Amended in Assembly April 23, 2015

Amended in Assembly April 13, 2015

Amended in Assembly March 19, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 45


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 solidbegin delete waste, on or before an unspecified date,end deletebegin insert wasteend insert to increase the collection and diversion of household hazardous waste in its servicebegin delete areaend deletebegin insert area, on or before July 1, 2020,end insert bybegin delete an unspecified percentageend deletebegin insert 15%end insert 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 comprehensive program for the collection of household hazardous waste 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 no reimbursement is required by this act for a specified reason.

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

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) Household hazardous waste is creating environmental,
4health, and workplace safety issues. Whether due to unused
5pharmaceuticals, batteries, medical devices, or other disposable
6consumer items, effective and efficient disposal remains an
7extraordinary challenge.

8(2) State and local efforts to address disposal of these items
9have been well intended and, in some cases, effective. However,
10even the most effective programs have very low consumer
11participation. Other approaches being promoted throughout the
12state would fragment the collection of household hazardous waste
13and move collection away from consumer convenience.

14(3) In addition to other programs for the collection of household
15hazardous waste, a number of cities in California are already using
16curbside household hazardous waste collection programs,
17door-to-door household hazardous waste collection programs, and
18household hazardous waste residential pickup services as
19mechanisms for collecting and disposing of many commonly used
20household items for which disposal has been the subject of state
21legislation or local ordinances. The waste disposal companies and
22local governments that have implemented these programs have
P3    1found them to be valuable components of a comprehensive
2approach to the management of household hazardous waste.

3(4) There is also an appropriate role for manufacturers and
4distributors of these products in comprehensive efforts to more
5effectively manage household hazardous waste. That role should
6be based on the ability of manufacturers and distributors to
7communicate with consumers.

8(b) It is the intent of the Legislature to enact legislation that
9would establish curbside household hazardous waste collection
10programs, door-to-door household hazardous waste collection
11programs, and household hazardous waste residential pickup
12services as the principal means of collecting household hazardous
13waste and diverting it from California’s landfills and waterways.

14

SEC. 2.  

Article 3.4 (commencing with Section 47120) is added
15to Chapter 1 of Part 7 of Division 30 of the Public Resources Code,
16to read:

17 

18Article 3.4.  Household Hazardous Waste Collection and
19Reduction
20

 

21

47120.  

For purposes of this article, the following terms have
22the following meanings:

23(a) “Comprehensive program for the collection of household
24hazardous waste” means a local program that includes the
25following components:

26(1) Utilization of locally sponsored collection sites.

27(2) Scheduled and publicly advertised drop off days.

28(3) Door-to-door collection programs.

29(4) Mobile collection programs.

30(5) Dissemination of information about how consumers should
31dispose of the various types of household hazardous waste.

32(6) Education programs to promote consumer understanding
33and use of the local components of a comprehensive program.

34(b) “Household hazardous waste” includes, but is not limited
35to, the following:

36(1) Automotive products, including, but not limited to,
37antifreeze, batteries, brake fluid, motor oil, oil filters, fuels, wax,
38and polish.

39(2) Garden chemicals, including, but not limited to, fertilizers,
40herbicides, insect sprays, pesticides, and weed killers.

P4    1(3) Household chemicals, including, but not limited to, ammonia,
2cleaners, strippers, and rust removers.

3(4) Paint products, including, but not limited to, paint, caulk,
4glue, stripper, thinner, and wood preservatives and stain.

5(5) Consumer electronics, including, but not limited to,
6televisions, computers, laptops, monitors, keyboards, DVD and
7CD players, VCRs, MP3 players, cell phones, desktop printers,
8scanners, fax machines, mouses, microwaves, and related cords.

9(6) Swimming pool chemicals, including, but not limited to,
10chlorine tablets and liquids, pool acids, and stabilizers.

11(7) Household batteries. For purposes of this section, “household
12batteries” means batteries that individually weigh two kilograms
13or less of mercury, alkaline, carbon-zinc, or nickel-cadmium, and
14any other batteries typically generated as household waste,
15including, but not limited to, batteries used to provide power for
16consumer electronic and personal goods often found in a household.

17(8) Fluorescent tubes and compact florescent lamps.

18(9) Mercury-containing items, including, but not limited to,
19thermometers, thermostats, and switches.

20(10) Home-generated sharps waste, as defined in Section 117671
21of the Health and Safety Code.

22(11) Home-generated pharmaceutical waste. For purposes of
23this section, “home-generated pharmaceutical waste” means a
24prescription or nonprescription drug, as specified in Section 4022
25or 4025.1 of the Business and Professions Code, that is a waste
26generated by a household or households. “Home-generated
27pharmaceutical waste” shall not include drugs for which producers
28provide a take-back program as a part of a United States Food and
29Drug Administration managed risk evaluation and mitigation
30strategy pursuant to Section 355-1 of Title 21 of the United States
31Code, or waste generated by a business, corporation, limited
32partnership, or an entity involved in a wholesale transaction
33between a distributor and a retailer.

34

47121.  

(a) (1) On or beforebegin delete _____,end deletebegin insert July 1, 2020,end insert each
35jurisdiction shall increase its collection and diversion of household
36hazardous waste in its service area bybegin delete _____end deletebegin insert 15end insert percent over its
37baseline amount, as establishedbegin delete inend deletebegin insert pursuant toend insert subdivision (b).

38(2) Notwithstanding paragraph (1), a jurisdiction that has in
39place or adopts an ordinance implementing a comprehensive
40program for the collection of household hazardous waste shall
P5    1have an additionalbegin delete _____end deletebegin insert 2end insert years to meet the collection and
2diversion objective in paragraph (1).

3(b) No later thanbegin delete _____,end deletebegin insert July 1, 2016,end insert each jurisdiction shall
4inform the department of its baseline amount of collection and
5diversion of hazardous waste in accordance with regulations
6adopted by the department. The baseline amount may be expressed
7in tonnage or by the number of households participating, and may
8 focus on particular types of household hazardous waste.begin delete The
9department shall approve or disapprove of a jurisdiction’s baseline
10amount no later than _____.end delete

11

47122.  

(a) The department shall adopt regulations to implement
12this article.

13(b) The department may adopt a model ordinance for a
14comprehensive program for the collection of household hazardous
15waste to facilitate compliance with this article.

16

47123.  

Commencingbegin delete ____,end deletebegin insert July 1, 2020,end insert and annually
17thereafter, each jurisdiction shall report to the department on
18progress achieved in complying with this section. A jurisdiction
19shall make a good faith effort to comply with this section, and the
20department may determine whether a jurisdiction has made a good
21faith effort for purposes of this program. To the maximum extent
22practicable, it is the intent of the Legislature that reporting
23requirements under this section be satisfied by submission of
24similar reports currently required by law.

25

47124.  

This article does not apply to a jurisdiction that does
26not provide for the residential collection and disposal of solid
27waste.

28

SEC. 3.  

No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30a local agency or school district has the authority to levy service
31charges, fees, or assessments sufficient to pay for the program or
32level of service mandated by this act, within the meaning of Section
3317556 of the Government Code.



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