California Senate Bill SB26 Latest Draft

 BILL NUMBER: SB 26AMENDED 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.