What is extended producer responsibility (EPR)?

Extended Producer Responsibility (EPR), also known as Product Stewardship, is a strategy to place a shared responsibility for end-of-life product management on the producers, and all entities involved in the product chain, instead of the general public; while encouraging product design changes that minimize a negative impact on human health and the environment at every stage of the product's lifecycle. This allows the costs of treatment and disposal to be incorporated into the total cost of a product. It places primary responsibility on the producer, or brand owner, who makes design and marketing decisions. It also creates a setting for markets to emerge that truly reflect the environmental impacts of a product, and to which producers and consumers respond.

Source:  CalRecycle

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CALIFORNIA LEGISLATION

All legislation shown on this page is specific to the state of California.  Click on the year below to see California legislation related to EPR for that year.

 

2020 LEGISLATION

SB 54, California Circular Economy and Plastic Pollution Reduction Act.  Senator Allen (D-Los Angeles).

This bill would enact the California Circular Economy and Plastic Pollution Reduction Act, which establish the policy goal of the state that, by 2030, manufacturers and retailers achieve a 75% reduction of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting.

 

SB 372, Single-use plastic products: extended producer responsibility.  Senator Wieckowski (D-Fremont).

This bill would state the intent of the Legislature to enact legislation that would address extended producer responsibility for single-use plastic products, including collecting waste consisting of those products, the transport and treatment of those products, the costs of litter cleanup, and awareness-raising measures.

  • Current status:

    • This is a two-year bill.

    • Referred to Committee on Rules on 2/28/19; no hearing set.

 

SB 424, Tobacco products: single-use and multi-use components (Tobacco Waste).  Senator Jackson (D-Santa Barbara).  Sponsored by NSAC.

This bill would prohibit a person or entity from selling, giving, or furnishing to another person of any age in this state a cigarette utilizing a single-use filter made of any material, an attachable and single-use plastic device meant to facilitate manual manipulation or filtration of a tobacco product, and a single-use electronic cigarette or vaporizer device.  This bill would also prohibit that selling, giving, or furnishing, whether conducted directly or indirectly through an in-person transaction, or by means of any public or private method of shipment or delivery to an address in this state.

SB 574, Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2019. Senator Leyva (D-Chino).

This bill would require a manufacturer of a cosmetic product sold in the state to disclose to the Division of Environmental and Occupational Disease Control a list of each fragrance ingredient or flavor ingredient that is included on a designated list. The bill would require the division to post on its existing database of cosmetic product information a list of those fragrance ingredients and flavor ingredients in the cosmetic product and its associated health hazards. 

AB 142, Lead-acid batteries . Assembly Member C. Garcia (D- Downey).

This bill would, on and after April 1, 2022, increase the amount of the manufacturer battery fee to $2 and would provide that the fee would continue indefinitely. The bill would authorize a person who manufactures a lead-acid battery to pay the manufacturer battery fee on behalf of the importer. The act creates in the State Treasury the Lead-Acid Battery Cleanup Fund and requires that the fees collected pursuant to the act be deposited into the fund, and provides that moneys in the fund are available upon appropriation for specified activities.

AB 804, Medical waste: sharps waste.  Assembly Member Ting (D-San Francisco).

This bill would provide that a pharmaceutical manufacturer is not required to submit or post that annual plan if the devices it uses for the injection of that medication are covered products, including home-generated sharps waste, pursuant to the provisions establishing the above-mentioned stewardship program.

AB 1080, California Circular Economy and Plastic Pollution Reduction Act.  Assembly Members Gonzalez, Calderon, Friedman, and Ting.

This bill would enact the California Circular Economy and Plastic Pollution Reduction Act, which establish the policy goal of the state that, by 2030, manufacturers and retailers achieve a 75% reduction of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting.

AB 1171, Solid waste: food packaging material: local regulation.  Assembly Member Chen (D-Brea).

This bill would prohibit a city, county, city and county, or other local public agency from requiring a grocery store, as defined, to use a certain type of food packaging for any food sold in the grocery store unless the majority of residential households within the jurisdiction of the local agency have access to a curbside program that accepts the material from which that food packaging is made. The bill would prohibit those local agencies from prohibiting a grocery store from using a certain type of food packaging for any food sold in the grocery store if a majority of residential households within the jurisdiction of the local agency have access to a curbside program that accepts the material from which that food packaging is made. The bill would require a local agency, if it requires a grocery store to use a certain type of food packaging, to identify the type of food packaging using standardized specifications, active at the time of the enactment of the requirement, from an established national or international organization, as provided.

 

AB 1509, Lithium Ion Batteries.  Assembly Member Mullin (D-San Mateo).  Co-sponsored by CPSCSBWMA, and CAW.

