Amended in Assembly January 21, 2016

Amended in Assembly April 30, 2015

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 addbegin insert and repealend insert Article 3.4 (commencing with Section 47120)begin delete toend deletebegin insert ofend insert 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.

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This bill would require each jurisdiction that provides for the residential collection and disposal of solid waste to increase the collection and diversion of household hazardous waste in its service area, on or before July 1, 2020, by 15% 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.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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This bill would require the department to adopt one or more model ordinances for a comprehensive program for the collection of household hazardous waste and would authorize a local jurisdiction that provides for the residential collection and disposal of solid waste that proposes to enact an ordinance governing the collection and diversion of household hazardous waste to adopt one of the model ordinances adopted by the department. The bill would require the department to determine whether a nonprofit organization has been created and funded to make grants to local jurisdictions for specified purposes relating to household hazardous waste disposal and would specify that if the department does not determine that such a nonprofit organization exists by December 31, 2018, then the bill’s provisions would be repealed on January 1, 2019.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P2    1

SECTION 1.  

begin delete(a)end deletebegin deleteend deleteThe Legislature finds and declares all of the
2following:

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3 3(1)

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4begin insert(a)end insert Household hazardous waste is creating environmental,
5health, and workplace safety issues. Whether due to unused
6pharmaceuticals, batteries, medical devices, or other disposable
P3    1consumer items, effective and efficient disposal remains an
2extraordinary challenge.

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8 3(2)

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4begin insert(b)end insert State and local efforts to address disposal of these items
5have been well intended and, in some cases, effective. However,
6even the most effective programs have very low consumer
7participation. Other approaches being promoted throughout the
8state would fragment the collection of household hazardous waste
9and move collection away from consumer convenience.

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14 10(3)

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11begin insert(c)end insert In addition to other programs for the collection of household
12hazardous waste, a number of cities in California are already using
13curbside household hazardous waste collection programs,
14door-to-door household hazardous waste collection programs, and
15household hazardous waste residential pickup services as
16mechanisms for collecting and disposing of many commonly used
17household items for which disposal has been the subject of state
18legislationbegin delete orend deletebegin insert andend insert local ordinances. The waste disposal companies
19and local governments that have implemented these programs have
20found them to be valuable components of a comprehensive
21approach to the management of household hazardous waste.

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3 22(4)

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23begin insert(d)end insert There is also an appropriate role for manufacturers and
24distributors of these products in comprehensive efforts to more
25effectively manage household hazardous waste. That role should
26be based on the ability of manufacturers and distributors to
27communicate with consumers.

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28(b) It is the intent of the Legislature to enact legislation that
29would establish curbside household hazardous waste collection
30programs, door-to-door household hazardous waste collection
31programs, and household hazardous waste residential pickup
32services as the principal means of collecting household hazardous
33waste and diverting it from California’s landfills and waterways.

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34

SEC. 2.  

Article 3.4 (commencing with Section 47120) is added
35to Chapter 1 of Part 7 of Division 30 of the Public Resources Code,
36to read:

 

P4    1Article 3.4.  Household Hazardous Waste Collection and
2Reduction
3

 

4

47120.  

For purposes of this article, the following terms have
5the following meanings:

6(a) “Comprehensive program for the collection of household
7hazardous waste” means a local program that may include, but is
8not limited to, the following components:

9(1) Utilization of locally sponsored collection sites.

10(2) Scheduled and publicly advertisedbegin delete drop offend deletebegin insert drop-offend insert days.

11(3) Door-to-door collection programs.

12(4) Mobile collection programs.

13(5) Dissemination of information about how consumers should
14dispose of the various types of household hazardous waste.

15(6) Education programs to promote consumer understanding
16and use of the local components of a comprehensive program.

17(b) “Household hazardous waste” includes, but is not limited
18to, the following:

19(1) Automotive products, including, but not limited to,
20antifreeze, batteries, brake fluid, motor oil, oil filters, fuels, wax,
21and polish.

22(2) Garden chemicals, including, but not limited to, fertilizers,
23herbicides, insect sprays, pesticides, and weed killers.

24(3) Household chemicals, including, but not limited to, ammonia,
25cleaners, strippers, and rust removers.

26(4) Paint products, including, but not limited to, paint, caulk,
27glue, stripper, thinner, and wood preservatives and stain.

28(5) Consumer electronics, including, but not limited to,
29televisions, computers, laptops, monitors, keyboards, DVD and
30CD players, VCRs, MP3 players, cell phones, desktop printers,
31scanners, fax machines,begin delete mouses,end deletebegin insert computer mice,end insert microwaves, and
32related cords.

33(6) Swimming pool chemicals, including, but not limited to,
34chlorine tablets and liquids, pool acids, and stabilizers.

35(7) Household batteries. For purposes of this section, “household
36batteries” means batteries that individually weigh two kilograms
37or less of mercury, alkaline, carbon-zinc, or nickel-cadmium, and
38any other batteries typically generated as household waste,
39including, but not limited to, batteries used to provide power for
40consumer electronic and personal goods often found in a household.

