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.

2021 LEGISLATION

SB 289, Battery Recycling. Senator Newman (D- Brea). SPONSORED BY CPSC.

Existing law, the California Integrated Waste Management Act of 1989, authorizes the Department of Resources Recycling and Recovery to conduct a study on the disposal and recyclability of household batteries, as specified. Existing law, for purposes of that study, defines household batteries as batteries that, among other things, are made of mercury, alkaline, carbon-zinc, and nickel-cadmium. This bill would add nickel metal hydride and lithium-ion batteries to the definition of household batteries.

  • Current Status:

    • Introduced 2/1/21, Referred to Committee on Rules for assignment.

AB 1, Hazardous Waste. Assembly Member Garcia (D- Downey). 

This bill would create the Board of Environmental Safety in the California Environmental Protection Agency and require the board to conduct no less than 6 public meetings per year. The bill would provide for the duties of the board, which would include, among others, reviewing specified policies, processes, and programs within the hazardous waste control laws; proposing statutory, regulatory, and policy changes; and hearing and deciding appeals of hazardous waste facility permit decisions and establish an office of ombudsperson to receive complaints and suggestions from the public. This bill would require the department to review, at least once every 5 years, the financial assurances required to operate a hazardous waste facility and the cost estimates used to establish the amount of financial assurances required. The bill would require the department, no later than 90 days after receiving an application for a hazardous waste facilities permit, to post on its internet website a timeline with the estimated dates of key milestones in the application review process. This bill would repeal the provision making implementation of the act contingent upon, and limited to, the availability of funding on January 1, 2023.

  • Current Status:

    • Referred to Assembly Committee E.S.T.M. to be heard TBD. 

AB 246, Contractor Disciplinary Actions for Illegal Dumping. Assembly Member Quirk (D- Hayward). 

Existing law provides for the licensure and regulation of contractors by the Contractors’ State License Board (board). Under existing law, a willful or deliberate disregard by a licensed contractor of various state building, labor, and safety laws constitutes a cause for disciplinary action by the board. This bill would reorganize these provisions and would add illegal dumping to the list of violations that constitute a cause for disciplinary action against a contractor by the board.

  • Current Status:

    • Referred to Committee on Business and Professions, to be heard TBD.

 

AB 332, Treated Wood Waste. Assembly Member Quirk (D- Hayward). 

This bill would require a regulation that was adopted before January 1, 2008, pursuant to the above-specified provisions exempting a hazardous waste management activity from one or more of the requirements of the hazardous waste control laws to remain valid unless repealed. The bill would repeal this provision as of an unspecified date. This bill would declare that it is to take effect immediately as an urgency statute.

  • Current Status:

    • Introduced 01/27/21, Pending referral.

AB 478, Thermoform containers: minimum recycled content. Assembly Member Ting (D- Torrance).

This bill would declare the intent of the Legislature to enact subsequent legislation relating to the minimum recycled content of thermoform containers.

  • Current Status:

    • Introduced 01/8/21, Pending referral.

AB-652, Product safety: juvenile products: chemicals: perfluoroalkyl and polyfluoroalkyl substances. Assembly Member Friedman (D- Burbank).

This bill would, on and after July 1, 2023, prohibit a person, including a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS) at a detectable level above an unspecified amount. The bill would establish requirements for manufacturers when replacing PFAS in juvenile products.

  • Current Status:

    • Referred to Committees on Environmental Safety and Toxic Materials.

AB 818, Solid waste: premoistened nonwoven disposable wipes. Assembly Member Bloom (D-Santa Monica).

This bill would require, except as provided, certain premoistened nonwoven disposable wipes manufactured on or after July 1, 2022, to be labeled clearly and conspicuously with the phrase “Do Not Flush” and a related symbol, as specified. The bill would prohibit a covered entity from making a representation about the flushable attributes, benefits, performance, or efficacy. The bill would establish, until January 1, 2027, the California Consumer Education and Outreach Program, under which covered entities would be required, among other things, to participate in a collection study conducted in collaboration with wastewater agencies for the purpose of gaining understanding of consumer behavior regarding the flushing of premoistened nonwoven disposable wipes and to conduct a comprehensive multimedia education and outreach program in the state. The bill would require covered entities to annually report to specified legislative committees and the State Water Resources Control Board on their activities under the program and would require the state board to post the reports on its internet website.

  • Current Status:

    • Referred to Committees on Environmental Safety and Toxic Materials and Judiciary.

AB 881, Plastic waste: diversion: recycling: export. Assembly Member Gonzalez (D- Oceanside).

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

  • Current Status:

    • Referred to the Assembly Committee on Natural Resources.

