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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 CPSC's Mission each legislative session.

2023 Leg

2023 LEGISLATION

 

AB-2, Recycling: solar photovoltaic modules. Assemblymember Ward (D-San Diego). SPONSORED BY CPSC. 

This bill would expand the definition of “covered electronic device” to include a “customer-owned solar PV module,” as defined, thereby expanding the scope of the act to include covered solar photovoltaic (PV) module products, for limited purposes, as provided. The bill would also require, on or before October 1, 2026, and on or before October 1 each year thereafter, CalRecycle to establish a covered solar PV recycling fee based on the reasonable regulatory costs to administer covered electronic waste recycling. The bill would require the charge to be imposed upon a consumer or a service provider serving the consumer for the purchase of a new or refurbished covered solar PV module product. The bill would also require the charge to be adjusted annually based on the California Consumer Price Index. The bill would create the Covered Solar PV Module Recycling Fee Subaccount as a continuously appropriated fund in the Electronic Waste Recovery and Recycling Account. Because the funds deposited to the Covered Solar PV Module Recycling Fee Subaccount would be a new source of funds in the continuously appropriated subaccount within the continuously appropriated Electronic Waste Recovery and Recycling Account, the bill would make an appropriation. By expanding the scope of the act to make it applicable to covered solar PV module products, the bill would expand the scope of a crime, thereby imposing a state-mandated local program.

SB-707, Responsible Textile Recovery Act of 2023. Senator Newman (D-Fullerton). SPONSORED BY CPSC.

This bill would enact the Responsible Textile Recovery Act of 2023, which would require producers, as defined, either independently or through the creation of one or more stewardship organizations, to establish a stewardship program for the collection and recycling of a covered product. The bill would define a “covered product” to include any postconsumer apparel or postconsumer textile article that is unwanted by a consumer, except as specified. The bill would require a program operator, as defined, to submit a complete stewardship plan to the department for review and approval, disapproval, or conditional approval. The bill would require the program operator to review the plan at least every 5 years after approval. The bill would also require a program operator to submit an annual report to the department. The bill would require all reports and records provided to the department to be provided under penalty of perjury. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would restrict public access to certain information collected for the purpose of administering a stewardship program.

SB-560, Solid waste: gas cylinders: stewardship program. Senator Laird (D-Santa Cruz). CPSC LEAD. 

This bill would establish a stewardship program for gas cylinder products, as defined, and would authorize producers of those products to establish one more producer stewardship organizations for that purpose. The bill would require each producer or producer stewardship organization to submit a gas cylinder stewardship plan to the department that details, among other things, convenient and accessible opportunities for the recovery of gas cylinders used by consumers. The bill would prohibit gas cylinder producers that are not participating in a department-approved stewardship plan from supplying, selling, or offering for sale gas cylinders in the state. The bill would impose recordkeeping and reporting requirements on producers and producer stewardship organizations with department-approved stewardship plans and would require those producers to pay all administrative and operational costs associated with establishing and implementing the stewardship plan in which it participates, including the cost of collection, transportation, recycling, and the safe and proper management of recovered gas cylinders. The bill would require the department to set, review, and revise necessary convenience and performance standards and ensure appropriate data metrics for the gas cylinder stewardship program.

  • Current Status:

    • Last amended on 03/22/23. Passed from Com. on E.Q. with 5-0-1 vote on 04/19/23. Passed from Com. on JUD. with 10-0 vote on 04/25/23. 2-Year Bill. Sitting in Appropriations Committee as of 05/18/23.

AB-267, Fire protection: tents: nonflammable materials. Assemblymember Bauer-Kahan (D-San Ramon). CPSC SUPPORT.

This bill would provide that it is unlawful for any person to manufacture, sell, or offer for sale any tent designed and intended for use for occupancy by less than 15 persons unless the tent is made from flame-retardant fabrics, as provided. The bill would, for purposes of this provision, provide that a tent that is constructed with fabric entirely from synthetic fibers shall be classified as being made from flame-retardant fabrics or materials. The bill would delete the requirement that all tents manufactured for sale in this state be flame retardant, as provided.

  • Current Status:

    • Passed from Assembly with 79-0 vote on 04/27/23. Last amended on 07/05/23. Now on Senate Floor, ordered to third reading. Pass from Senate Floor with 40-0 vote and order to Assembly on 09/06/23. Assembly concurred Senate amendments with 79-0 vote on 09/07/23. Presented to the Governor for signature on 09/13/23.

AB-496, Cosmetic safety. Assemblymember Friedman (D-Burbank). CPSC SUPPORT.

Existing law, commencing January 1, 2025, prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any of several specified intentionally added ingredients except under specified circumstances. This bill would, commencing January 1, 2027, expand that prohibition by adding specified banned ingredients.

  • Current Status:

    • Last amended on 03/08/23. Passed from Assembly Floor with 62-0 vote on 03/23/23. Passed from Senate Com. on E.Q. with 6-0 vote on 06/07/23. Passed from Senate Floor with a 38-0 vote on 09/06/23. Presented to the Governor for signature on 09/13/23.

 

AB-592, Vehicles: commercial nonfranchise solid waste haulers: pilot program. Assemblymember Wilson (D-Suisun City). CPSC SUPPORT.

