BILL NUMBER: SB 26 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 10, 2010
AMENDED IN SENATE JANUARY 20, 2010
AMENDED IN SENATE APRIL 15, 2009
INTRODUCED BY Senator Simitian
DECEMBER 1, 2008
An act to amend Section 48652 of the Public Resources
Code, relating to recycling. An act to amend Sections
25218.1 and 25218.3 of the Health and Safety Code, relating to
hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 26, as amended, Simitian. Recycling: used lubricating
oil: rerefining incentive. Hazardous waste: household
hazardous waste collection facility: small quantity generators.
(1) Existing law authorizes the Department of Toxic Substances
Control to allow a household hazardous waste collection facility to
accept hazardous waste in specified amounts from a conditionally
exempt small quantity generator (CESQG). A violation of the hazardous
waste control laws is a crime.
This bill would additionally prohibit a household hazardous waste
collection facility that is authorized by the department to accept
hazardous waste from a CESQG from accepting more than 1000 kilograms
of recyclable latex paint. The bill would also make a clarifying
revision to the definition of CESQG.
Since a violation of the bill's prohibition would be a crime
pursuant to other provisions of the hazardous waste control law, the
bill would impose a state-mandated local program.
(2) 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.
The California Oil Recycling Enhancement Act, administered by the
Department of Resources Recycling and Recovery, establishes the used
oil recycling program, consisting of, among other things, a recycling
incentive system. The act requires the department, on and after
January 1, 2013, to pay a rerefining incentive to certain recycling
facilities that produce rerefined base lubricants meeting specified
requirements and requires the department to set the amount of the
rerefining incentive, on and after January 1, 2014, at $0.02 per
gallon.
The act generally imposes charges on oil manufacturers and
manufacturers of finished lubricants and requires the department to
deposit the charges in the California Used Oil Recycling Fund, which
is continuously appropriated to the department to pay, among other
things, those rerefining incentives.
This bill would make technical nonsubstantive changes to that
provision.
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. Section 25218.1 of the
Health and Safety Code is amended to read:
25218.1. For purposes of this article, the following terms have
the following meaning:
(a) "Conditionally exempt small quantity generator" or "CESQG"
means a business concern which that
meets the criteria specified in Section 261.5 of Title 40 of the Code
of Federal Regulations , and for purposes of meeting the
conditions of subsection (a) of Section 261.5 of Title 40 of the Code
of Federal Regulations, only hazardous waste that is RCRA hazardous
waste shall be included in calculating the amount of hazardous waste
generated by that business concern .
(b) "Curbside household hazardous waste collection program" means
a collection service authorized by a public agency that is operated
in accordance with Section 25163 and subdivision (d) of Section
25218.5 and that collects one or more of the following types of
household hazardous waste:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Household hazardous waste that is designated as a universal
waste pursuant to this chapter or the regulations adopted by the
department.
(c) "Door-to-door household hazardous waste collection program" or
"household hazardous waste residential pickup service" means a
program operated by a public agency, or its contractor, that collects
household hazardous waste from individual residences, and transports
that waste in an inspected and certified hazardous waste transport
vehicle to an authorized household hazardous waste collection
facility.
(d) "Household" means a single detached residence or a single unit
of a multiple residence unit and all appurtenant structures.
(e) "Household hazardous waste" means any hazardous waste
generated incidental to owning or maintaining a place of residence.
Household hazardous waste does not include any waste generated in the
course of operating a business concern at a residence.
(f) "Household hazardous waste collection facility" means a
facility operated by a public agency, or its contractor, for the
purpose of collecting, handling, treating, storing, recycling, or
disposing of household hazardous waste, and its operation may include
accepting hazardous waste from conditionally exempt small quantity
generators if that acceptance is authorized pursuant to Section
25218.3. Household hazardous waste collection facilities include
permanent household hazardous waste collection facilities, as defined
in subdivision (h), temporary household hazardous waste collection
facilities, as defined in subdivision (p), recycle-only household
hazardous waste collection facilities, as defined in subdivision (n),
curbside household hazardous waste collection programs, as defined
in subdivision (b), and mobile household hazardous waste collection
facilities, as defined in subdivision (g).
(g) "Mobile household hazardous waste collection facility" means a
portable structure within which a household hazardous waste
collection facility is operated and that meets all of the following
conditions:
(1) The facility is operated not more than four times in any one
calendar year at the same location.
(2) The facility is operated not more than three consecutive weeks
within a two-month period at the same location.
(3) Upon the termination of operations, all equipment, materials,
and waste are removed from the site within 144 hours.
(h) "Permanent household hazardous waste collection facility"
means a permanent or semipermanent structure at a fixed location that
meets both of the following conditions:
(1) The facility is operated at the same location on a continuous,
regular schedule.
(2) The hazardous waste stored at the facility is removed within
one year after collection.
(i) "Public agency" means a state or federal agency, county, city,
or district.
