Bill Text: CA AB45 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Household hazardous waste.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee: Without further action pursuant to Joint Rule 62(a). [AB45 Detail]

Download: California-2015-AB45-Amended.html

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BILL NUMBER: AB 45	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2015

INTRODUCED BY   Assembly Member Mullin

                        DECEMBER 1, 2014

   An act  to add Article 3.4 (commencing with Section 47120) to
Chapter 1 of Part 7 of Division 30 of the Public Resources Code,
  relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 45, as amended, Mullin. Household hazardous waste. 
   The California Integrated Waste Management Act of 1989, which is
administered by the Department of Resources Recycling and Recovery,
requires, among other things, each city and each county to prepare a
household hazardous waste element containing specified components,
and to submit that element to the department for approval. Existing
law requires the department to approve the element if the local
agency demonstrates that it will comply with specified requirements.
A city or county is required to submit an annual report to the
department summarizing its progress in reducing solid waste,
including an update of the jurisdiction's household hazardous waste
element.  
   This bill would require each jurisdiction that provides for the
residential collection and disposal of solid waste, on or before an
unspecified date, to increase the collection and diversion of
household hazardous waste in its service area by an unspecified
percentage over a baseline amount, to be determined in accordance
with department regulations. The bill would authorize the department
to adopt a model ordinance for a door-to-door collection and
diversion program to facilitate compliance with those provisions, and
would require each jurisdiction to annually report to the department
on progress achieved in complying with those provisions. By imposing
new duties on local agencies, the 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law authorizes public agencies to operate curbside
household hazardous waste collection facilities, door-to-door
household hazardous waste collection programs, and household
hazardous waste residential pickup services, and specifies conditions
for the transportation of household hazardous waste. 

   This bill would express the Legislature's intent to enact
legislation that would establish curbside household hazardous waste
collection programs, door-to-door household hazardous waste
collection programs, and household hazardous waste residential pickup
services as the principal means of collecting household hazardous
waste and diverting it from California's landfills and waterways.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) Household hazardous waste 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.
   (2) State and local efforts to address disposal of these items
have been well intended, but ultimately these piecemeal and truncated
approaches have not proved effective. These approaches fragment the
collection of household hazardous waste and move collection away from
the closest and most practical point of disposal: the consumer's
residence.
   (3) A number of cities in California are already using curbside
household hazardous waste collection programs, door-to-door household
hazardous waste collection programs, and household hazardous waste
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 and services have found them to be successful and
inexpensive.
   (b) It is the intent of the Legislature to enact legislation that
would establish curbside household hazardous waste collection
programs, door-to-door household hazardous waste collection programs,
and household hazardous waste residential pickup services as the
principal means of collecting household hazardous waste and diverting
it from California's landfills and waterways.
   SEC. 2.    Article 3.4 (commencing with Section
47120) is added to Chapter 1 of Part 7 of Division 30 of the 
 Public Resources Code   , to read:  

      Article 3.4.  Household Hazardous Waste Collection and
Diversion


   47120.  For purposes of this article, the following terms have the
following meanings:
   (a) "Door-to-door collection and diversion program" means a
curbside household hazardous waste collection program, door-to-door
household hazardous waste collection program, or household hazardous
waste residential pickup service administered by a jurisdiction that
allows a resident to arrange, by appointment, for the collection of
household hazardous waste at his or her residence in accordance with
all applicable state and federal laws and regulations.
   (b) "Household hazardous waste" includes, but is not limited to,
the following:
   (1) Automotive products, including, but not limited to,
antifreeze, batteries, brake fluid, motor oil, oil filters, fuels,
wax, and polish.
   (2) Garden chemicals, including, but not limited to, fertilizers,
herbicides, insect sprays, pesticides, and weed killers.
   (3) Household chemicals, including, but not limited to, ammonia,
cleaners, strippers, and rust removers.
   (4) Paint products, including, but not limited to, paint, caulk,
glue, stripper, thinner, and wood preservatives and stain.
   (5) 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.
   (6) Swimming pool chemicals, including, but not limited to,
chlorine tablets and liquids, pool acids, and stabilizers.
   (7) Household batteries. For purposes of this section, "household
batteries" means batteries that individually weigh two kilograms or
less of mercury, alkaline, carbon-zinc, 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.
   (8) Fluorescent tubes and compact florescent lamps.
   (9) Mercury-containing items, including, but not limited to,
thermometers, thermostats, and switches.
   (10) Home-generated sharps waste, as defined in Section 117671 of
the Health and Safety Code.
   (11) Home-generated pharmaceutical waste. For purposes of this
section, "home-generated pharmaceutical waste" means a prescription
or nonprescription drug, as specified in Section 4022 or 4025.1 of
the Business and Professions Code, that is a waste generated by a
household or households. "Home-generated pharmaceutical waste" shall
not include drugs for which producers provide a take-back 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 distributor and a retailer.
   47121.  (a) (1) On or before _____, each jurisdiction shall
increase its collection and diversion of household hazardous waste in
its service area by _____ percent over its baseline amount, as
established in subdivision (b).
   (2) Notwithstanding paragraph (1), a jurisdiction that adopts an
ordinance implementing a household hazardous waste collection program
identified in subdivision (b) or (c) of Section 25218.1 of the
Health and Safety Code for household hazardous waste shall have an
additional _____ years to meet the collection and diversion objective
in paragraph (1).
   (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 department shall approve or disapprove of a
jurisdiction's baseline amount no later than _____.
   47122.  (a) The department shall adopt regulations to implement
this article.
   (b) The department may adopt a model ordinance for a door-to-door
collection and diversion program to facilitate compliance with this
article.
   47123.  Commencing ____, and annually thereafter, each
jurisdiction shall report to the department on progress achieved in
complying with this section. A jurisdiction shall make a good faith
effort to comply with this section, and the department may determine
whether a jurisdiction has made a good faith effort for purposes of
this program. To the maximum extent practicable, it is the intent of
the Legislature that reporting requirements under this section be
satisfied by submission of similar reports currently required by law.

   47124.  This article does not apply to a jurisdiction that does
not provide for the residential collection and disposal of solid
waste. 
   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.