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AB-2660 Hazardous waste: surplus household consumer products.(2017-2018)

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Date Published: 05/21/2018 02:00 PM
AB2660:v97#DOCUMENT

Amended  IN  Senate  May 21, 2018
Amended  IN  Assembly  March 13, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2660


Introduced by Assembly Member Quirk

February 15, 2018


An act to add Article 11.2 (commencing with Section 25230) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 2660, as amended, Quirk. Hazardous waste: surplus household consumer products.
Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Department of Toxic Substances Control, to develop and implement a public information program to provide uniform and consistent information on the proper disposal of hazardous substances found in and around homes. Existing law provides for regulation of the disposition of hazardous waste by the Department of Toxic Substances Control. Existing law requires the Department of Toxic Substances Control to convene a Retail Waste Working Group, as prescribed, to consider and make findings and recommendations relating to requirements for the management of surplus household consumer products, waste reduction opportunities for those products, and waste management requirements, as specified. A violation of the hazardous waste control laws is a crime.
This bill would impose certain requirement requirements on a retailer or manufacturer supplier that transfers or ships from a location in the state a surplus household consumer product, as defined by the bill, to a reverse distributor, as defined. The bill would authorize a reverse distributor to receive a surplus household consumer product to evaluate the a surplus household consumer product for reuse, donation, transfer for credit, and other specified purposes. The bill would authorize a reverse distributor to transfer the product for recycling or disposal only after first evaluating the product for all of the other specified purposes. The bill would provide that a surplus household consumer product transferred or shipped to a reverse distributor is not a waste and that the retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor is not required to make a waste determination for that surplus household consumer product. while it is being processed at, stored at, or shipped to a reverse distributor for evaluation, shipped from a reverse distributor, or while it is being shipped, or stored prior to shipment, by a retailer or supplier. The bill would provide that a surplus household consumer product is not a waste until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product. commencing at the time that it is discarded by the reverse distributor or supplier that last possessed it. The bill would authorize a retailer or distributor that does not transfer or ship a surplus household consumer product to a reverse distributor for evaluation to instead manage that product in accordance with the requirements governing the applicable waste category for that product. By creating a new crime, this bill would impose a state-mandated local program.
The bill would require the Department of Toxic Substances Control to reconvene the Retail Waste Working Group at a date determined by the Department of Toxic Substances Control for the purpose of evaluating whether the provisions of this bill have resulted in specified outcomes. The bill would require the Department of Toxic Substances Control to provide a report to the Legislature after the Retail Waste Working Group has completed its evaluation.
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   Local Program: YES  

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


SECTION 1.

 Article 11.2 (commencing with Section 25230) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article  11.2. Surplus Household Consumer Products

25230.
 The Legislature finds and declares that this article is intended to augment the that, in order to minimize the generation of consumer product waste and to maximize the number of surplus household consumer products that are managed in accordance with state law, this article provides standards and processes for the management of those products. This article augments established processes for the management of surplus household consumer products that can be safely used, donated, or sold, or transferred to a supplier, that are subject to recall, or for which a retailer may obtain bona fide financial credit or other financial reconciliation, and to maximize the number of surplus household consumer products in the state that are managed in accordance with state law. reconciliation from a supplier.

25231.25230.5.
 For purposes of this article, the following definitions shall apply:
(a) “Household consumer product” means a consumer product packaged for use by a household consumer.
(b) “Retailer” means a person or entity that sells household consumer products, or an agent of the person or entity.

(a)

(c) “Reverse distributor” means a location, or part of a location, where location at which surplus household consumer products are received and evaluated for purposes of any of the following: following purposes:
(1) Selling or arranging for the sale of the products. products, including repairs of electronic products incident to those sales.
(2) Donating or arranging for the donation of the products. products, including repairs of electronic products incident to those donations.
(3) Determining a manufacturer’s, vendor’s, or supplier’s bona fide financial credit or facilitating other repurchase or financial reconciliation for the products.
(4) Transferring the products to a manufacturer, distributor, vendor, or supplier, or the respective agent of each. supplier or to a supplier’s reverse distributor.
(5) Undertaking recalls pursuant to a directive of a manufacturer, supplier, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.
(6) Conducting other activities consistent with the purposes of this article that are authorized by the department.
(7) Transferring the products for recycling or disposal, after first evaluating the products for all any of the purposes described in paragraphs (1) to (6), inclusive.
(d) “Supplier” means a person or entity that supplies or distributes household consumer products to retailers, or an agent of the person or entity.