(j) "Quality assurance plan" means a written protocol prepared by
a public agency that is designed to ensure that reusable household
hazardous products or materials, as defined in subdivision (o), that
are collected by a household hazardous waste collection program are
evaluated to verify that product containers, contents, and labels are
as they originated from the products' manufacturers. The public
agency or a person authorized by the public agency, as defined in
subdivision (k), shall design the protocol to ensure, using its best
efforts with the resources generally available to the public agency,
or the person authorized by the public agency, that products selected
for distribution are appropriately labeled, uncontaminated, and
appear to be as they originated from the product manufacturers. A
quality assurance plan shall identify specific procedures for
evaluating each container placed in a recycling or exchange program.
The quality assurance plan shall also identify those products that
shall not be accepted for distribution in a recycling or exchange
program. Unacceptable products may include, but are not limited to,
banned or unregistered agricultural waste, as defined in subdivision
(a) of Section 25207.1, and products containing PCB, asbestos, or
dioxin.
(k) "Person authorized by the public agency" means an employee of
a public agency or a person from whom services are contracted by the
public agency.
(l) "Recipient" means any person who accepts a reusable household
hazardous product or material at a household hazardous waste
collection facility operating pursuant to this article.
(m) "Recyclable household hazardous waste material" means any of
the following:
(1) Latex paint.
(2) Used oil.
(3) Used oil filters.
(4) Antifreeze.
(5) Spent lead-acid batteries.
(6) Household hazardous waste that is designated as a universal
waste pursuant to this chapter or the regulations adopted by the
department, except a universal waste for which the department
determines, by regulation, that there is no readily available
authorized recycling facility capable of accepting and recycling that
waste.
(n) "Recycle-only household hazardous waste collection facility"
means a household hazardous waste collection facility that is
operated in accordance with Section 25218.8 and accepts for recycling
only recyclable household hazardous waste materials.
(o) "Reusable household hazardous product or material" means a
container of household hazardous product, or a container of hazardous
material generated by a conditionally exempt small quantity
generator, that has been received by a household hazardous waste
facility operating pursuant to this article and that is offered for
distribution in a materials exchange program to a recipient, as
defined in subdivision (l), in accordance with a quality assurance
plan, as defined in subdivision (j).
(p) "Temporary household hazardous waste collection facility"
means a household hazardous waste collection facility that meets both
of the following conditions:
(1) The facility is operated not more than once for a period of
not more than two days in any one month at the same location.
(2) Upon termination of operations, all equipment, materials, and
waste are removed from the site within 144 hours.
SEC. 2. Section 25218.3 of the Health
and Safety Code is amended to read:
25218.3. (a) The department may authorize any household hazardous
waste collection facility to accept hazardous waste from
conditionally exempt small quantity generators.
(b) A household hazardous waste collection facility which
that is authorized to accept hazardous waste
from CESQGs pursuant to subdivision (a) shall not accept more than
100 kilograms of hazardous waste, or 1 kilogram of
extremely hazardous waste, or 1000 kilograms of recyclable latex
paint from any one CESQG in a calendar month.
(c) A public agency, or its contractor, that accepts hazardous
waste from CESQGs pursuant to this section may charge the CESQGs a
fee for the cost incurred in handling their hazardous waste.
(d) The department may adopt and revise regulations for household
hazardous waste collection facilities, including those which are
authorized to accept hazardous waste from CESQGs. The regulations
shall provide for all of the following:
(1) Promoting the reduction, reclamation, and recycling of
hazardous waste over other hazardous waste management alternatives.
(2) Ensuring the safe transport of household hazardous waste and
hazardous waste to authorized collection programs.
(3) Ensuring the compliance of participating CESQGs with the
monthly quantity limitations specified in Section 261.5 of Title 40
of the Code of Federal Regulations.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 48652 of the Public
Resources Code is amended to read:
48652. (a) Except as provided in subdivision (d), the department
shall set the recycling incentive at not less than ten cents ($0.10)
per quart. The department may set the amount at an amount higher than
ten cents ($0.10) if the department determines that a higher amount
is necessary to promote the collection and recycling of used
lubricating oil and sufficient funds are available in the fund.
(b) On and after January 1, 2014, the department shall set the
rerefining incentive at not less than two cents ($0.02) per gallon.
On and after January 1, 2015, the department may set the rerefining
incentive at a higher amount if the department determines that a
higher amount is necessary to promote rerefined oil and sufficient
funds are available in the fund.
(c) The department shall not change the amount of an incentive
paid pursuant to this section until at least one year has passed
since the amount was last set. The amount of an incentive paid by the
department shall remain at the previous amount for one month after
setting the incentive at a different amount. The department shall not
raise the amount of an incentive paid unless it finds that the raise
will not adversely affect funding required pursuant to Sections
48631, 48653, and 48660.5.
(d) The department shall set the recycling incentive for used
lubricating oil generated by a certified used oil collection center
and an industrial generator at not less than four cents ($0.04) per
quart. The department may set the amount higher than four cents
($0.04) if the department determines that a higher amount is
necessary to promote the collection and recycling of used lubricating
oil from these generators and sufficient funds are available.
(e) For purposes of this section, "department" means the
Department of Resources Recycling and Recovery.