This bill would establish the lithium-ion battery recycling program in CalRecycle and would authorize a retailer to achieve the recycling rates for covered battery-embedded products through a take-back program or other specified mechanism.

 

AB 1672, Solid Waste:  Flushable Products.  Assembly Member Bloom (D-Santa Monica).

This bill would, among other things, prohibit a covered entity, as defined, from labeling a covered product as safe to flush, safe for sewer systems, or safe for septic systems, unless the product is a flushable wipe that meets certain performance standards. The bill would require nonflushable products to be labeled clearly and conspicuously to communicate that they should not be flushed, as specified. This bill would authorize and establish enforcement provisions, including civil penalties not to exceed $2,500 per violation to be imposed on a person who violates the bill's provisions.

 

2019 LEGISLATION

SB 574, Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2019. Senator Leyva (D-Chino).

This bill would require a manufacturer of a cosmetic product sold in the state to disclose to the Division of Environmental and Occupational Disease Control a list of each fragrance ingredient or flavor ingredient that is included on a designated list. The bill would require the division to post on its existing database of cosmetic product information a list of those fragrance ingredients and flavor ingredients in the cosmetic product and its associated health hazards. 

SB 726, Hazardous waste: public agencies: materials exchange program.  Senator Caballero (D-Salinas).  Sponsored by NSAC. SIGNED INTO LAW 10/2/19.

This bill would authorize a public agency to conduct a materials exchange program and would require the contractor to provide those same instructions to a recipient; it would also authorize the operation of a hazardous waste collection facility for the additional purpose of accepting reusable household products or materials and providing those products or materials to recipients.

AB 187, Used Mattress Recovery and Recycling Act:  Budget.  Assembly Member Garcia (D-Cerritos). SIGNED INTO LAW 10/9/19

This bill would revise and recast provisions of the act, including requiring the organization to review the plan and determine whether amendments to the plan are necessary every 5 years. The bill would require the organization to include additional specified information and goals in the plan, the budget, and the annual reports, and would require the advisory committee to prepare written recommendations for the organization. The bill would prohibit, commencing with the 2027–28 fiscal year, the organization’s financial reserve from exceeding 60% of its annual operating expenses, except as specified. The bill would also require the department to establish a process and schedule for an orderly transition of responsibility from a decertified mattress recycling organization to a successor organization, as specified

  • CPSC Coalition Letter to the GovernorContact Joanne@calpsc.org to join the letter of support

  • Current status:

    • Passed from the the Assembly floor on 9/11/19 with a 79-0 vote. 

    • Amended 8/30/19 due to the advocacy of the mattress stewardship program operator MRC, to allow them to use CA consumer fee money to sue the State of California if they do not like the oversight regulations.  This provision was strongly opposed by CPSC and NSAC and NSAC passed legislation in 2017 preventing the carpet industry from doing the same.

AB 729, Carpet recycling: carpet stewardship organizations: succession: procedure.  Assembly Member Chu (D-San Jose).  Sponsored by NSAC. SIGNED INTO LAW 10/9/19

This bill would require a carpet stewardship organization to include in the carpet stewardship plan a contingency plan should the carpet stewardship plan expire without approval of a new carpet stewardship plan or should the carpet stewardship plan be revoked. The bill would require a carpet stewardship organization to set up a trust fund or an escrow account, into which the bill would require the organization to deposit unexpended funds and ongoing consumer assessments, for use in the event that the carpet stewardship plan terminates or is revoked. This bill would repeal certain provisions relating to the carpet stewardship assessment and would replace the assessment with differential assessments that take into account the financial burden that a particular carpet material has on the stewardship program, as prescribed.

 

2018 LEGISLATION

SB 212, Senator Hannah-Beth Jackson (D-Santa Barbara) Solid waste: pharmaceutical and sharps waste stewardship. –Signed by Governor on 9/30/18

On August 29, 2018 it was heard in the Assembly Committee on Appropriations and passed with a 14-1 vote with two votes not recorded. On August 31, 2018 SB 212 passed the Assembly Floor with a 72-5 vote with three votes not recorded, the Senate Environmental Quality Committee with a 7-0 vote, and the Senate Floor with a 39-0 with one vote not recorded.

SB 168, Senator Wieckowski (D- Fremont) Recycling: beverage containers – Failed on Assembly floor 8/31/18. 

This bill requires CalRecycle, on or before January 1, 2023, to establish minimum content standards for beverage containers, and on or by January 1, 2020 provide to the Legislature a report on the establishment and implementation of an extended producer responsibility program to replace the current California beverage container recycling program. Passed from Senate floor on January 29, 2018 with a bi-partisan vote (27-4).