P5    1(8) Fluorescent tubes and compactbegin delete florescentend deletebegin insert fluorescentend insert lamps.

2(9) Mercury-containing items, including, but not limited to,
3thermometers, thermostats, and switches.

4(10) Home-generated sharps waste, as defined in Section 117671
5of the Health and Safety Code.

6(11) Home-generated pharmaceutical waste. For purposes of
7this section, “home-generated pharmaceutical waste” means a
8prescription or nonprescription drug, as specified in Section 4022
9or 4025.1 of the Business and Professions Code, that is a waste
10generated by a household or households. “Home-generated
11pharmaceutical waste” shall not include drugs for which producers
12provide a take-back program as a part of a United States Food and
13Drugbegin delete Administration managedend deletebegin insert Administration-managedend insert risk
14evaluation and mitigation strategy pursuant to Section 355-1 of
15Title 21 of the United States Code, or waste generated by a
16business, corporation, limited partnership, or an entity involved
17in a wholesale transaction between a distributor and a retailer.

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18

47121.  

(a) (1) On or before July 1, 2020, each jurisdiction
19shall increase its collection and diversion of household hazardous
20waste in its service area by 15 percent over its baseline amount,
21as established pursuant to subdivision (b).

22(2) Notwithstanding paragraph (1), a jurisdiction that has in
23place or adopts an ordinance implementing a comprehensive
24program for the collection of household hazardous waste shall
25have an additional two years to meet the collection and diversion
26objective in paragraph (1).

27(b) No later than July 1, 2016, each jurisdiction shall inform the
28department of its baseline amount of collection and diversion of
29hazardous waste in accordance with regulations adopted by the
30department. The baseline amount may be expressed in tonnage or
31by the number of households participating, and may focus on
32particular types of household hazardous waste.

33

47122.  

(a) The department shall adopt regulations to implement
34this article.

35(b) The department may adopt a model ordinance for a
36comprehensive program for the collection of household hazardous
37waste to facilitate compliance with this article.

38

47123.  

Commencing July 1, 2020, and annually thereafter,
39each jurisdiction shall report to the department on progress
40achieved in complying with this section. A jurisdiction shall make
P6    1a good faith effort to comply with this section, and the department
2may determine whether a jurisdiction has made a good faith effort
3for purposes of this program. To the maximum extent practicable,
4it is the intent of the Legislature that reporting requirements under
5this section be satisfied by submission of similar reports currently
6required by law.

7

47124.  

This article does not apply to a jurisdiction that does
8not provide for the residential collection and disposal of solid
9waste.

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10

begin insert47121.end insert  

(a) The department, in consultation with affected
11industries and stakeholders, shall adopt one or more model
12ordinances for a comprehensive program for the collection of
13household hazardous waste for adoption by any local jurisdiction
14that provides for the residential collection and disposal of solid
15waste.

16(b) Upon adoption of the model ordinance or ordinances by the
17department, the department shall notify the public by posting the
18model ordinance or ordinances on the department’s Internet Web
19site.

20(c) After the department posts the model ordinance or
21ordinances on its Internet Web site, a local jurisdiction that
22proposes to enact an ordinance governing the collection and
23diversion of household hazardous waste may adopt one of the
24department’s model ordinances.

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25

begin insert47122.end insert  

(a) The department shall determine whether an
26appropriate nonprofit organization has been created and funded
27for the purpose of making grants to local governments to assist
28with both of the following activities:

29(1) Educating residents of communities on the existence of
30household hazardous waste disposal programs and how to use
31them.

32(2) Defraying the cost of components of local government
33household hazardous waste programs.

34(b) In making the determination set forth in subdivision (a), the
35department shall take all of the following into consideration:

36(1) Whether the nonprofit organization has, at the time of the
37determination, a minimum of five million dollars ($5,000,000)
38dedicated to grants to local governments for the purposes set forth
39in subdivision (a).

P7    1(2) Whether the nonprofit organization will have sufficient
2funding to allocate grants to local governments throughout the
3state for five years.

4(3) Whether the composition of the nonprofit’s board of directors
5is sufficiently diverse and experienced to appropriately consider
6grant applications that will positively impact efforts to improve
7disposal of household hazardous waste.

8(4) Whether the nonprofit organization has appropriate criteria
9for considering grant applications.

10(c) Upon making a determination that an appropriate nonprofit
11organization exists as set forth in subdivision (a), the department
12shall post the fact that the department has made this determination
13on the department’s Internet Web site.

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14

begin insert47123.end insert  

This article is applicable only to local jurisdictions that
15provide for the residential collection and disposal of solid waste.

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16

begin insert47124.end insert  

If the department does not make the determination that
17there exists an appropriate nonprofit organization, as specified in
18subdivision (a) of Section 47122, by December 31, 2018, this
19article shall be repealed on January 1, 2019.

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20

SEC. 3.  

No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22a local agency or school district has the authority to levy service
23charges, fees, or assessments sufficient to pay for the program or
24level of service mandated by this act, within the meaning of Section
2517556 of the Government Code.

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