AB 962, California Beverage Container Recycling and Litter Reduction Act: reusable beverage containers. Assembly Member Kamlager (D- Culver City).

This bill would authorize, for a reusable beverage container, a processor approved by the department to handle reusable beverage containers to satisfy those operation requirements by transferring the reusable beverage container to a washer approved by the department. By creating crimes relating to reusable beverage containers, the bill would impose a state-mandated local program. The bill would define “reusable beverage container” for purposes of the act to mean a beverage container that has been used to contain a beverage, for which the applicable redemption payment has been paid, and that is returned whole and intact to a recycler or other certified entity designated by the department and capable of reuse as a beverage container. The bill would provide that an empty reusable beverage container for which the applicable redemption payment has been paid and that is collected and processed unbroken for reuse as a beverage container shall continue to be eligible for all applicable payments and incentives provided in the act.

  • Current Status:

    • Referred to the Assembly Committee on Natural Resources.

AJR-4, Basel Convention: ratification (D-Garcia). 

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989) was signed but never ratified by the United States. Since China banned the import of plastic waste, much of the plastic waste collected for recycling in the United States is sent to mismanaged, highly polluting recycling operations in south and southeast Asia, where it is often dumped and burned rather than recycled safely. The Basel Convention has recently sought to address this problem and has become a vital instrument in the war against global plastic waste pollution when, in May 2019, it was amended to include mixed and contaminated plastic waste shipments within its control procedure. This measure would declare California to be in favor of the United States’ ratification of the Basel Convention at the earliest opportunity and would request the Biden Administration to accomplish this ratification as a matter of urgency.

SB 38, Beverage Containers.  Senator Wieckowski (D-Fremont). 

Require distributors of beverage containers to form a stewardship organization to develop and submit a plan and budget for the recovery and recycling of empty beverage containers similar to that described in the Used Mattress Recovery and Recycling Act, and would require a stewardship fee be paid by distributor members of the organization, to assist in covering the costs of implementing the program, reimburse the department for the department’s costs of enforcement, and face administrative civil penalties for a violation.

  • Current status:

    • Referred to Senate Committee on Environmental Quality to be heard TBD.

SB 54, Solid waste: disposable packaging and food ware.  Senator Allen (D-Los Angeles). 

This bill would declare the intent of the Legislature to enact the Plastic Pollution Producer Responsibility Act, which would significantly reduce the amount of disposable packaging and food ware waste entering California’s waste stream, polluting oceans, littering local communities and beaches, and costing local governments millions of dollars in cleanup costs through source reduction requirements and increased composting and recycling.

  • Current status:

    • Referred to Senate Committee on Environmental Quality to be heard TBD.

SB 207, Solid waste: disposable packaging and food ware.  Senator Dahle (R-Redding). 

Existing law authorizes the Department of Toxic Substances Control to adopt regulations to designate end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject those modules to universal waste management. This bill would require the Secretary for Environmental Protection to, on or before April 1, 2022, convene the Photovoltaic Recycling Advisory Group, consisting of specified members, to review and advise the Legislature on policies pertaining to the recovery of photovoltaic panels and their components. The bill would require the advisory group to consult with relevant entities in order to develop and, on or before April 1, 2025, submit to the Legislature policy recommendations aimed at ensuring that, to the extent possible, 100% of photovoltaic panels in the state are reused or recycled at end of life in a safe and cost-effective manner.

  • Current status:

    • Referred to Senate Committee on Rules to be heard TBD.

SB 244, Lithium-ion batteries: illegal disposal: fire prevention. Senator Archuleta (D- Los Angeles).

This bill would prohibit a person from knowingly disposing of a lithium-ion battery in a container or receptacle that is intended for the collection of solid waste or recyclable materials, unless the container or receptacle is designated for the collection of batteries for recycling. The bill would require CalRecycle, on or before July 1, 2024, and in consultation with DTSC, to develop a guidance document relating to the proper handling and disposal of lithium-ion batteries and products that contain lithium-ion batteries. The bill would require a solid waste enterprise, as defined, before July 1, 2023, after consulting with the county fire marshal of every county in which the solid waste enterprise conducts solid waste collection operations, to adopt, or update if necessary, a protocol and arrange any necessary training for relevant employees that identifies procedures to follow under those same circumstances. By imposing new duties on county fire marshals, the bill would impose a state-mandated local program.

SB 343, Environmental advertising: recycling symbol. Senator Allen (D-Los Angeles). 