(b)

(e) “Surplus household consumer product” means a household consumer product packaged for personal, family, or household use that is considered surplus to the retailer or supplier in possession of the household consumer product, and that meets all of the following conditions:
(1) The household consumer product meets any of the following conditions:
(A) Has reasonable potential for use.
(B) Whether or not expired, is subject to a contractual agreement providing for the return of the product to the manufacturer, manufacturer’s agent, vendor, or supplier for a bona fide financial credit credit, repurchase, or other financial reconciliation, and or has reasonable potential to qualify for a bona fide financial credit credit, repurchase, or other financial reconciliation.
(C) Whether or not expired, has been recalled pursuant to a directive of a manufacturer, supplier, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.
(2) The household consumer product is not leaking, is packaged and shipped in accordance with applicable state and federal law, and is either (A) packaged in its original packaging or a package in packaging of similar strength and integrity. integrity, or (B) capable of being safely sold without packaging.
(3) The product is not a drug, as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)(1)), that is offered for sale with a prescription.
(4) The household consumer product, if discarded, would be subject to regulation under federal or state law as hazardous waste, or under state law as medical waste.

25232.

A surplus household consumer product is not a waste, as defined in Section 25124, until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product.

25233.

(a)A retailer or manufacturer who transfers or ships a surplus household consumer product from a location in the state to a reverse distributor shall do all of the following:

(1)Package, transfer, and ship the surplus household consumer product in accordance with all applicable state and federal regulations relating to the packaging, transfer, and shipment of consumer products, including applicable reverse logistics requirements.

(2)Maintain, for a period of three years following the date of the shipment, records of each shipment of surplus household consumer products to a reverse distributor that demonstrate that each shipment was received. The documentation may include bills of lading, electronic accounting records, logs, invoices, or other shipping documentation.

(3)Make the records maintained under this section available for inspection by any enforcement agency with jurisdiction within a reasonable period of time upon request.

(4)If the reverse distributor is located outside of California in a state that does not apply California’s definition of “hazardous waste,” as specified in Section 25117, require the reverse distributor, as a condition of receipt of the retailer’s or manufacturer’s surplus household consumer products, to provide, on or before April 1, 2020, and on or before April 1 of each year thereafter, to the retailer or manufacturer the percentage of surplus household consumer products received from all retailer or manufacturer locations in California as to which, in the preceding calendar year, the reverse distributor did each of the following:

(A)Donated.

(B)Sold for salvage or reuse.

(C)Shipped to a vendor or a vendor’s agent.

(D)Disposed of as solid waste, other than disposal as part of a recall.

(E)Disposed of as medical waste, other than disposal as part of a recall.

(F)Disposed of as hazardous waste, other than disposal as part of a recall.

(5)If paragraph (4) applies, prepare, on or before May 1, 2020, for the 2019 calendar year, and on or before May 1 of each year thereafter for the preceding calendar year, a document summarizing the responses received pursuant to paragraph (4) and indicating the number of items of surplus household consumer products that the retailer or manufacturer shipped in the preceding calendar year to each reverse distributor located in a state that does not apply California’s definition of “hazardous waste,” pursuant to Section 25117.

(6)Maintain the documents required pursuant to paragraph (5) for three years.

(b)A surplus household consumer product transferred or shipped to a reverse distributor pursuant to subdivision (a) is not a waste, as defined in Section 25124, and the retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor shall not be required to make a waste determination for that surplus household consumer product.

