(1) 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.
Existing law requires hazardous waste transported to a household hazardous waste collection facility to be transported by specified entities, and imposes conditions on the transport of hazardous waste to a household hazardous waste collection facility, including, among others, that the hazardous waste transported not exceed certain volume and weight requirements and that the hazardous waste be transported in closed containers. Existing law defines "household hazardous waste" to mean hazardous waste generated incidental to owning or maintaining a place of residence, and to not include waste generated in the course of operating a business concern at a residence.
Under this bill, a vape pen confiscated by a school as contraband is presumed to have been generated by a household and does not lose its status as household hazardous waste when properly managed and disposed of at a household hazardous waste collection facility or through a household hazardous waste collection program. The bill would impose the above-described conditions relating to the transport of hazardous waste on a school, as defined, or its contractor, transporting confiscated vape pens to a household hazardous waste collection facility. 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. The bill would make related conforming changes.
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.
(2) Existing law requires the Department of Toxic Substances Control to establish an identification number certification system to annually verify the accuracy of information related to generators, transporters, and facilities authorized to treat, store, or dispose of hazardous waste. Existing law requires each entity issued an identification number to provide or verify specified information upon request, including, among others, contact information and information relating to the entity's hazardous waste activities.
Existing law, the California Integrated Waste Management Act of 1989, requires the Department of Resources Recycling and Recovery, in consultation with the Department of Toxic Substances Control, to prepare guidelines and a state policy to guide the efforts of local agencies to provide household hazardous waste collection, recycling, and disposal programs. Existing regulations require a public agency that is responsible for household hazardous waste management to annually submit to the Department of Resources Recycling and Recovery a specified form containing contact information, program information, and information relating to material collection and disposition.
This bill would require the Department of Toxic Substances Control and the Department of Resources Recycling and Recovery to jointly develop a consolidated reporting document for household hazardous waste collection facilities to use to submit a single annual report to both departments to comply with the reporting requirements described above.
(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 no reimbursement is required by this act for a specified reason.

Statutes affected:
AB 998: 25160.8 HSC, 25217 HSC, 25217.2 HSC, 25218.1 HSC, 25218.5 HSC, 25218.8 HSC, 25218.12 HSC
02/20/25 - Introduced: 25160.8 HSC, 25217 HSC, 25217.2 HSC, 25218.1 HSC, 25218.5 HSC, 25218.8 HSC, 25218.12 HSC
04/10/25 - Amended Assembly: 25160.8 HSC, 25205.16 HSC, 25205.16 HSC, 25217 HSC, 25217.2 HSC, 25218.1 HSC, 25218.5 HSC, 25218.8 HSC, 25218.12 HSC