California 2009-2010 Regular Session Status: Enacted

AB 1343 — Solid waste: architectural paint: recovery program.

Last action — Chaptered by Secretary of State - Chapter 420, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law prohibits the disposal of latex paint in the land or waters of the state and authorizes certain persons to accept latex paint for recycling. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, is required to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient cost-effective manner to conserve water, energy, and other natural resources. This bill would create an architectural paint recovery program that would be enforced by the department. On or before April 1, 2012, a manufacturer or designated stewardship organization would be required to submit to the department an architectural paint stewardship plan to develop and implement a recovery program to reduce the generation of postconsumer paint, promote the reuse of postconsumer architectural paint, and manage the end-of-life of postconsumer architectural paint, in an environmentally sound fashion, including collection, transportation, processing, and disposal. The plan would be required to contain specified elements of an architectural paint stewardship program, including, but not limited to, an architectural paint stewardship assessment, approved by the department, on each container of architectural paint sold in this state. The bill would require the plan to be reviewed and approved by the department within 90 days of receipt. This bill would require, on or before July 1, 2012, or 3 months after a plan is approved by the department, the manufacturer or stewardship organization to implement the architectural paint stewardship program described in the approved plan. The bill would also prohibit a manufacturer or retailer from selling or offering for sale architectural paint to any person in this state, unless the manufacturer is listed on the department's Internet Web site as being in compliance with the bill's requirements. The prohibition would be in effect on the 120th day after a notice listing the manufacturers that are in compliance is posted on the department's Internet Web site and would remain in effect with regard to a noncompliant manufacturer until that manufacturer is listed on the department's Internet Web site or can otherwise demonstrate compliance, as prescribed. This bill would authorize the department to administratively impose civil penalties for violations of the act. The bill would also require a stewardship organization to pay the department annual administrative fees in the amount that is sufficient to cover the department's full costs of administering and enforcing the program. The bill would establish the Paint Recovery Account in the Integrated Waste Management Fund, would require the fees to be deposited in this account, and would require the department to expend those fees, upon appropriation by the Legislature, to cover the department's costs to implement the bill's provisions. The bill would also establish the Paint Recovery Penalty Subaccount in the Integrated Waste Management Fund, would require the penalties collected to be deposited in that subaccount, and would authorize the department to expend those funds, upon appropriation by the Legislature, to cover the department's costs to implement the bill's provisions. The bill would require manufacturers to submit a report to the department by July 1, 2013, and each year thereafter, describing their paint recovery efforts. The bill would provide that certain actions taken pursuant to the program established by the bill do not violate the Cartwright Act or the Unfair Practices Act.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 420, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:45 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 47. Noes 28. Page 6974.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 21. Noes 15. Page 5111.)

  7. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  8. Senate Rule 29.3(b) suspended.

  9. (Ayes 21. Noes 13.)

  10. Re-referred to Com. on RLS.

  11. Ordered to third reading.

  12. (Ayes 21. Noes 13. Page 5089.)

  13. Withdrawn from committee.

  14. In committee: Held under submission.

  15. In committee: Held under submission.

  16. In committee: Placed on Appropriations suspense file.

  17. Read second time, amended, and re-referred to Com. on APPR.

  18. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 8).

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.

  20. Referred to Com. on EQ.

  21. In Senate. Read first time. To Com. on RLS. for assignment.

  22. Read third time, passed, and to Senate. (Ayes 48. Noes 29. Page 1996.)

  23. Read second time. To third reading.

  24. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

  25. In committee: Set, first hearing. Referred to APPR. suspense file.

  26. Re-referred to Com. on APPR.

  27. Read second time and amended.

  28. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 27).

  29. In committee: Hearing postponed by committee.

  30. Referred to Com. on NAT. RES.

  31. Read first time.

  32. From printer. May be heard in committee March 30.

  33. Introduced. To print.

Sponsors

  • Salas · Cosponsor
  • Huffman · Primary
  • Ma · Cosponsor
  • Torlakson · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 4 voted No

Sponsors (1)

  • Huffman

Co-sponsors (3)

  • Salas
  • Ma
  • Torlakson

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

W/O REF. TO FILE AB1343 Huffman By DeSaulnier

Passed 21 Yea · 16 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 191602
Democratic 2000
Republican 0001
Total 211603
% of votes cast 53%40%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Florez — Yea
Cedillo — Yea
Hollingsworth — Nay
Lowenthal — Yea
Cogdill — Nay
Huff — Nay
Leno — Yea
Liu — Yea
McLeod — Nay
Negrete — Nay
Runner — Nay
Alquist — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Nay
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Oropeza — Not Voting
Wiggins — Not Voting
Aanestad — Nay
Ashburn — Nay
Blakeslee — Nay
Harman — Nay
Kehoe — Yea
Wolk — Yea
Wright — Yea
Wyland — Nay
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

