AB 1189

Bill Subjects

Abstract

(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires retailers of rechargeable batteries to have in place a system for the acceptance and collection of rechargeable batteries. This bill would require a producer of household batteries or consumer products incorporating a household battery, acting individually or through a household battery stewardship organization, to submit a plan to the department on January 1, 2012, for a used household battery stewardship transition project, containing specified elements, and to implement the plan by April 1, 2012, for an operation of not less than 12 months. A producer or battery stewardship organization would be required to submit a report to the department regarding the final results of the project by May 1, 2013. The bill would also require a producer, acting individually or through a household battery stewardship organization, to implement a used household battery stewardship program, containing specified elements, by April 1, 2013. The bill would allow a registered hazardous waste transporter to elect to submit a transition project or stewardship plan to the department on behalf of one or more producers and would require a hazardous waste transporter making either election to comply with the provisions of the bill applicable to a household battery stewardship organization. A producer or a household battery stewardship organization operating a used household battery stewardship program would be required to provide an annual report to the department and post this information on an Internet Web site. The bill would require a governmental entity that operates a location at which residents may drop off materials for recycling to provide for the collection of used household batteries, by April 1, 2013, and would require a governmental entity that operates a curbside collection program that includes used household batteries to sort those batteries from other collected materials by April 1, 2013, thereby imposing a state-mandated local program by imposing new duties upon local agencies. The bill would authorize a retailer to request a producer or battery stewardship organization implementing a transition project or program to pay the retailer for the cost of cooperating with the plan under certain conditions. The bill would also allow a producer or household battery stewardship organization that implements a transition project or stewardship program and incurs costs in excess of $5,000 in collecting, handling, recycling, or properly disposing of used household batteries to bring a civil action to recover costs and damages against a producer who is not implementing a transition project or program or participating in a household battery stewardship organization. The bill would provide that these provisions would become inoperative on the date that the department submits a report to the Secretary of State that contains a determination that federal law establishes a national program for the collection and recycling of used household batteries or that the requirements of a national transportation law make compliance with the bill physically or economically infeasible. (2) Existing law creates the Department of Resources Recycling and Recovery in the Natural Resources Agency, which succeeds to the duties and authority of the former California Integrated Waste Management Board. Existing law, the Dry Cell Battery Management Act, imposes requirements upon the sale of rechargeable consumer products containing rechargeable batteries and imposes certain labeling requirements upon rechargeable batteries and products containing these batteries. This bill would make conforming changes with regard to the authority of the department in administering the Dry Cell Battery Management Act, and make technical, nonsubstantive changes. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.