastructure and collection
programs to provide different forms of convenience to residents. Some cities and
counties have permanent facilities, some have mobile roundup events, and some have a
combination of both types of collection opportunities. Several jurisdictions have
residential curbside or door-to-door collection, particularly for the elderly and disabled
population. Certain jurisdictions have also implemented a variety of approaches that
include the collection of sharps at convalescent homes, batteries at public libraries,
pharmaceuticals at law enforcement offices, and used marine oil at ports. This local
flexibility is a fundamental tenet of the Integrated Waste Management Act, including for
HHW programs. These existing HHW collection programs are robust, comprehensive,
cost effective, and tailored for the communities served by the jurisdictions."
c) Right Approach? The California State Association of Counties (CSAC), in opposition,
writes that CSAC "strongly supports the concept of EPR. While this model may not be
appropriate for all products, EPR is an excellent tool to employ for the producers of toxic
and expensive-to-manage products, requiring the industries that profit from the products
to have a stake in their proper management and disposal. Furthermore, this model
incentivizes producers to incorporate environmental considerations in their design
process, creating healthier products that are less toxic to our environment.
"We believe that AB 45 would have the opposite effect on California's HHW
management system. Requiring local jurisdictions to create a HHW baseline amount,
which would be used to calculate an unspecified diversion mandate, removes all
incentive for the creation of additional EPR programs in California. HHW management
is a very expensive process as these toxic products require very specific handling and
local governments and taxpayers should not have to bear the entire burden of managing
these products. Furthermore, HHW is much different than municipal solid waste and
creating targets for division is more complicated than household garbage. HHW includes
a number of different products, including fluorescent lamps and tubes, various chemicals,
sharps, pharmaceuticals and more. Households consume varying amounts of these types
of products and hold onto them for varying amounts of time, thus making the
development of a baseline difficult."
Additionally, the California Product Stewardship Council (CPSC), in opposition, writes
that "CPSC is concerned that a mandate on local governments, who are already
technically required to divert 100 percent of HHW from landfills, will create resource
pressures on local governments in order to divert a relatively minor, but very concerning,
portion of the waste stream which likely will dramatically increase garbage rates and/or
taxes.
"While we support a policy known as 'Extended Producer Responsibility'….we have
always been open to discussing alternative solutions that provide for a sharing of the
responsibility between local governments, manufacturers, and others. Our opposition to
AB 45 is based on the fact that the bill currently places all of the responsibility on local
governments without any sharing of responsibilities."
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9) Arguments in Support. Eli Lilly and Company supports the bill if it is amended "to
expressly pre-empt local ordinances that mandate the collection of household waste including
the collection of home generated sharps or prescription or non-prescription medicines."
10) Arguments in Opposition. Opponents argue that this bill will not substantially increase
participation in HHW collection, but will significantly increase costs to local government,
and erode the path to EPR that is now supported by many cities and counties within
California.
11) Double-Referral. This bill is double-referred to the Environmental Safety and Toxic
Materials Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Eli Lilly and Company (If Amended)
Opposition
Alameda County Board of Supervisors (In Concept)
California Product Stewardship Council
California State Association of Counties
Cities of Burbank, Diamond Bar, Lawndale, Paramount, Roseville, Santa Monica, and Torrance
Counties of San Bernardino and Tulare
Marin County Board of Supervisors
Lincoln Police Department
Los Angeles County (Concerns)
Los Angeles County Integrated Waste Management Task Force
Rocklin Police Department
Roseville Police Chief
Rural County Representatives of California
Placer County Board of Supervisors
Sacramento County Board of Supervisors
Santa Clara County Board of Supervisors
Solid Waste Association of North America, California Chapters
Stanislaus County Board of Supervisors
Urban Counties Caucus
Western Pacer Waste Management Authority
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958