BILL NUMBER: SB 589 AMENDED
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Lowenthal
(Coauthor: Assembly Member Allen)
FEBRUARY 17, 2011
An act to amend Section 42885.5 of the Public Resources
Code, relating to solid waste. An act to amend Section
25218.8 of the Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 589, as amended, Lowenthal. Solid waste: tire
recycling. Household hazardous waste.
Existing law requires hazardous waste facilities to operate under
hazardous waste facilities permits issued by the Department of Toxic
Substances Control and exempts from this requirement a recycle-only
household hazardous waste collection facility if the facility meets
certain requirements, including that the public agency, or its
contractor, that intends to operate a household hazardous waste
collection facility, submit a certification regarding the operation
of the facility to the certified unified program agency (CUPA).
This bill would allow, as an alternative to that requirement, that
the facility accept only universal waste, as defined, and that this
waste be managed pursuant to specified regulations.
The California Tire Recycling Act imposes a California tire fee on
a new tire purchased in the state and the revenue generated from the
fee is deposited in the California Tire Recycling Management Fund
for expenditure, upon appropriation by the Legislature, by the
Department of Resources Recycling and Recovery. The department is
required to expend these funds in a manner consistent with the 5-year
plan that the department is required to adopt and update biennially,
to establish goals and priorities for the waste tire program.
This bill would require the 5-year plan to reflect the priorities
for waste reduction and recycling specified in the California
Integrated Waste Management Act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25218.8 of the
Health and Safety Code is amended to read:
25218.8. (a) Except as provided in subdivision (b), a hazardous
waste facilities permit shall be obtained for the operation of a
household hazardous waste collection facility.
(b) A hazardous waste facilities permit is not required for the
operation of a recycle-only household hazardous waste collection
facility if all of the following conditions are met:
(1) The facility accepts only the following recyclable household
hazardous waste materials for subsequent transport to an authorized
(A) Latex paint.
(B) Used oil.
(C) Used oil filters.
(E) Spent lead-acid batteries.
(F) Nickel-cadmium, alkaline, carbon-zinc, or other small
batteries, if the facility is in compliance with Section 25216.1.
(G) Intact spent fluorescent lamps.
(H) Intact spent high intensity discharge (HID) lamps.
(2) No hazardous wastes or other materials are handled at the
facility other than the materials specified in paragraph (1).
(3) The materials are transported to the collection facility by
either of the following:
(A) The person who generated the material.
(B) The authorized curbside household hazardous waste collection
(4) The materials transported to the facility are transported in
accordance with Section 25218.5.
(5) The materials collected are not stored at the facility for
more than 180 days, except that less than one ton of spent lead-acid
batteries may be stored at the facility for up to one year. More than
one ton of spent lead-acid batteries shall not be stored at the
facility for more than 180 days.
(6) The materials collected are managed in accordance with the
hazardous waste labeling, containerization, emergency response, and
personnel training requirements of this chapter.
(7) The facility is in compliance meets
either of the following conditions:
(A) The facility is in compliance
with Section 25218.2.
(B) The facility accepts only universal waste, as defined in
Section 66291.9 of Title 22 of the California Code of Regulations,
and this waste is managed pursuant to Chapter 23 (commencing with
Section 66273.1) of Division 4.5 of Title 22 of the California Code
SECTION 1. Section 42885.5 of the Public
Resources Code is amended to read:
42885.5. (a) The department shall adopt a five-year plan, which
shall be updated every two years, to establish goals and priorities
for the waste tire program and each program element. The five-year
plan shall reflect the priorities for waste reduction and recycling
specified in Section 40051.
(b) On or before July 1, 2001, and every two years thereafter, the
department shall submit the adopted five-year plan to the
appropriate policy and fiscal committees of the Legislature. The
department shall include in the plan, programmatic and fiscal issues
including, but not limited to, the hierarchy used by the department
to maximize productive uses of waste and used tires, and the
performance objectives and measurement criteria used by the
department to evaluate the success of its waste and used tire
recycling program. Additionally, the plan shall describe each program
element's effectiveness, based upon performance measures developed
by the department, including, but not limited to, the following:
(1) Enforcement and regulations relating to the storage of waste
and used tires.
(2) Cleanup, abatement, or other remedial action related to waste
tire stockpiles throughout the state.
(3) Research directed at promoting and developing alternatives to
the landfill disposal of waste tires.
(4) Market development and new technology activities for used
tires and waste tires.
(5) The waste and used tire hauler program and manifest system.
(6) A description of the grants, loans, contracts, and other
expenditures proposed to be made by the department under the tire
(7) Border region activities, conducted in coordination with the
California Environmental Protection Agency, including, but not
limited to, all of the following:
(A) Training programs to assist Mexican waste and used tire
haulers to meet the requirements for hauling those tires in
(B) Environmental education training.
(C) Development of a waste tire abatement plan, with the
appropriate government entities of California and Mexico.
(D) Tracking both the legal and illegal waste and used tire flow
across the border and recommended revisions to the waste tire
policies of California and Mexico.
(E) Coordination with businesses operating in the border region
and with Mexico, with regard to applying the same environmental and
control requirements throughout the border region.
(F) Development of projects in Mexico in the California-Mexico
border region, as defined by the La Paz Agreement, that include, but
are not limited to, education, infrastructure, mitigation, cleanup,
prevention, reuse, and recycling projects, that address the movement
of used tires from California to Mexico that are eventually disposed
of in California.
(c) The department shall base the budget for the California Tire
Recycling Act and program funding on the plan.
(d) The plan may not propose financial or other support that
promotes, or provides for research for, the incineration of tires.