Existing law authorizes local authorities to adopt rules and regulations by ordinance or resolution regarding specified matters, including, among other things, the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority. This bill, until January 1, 2028, would authorize the Counties of Alameda, Contra Costa, and Solano to create a 3-year pilot program to regulate the transport of solid waste by commercial nonfranchise solid waste haulers, as defined, on public roads in unincorporated areas of the county, as provided. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, and Solano.

  • Current Status:

    • Signed into law by the Governor on 09/22/23.

AB-660, Food and beverage products: labeling: quality dates, safety dates, and sell by dates: recycling Assemblymember Irwin (D-Los Angeles). CPSC SUPPORT.

This bill would instead require, on and after January 1, 2025, a food manufacturer, processor, or retailer responsible for the labeling of food items for human consumption that chooses, or is otherwise required by law, to display a date label to communicate a quality or safety date on a food item manufactured on or after January 1, 2025, to use one of the specified terms on the date label, as provided. The bill would prohibit a person from selling or offering for sale in the state a food item for human consumption manufactured on or after January 1, 2025, that displays a quality or safety date label that is not labeled in accordance with these terms. The bill would prohibit a person from selling or offering for sale in the state a food item for human consumption manufactured on or after January 1, 2025, that is labeled with the phrase “sell by,” as specified. 

  • Current Status:

    • Passed from Assembly with 63-16 vote on 05/30/23. Passed from Senate Coms. on HEALTH with 9-0 vote on 06/21/23. Last amended on 08/17/23. Sitting in Senate Com. on AGRI. as of 08/17/23.

AB-727, Product safety: cleaning products and floor sealers or floor finishes: perfluoroalkyl and polyfluoroalkyl substances. Assemblymember Weber (D-La Mesa). CPSC SUPPORT.

This bill, beginning January 1, 2026, would prohibit a person from manufacturing, selling, delivering, distributing, holding, or offering for sale in the state a cleaning product that contains regulated PFAS, as specified. The bill, beginning January 1, 2028, would prohibit a person from manufacturing, selling, delivering, distributing, holding, or offering for sale in the state a floor sealer or floor finish that contains regulated PFAS, as specified. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $10,000 per day for each violation, upon an action brought by the Attorney General, a city or county attorney, a county counsel, city prosecutor, or a district attorney. The bill would exempt treatments containing PFAS for use on converted textiles or leathers, as specified, from these provisions.

  • Current Status:

    • Passed from Assembly with 62-2 vote on 05/15/23. Last amended on 09/08/23. Passed from Senate Floor with 31-5 vote on 09/12/23. Assembly concurred Senate amendments with a 65-11 vote on 09/13/23. Presented to the Governor for signature on 09/20/23.

AB-863, Carpet recycling: carpet stewardship organizations: fines: succession: training. Assemblymember Aguiar-Curry (D-Winters). CPSC SUPPORT.

Existing law authorizes the department to administratively impose civil penalties on any person who is in violation of any provision of the carpet stewardship laws, of up to $5,000 per day or $10,000 per day if the violation is intentional, knowing, or negligent. This bill would amend those penalties to $10,000 per day or $50,000 per day if the violation is intentional, knowing, or reckless. The bill would make a carpet stewardship organization that violates a provision of the carpet stewardship law 3 times ineligible to act as an agent on behalf of manufacturers to design, submit, and administer a carpet stewardship plan and would apply, in that event, the successorship process. This bill would require the department-approved carpet stewardship organization to prioritize the assessments received for carpets sold for use in California on activities to carry out the carpet stewardship plan within California, and make available up to 10% of those assessments for grants to apprenticeship programs for training apprentice and journey-level carpet installers in proper carpet recycling practices, as provided. 

  • Current Status:

    • Passed from Assembly Floor with 63-8 vote on 05/30/23. Passed from Senate Com. on E.Q. with a 5-1 vote on 07/05/23. Last amended on 07/06/23. Sitting in Senate Com. on APPR. as of 09/11/23.

AB-1059, Product safety: consumer products: textile fiberglass and covered flame retardant chemicals.  Assemblymember Friedman (D-Burbank). CPSC SUPPORT.

This bill would, on and after January 1, 2027, prohibit a person from manufacturing, selling, offering, or distributing in commerce in the state any new, not previously owned juvenile product, mattress, or upholstered furniture that contains, or a constituent component of which contains, textile fiberglass. The bill would, on and after January 1, 2027, prohibit a custom upholsterer from repairing, reupholstering, recovering, restoring, or renewing any mattress, juvenile product, upholstered furniture, or reupholstered furniture using a replacement component that contains, or a constituent component of which contains, textile fiberglass. The bill would authorize the bureau to assess a fine against a person who continues to sell or distribute noncompliant products and to take specified other actions in that regard, including posting citations issued on the bureau’s internet website and receiving complaints from consumers.

  • Current Status:

    • Passed from Assembly Floor with 64-14 vote on 05/30/23. Last amended on 09/01/23. Passed from Senate Floor with 35-3 vote on 09/07/23. Assembly concurred Senate amendments with 67-0 vote on 09/11/23. Now in engrossing and enrolling.

AB-1347, Solid waste: paper waste: proofs of purchase. Assemblymember Ting (D-San Francisco). CPSC SUPPORT.

