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SB-726 Hazardous waste: public agencies: materials exchange program.(2019-2020)

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Date Published: 02/22/2019 09:00 PM
SB726:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 726


Introduced by Senator Caballero
(Coauthor: Assembly Member Berman)

February 22, 2019


An act to amend Section 25218.12 of the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 726, as introduced, Caballero. Hazardous waste: public agencies: materials exchange program.
Existing law, as part of the hazardous waste control laws, authorizes a public agency or its contractor to operate a household hazardous waste collection facility for the purpose of collecting, handling, treating, storing, recycling, or disposing of household hazardous waste. Existing law authorizes a public agency to conduct a materials exchange program as a part of its household hazardous waste collection program if the public agency determines which reusable household hazardous products or materials are suitable and acceptable for distribution to the public in accordance with a quality assurance plan prepared by the public agency. Existing law requires a public agency to instruct a recipient to use the product in a manner consistent with the instructions on the label. A violation of the hazardous waste control laws is a crime.
This bill would additionally authorize a public agency’s contractor to conduct that materials exchange program and would require the contractor to provide those same instructions to a recipient. Because a violation of this provision would be a crime, 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   Local Program: YES  

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


SECTION 1.

 Section 25218.12 of the Health and Safety Code is amended to read:

25218.12.
 (a) A public agency agency, or its contractor, may conduct a materials exchange program as a part of its household hazardous waste collection program if the public agency determines which reusable household hazardous products or materials are suitable and acceptable for distribution to the public in accordance with a quality assurance plan prepared by the public agency. The public agency agency, or its contractor, shall instruct the a recipient to use the product or materials in a manner consistent with the instructions on the label.
(b) If the recipient of a household hazardous product or material is a business or employer, the recipient shall be responsible for obtaining any written information necessary for compliance with the Hazardous Substances Information and Training Act (Chapter 1 2.5 (commencing with Section 6360) of Part 7 1 of Division 5 of the Labor Code).

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.