SB 589
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO:
AUTHOR:
AMENDED:
FISCAL:
URGENCY:
SB 589
Lowenthal
April 25, 2011
Yes
No
SUBJECT:
UNIVERSAL WASTE RECYCLING
HEARING DATE:
CONSULTANT:
May 2, 2011
Caroll Mortensen
SUMMARY:
Existing law:
1) Requires that prior to commencing operations, a public agency, or its
contractor, that intends to operate a household hazardous waste collection
facility shall submit specified information to the Certified Unified Program
Agency (CUPA) (Health and Safety Code §25218.2).
2) Requires a hazardous waste facilities permit be obtained prior to the
operation for the operation of a household hazardous waste collection
facility, unless the facility only accepts specified recyclable waste.
(§25218.8)
3) Prohibits the disposal of some common or “universal” wastes in solid waste
landfills (California Code of Regulations, Title 22, Division 4.5, Chapter
23). Universal wastes are hazardous wastes that are generated by a wide
variety of sources that contain mercury, lead, cadmium, copper and other
substances hazardous to human and environmental health. Examples of
these wastes are household batteries, fluorescent tubes, and some electronic
devices.
4) Prohibits the manufacture of general purpose lights, as defined (includes
most fluorescent lamps) for sale in this state that contain levels of hazardous
substances that would result in the prohibition of those general purpose
lights being sold or offered for sale in the European Union pursuant to the
Reduction of Hazardous Substances Directive. (§25210.9)
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This bill clarifies that facilities that accept only universal wastes do not have to
have a hazardous waste facility permit as long as they are managing those
wastes in accordance with applicable laws and regulations.
COMMENTS:
1) Purpose of Bill. According to the author, California’s Universal Waste Rule
allows individuals and businesses to transport, handle and recycle certain
common hazardous wastes, termed universal wastes, in a manner that differs
from the requirements for most hazardous wastes. The more relaxed
requirements for managing universal wastes were adopted to ensure that they
are managed safely and are not disposed of in the trash. This bill clarifies that
as long as those requirements are followed, the facility is not required to have
a hazardous waste facility permit.
2) Fluorescent lamps. According to the author, current laws and regulations to
reduce energy consumption have been successful at spurring technological
advances in lighting. The use of fluorescent lamps has many environmental
benefits: they save energy, last much longer than incandescent lamps, reduce
dependency on fossil fuels, and decrease production of greenhouse gases.
However, even “green” lamps contain a small amount of mercury, a potent
neurotoxin. Since 2006, California households have not been able to legally
dispose of fluorescent lamps in the trash. Fluorescent lamps and other
mercury-containing devices are banned from landfills in California.
3) Previous Efforts: AB 1109 Task Force. The California Lighting Efficiency
and Toxics Reduction Act (AB 1109 (Huffman) Chapter 534, Statutes of
2007) requires DTSC, in coordination with the Department of Resource
Recycling and Recovery to convene a task force to consider and make
recommendations, on or before September 1, 2008, on methods of collection,
recycling, education, outreach, labeling, and designations for end-of-life
residential fluorescent lamps, which are considered hazardous waste upon
disposal. One of the items that enjoyed broad consensus among members of
the Task Force is that collection, recycling, and public education elements
should be administered by an independent third-party organization (TPO),
unless the local utility opted to administer the program. The TPO would be
responsible for education and outreach programs, as well as collection,
transportation, and recycling of lamps. The TPO would also collect data from
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retailers and/or manufacturers on lamp sales in California and from retailers
and recyclers on the quantity of lamps collected for recycling in the state.
4) Next Steps. The author has been working with a group of stakeholders on a
program that would establish a product stewardship type of program for
fluorescent lamps. If the bill is substantively amended, the Committee would
need to again hold a hearing on this bill.
5) Previous Legislation.
a) AB 712 (Migden) of 2002 set a fee on fluorescent bulbs for collection and
education. (Died on the Senate Floor).
b) SB 511 (Figueroa) of 2003 required fluorescent bulb manufacturers to
submit a plan with a fee and recycling goals and label bulbs and
packaging. (Died in Senate Appropriations Committee).
c) AB 1699 (Laird) of 2004 provided for a fee to be determined by the
Integrated Waste Management Board to be paid by the retail purchasers of
lamps. The fee would be used to fund grants for collection (Died in
Senate Appropriations Committee).
d) SB 1180 (Figueroa) of 2004 set a fee on bulbs based on a sustainability
index, as defined, to provide funds for collection and education. (Died in
Assembly Appropriations Committee).
e) AB 1109 (Huffman) Chapter 534, Statutes of 2007, established lighting
standards and required a Task Force be convened to look at collection and
recycling issues.
f) AB 1173 (Huffman) of 2009 prohibited a manufacturer from using funds
from energy distribution charges for the purchase and distribution of
lamps unless they met certain requirements, including lower levels of
mercury, and implementation of a lamp recycling program. A retailer
receiving funds from energy distribution charges for a lamp program must
provide in-store collection opportunities for recycling lamps. (Vetoed by
the Governor).
g) AB 2176 (Blumenfeld) of 2009 required manufacturers to submit a plan
for management of the bulbs. (Died in Assembly Appropriations
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Committee).
SOURCE:
Author
SUPPORT:
OSRAM Sylvania, Inc.
OPPOSITION: None on file