This bill would, on and after January 1, 2026, require a business, as defined, that accepts payment through cash, credit, or debit transactions, subject to certain exceptions, to provide a consumer with the option to receive or not receive a proof of purchase. On and after January 1, 2026, the bill would prohibit a business from printing a paper proof of purchase if the consumer opts to not receive a proof of purchase, unless otherwise required by state or federal law. The bill would also exempt a business from the requirement to provide the consumer with an option to not receive a proof of purchase if a consumer voluntarily opts in to receive a proof of purchase through the rules of an association, warehouse, or other club to which the consumer belongs. The bill would prohibit, on and after January 1, 2024, a paper proof of purchase provided to a consumer by a business from containing bisphenol A, and, on and after January 1, 2025, from containing any bisphenols. The bill would specify that a violation would be punishable by a civil penalty of $100 for each day the business is in violation, but not to exceed an annual total of $3,000. The bill would authorize the Attorney General, a county counsel, a district attorney, or a city attorney to enforce those provisions.

  • Current Status:

    • Passed from Assembly Floor with 49-17 vote on 05/30/23. Passed from Senate Com. on JUD. with a 9-0 vote on 06/27/23. Last amended on 07/12/23. Passed from Senate Com. on E.Q. with a 4-2 vote on 07/12/23. Amended on 07/13/23. Sitting in Senate Com. on APPR. as of 09/01/23.

AB-1423, Product safety: PFAS: artificial turf or synthetic surfaces. Assemblymember Schiavo (D-Santa Clarita). CPSC SUPPORT.

This bill would, commencing January 1, 2024, require a manufacturer or installer of a covered surface, defined as artificial turf or a synthetic surface that resembles grass, proposing to design or install a field with a covered surface for, or sell a field with a covered surface to, any party to notify the party at the earliest possible date if the covered surface contains regulated PFAS, as defined, of that fact. The bill would also prohibit, commencing January 1, 2024, a public entity, including a charter city, charter county, city, or county, any public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive, a public institution of higher education, other than the University of California, or a private institution of higher education from purchasing or installing a covered surface containing regulated PFAS, as provided.

  • Current Status:

    • ​​Passed from the Assembly Floor with 64-9 vote on 05/25/23. Last amended on 09/01/23. Passed Senate Floor with a 35-2 vote and ordered to Assembly on 09/11/23. Assembly concurred Senate amendments with a 64-9 vote on 09/12/23. Presented to the Governor for signature on 09/20/23.

AB-1526, Public resources. Assembly Committee on Natural Resources. CPSC SUPPORT.

The Plastic Pollution Prevention and Packaging Producer Responsibility Act covers certain single-use packaging and plastic single-use food service ware, as provided. This bill would make technical amendments and other revisions to certain components of the act, including the act’s definitions and a PRO’s producer fee schedule. The California Integrated Waste Management Act of 1989 establishes the architectural paint recovery program, under which a manufacturer of architectural paint is required, individually or through a stewardship organization, to submit an architectural paint stewardship plan to the Department of Resources Recycling and Recovery to develop and implement a recovery program to reduce the generation of postconsumer architectural paint, promote the reuse of postconsumer architectural paint, and manage the end of life of postconsumer architectural paint. This bill would, among other things, eliminate the exemption from the program of aerosol spray paint and would provide that architectural paint includes aerosol coating products, as defined.

  • Current Status:

    • Passed from Assembly Floor with 74-0 vote on 05/18/23. Last amended on 09/08/23. Passed from Senate Floor with a 39-0 vote on 09/13/23. Assembly concurred Senate amendments on with a 78-0 vote on 09/13/23. Presented to the Governor for signature on 09/21/23.

AB-1628, Microfiber filtration. Assembly Member McKinnor (D-Inglewood). CPSC SUPPORT.

This bill would require, on and after January 1, 2029, that all new washing machines sold or offered for sale in California for residential or state use contain a microfiber filtration system, as defined, with a mesh size not greater than 100 micrometers, and bear a label with a specified consumer notice, as provided. The bill would provide that a violation of these provisions is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. The bill would also include legislative findings and declarations.

  • Current Status:

    • Passed from the Assembly Floor with 63-14 vote on 05/31/23. Last amended on 09/08/23. Passed Senate Floor with 28-8 vote on 09/12/23. Assembly concurred Senate amendments with a 63-15 vote on 09/13/23. Presented to the Governor for signature on 09/21/23.

AB-1659, Sale of small electronic devices: charging devices. Assembly Member Gabriel (D-Woodland Hills). CPSC SUPPORT.

This bill would prohibit a manufacturer from selling a small electronic device, as defined, for the first time, and first sold in California, on or after January 1, 2026, unless that small electronic device meets certain criteria, including being equipped with a USB Type-C receptacle, as specified. The bill would require a wholesaler or retailer of a small electronic device manufactured on or after January 1, 2026, to offer to make the sale without a charging device, and to display, as specified, certain information depending on the existence and specifications of an included charging device. The bill also would require the wholesaler or retailer to provide a specified purchaser with certain information relating to the wired charging devices that can be used with the small electronic device, as specified.

