Bill Text: CA AB2660 | 2017-2018 | Regular Session | Amended
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-Amended.html
reconciliation. reconciliation, and to maximize the number of surplus household consumer products in the state that are managed in accordance with state law. person located in California retailer or manufacturer who transfers or ships a surplus household consumer product from a location in the state to a reverse distributor shall do all of the following:
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-Amended.html
|
Amended
IN
Assembly
March 13, 2018 |
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 amended, 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 retailer or manufacturer that transfers or ships from a location in the state 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 retailer or manufacturer 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 financial25231.
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
the 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(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) this section available for inspection by any enforcement agency with jurisdiction within a reasonable period of time upon request.
(4) If the reverse distributor is located outside of California in a state that does not apply California’s definition of “hazardous waste,” as specified in Section 25117, require the reverse distributor, as a condition of receipt of the retailer’s or manufacturer’s surplus household consumer products, to provide, on or before April 1, 2020, and on or before April 1 of each year thereafter, to the retailer or manufacturer the percentage of surplus household consumer products received from all retailer or manufacturer locations in California as to which, in the preceding calendar year, the reverse distributor did each of the following:
(A) Donated.
(B) Sold for salvage or reuse.
(C) Shipped to a vendor or a vendor’s agent.
(D) Disposed of as solid waste, other than disposal as part of a recall.
(E) Disposed of as medical waste, other than disposal as part of a recall.
(F) Disposed of as hazardous waste, other than
disposal as part of a recall.
(5) If paragraph (4) applies, prepare, on or before May 1, 2020, for the 2019 calendar year, and on or before May 1 of each year thereafter for the preceding calendar year, a document summarizing the responses received pursuant to paragraph (4) and indicating the number of items of surplus household consumer products that the retailer or manufacturer shipped in the preceding calendar year to each reverse distributor located in a state that does not apply California’s definition of “hazardous waste,” pursuant to Section 25117.
(6) Maintain the documents required pursuant to paragraph (5) for three years.
(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 retailer or manufacturer 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.
