Bill Text: CA AB2660 | 2017-2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hazardous waste: surplus household consumer products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-06-20 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2660 Detail]
Download: California-2017-AB2660-Introduced.html
Bill Title: Hazardous waste: surplus household consumer products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-06-20 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2660 Detail]
Download: California-2017-AB2660-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 2660 |
| Introduced by Assembly Member Quirk |
February 15, 2018 |
An act to add Article 11.2 (commencing with Section 25230) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2660, as introduced, Quirk.
Hazardous waste: surplus household consumer products.
Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Department of Toxic Substances Control, to develop and implement a public information program to provide uniform and consistent information on the proper disposal of hazardous substances found in and around homes. Existing law provides for regulation of the disposition of hazardous waste by the Department of Toxic Substances Control. Existing law requires the Department of Toxic Substances Control to convene a Retail Waste Working Group, as prescribed, to consider and make findings and recommendations relating to requirements for the management of surplus household consumer products, waste reduction opportunities for those products, and waste management requirements, as specified. A violation of the hazardous waste control laws is a crime.
This bill would impose certain requirement on a person who transfers or ships a surplus household consumer product, as defined by the bill, to a reverse distributor, as defined. The bill would authorize a reverse distributor to receive a surplus household consumer product to evaluate the product for reuse, donation, transfer for credit, and other specified purposes. The bill would authorize a reverse distributor to transfer the product for recycling or disposal only after first evaluating the product for all of the other specified purposes. The bill would provide that a surplus household consumer product transferred or shipped to a reverse distributor is not a waste and that the person transferring or shipping the surplus household consumer product to the reverse distributor is not required to make a waste determination for that surplus household consumer product. The bill would provide that a surplus household consumer product is not a waste until a reverse
distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product. By creating a new crime, this bill would impose a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 11.2 (commencing with Section 25230) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:Article 11.2. Surplus Household Consumer Products
25230.
The Legislature finds and declares that this article is intended to augment the established processes for the management of surplus household consumer products that can be safely used, donated, or sold, that are subject to recall, or for which a retailer may obtain bona fide financial credit or other financial reconciliation.25231.
For purposes of this article, the following definitions shall apply:(a) “Reverse distributor” means a location, or part of a location, where surplus household consumer products are received and evaluated for purposes of any of the following:
(1) Selling or arranging for the sale of the products.
(2) Donating or arranging for the donation of the products.
(3) Determining a manufacturer’s, vendor’s, or supplier’s bona fide financial credit or facilitating other financial reconciliation for the products.
(4) Transferring the products to a manufacturer, distributor, vendor, or supplier, or the respective agent of each.
(5) Undertaking recalls pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.
(6) Conducting other activities consistent with the purposes of this article that are authorized by the department.
(7) Transferring the products for recycling or disposal, after first evaluating the products for all of purposes described in paragraphs (1) to (6), inclusive.
(b) “Surplus household consumer product” means a consumer product
packaged for personal, family, or household use that meets all of the following conditions:
(1) The consumer product meets any of the following conditions:
(A) Has reasonable potential for use.
(B) Whether or not expired, is subject to a contractual agreement providing for the return of the product to the manufacturer, manufacturer’s agent, vendor, or supplier for a bona fide financial credit or other financial reconciliation, and has reasonable potential to qualify for a bona fide financial credit or other financial reconciliation.
(C) Whether or not expired, has been recalled pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is
considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.
(2) The product is packaged in its original packaging or a package of similar strength and integrity.
(3) The product is not a drug, as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)(1)), that is offered for sale with a prescription.
25232.
A surplus household consumer product is not a waste, as defined in Section 25124, until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product.25233.
(a) A person located in California who transfers or ships a surplus household consumer product to a reverse distributor shall do all of the following:(1) Package, transfer, and ship the surplus household consumer product in accordance with all applicable state and federal regulations relating to the packaging, transfer, and shipment of consumer products, including applicable reverse logistics requirements.
(2) Maintain, for a period of three years following the date of the shipment, records of each shipment of surplus household consumer products to a reverse distributor that demonstrate that each shipment was received. The documentation may include bills of lading, electronic
accounting records, logs, invoices, or other shipping documentation.
(3) Make the records maintained under paragraph (2) available for inspection by any enforcement agency with jurisdiction within a reasonable period of time upon request.
(b) A surplus household consumer product transferred or shipped to a reverse distributor pursuant to subdivision (a) is not a waste, as defined in Section 25124, and the person transferring or shipping the surplus household consumer product to the reverse distributor shall not be required to make a waste determination for that surplus household consumer product.