  • Current Status:

    • Passed from the Assembly Floor with 78-0 vote on 05/31/23. Last amended on 06/28/23. Passed from Senate Com. on B., P. & E. D. with a 9-2 vote on 07/03/23. Passed from the Senate Com. on JUD. with a 10-1 vote on 07/11/23. Sitting in Senate Com. on APPR. as of 09/01/23.

SB-244, Right to Repair Act. Senator Eggman (D-Stockton). CPSC SUPPORT.This bill would enact the Right to Repair Act. The bill would require, except as specified and regardless of whether any express warranty is made, the manufacturer of an above-described electronic or appliance product, in the above-described circumstances, and in those same circumstances but sold to others outside of direct retail sales, to make available, on fair and reasonable terms, to product owners, service and repair facilities, and service dealers, the means, as described, to effect the diagnosis, maintenance, or repair of the product, as provided. The bill would also require a service and repair facility or service dealer that is not an authorized repair provider, as defined, of a manufacturer to provide a written notice of that fact to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product, and to disclose if it uses replacement parts that are used or from a supplier that is not the manufacturer. The bill would also authorize a city, a county, a city and county, or the state to bring an action in superior court to impose civil penalties on a person or entity for violating the Right to Repair Act, as provided.

  • Current Status:

    • Passed from the Senate Floor with 38-0 vote on 05/30/23. Last amended on 09/07/23. Passed Assembly Floor with 65-1 vote on 9/12/23. Senate concurred Assembly amendments with a 39-0 vote on 09/13/23. Presented to the Governor for signature on 09/20/23.

SB-271, Powered wheelchairs: repair. Senator Dodd (D-Napa). CPSC SUPPORT.

This bill would, except as specified, require an original manufacturer of a powered wheelchair, as those terms are defined, to provide documentation, parts, embedded software, firmware, and tools used to inspect, diagnose, maintain, and repair the wheelchair to an owner or an independent repair provider for the purposes of providing service on the equipment in the state, on fair and reasonable terms and costs, as defined. The bill would also require an original manufacturer, for a powered wheelchair that contains an electronic security lock or other security-related function, to provide any documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services, as specified. The bill would require an independent repair provider to provide a written notice to a customer before providing repair services, as specified.

  • Current Status:

    • Passed from the Senate Floor with 38-0 vote on 05/30/23. Last amended on 09/08/23. Passed from the Assembly Floor with 79-0 vote on 09/13/23. Senate concurred Assembly amendments with a 40-0 vote on 09/14/23. Presented to the Governor for signature on 09/21/23.

SB-353, Beverage containers: recycling. Senator Dodd (D-Napa). CPSC SUPPORT.

This bill would expand the application of the California Beverage Container Recycling and Litter Reduction Act to any size container of 100% fruit and any size container of vegetable juice, beginning January 1, 2024. Since the additional payments for the beverage containers that this bill would make subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation. The bill would impose a state-mandated local program by creating new crimes under the act relating to the regulation of beverage containers. This bill would exempt beverage containers of 46 ounces or more of 100% fruit juice and beverage containers of 16 ounces or more of vegetable juice from consideration in calculating the required percentage of postconsumer recycled plastic for a beverage manufacturer until January 1, 2026.

  • Current Status:

    • Passed from the Senate Floor with 32-8 vote on 05/31/23. Last amended on 09/07/23. Passed Assembly Floor with a 67-6 vote on 09/14/23. Senate concurred Assembly amendments with a 32-8 vote on 09/14/23. Presented to the Governor for signature on 09/21/23.

SB-622, Cannabis regulation: plant identification program: unique identifier. Senator Allen (D-Los Angeles). CPSC SUPPORT.

Existing law requires the Department of Cannabis Control to implement a unique identification program for cannabis and cannabis products and requires the program to include the identification of permitted cannabis plants at a cultivation site during the cultivation period. Existing law requires a unique identifier to be issued for each cannabis plant and to be attached at the base of each plant or as otherwise required by law or regulation. This bill would instead require the unique identifier to be recorded in a manner as determined by the department by regulation.

  • Current Status:

    • Passed from Senate Floor with 37-0 vote on 05/24/23. Last amended on 06/15/23. Passed from Assembly Floor with 73-0 vote on 08/24/23. Senate concurred Assembly amendments with a 40-0 vote on 09/06/23. Presented to the Governor for signature on 09/11/23.

SB-665, Plastic waste: single-use plastics alternatives: working group. Senator Allen (D-Los Angeles). CPSC SUPPORT.

This bill would require the California Environmental Protection Agency, by January 1, 2025, to establish a working group of the above-referenced state entities that would establish a framework, by July 1, 2026, for evaluating novel plastic and plastic-alternative material types used to produce single-use products as they are developed, in order to inform state policy decisions designed to create a more sustainable and circular economy, as provided. The bill would require the working group to, among other things, develop recommendations related to novel material types, including the appropriate marketing and labeling of the material, the handling of the material at the end of its useful life, and how the material needs to be treated in relation to existing state policies, rules, and regulations. The bill would repeal these provisions on January 1, 2029.

  • Current Status:

    • Passed from the Senate Floor with 39-0 vote on 05/24/23. Last amended on 09/07/23. Passed Assembly Floor with 74-0 vote on 09/13/23. Senate concurred Assembly amendments with a 39-0 vote on 09/14/23. Now in engrossing and enrolling.