AB 1343 HUFFMAN Concurrence in Senate Amendments

Passed 56 Yea · 30 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 522903
Republican 1101
Democratic 3000
Total 563004
% of votes cast 62%33%0%4%
How each member voted (90)
Member Party Vote
Hall — Yea
Anderson — Nay
Conway — Nay
Cook — Nay
Evans — Yea
Fuentes — Yea
Fuller — Nay
Galgiani — Nay
Garrick — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Hayashi — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Knight — Nay
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Norby — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Villines — Nay
Yamada — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Audra — Not Voting
Carter — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Charles — Yea
Beall — Yea
Torres — Not Voting
Adams — Nay
Ammiano — Yea
Bass — Yea
Block — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Tran — Nay
Eng — Yea
Feuer — Yea
DeVore — Nay
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Yea
Corbett — Yea
Hancock — Yea
Leno — Yea
Oropeza — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 1343 HUFFMAN Assembly Third Reading

Passed 57 Yea · 32 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 533003
Democratic 3000
Republican 1200
Total 573203
% of votes cast 62%35%0%3%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
Ammiano — Yea
Beall — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
DeVore — Nay
Bill — Nay
Tom — Nay
Evans — Yea
Feuer — Yea
Fuller — Nay
Furutani — Not Voting
Garrick — Nay
Fletcher — Nay
Audra — Nay
Gilmore — Nay
Duvall — Nay
Anderson — Nay
Bass — Yea
Hall — Yea
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
De — Yea
Leon — Yea
Adams — Nay
Blakeslee — Nay
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Knight — Nay
Ma — Yea
Miller — Nay
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Not Voting
Coto — Yea
Eng — Yea
Davis — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
Fuentes — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Price — Yea
Audra — Nay
Harkey — Nay
Duvall — Nay
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Krekorian — Yea
Miller — Nay
Nielsen — Nay
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

environment
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Frequently asked questions

What does AB 1343 do?
Existing law prohibits the disposal of latex paint in the land or waters of the state and authorizes certain persons to accept latex paint for recycling. The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, is required to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient cost-effective manner to conserve water, energy, and other natural resources. This bill would create an architectural paint recovery program that would be enforced by the department. On or before April 1, 2012, a manufacturer or designated stewardship organization would be required to submit to the department an architectural paint stewardship plan to develop and implement a recovery program to reduce the generation of postconsumer paint, promote the reuse of postconsumer architectural paint, and manage the end-of-life of postconsumer architectural paint, in an environmentally sound fashion, including collection, transportation, processing, and disposal. The plan would be required to contain specified elements of an architectural paint stewardship program, including, but not limited to, an architectural paint stewardship assessment, approved by the department, on each container of architectural paint sold in this state. The bill would require the plan to be reviewed and approved by the department within 90 days of receipt. This bill would require, on or before July 1, 2012, or 3 months after a plan is approved by the department, the manufacturer or stewardship organization to implement the architectural paint stewardship program described in the approved plan. The bill would also prohibit a manufacturer or retailer from selling or offering for sale architectural paint to any person in this state, unless the manufacturer is listed on the department's Internet Web site as being in compliance with the bill's requirements. The prohibition would be in effect on the 120th day after a notice listing the manufacturers that are in compliance is posted on the department's Internet Web site and would remain in effect with regard to a noncompliant manufacturer until that manufacturer is listed on the department's Internet Web site or can otherwise demonstrate compliance, as prescribed. This bill would authorize the department to administratively impose civil penalties for violations of the act. The bill would also require a stewardship organization to pay the department annual administrative fees in the amount that is sufficient to cover the department's full costs of administering and enforcing the program. The bill would establish the Paint Recovery Account in the Integrated Waste Management Fund, would require the fees to be deposited in this account, and would require the department to expend those fees, upon appropriation by the Legislature, to cover the department's costs to implement the bill's provisions. The bill would also establish the Paint Recovery Penalty Subaccount in the Integrated Waste Management Fund, would require the penalties collected to be deposited in that subaccount, and would authorize the department to expend those funds, upon appropriation by the Legislature, to cover the department's costs to implement the bill's provisions. The bill would require manufacturers to submit a report to the department by July 1, 2013, and each year thereafter, describing their paint recovery efforts. The bill would provide that certain actions taken pursuant to the program established by the bill do not violate the Cartwright Act or the Unfair Practices Act.
Who sponsors AB 1343?
AB 1343 is sponsored by Salas, Huffman, Ma, and Torlakson.
What is the current status of AB 1343?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1343?
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