Household hazardous waste: vape pens., the official text

An act to amend Sections 25218.8 and 25218.12 of, and to add and repeal Section 25218.6 of, the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL'S DIGEST

Under existing law, the Department of Toxic Substances Control generally regulates the management and handling of hazardous waste and hazardous materials. Existing law authorizes certain entities to operate household hazardous waste collection facilities, as defined, under permits issued by the department. A violation of the hazardous waste control laws is a crime.
This bill would, until January 1, 2029, require the department to evaluate opportunities to increase safety and convenience related to the management and disposal of vape pens confiscated from students by a school, as provided, and identify any recommendations that require future legislative action. The bill would authorize a household hazardous waste collection facility to conduct physical treatment activities involving the disassembly of household hazardous waste to separate batteries, valves, electronic components and other parts containing liquids or gases, including, but not limited to, the disassembly of vape pens, in a manner that does not result in the unauthorized release of hazardous materials.
Existing law authorizes a public agency, or its contractor, to conduct a materials exchange program at a household hazardous waste collection facility to make reusable household hazardous products or materials available to recipients, as a part of its household hazardous waste collection program, if the public agency, or its contractor, complies with specified requirements.
The bill would prohibit a public agency, or its contractor, from including vape pens in a materials exchange program.
Because a violation of these provisions 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.

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

SECTION 1.
Section 25218.6 is added to the Health and Safety Code, to read:
25218.6.
(a) The department shall evaluate opportunities to increase safety and convenience related to the management and disposal of vape pens confiscated from students by a school. The evaluation shall ensure consistency with the federal Resource Conservation and Recovery Act and may include, but need not be limited to, the potential designation of confiscated vape pens as universal wastes. The department shall identify any recommendations that require future legislative action.
(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

SEC. 2.
Section 25218.8 of the Health and Safety Code is amended to read:
25218.8.
(a) Except as provided in subdivision (b), a hazardous waste facilities permit shall be obtained for the operation of a household hazardous waste collection facility.
(b) A hazardous waste facilities permit is not required for the operation of a recycle-only household hazardous waste collection facility if all of the following conditions are met:
(1) The facility accepts only the following recyclable household hazardous waste materials for subsequent transport to an authorized recycling facility:
(A) Latex paint.
(B) Used oil.
(C) Used oil filters.
(D) Antifreeze.
(E) Spent lead-acid batteries.
(F) Household hazardous waste that is designated as a universal waste pursuant to this chapter or the regulations adopted by the department.
(G) Oil-based paint accepted pursuant to the requirements in Section 25217.2.1.
(2) No hazardous wastes or other materials are handled at the facility other than the materials specified in paragraph (1).
(3) The materials are transported to the collection facility by either of the following:
(A) The person who generated the material.
(i) Another person may transport the waste to the household hazardous waste collection facility on behalf of an individual who generated the waste, provided the individual who generated the waste is unable or unavailable to transport the waste, for reasons, including, but not limited to, death, illness, or disability.
(ii) The person transporting waste on behalf of an individual pursuant to clause (i) shall provide a certification or signed statement to the household hazardous waste collection facility at the time of delivery attesting to the circumstances under which the person is delivering the other person’s waste. The person shall also verify that the person is not receiving compensation for their services, and is not employed by an organization, whether for profit or not for profit, that provides a household hazardous waste transportation service.
(iii) A person transporting waste on behalf of an individual pursuant to clause (i) is subject to the same transportation limits that otherwise apply to the household.
(B) The authorized curbside household hazardous waste collection program or other household hazardous waste programs and sources, including load checking sources.
(4) The materials transported to the facility are transported in accordance with Section 25218.5.
(5) The materials collected are not stored at the facility for more than 180 days, except that less than one ton of spent lead-acid batteries may be stored at the facility for up to one year. More than one ton of spent lead-acid batteries shall not be stored at the facility for more than 180 days.
(6) The materials collected are managed in accordance with the hazardous waste labeling, containerization, emergency response, and personnel training requirements of this chapter.
(7) The facility is in compliance with Section 25218.2.
(c) A household hazardous waste collection facility may conduct physical treatment activities involving the disassembly of household hazardous waste to separate batteries, valves, electronic components, and other parts containing liquids or gases, including, but not limited to, the disassembly of vape pens, in a manner that does not result in the unauthorized release of hazardous materials.

SEC. 3.
Section 25218.12 of the Health and Safety Code is amended to read:
25218.12.
(a) A public agency, or its contractor, may conduct a materials exchange program as a part of its household hazardous waste collection program if the public agency, or its contractor, does all of the following:
(1) Determines which reusable household hazardous products or materials are suitable and acceptable for distribution to a recipient in accordance with a quality assurance plan prepared by the public agency, or its contractor.
(2) Instructs a recipient to use the product or material in a manner consistent with the instructions on the label.
(b) If a recipient that is a commercial entity intends to distribute a reusable household hazardous product or material to another recipient or end user, the public agency, or its contractor, shall do all of the following:
(1) Require the commercial entity to provide the following information, with a signed statement certifying the accuracy of the information under penalty of perjury:
(A) The commercial entity’s legal name, address, and telephone number.
(B) Documentation supporting that the commercial entity has a known market or markets, or disposition, for any products or materials received, and a detailed description of that known market or markets, or disposition.
(C) A declaration that the commercial entity intends to distribute the reusable household hazardous product or material for its originally intended purpose.
(D) An explanation of how the commercial entity intends to dispose of any household hazardous products or materials it receives that remain unused.
(2) Require the commercial entity to provide the public agency with an annual report, by September 1 of each year, for the period between July 1 of the prior year and June 30 of the current year, that provides a detailed accounting for the products or materials it received. The detailed accounting shall include a list of recipients or end users to whom the commercial entity distributed a product or material, the amount and type of product or material distributed to the recipient or end user, the amount and type of product or material that is awaiting distribution, and the amount, type, and disposition of any product or material that the commercial entity was unable to sell or donate.
(3) Immediately discontinue providing reusable household hazardous products or materials to the commercial entity if the commercial entity cannot verify its compliance with paragraph (1) or (2).
(c) If the recipient of a reusable 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 2.5 (commencing with Section 6360) of Part 1 of Division 5 of the Labor Code).
(d) A recipient of a reusable household hazardous product or material shall do all of the following:
(1) Use the reusable household hazardous product or material in conformance with its label, and use appropriate personal protection.
(2) Manage unused reusable household hazardous products or materials as hazardous waste, as required by applicable California law, or as required by any applicable law in the state in which the product or material is discarded.
(e) Transportation of a reusable household hazardous product or material by a public agency, or its contractor, or by a recipient, shall be in compliance with all applicable shipping requirements of the United States Department of Transportation.
(f) A public agency, or its contractor, shall not include vape pens in a materials exchange program.

SEC. 4.
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.