SB-777, Solid waste: reusable grocery bags and recycled paper bags. Senator Allen (D-Los Angeles). CPSC SUPPORT.

This bill would require a store to retain the collected moneys to also be used for costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled. The bill would require stores to submit an annual report to the department with specified information related to the total costs associated with complying with the act, as specified, and the balance, if any, of remaining funds, in the year. The bill would authorize a chain that owns more than one store to report aggregated data for all of the stores operated under that chain. The bill would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those annual reports. The bill would require that these provisions apply only to certain stores, as described.

  • Current Status:

    • Passed from the Senate Floor with 36-2 vote on 05/24/23. Last amended on 09/07/23. Passed Assembly Floor with 60-16 vote on 09/14/23. Senate concurred Assembly amendments with a 36-2 vote on 09/14/23. Now in engrossing and enrolling.

SB-806, Trash receptacles and storage containers: reflective markings: enforcement. Senator Archuleta (D-Los Angeles).

Existing law requires, commencing January 1, 2025, a manufacturer who sells or provides for compensation, and, commencing January 1, 2026, an owner of, a trash receptacle or storage container that is longer than 3 feet and taller than 4 feet and that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to mark the receptacle or container with a reflector on each side, as specified. Existing law provides that a violation of these requirements would result in a criminal infraction punishable by a fine, as specified. This bill would replace the criterion for a trash receptacle or storage container to be designed to be placed on a roadway or curb to be emptied or picked up with it being placed on a roadway or curb to be emptied or picked up. The bill would reduce the size of the required reflectors, change the required placement of the reflectors, and expand the types of reflectors that meet the requirement, as specified. The bill would authorize the Attorney General, or the district attorney or city attorney in the location where the violation is observed, to enforce a violation of the above-described provisions. The bill would create the Accident Prevention and Road Safety Fund and would require the fines collected to be deposited into this fund.

  • Current Status:

    • Passed from the Senate Floor with 40-0 vote on 05/25/23. Last amended on 09/08/23. Passed Assembly Floor with 65-12 vote on 09/13/23. Senate concurred Assembly amendments with a 40-0 vote on 09/14/23. Now in engrossing and enrolling.

2022 LEGISLATION

AB 2440, Responsible Battery Recycling Act of 2022. Assembly Member Irwin (D-Camarillo). SPONSORED BY CPSC. SIGNED INTO LAW 9/16/2022.

This bill would enact the Responsible Battery Recycling Act of 2022, which would require producers, as defined, either individually or through the creation of one or more stewardship organizations, to establish a stewardship program for the collection and recycling of covered batteries, as defined. The bill would require a program operator, as defined, to develop, and to submit to the Department of Resources Recycling and Recovery (department) and the Department of Toxic Substances Control for review and for approval by the department, as specified, a stewardship plan and would prescribe the standards and elements required to be contained in a stewardship plan for covered batteries. The bill would require the department, in consultation with the Department of Toxic Substances Control, to adopt regulations to implement the act with an effective date of no earlier than April 1, 2025. The bill would require a program operator to have a complete stewardship plan approved by the department no later than 24 months after the effective date of the regulations adopted by the department in order for the program operator to be in compliance with the act.

SB 1215, Electronic Waste Recycling Act of 2003: covered battery-embedded products. Senator Newman (D-Fullerton). SPONSORED BY CPSC. SIGNED INTO LAW 9/16/2022.

This bill would, among other things, expand the definition of “covered electronic device” to include a “covered battery-embedded product,” as defined, thereby expanding the scope of the act to include covered battery-embedded products, as provided. The bill would require a consumer, on and after January 1, 2026, to pay a covered battery-embedded waste recycling fee in an amount established by CalRecycle upon the purchase of a new or refurbished covered battery-embedded product. The bill would authorize, beginning on August 1, 2028, CalRecycle, in collaboration with DTSC, to establish more than one covered electronic waste recycling fee for covered battery-embedded products based on categories of those products. The bill would also require, on or before October 1, 2025, and on or before October 1 each year thereafter, CalRecycle to establish a covered electronic waste recycling fee based on the reasonable regulatory costs to administer covered electronic waste recycling. The bill would require the charge to be imposed upon the purchase of a new or refurbished covered battery-embedded product. The bill would also require the charge to be adjusted annually based on the California Consumer Price Index. The bill would require CalRecycle, on or before August 1, 2027, and thereafter as specified, in collaboration with DTSC, to review, at a public hearing, the covered battery-embedded waste recycling fee applicable to covered battery-embedded products and to make any fair and reasonable adjustments to the charge to ensure that there are sufficient revenues in the Covered Battery-Embedded Waste Recycling Fee Subaccount to fund the covered electronic waste recycling program established pursuant to the act. 

SB 1256, Waste management: disposable propane cylinders. Senator Wieckowski (D-Fremont). SPONSORED BY CPSC. VETOED BY GOV 9/29/2022

This bill would, on and after January 1, 2028, prohibit the sale or offer for sale of disposable propane cylinders, as defined, and would make the violation of this provision subject to specified civil penalties. The bill would authorize a city attorney or county counsel to impose these civil penalties, as provided.

AB 661, Recycling: materials. Assembly Member Bennett (D-Santa Barbara). SUPPORT. SIGNED INTO LAW 9/25/2022.