 

AB-2097, Assemblymember Dante Acosta (R- Santa Clarita) Carpet Recycling: Annual Reports – SIgned by Governor on 9/13/18

This bill, introduced on 2/8/18, would change the date by which the annual demonstration and the annual report are required to be completed from July 1 of each year to September 1 of each year. It is an act to amend Sections 42975 and 42976 of the Public Resources Code, relating to carpet recycling. On 2/22/18, the bill was referred to the Committee on Natural resources.

 
 

2017 LEGISLATION

AB 1158, Assembly Member Kansen Chu (D-San Jose) Carpet Recycling – Signed by the Governor on 10/14/17

This bill would create an advisory committee that would be required to make recommendations to manufacturers and carpet stewardship organizations on carpet stewardship plans. The bill would require the Director of Resources Recycling and Recovery, the Speaker of the Assembly, and the Senate Rules Committee to appoint members to the advisory committee, as specified. The bill would require a carpet stewardship plan to include a process by which the manufacturer or carpet stewardship organization receives and subsequently responds, in writing, to plan recommendations from the advisory committee. The bill would require the manufacturer or carpet stewardship organization to submit to the director, in writing, its reasons for rejecting any specific recommendations made by the advisory committee.

 

AB 1158 was heard in the Assembly Committee on Natural Resources on Monday, April 3, 2017 and passed with a 9-0 vote. The bill was amended on May 8, 2017 and re-referred to the Assembly Committee on Appropriations. On May 24, the bill passed out of the Assembly Appropriations Committee with a 16-0 vote, with a no vote recorded for one Assembly Member. The bill passed the Assembly Floor with a 73-2 vote on May 30, 2017.

 

The bill was amended in the Senate on June 21, 2017. Some of the amendment highlights include:

  • Explicit rates and dates for recycling goals

  • Prohibits spending assessment money on incineration

  • Removes references to the Carpet America Recovery Effort (CARE)

 

AB 1158 was heard in the Senate Committee on Environmental Quality on July 5,2017. Watch a video of the hearing here. The bill received a 6-0 vote to pass with no vote recorded for one Senator.

The bill was granted a waiver in the Senate Appropriations Committee on August 28, 2017 as it was deemed to have no or minor and absorbable fiscal impact.

 

AB 1158 was amended on the Senate floor September 8, 2017, and was passed on September 12, 2017 with a 29-10 vote. It was re-referred to the Assembly Committee on Natural Resources and passed with a 6-2 vote. It was heard on the Assembly Floor on September 15, 2017 and passed with a 52-22 vote.

AB 1158 was signed by the Governor and chaptered 10/14/17.

 

AB 444, Assembly Members Phil Ting (D-San Francisco) and Adam Gray (D-Merced) Home-Generated Sharps Waste

This bill would authorize the California Environmental Protection Agency to develop a statewide program for the collection, transportation, and disposal of home-generated medical waste, as defined.

AB 444 heard in the Assembly Committee on Environmental Safety and Toxic Materials (ESTM) on April 25, 2017 and received a 6-0 vote to pass, with a no vote recorded for one Assembly Member. The bill was heard in the Assembly Appropriations Committee on May 26 and received a 17-0 vote to pass. The bill was heard on the Assembly Floor on May 30 and received a 73-0 vote, with no votes recorded for three Assembly Members. It was read in the Senate for the first time on May 30 and referred to the Senate Environmental Quality Committee on June 8.

 

AB 319, Assembly Member Mark Stone (D-Monterey Bay) Single-use Plastic Beverage Container Caps – support

This bill would prohibit a retailer, on and after January 1, 2020, from selling or offering for sale a single-use plastic beverage container with a cap that is not tethered to or contiguously affixed to the beverage container.

AB 319 was referred to the Assembly Committee on Natural Resources on February 21, 2017. The hearing was postponed by the Committee on April 17, 2017.

 

AB 1575, Assembly Member Ash Kalra (D-Monterey Bay) Professional Cosmetics Ingredients Listing – support

This bill would require, on and after January 1, 2019, a manufacturer of a professional cosmetic sold or manufactured in this state to declare the ingredients on the container label by the common or usual name of each ingredient, listed in order of weight.The bill would also require a manufacturer with an Internet Web site to state the internet address on the container label and further require the manufacturer to state the ingredients on its Internet Web site in a specified manner.

