CA EPR Legislative History
This bill was sponsored by Californians Against Waste and the International Sleep Products Association. It was a hybrid bill between Senator Correa’s bill which merged with parts of the original Hancock bill. The bill required a visible fee and triggered a 2/3rds vote, which could set a precedent that could be very difficult to meet for future recycling bills. CPSC and other local governments and their associations carefully reviewed the bill and submitted a joint letter asking for amendments necessary in order to actively support the bill. While significant improvements were made to the bill based on CPSC’s recommendations, the CPSC Board became neutral on the bill in mid September due to concerns over the lack of green design impacts and the 2/3rds vote precedent – nothing had been made public about what language in SB 254 triggered the 2/3rds vote requirement.
SB 254 was signed by Governor Jerry Brown on 9/27/13, with instructions to the Department of Resources Recycling and Recovery to work with the authors of the bill to clarify their intent through cleanup legislation next session.
- CPSC Letter to Authors – Removal of Opposition – 9/18/13
- Joint Letter by the City of Chula Vista, CPSC, and County of Sacramento – Oppose SB 254 Unless Amended– 8/26/13
- Attached tracked changes amendments– 7/23/13
CPSC was active with the Speaker’s office in the development, passage and implementation of this legislation, the first of its kind in the world. This legislation required the producers of carpet to submit a carpet stewardship plan to CalRecycle with certain elements required including a funding mechanism that provides sufficient funding to carry out the plan and its associated administrative, operational, and capital costs.
This bill was based on work done by the national Paint Product Stewardship Initiative coordinated by the Product Stewardship Institute – which was co-managed by CPSC’s Heidi Sanborn from 2003-2006 – and work done through a San Joaquin County CalRecycle grant which CPSC was the primary contractor on that established retail paint collection in three counties from 2007-2010. AB 1343 creates a producer managed post-consumer paint recovery program. It requires architectural paint manufacturers to develop and implement a stewardship plan to reduce the generation of post-consumer paint, promote reuse of paint, and manage the end-of-life post-consumer paint in an environmentally sound manner.
Pictured – Former CPSC Board Member Patty Garbarino awarding
Assembly Member Jared Huffman with the Legislative Leadership Award for producer responsibility.
CPSC played a supporting role to the water quality associations lead on this EPR transitional legislation. SB 346 phased copper out of brake pads sold in California. It was a negotiated agreement with the producers to stop copper pollution at the source. This measure was the only feasible way to reduce the single most significant source of copper in urban watersheds, which kills marine organisms and fatally impairs the viability of salmon and other fish, frustrating State, regional and local government efforts to meet our water quality objectives in the Bay Area and Southern California.
Pictured (Left to Right) – Sen. Christine Kehoe receiving CPSC’s 2011
Legislative Leadership Award and Heidi Sanborn, CPSC Executive Director
Photo credit: Rajesh Lathigara
2011 Legislative Leadership Award, California State Senator Christine Kehoe
Video credit: Green Technology Smart Media
CPSC worked alongside many environmental groups and others to pass AB 1879. The bill required the Department of Toxic Substances Control (DTSC) under the Green Chemistry Initiative to adopt, by January 1, 2011, regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being chemicals of concern. CPSC continues to work to get the regulations adopted which will require producer responsibility and take-back for problematic products.
CPSC was invited by Sierra Club California to co-sponsor this bill. AB 2347 established a shared responsibility program for the recycling of mercury thermostats and relieved pressure on cash-strapped local governments. This bill took a producer responsibility approach for establishing effective mercury recycling collection programs, allowing Californians to return waste thermostats to retail locations that sell new ones, establishing convenient collection sites for contractors, and requiring companies that produce thermostats to fund the recycling program.
Pictured (Left to Right) – Assemblymember Ira Ruskin receiving CPSC’s 2008
Legislative Leadership Award; Rob D’Arcy, former CPSC Board Chair.
CPSC worked with the author and other environmental groups to support the passage of AB 1860, which established the Product Recall Safety and Protection Act (Act). The Act requires the immediate removal from the market and notice to consumers for products subject to recall or warnings. The Act also requires a product manufacturer whose product is subject to a recall and/or warnings to provide for the safe reutn of the product to the manufacturer at no cost to the end consumer or retailer, and requires the manufacturer to properly dispose of the product and not export the product, or permit the product to be exported, for disposal in a manner that poses significant risk to the public health or the environment.