The bill would prohibit a person from offering for sale, selling, distributing, or importing into the state any product or packaging using a deceptive or misleading claim about its recyclability. The bill would provide that the display of a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating the product or packaging is recyclable, or directing the consumer to recycle the product or packaging, is deemed to be a deceptive or misleading claim unless the Department of Resources Recycling and Recovery has determined the product or packaging is recyclable.

  • Current status:

    • Referred to Committees on Environmental Quality and Judiciary to be heard TBD.

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

This bill would postpone to January 1, 2023, the date by which the department may approve recycling pilot projects. The bill would increase the maximum number of pilot projects from 5 to 10. By increasing expenditures from a continuously appropriated fund for these extensions, the bill would make an appropriation. This bill would make the provisions related to the pilot projects inoperative on July 1, 2023, and would repeal them as of January 1, 2024. This bill would make other conforming and nonsubstantive changes. This bill would declare that it is to take effect immediately as an urgency statute.

  • Current status:

    • Referred to Committee on Rules for assignment.

 
 

2020 LEGISLATION

​​AB 995, Hazardous Waste. Assembly Member Garcia (D- Downey). SUPPORT. VETOED BY GOV ON 9/29/20.

This bill would create the Board of Environmental Safety in the California Environmental Protection Agency and require the board to conduct no less than 6 public meetings per year. The bill would provide for the duties of the board, which would include, among others, reviewing specified policies, processes, and programs within the hazardous waste control laws; proposing statutory, regulatory, and policy changes; and hearing and deciding appeals of hazardous waste facility permit decisions and establish an office of ombudsperson to receive complaints and suggestions from the public. This bill would require the department to review, at least once every 5 years, the financial assurances required to operate a hazardous waste facility and the cost estimates used to establish the amount of financial assurances required. The bill would require the department, no later than 90 days after receiving an application for a hazardous waste facilities permit, to post on its internet website a timeline with the estimated dates of key milestones in the application review process. This bill would repeal the provision making implementation of the act contingent upon, and limited to, the availability of funding on January 1, 2023.

  • Current Status:

    • This is a two-year bill​.

    • Referred to Senate Floor to be heard on TBD.

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

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). OPPOSE. DIED ON 1/31/20.

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.

  • CPSC opposes this bill.

  • Current Status:

    • This is a two-year bill.

    • Died on 1/31/20 - Did not get out of the House of origin.

 

AB 1509, Lithium Ion Batteries.  Assembly Member Mullin (D-San Mateo).  CO-SPONSORED BY CPSCSBWMA, AND CAW. FAILED TO PASS.

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:  premoistened nonwoven disposable wipes.  Assembly Member Bloom (D-Santa Monica). CO-SPONSORED BY CASA AND NSAC. SUPPORT. FAILED TO PASS.

This bill would require, commencing January 1, 2021, except as provided, certain nonwoven disposal products to be labeled clearly and conspicuously to communicate that they should not be flushed, as specified. The bill would prohibit a covered entity, as defined, from making a representation about the flushable attributes, benefits, performance, or efficacy of those nonwoven disposal products, as provided. The bill would establish enforcement provisions, including authorizing a civil penalty not to exceed $2,500 per violation to be imposed on a person who violates the bill’s provisions.

AB 1952, Microfiber Filters. Assembly Member Stone (D- Santa Cruz). SUPPORT. FAILED TO PASS.

This bill, beginning January 1, 2022, would require all washing machines owned or operated by a state entity, as defined, to include a microfiber filter, and would require state entities to install a microfiber filter on any washing machines owned or operated by the state entity before January 1, 2022. The bill, beginning January 1, 2022, would require every contract entered into, renewed, or extended by a state entity for laundry services to require the washing machines used to contain microfiber filters or to have filters installed on all drain lines, and would require the Department of General Services to adopt regulations for these purposes before January 1, 2022.

  • Current Status:

    • Referred to the Committee on Accountability and Administrative Review on 2/6/20​ to be heard TBD.

AB 1989, Menstrual Products Right to Know. Assembly Member Garcia (D- Downey). WATCHING. SIGNED INTO LAW 9/29/20.

This bill would require a package or box containing menstrual products that was manufactured for sale or distribution in this state on or after January 1, 2023, to have printed on the label a plain and conspicuous list of all ingredients in the product, by weight. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

  • Current Status:

    • Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.).

AB 2287, Plastic Product Compostability Certification. Assembly Member Eggman (D- Stockton). SIGNED INTO LAW 9/29/20. 