25231.
 (a) A surplus household consumer product is not a waste, as defined in Section 25124, while it is being processed at, stored at, or shipped to a reverse distributor for the purposes set forth in paragraphs (1) to (6), inclusive, of subdivision (c) of Section 25230.5, while it is being shipped from a reverse distributor pursuant to paragraph (7) of subdivision (c) of Section 25230.5, or while it is being shipped, or stored prior to shipment, by a retailer or supplier.
(b) A surplus household consumer product shall be considered a waste pursuant to this chapter or Part 14 (commencing with Section 117600) of Division 104, as applicable, commencing at the time that it is discarded by the reverse distributor or supplier that last possessed it.

25231.5.
 (a) A retailer or supplier may manage a surplus household consumer product by transferring or shipping that surplus household consumer product to a reverse distributor for a purpose specified in paragraphs (1) to (7), inclusive, of subdivision (c) of Section 25230.5.
(b) (1) A retailer or supplier that manages a surplus household consumer product pursuant to subdivision (a), and consistent with this article, shall be considered in compliance with this chapter if the surplus household consumer product, once discarded, would be regulated under federal or state law as hazardous waste.
(2) A retailer or supplier that manages a surplus household consumer product pursuant to subdivision (a), and consistent with this article, shall be considered in compliance with Part 14 (commencing with Section 117600) of Division 104 if the surplus household consumer product, once discarded, would be regulated under state law as medical waste.
(c) A retailer or supplier that manages a surplus household consumer product pursuant to subdivision (a), and consistent with this article, shall do both of the following:
(1) Establish and maintain a program for maintaining records of surplus household consumer products that it ships from a location it owns or operates to a reverse distributor. The records may include bills of lading, electronic accounting records, logs, invoices, or other shipping or financial documentation, and may be maintained in a central or regional database or at a location of the retailer or supplier. The records kept pursuant to the program shall be maintained for a period of three years following the date of the shipment. Records maintained pursuant to this paragraph may include additional data regarding the surplus household consumer products shipped to or from the location.
(2) Make the records maintained pursuant to paragraph (1) available for inspection by any enforcement agency with jurisdiction within a reasonable period of time following a request to inspect.

25234.25232.
 If a person required to provide retailer or supplier that maintains records under this article asserts that the a record or a portion thereof contains corporate proprietary confidential business information or other information exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or other applicable law, the provisions of Section 25257 shall apply with respect to those records that record as if Section 25257 were in this article.

25232.5.
 (a) The department shall reconvene the Retail Waste Working Group established pursuant to Section 25218.14 at a date determined by the department for the purpose of evaluating the following:
(1) Whether the number of surplus household consumer products that are being managed for the legitimate business purposes set forth in paragraphs (1) to (6), inclusive, of subdivision (c) of Section 25230.5 has increased as a result of this article.
(2) Whether waste generation has decreased as a result of this article.
(3) Whether this article adequately safeguards the environment and public health, including, but not limited to, with respect to the impact of this article on the management of nonprescription drugs.
(b) The department shall gather and analyze data and information that is publicly available, maintained pursuant to subdivision (c) of Section 25231.5, or voluntarily provided by the Retail Waste Working Group’s members or the public. The department shall provide a report to the Legislature, in compliance with Section 9795 of the Government Code, after the Retail Waste Working Group has completed its evaluation pursuant to subdivision (a).

25233.
 A retailer or supplier that does not manage a surplus household consumer product by transferring or shipping that surplus household consumer product to a reverse distributor for a purpose specified in paragraphs (1) to (7), inclusive, of subdivision (c) of Section 25230.5, may instead manage that product in accordance with the requirements governing the applicable waste category for that product. Managing a surplus household consumer product pursuant to this section shall not render any facility of a retailer or supplier subject to permitting requirements pursuant to Section 25200 or Chapter 7 (commencing with Section 118130) of Part 14 of Division 104.

25235.25233.5.
 Nothing in this article is intended to expand the definition of “waste” as set forth in Section 25124. A failure to comply with this article shall be subject to an enforcement action pursuant to Article 8 (commencing with Section 25180), but shall not render any facility a treatment, storage, or disposal facility subject to permitting under Section 25200.

SEC. 2.

 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.