This bill would require a state agency, if fitness and quality are equal, to purchase recycled products instead of nonrecycled products whenever recycled products are available at no more than 10% greater total cost than nonrecycled products, and specified circumstances exist. The bill would substantially revise product categories. The bill would require the Department of Resources Recycling and Recovery, in concurrence with the DGS and in consultation with impacted agencies, to update a list of products and minimum recycled content percentages, as determined to be appropriate, commencing January 1, 2026, and every 3 years thereafter. The bill would require the Department of Resources Recycling and Recovery and the DGS to incorporate the updated list of products and minimum recycled content requirements into the State Contracting Manual, the Financial Information System for California, and the financial system of any department not utilizing the Financial Information System for California. The bill would require the Department of Resources Recycling and Recovery to maintain an internet website with current SABRC products and minimum recycled content requirements. The bill would establish product categories and minimum content and recyclability requirements, effective January 1, 2023, until updated by the Department of Resources Recycling and Recovery.

AB 842,California Circular Economy and Plastic Pollution Reduction Act. Assembly Member Garcia (D- Downey). DIED 1/31/2022.

The bill would require the stewardship plan to include funding to support, among other things, mechanisms necessary to achieve a 75% recycling rate of single-use packaging and single-use products by 2032 and annually thereafter. The bill would require, starting in 2025, a stewardship organization to charge and collect from its member producers. Funding for the purposes of paying the administrative and operational costs of the stewardship program. The bill would require, on or before the end of the 2022–23 fiscal year, and once every 3 months thereafter, a stewardship organization to pay to the department an administrative fee to cover the department’s full costs of administering and enforcing the act, not to exceed the department’s actual and reasonable regulatory costs. This bill would authorize the department to impose an administrative civil penalty, except as specified, not to exceed $50,000 per day per violation on an entity that is not in compliance with the act’s requirements.

  • Current Status:

    • Died pursuant to Art. IV, Sec. 10(a) of the Constitution on January 31, 2022.

AB 1454, The California Beverage Container and Litter Reduction Act. Assembly Member Bloom (D-Santa Monica). DEAD. SUPPORT.

The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. The act requires the department to annually designate convenience zones on a statewide basis and requires that at least one certified recycling center or location that meets certain requirements be located within every convenience zone, with exemptions. The act defines convenience zone as either the area within a 1/2 mile radius of a supermarket or the area designated by the department in a rural region. This bill would allow the department to designate a regional convenience zone serving up to 5 unserved supermarket-based zones based on specified factors. This bill would require a certified bottle drop recycling program to pay the refund value of the beverage container as an electronic payment within 3 business days of redemption, if not paid onsite at the time of redemption. Because a violation of this requirement would be a crime under the act, the bill would impose a state-mandated local program.

  • Current Status:

    • Died in Senate Committee on Environmental Quality.

AB 1690, Vaping Waste Pollution Prevention Act. Assembly Member Rivas (D-Arleta). ORDERED INACTIVE 5/16/2022.

This bill would prohibit a person or entity from selling, giving, or furnishing to another person of any age in this state a single-use electronic cigarette or a single-use integrated cannabis vaporizer, except as specified. The bill would 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. This bill would authorize a city attorney, county counsel, or district attorney to assess a $500 civil fine against each person determined to have violated those prohibitions in a proceeding conducted pursuant to the procedures of the enforcing agency, as specified.

AB 1724, Washing machines: Microfiber filtration. Assembly Member Stone (D-Santa Cruz). SUPPORT. DIED 5/19/2022.

This bill would require, on or before January 1, 2024, that all washing machines sold as new in California contain a microfiber filtration system. The bill would also require all state-owned washing machines to contain a microfiber filtration system with a mesh size of 100 microns or smaller.

  • Current Status:

    • Held in Assembly Appropriations.

AB 1817, Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS). Assembly Member Ting (D-San Francisco). SUPPORT. SIGNED INTO LAW 9/29/2022.

This bill would prohibit, beginning January 1, 2025, any person from manufacturing, distributing, selling, or offering for sale in the state any textile articles that contain regulated PFAS, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in textile articles to comply with these provisions. The bill would require a manufacturer of a textile article that contains regulated PFAS to provide persons that offer the product for sale or distribution in the state with a certificate of compliance stating that the textile article is in compliance with these provisions and does not contain any regulated PFAS.

AB 1953, Drinking water: accessible water bottle refill stations. Assembly Member Maienschein (D-San Diego). SUPPORT. DIED 5/19/2022. 

This bill would require, by January 1, 2025, the owner or operator of a transit hub, local park, public building, publicly owned building, shopping mall, or municipal golf course that has a water infrastructure source to install and maintain at least one, or maintain at least one existing, accessible water bottle refill station, as prescribed and except as specified. The bill would also require those owners and operators that have a water bottle refill station that is not accessible to upgrade, by January 1, 2025, the water bottle refill station to an accessible water bottle refill station. By imposing additional requirements on local agencies that own or operate local parks, publicly owned buildings, or municipal golf courses, the bill would impose a state-mandated local program. If installation or maintenance of, or upgrade to, an accessible water bottle refill station is not feasible, the bill would authorize substitution of an accessible water cooler or accessible drinking fountain bubbler.