This bill would authorize CalRecycle to issue guidelines for determining whether a plastic product is not compliant with these labeling requirements, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers. The bill would authorize the director to adopt a specified standard for biodegradable mulch film plastic and would authorize the sale of commercial agricultural mulch film, as defined, labeled with the term “soil biodegradable” only if the commercial agricultural mulch film meets, and the director adopts, that specified standard. The bill would authorize the Department to adopt regulations for plastic product labeling to ensure that plastic products labeled “compostable,” “home compostable,” or “marine degradable” are clearly distinguishable upon quick inspection by consumers and solid waste processing facilities. The bill would update the name of a specified certification for home compost and the name of the organization that developed that certification and would make other conforming changes.

  • Current Status:

    • Referred to Senate Floor to be heard on TBD.

 

AB 2762, Cosmetics: Safety. Assembly Member Muratsuchi (D- Los Angeles). SUPPORT. SIGNED INTO LAW 9/30/20.

This bill would additionally prescribe that a cosmetic is adulterated if it contains any of several specified intentionally added ingredients or another chemical identified by the department, except under specified circumstances. This bill would specify that it is a violation of the Sherman Food, Drug, and Cosmetic Law to fail to comply with guidelines or instructions issued by the division to implement the act. 

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

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 312, Cosmetics: right to know. Senator Leyva (D- Chino). SUPPORT. SIGNED INTO LAW 9/30/20.

This bill would, commencing January 1, 2022, 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 and a list of each fragrance allergen that is present in the cosmetic product in specified concentrations. 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. By creating a new crime, the bill would impose a state-mandated local program.

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

This bill requires distributors of beverage containers to form a stewardship organization to develop and submit a plan and budget for the recovery and recycling of empty beverage containers similar to that described in the Used Mattress Recovery and Recycling Act, and would require a stewardship fee to be paid by distributor members of the organization, to assist in covering the costs of implementing the program, reimburse the department for the department’s costs of enforcement, and face administrative civil penalties for a violation.

 

SB 424, Tobacco products: single-use and multi-use components (Tobacco Waste).  Senator Jackson (D-Santa Barbara).  SPONSORED BY NSAC. SUPPORT. FAILED TO PASS.

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 1152, Solar panels: disposal: labeling. Senator Skinner (D-Berkeley). SPONSORING. FAILED TO PASS.

This bill would require, on and after January 1, 2023, a manufacturer of a solar panel sold in California to include a permanently affixed label that provides information necessary to facilitate proper disposal or recycling of the solar panel at the end of its useful life. The bill would require the Department of Resources Recycling and Recovery, in consultation with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission, to develop regulations implementing that labeling requirement, as provided.

  • Current status:

    • Referred to the Senate Committee on Rules, hearing date TBD.

SB 1156, Lithium-ion batteries: illegal disposal. Senator Archuleta (D- Los Angeles). SUPPORT. FAILED TO PASS.

This bill would prohibit a person from knowingly disposing of a lithium-ion battery in a container that is intended for the collection of solid waste or recyclable materials, unless the container or receptacle is designated for the collection of batteries for recycling. The bill would require CalRecycle, after January 1, 2022, and in consultation with DTSC, to develop a guidance document relating to the proper handling and disposal of lithium-ion batteries and products that contain lithium-ion batteries. The bill would require the Department of Forestry and Fire Protection in consultation with relevant state agencies and stakeholders, to develop a model protocol and training that identifies best practices for the detection, safe handling, and suppression of fires that originate from discarded lithium-ion batteries or products that contain lithium-ion batteries on or in solid waste or recycling collection vehicles, transfer or processing stations, or disposal facilities, as provided. The bill would require a solid waste enterprise, as defined after consulting with the county fire marshal of every county in which the solid waste enterprise conducts solid waste collection operations, to adopt a protocol identifying procedures to follow under those same circumstances. By imposing new duties on county fire marshals, the bill would impose a state-mandated local program.

 

2017-19 LEGISLATION

Successful legislation sponsored or supported by CPSC and examples of our advocacy. 

AB 142

(Garcia, 2019)

Updating fees on

lead acid batteries

479783-The-10-Best-Firm-Mattresses-of-20

AB 187

(Garcia, 2019)

Updating Mattress Stewardship Program for transparency and protecting public funds

Cleaning Products

SB 726 

(Caballero, 2019)

HHW Material Exchange

Pile of Pills

SB 212

(Jackson, 2018)

Extended Producer Responsibility for Pharmaceuticals and Sharps

Carpet Vacuum

AB 729

(Chu, 2019)

Updating carpet stewardship program to modulate and protect public fee money

Woman Rolling Carpet

AB 1158

(Chu, 2017)

Updating Carpet Stewardship Program for transparency on program performance

 

GENERAL INFO

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

CONTACT  US:

T: 916.706.3420

E: info@calpsc.org

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California Product Stewardship Council

All Rights Reserved

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