2017 Legislation

NCRA List of Active Priority Bills, 2017

Letters of Support – AB 319, 509 and 1036
Letter of Strong Opposition – AB 655

2017 California Legislative Session

The first year of the 2017-2018 California Legislative Session began with 34 new Bills of interest to the California Department of Resources Recycling and Recovery (DRRR), or “CalRecycle”, including 22 Assembly Bills and 12 Senate Bills. NCRA had written letters of support for 11 Bills and one letter in opposition.

NCRA Supported Bills – Active

The following are those Bills that have advanced out of the Assembly or Senate, and by June 1, 2017 are being heard in the alternate chamber.

AB 509 Frazier D) Tire recycling: Ca tire regulatory fee and waste tire program.  Generic Letter (MS Word)
Would require a waste tire generator, that is a retail seller, to pay a tire regulatory fee for deposit in the California Tire Recycling Management Fund for such specified purposes.
05/31/17 Passed Assembly Floor: 45 Ayes, 30 Noes, 5 NVR (No Vote Recorded). Ordered to the Senate.

AB 954 Chiu D) Organic waste: reduction.  Generic Support Letter (MS-Word)
Would require CalRecycle’s organic waste reduction targets to include progress of industry efforts and federal legislation to reduce consumer food waste, including the adoption of uniform labels on food. By adding to the duties of local governments related to organic waste in landfills, this bill would impose a state-mandated local program.
05/30/17 Passed Assembly Floor: 76 Ayes, 0 Noes, 4 NVR. Ordered to the Senate.

AB 1036 McCarty D) Organic waste: composting.   Generic Support Letter (MS-Word)
Bill would require Cal EPA with other agencies to assess the progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in current law plus an additional state law, as provided, and would make other changes in these provisions.
05/04/17 Passed Assembly Floor: 76 Ayes, 0 Noes, 4 NVR. Ordered to the Senate.

AB 1158 Chu D) Carpet recycling.  Generic Support Letter (MS-Word)  
Current law requires a manufacturer of carpets sold in this state to submit to CalRecycle a carpet stewardship plan that meets specified requirements. This bill would provide that it is the goal of the state to reach a 24% recycling rate for postconsumer carpet by January 1, 2020, and to meet or exceed that rate continually thereafter.
05/30/17 Passed Assembly Floor: 73 Ayes, 2 Noes, 5 NVR. Ordered to the Senate.

AB 1219 Eggman D) Food donations.   Generic Support Letter (MS-Word)
The California Good Samaritan Food Donation Act specifies that a food facility that donates any food to a nonprofit charitable organization or a food bank is not liable for any damage or injury resulting from the consumption of the food, except for negligence or a willful act. This bill would expand these provisions to persons and gleaners who donate food.
05/04/17 Passed Assembly Floor: 74 Ayes, 0 Noes, 6 NVR. Ordered to the Senate.

AB 1288 Eggman D) Solid waste: charges.  Generic Support Letter (MS-Word)
The California Integrated Waste Management Act of 1989 requires disposal facility operators to pay a solid waste disposal fee of $1.40 per ton maximum, for specified purposes, including administration and implementation of the act. This bill would require that a prudent reserve also be maintained.
05/22/17 Passed Assembly Floor 58 Ayes, 13 Noes, 9 NVR. Ordered to the Senate.

AB 1294 Berman D) Solid waste: plastic products.   Generic Support Letter (MS-Word)
Current law, until January 1, 2018, requires a manufacturer or supplier, making an environmental marketing claim relating to the recycled content of a plastic food container, to maintain supportive written information and documentation in its records, with the imposition of a civil penalty for a violation. This bill would postpone the repeal of such provisions until January 1, 2028.
05/04/17 Passed Assembly Floor: 76 Ayes, 0 Noes, 4 NVR. Ordered to the Senate.

AB 1594 (Bloom) Ocean Plastic Pollution – Takeout Food Packaging.   Generic Support Letter (MS-Word)
AB 1594 directs the Ocean Protection Council to study the sources and types of ocean plastic pollution and to come up with recommendations for strategies to reduce ocean plastic pollution. Up to 80% of ocean pollution is litter from urban runoff, and non-recyclable single-use food packaging is a primary component of urban litter.  Without state action to address the problem of ocean plastic pollution as a result of takeout food packaging litter and waste, local agencies have been left to enact a patch work of local restrictions.
05/30/17 Passed Assembly Floor: 74 Ayes, 0 Noes, 6 NVR. Ordered to the Senate.

SB 140 Allen D) Income taxes: credits: food bank donations.
The Personal Income and Corporation Tax Laws allow various credits from January 1, 2012, and before January 1, 2017, a credit for planting, managing, and harvesting the crop from the land, equal to 10% of the cost that would otherwise be included in inventory costs, with respect to the donation of fresh fruits or vegetables to a food bank in California. This bill would extend those credits to taxable years beginning before January 1, 2024. The bill would make other nonsubstantive changes.
05/15/17 Passed Senate: 39 Ayes 39, 0 Noes 0. Ordered to the Assembly.

NCRA Supported Bills – Inactive

The following are those Bills that had failed to advance out of the chamber of origin, and presumably will be re-introduced in 2018 as a two-year Bill.

AB 319 Stone, Mark D) Recycling: single-use plastic beverage container caps.
This bill would prohibit a retailer from selling or offering for sale a single-use plastic beverage container with a cap that is not tethered to or contiguously affixed to the beverage container. The bill would define terms for purposes of these provisions.
04/17/17 In committee Asm Natural Resources: Hearing postponed by committee.

SB 705 Allen D) Solid waste: disposable food service containers.  Generic Support Letter (MS-Word)
Would enact the Ocean Pollution Reduction Act of 2017, which would prohibit a food provider, on and after January 1, 2021, from dispensing prepared food to a customer in a disposable food service container, unless the container is accepted for recovery by a recycling or composting program.
06/01/17 Ordered to inactive file on request of Senator Allen.
05/31/17 Refused passage in Senate: 15 Ayes, 19 Noes, 6 NVR.

NCRA Opposed Bill – Inactive

AB 655 O’Donnell D) California Renewables Portfolio Standard Program.  Generic Oppose Letter (MS-Word)
This bill would repeal existing provisions of the Renewables Portfolio Standard (RPS) which provide that combustion of municipal solid waste (MSW) is not an eligible renewable energy resource, to instead provide that a facility engaged in such transformation of MSW, that operates at least 20 percent below pollutant concentration limits, is eligible, and can earn renewable energy credits.
04/24/17 In Nat. Res. committee: Set, first hearing. Failed passage. Reconsideration granted.