AB 2026, Recycling: plastic packaging and carryout bags. Assembly Member Friedman (D-Burbank). DIED 8/2/2022. SUPPORT

This bill would require an e-commerce shipper, as defined, that ships purchased products in or into the state to reduce from its 2022 2023 calendar year levels the total weight and number of units of single-use plastic shipping envelopes, cushioning, and void fill, and expanded and extruded polystyrene, it uses to ship or transport the products, by no less than unspecified percentages on or before January 1, 2030. The bill would establish exemptions from these prohibitions. The bill would make a violation of the foregoing requirements subject to civil penalties and would require penalties collected by the Attorney General to be deposited into the Plastic Packaging Reduction Penalty Account, which the bill would create, for expenditure by the Attorney General, upon appropriation by the Legislature, to enforce those requirements.

 

AB 2208, Fluorescent lamps: sale and distribution: prohibition. Assembly Member Klara (D-San Jose). SUPPORT. SIGNED INTO LAW 9/18/2022.

This bill would prohibit, on and after January 1, 2024, a screw or bayonet base type compact fluorescent lamp, as defined, and, on and after January 1, 2025, a pin-base type compact fluorescent lamp or a linear fluorescent lamp, as defined, from being offered for final sale, sold at final sale, or distributed in this state as a new manufactured product. The bill would exempt various lamps that meet specified criteria from that prohibition, including lamps used for image capture and projection and lamps used for disinfection.

AB 2247, Perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products and product components: publicly accessible data collection interface. Assembly Member Bloom (D-Santa Monica). SUPPORT. VETOED BY GOV 9/29/2022.

This bill would require, as part of the hazardous waste control laws, the department to contract with an existing multistate chemical data collection entity that is used by other states and jurisdictions to implement, by January 1, 2026, a publicly accessible data collection interface to collect information about perfluoroalkyl and polyfluoroalkyl substances (PFAS) and products or product components containing intentionally added PFAS. The bill would require, on or before July 1, 2026, and annually thereafter, a manufacturer, as defined, of PFAS or a product or a product component containing intentionally added PFAS that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state to register the PFAS or the product or product component containing intentionally added PFAS, and specified other information, on the publicly accessible data collection interface. The bill would specify that the above requirements do not apply to certain products regulated by the United States Food and Drug Administration or products intended for certain animal uses that are regulated under certain federal laws.

AB 2771, Cosmetic products: safety. Assembly Member Friedman (D-Burbank). SUPPORT. SIGNED INTO LAW 9/29/2022.

This bill would prohibit, beginning January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances PFAS, as defined.

AB 2779, Beverage containers: wine and distilled spirits. Assembly Member Irwin (D-Camarillo). DEAD. SUPPORT

Existing law, the California Beverage Container Recycling and Litter Reduction Act, defines the term “beverage” to include certain types of products in liquid, ready-to-drink form and excludes, among other things, wine or wine from which alcohol has been removed. This bill would revise this definition of beverage to include wine, or wine from which alcohol has been removed, sold in an aluminum beverage container and distilled spirits sold in an aluminum beverage container. Since the additional payments for the beverage containers that this bill would make subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation. The bill would also impose a state-mandated local program by creating new crimes relating to the regulation of beverage containers. This bill would additionally exempt distributors of wine sold in aluminum beverage containers and distributors of distilled spirits sold in aluminum beverage containers from those requirements.

  • Current Status:

    • Placed in suspense files on June 20, 2022.

SB 38, Beverage Containers. Senator Wieckowski (D-Fremont). SIGNED INTO LAW 9/30/2022.

The California Beverage Container Recycling and Litter Reduction Act requires every beverage container sold or offered for sale in this state to have a minimum refund value. Under the act, the Department of Resources Recycling and Recovery is required to calculate a processing fee for each beverage container with a specified scrap value, which is required to be paid by beverage manufacturers for each beverage container sold or transferred to a distributor or dealer, and requires a processor to pay a certified recycling center or other program the refund value, a percentage of the refund value for administrative costs, and the processing payment. The act provides that a violation of the act or a regulation adopted pursuant to the act is a crime. This bill would require a processor to make those payments by check or electronic fund transfer, and not by cash payment. By increasing the scope of a crime relating to beverage containers, this bill would impose a state-mandated local program.

SB 42, Department of Toxic Substances Control: Board of Environmental Safety. Senator Wieckowski (D-Fremont). ORDERED INACTIVE 8/31/2022.

This bill would amend the Budget Act of 2021 by revising “Congressman Pete Stark Ecological Reserve” to “Congressman Pete Stark Ecological Reserve at Eden Landing” within that appropriation and would rename the “Eden Landing Ecological Reserve,” as specified in certain regulations, the “Congressman Pete Stark Ecological Reserve at Eden Landing.” The bill would require the department to implement that name change and would provide that, notwithstanding any other law, commission approval is not required to implement the name change.

  • Current status:

    • Ordered to inactive file on request of Assembly Member Reyes on August 31, 2022. 

SB 54, Plastic Pollution Producer Responsibility Act. Senator Allen (D-Los Angeles). SUPPORT. SIGNED INTO LAW 6/30/2022.

