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2022 CALIFORNIA LEGISLATION

2021

 

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.

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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. 

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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.

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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.

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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.

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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.

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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.

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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.

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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.​

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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.​

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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.

  • Coalition Letter of Support

  • Current Status: 

    • SIGNED INTO LAW 9/18/2022.

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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.

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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.

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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.

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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.

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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. 

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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.

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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.

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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.

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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. 

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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.​

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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.

General Info

GENERAL INFO

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What is extended producer responsibility (EPR)?

Extended Producer Responsibility (EPR) 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 or redesign that minimizes the negative impacts on human health and the environment at every stage of the product's lifecycle. This allows the costs of processing and recycling or disposal to be incorporated into the total cost of a product. This also places primary responsibility on the producer, or brand owner, who ultimately makes design and marketing decisions for their products. It also creates a setting for recycled commodities markets to emerge, which helps support a true circular economy.

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