 

AB 1575 was amended on March 30, 2017 and referred to the Assembly Committee on Health and the Assembly Committee on Environmental Safety and Toxic Materials (ESTM). The bill was heard in the Health Committee on April 19 and passed with a 10-3 vote. The bill was heard in ESTM on April 26 and passed with a 4-2 vote with no vote recorded for one Assembly Member. The bill was heard in the Assembly Appropriations Committee on May 26 and received an 11-5 vote to pass, with a no vote recorded for one Assembly Member. The bill was heard on the Assembly Floor on June 1 and received a 51-21 vote to pass, with no votes recorded for eight Assembly Members. It was read in the Senate the first time on June 5 and referred to the Senate Environmental Quality Committee and Senate Health Committee on June 14. On July 6 it was amended and received a do pass as amended and re-referred to Senate Health Committee with a 6-0 vote. AB 1575 recevied a do pass and was re-referred to the  Senate Appropriations Committee with a 8-0 vote on July 12. On August 21 it was referred to the Senate Appropriations Committee suspense file and held under submission on September 1, 2017.

 

AB 1594, Assembly Member Richard Bloom (D-Santa Monica) Ocean Protection: Plastic Pollution – support

This bill would require the council, on or before March 1, 2018, to compile existing data identifying the primary sources and types of ocean plastic pollution, as determined by an analysis of beach cleanup efforts in the state, including recommendations to be provided to the Legislature regarding legislative action or other strategies that may be implemented by the state to reduce plastic pollution on state beaches and in ocean waters. The bill would require the council, by the same date, to provide a report to the Legislature on the status of a 2007 council resolution that outlined a 13-point plan of action prevent and reduce marine debris. The bill would also make related legislative findings and declarations regarding the need to prevent and clean up ocean waste, including plastic pollution.

 

AB 1594 was heard in the Assembly Committee on Natural Resources on April 24, 2017 and passed with a 10-0 vote. The bill was heard in the Assembly Appropriations Committee on May 254 and received a 17-0 vote to pass. The bill was heard on the Assembly Floor on May 30 and received a 74-0 vote to pass, with no votes recorded for six Assembly Members. AB 1594 was read in the Senate for the first time on May 30 and  referred to the Senate Rules Committee on June 8. On June 26 it was amended and re-referred to the Senate Rules Committee. It was re-referred to the Senate Environmental Quality Committee on July 6, 2017.

 

SB 212, Senator Hannah-Beth Jackson (D-Santa Barbara) Medical Waste – support

This bill adds to the Medical Waste Management Act a definition of “home-generated pharmaceutical waste” as a prescription or over-the-counter human or veterinary home-generated pharmaceutical that is waste and is derived from a household, including, but not limited to, a multifamily residence or household.

 

SB 212 was heard in the Senate Environmental Quality Committee on March 29, 2017 and passed with a 7-0 vote. The bill was heard on the Senate Floor on April 17, 2017 and passed with a 40-0 vote. The bill was read in the Assembly for the first time on April 18 and referred to the Assembly Committee on Environmental Safety and Toxic Materials on May 18. A hearing date has not been set.

Press:

California Readies for Statewide Extended Producer Responsibility for Pharma Waste, Lexology, 4-4-2019​

 

SB 258, Senator Ricardo Lara (D-Bell Gardens) Cleaning Product Right to Know Act of 2017 – signed by the Governor 10/15/17

This bill would require a manufacturer of a cleaning product, as defined, that is manufactured or sold in the state on or after January 1, 2018, to disclose ingredients contained in and health impact information related to the cleaning product on the product label, post the cleaning product ingredient information on the manufacturer’s Internet Web site, and include specified information on the cleaning product’s label concerning ingredients contained in the cleaning product, including Internet Web sites where more information may be found. The bill would prohibit a manufacturer from manufacturing or selling a cleaning product in the state unless the product complies with these provisions,  require an employer to identify a cleaning product and list the ingredients of the product in the manner described above on any container used in the workplace into which a cleaning product is transferred, and make related legislative findings and declarations.

 

SB 258 was heard in the Senate Committee on Environmental Quality on March 29, 2017 and passed with a 5-2 vote. SB 258 was heard in the Senate Committee on Labor and Industrial Relations on April 26, and passed with a 4-1 vote. The bill was heard in the Senate Appropriations Committee on May 25 and received a 5-2 vote to pass. The bill was heard on the Senate Floor on May 30 and received a 22-15 vote to pass, with no votes recorded for three Senators. On July 5 the bill passed the Assembly Committee on Labor and Employment with a 5-1 vote, with note votes recorded for one Assemblymember. It was heard in the Assembly Committee on Environmental Safety and Toxic Materials on July 11 and received a 4-0 vote to pass, with no votes recorded for three Assemblymembers. SB 258 was heard in the Assembly Committee on Appropriations on August 30 and received a 10-4 vote to pass, with no votes recorded for three Assemblymembers. It passed the Assembly Floor on September 12 and received a 55-15 vote, with no votes recorded for nine Assemblymembers. The Assembly amendments were concurred in the Senate on September 13 and received a 27-13 vote.

 

SB 258 was signed by the Governor and chaptered 10/15/17.

 

GENERAL INFO