This bill would establish the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which would cover certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the bill would require the producers, as defined, of these covered materials to source reduce plastic covered material, to ensure that covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable or compostable, and to ensure that plastic covered material offered for sale, distributed, or imported in or into the state meets specified recycling rates. In particular, the bill would require not less than 65% of plastic covered material to be recycled on and after January 1, 2032, and would authorize the department to increase or decrease the specified recycling rates in certain circumstances. The bill would require certain material types and forms to be considered recyclable in the state, and would authorize those material types and forms to be labeled as recyclable, under certain circumstances.

SB 451, Beverage container recycling: pilot projects. Senator Dodd (D- Napa). DEAD.

This bill would authorize the Department of Resources Recycling and Recovery to establish a recycling pilot program for the collection and recycling of beverage containers. The bill would define the terms “beverage” and “beverage containers” for purposes of the pilot program to include certain beverage containers that are otherwise excluded for other purposes. The bill would make an appropriation by changing the terms and conditions under which the department is authorized to make payments from a continuously appropriated fund. The bill would require the recycling pilot program to include a requirement for a pilot project operator to submit to the department a pilot project plan with specified goals and elements, including that the pilot project operator provide the department with annual updates and a final report on or before April 1, 2026. The bill would require the department to review and approve, disapprove, or conditionally approve a pilot project operator plan within a reasonable timeframe. The bill would require the department to annually include an update on the recycling pilot program in a specified report to the Legislature. The bill would make these provisions inoperative on July 1, 2026, and would repeal them on January 1, 2027. This bill would declare that it is to take effect immediately as an urgency statute.

  • Current status:

    • Died in Assembly Committee on Natural Resources.

SB 983, Consumer warranty protection: express warranties. Senator Eggman (D- Stockton). DIED 5/16/2022.

This bill would instead require the manufacturer of an electronic or appliance product, in the above-described circumstances and timeframes, to make available, on fair and reasonable terms, sufficient service literature, at no charge, and prescribed functional parts and tools, including documentation, tools, software and parts needed to disable the lock or function during the course of the diagnosis, maintenance, or repair of a product, to owners of the product, service and repair facilities, and service dealers. This bill would define terms for its purposes, and would provide that the above-specified provisions do not require a manufacturer to divulge a trade secret, except as may be necessary to provide service literature, documentation, tools, and parts on fair and reasonable terms.

SB 1013, Beverage container recycling: reports: electronic submittal. Senator Atkins (D- San Diego). SUPPORT. SIGNED INTO LAW 9/27/2022

This bill would require a wine direct shipper permitholder, before sending any shipment to a resident of California, to register with the Department of Resources Recycling and Recovery as a beverage manufacturer and distributor under the California Beverage Container Recycling and Litter Reduction Act. The bill would require a wine direct shipper permitholder to comply with the California Beverage Container Recycling and Litter Reduction Act, including, but not limited to, the reporting and payment provisions applicable to the permitholder as a beverage manufacturer and distributor, and would authorize the Department of Alcoholic Beverage Control to suspend or revoke the wine direct shipper permit if the permitholder fails to comply with certain provisions of the California Beverage Container Recycling and Litter Reduction Act. The bill would also authorize the Department of Resources Recycling and Recovery to adopt regulations related to the wine direct shipper permit. The bill would thereby impose a state-mandated local program by creating new crimes under the Alcoholic Beverage Control Act. The bill would require, with respect to the payment of processing fees and redemption payments for beverages manufactured outside the state and sold directly to consumers within the state with a direct shipper permit, the beverage manufacturer or distributor to be deemed to be the person or entity named on the direct shipper permit issued pursuant to the Alcoholic Beverage Control Act, and would require the Department of Resources Recycling and Recovery to provide related notice. 

SB 1187, Fabric recycling: pilot project. Senator Kamlager (D- Culver City). SUPPORT. SIGNED INTO LAW 9/28/2022.

This bill would require the department to establish a pilot project of up to 3 years located in the Counties of Los Angeles and Ventura in partnership with garment manufacturers in order to study and report on the feasibility of recycling fabric, as specified. The bill would require the pilot project to be submitted by an applicant jurisdiction and designed to create a circular economy for the highest and best use of waste textiles. The bill would require the pilot project operator to annually report to the department, the amount, in pounds, of textiles that were collected and that were diverted from disposal in the prior year of the pilot project, among other information. The bill would require the pilot project to conclude no later than January 1, 2027. The bill would specify that any state funding provided for the pilot project is subject to an appropriation by the Legislature for this purpose.

SB 1255, Single-use products waste reduction: Dishwasher Grant Program for Waste Reduction in K–12 Schools. (D- Glendale). SUPPORT. VETOED BY GOV ON 9/28/2022.

This bill would establish the Dishwasher Grant Program for Waste Reduction in K–12 Schools, to be administered by the State Department of Education, to provide grants to school districts and charter schools for the purchase and installation of commercial dishwashers in school kitchens, as specified. The bill would require the department to award grants of up to $40,000 per kitchen of a school of an applicant school district or charter school, as specified. The bill would require the department to develop administrative guidelines for implementation of the program, as specified. The bill would require the department to develop materials and conduct outreach to those local educational agencies about the program, as provided. The bill would authorize, for purposes of the program, the department to enter into interagency agreements with other state agencies. The bill would make the implementation of these provisions contingent on an appropriation being made for its purposes by the Legislature in the annual Budget Act or another statute.

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