2018 Legislation

2018 California Legislative Session Year End Summary

The second year of the 2017-2018 California Legislative Session began with 25 Bills of interest to the California Department of Resources Recycling and Recovery (DRRR), or “CalRecycle”, including 18 Assembly Bills and 7 Senate Bills. During the course of 2018, NCRA had written or co-signed letters of support for 15 Bills, and one letter in opposition (AB 2921 Polystyrene Food Service Packaging Recovery and Recycling Act). Of these, 11 Bills had passed both houses of the Legislature, for which NCRA had sent Letters to Gov. Brown urging his signature. He eventually approved nine Bills, and vetoed the other two.

For your information, there were six other CalRecycle Bills which Gov. Brown approved, for which NCRA had not taken a position. The approved Bills presumably will become law effective January 1, 2019. Each Bill has been “Chaptered” by the Secretary of State, within the designated Chapter, Statutes of 2018. For further descriptions and details, visit CalRecycle Current Priority Bills.

NCRA Supported Bills – Approved by Governor

AB 1884 Calderon, Bloom) Single-use plastic straws.     Sample Letter
This bill would prohibit a food facility, where food may be consumed on the premises, from providing single-use plastic straws unless requested by the consumer.
9/20 – Approved by the Governor, Chapter 576

AB 1981 Limón D) Organic waste: Composting.      Sample Letter 
This bill would require Cal EPA, in coordination with CalRecycle, to revise provisions and impose additional duties on specified state agencies to develop and implement policies to aid in diverting organic waste from landfills, and to achieve the goal of reducing at least 5 million metric tons of greenhouse gas emissions per year, through the development and application of compost on working lands.
9/21 – Approved by the Governor, Chapter 633

AB 2411 McCarty D) Solid waste: Use of compost: planning.
This bill would require CalRecycle, by 12/31/19, to develop and implement a plan to maximize the use of compost for slope stabilization, for establishing vegetation following a wildfire, and implement best practices regarding the cost-effective use of compost along roadways.
8/28 – Approved by the Governor, Chapter 238

AB 2493 Bloom D Beverage container recycling: Recycling centers and payments.     Sample Letter
This bill would provide that a recycling center that consists of reverse vending machines is not required to have an employee present during the hours of operation in order to be “open for business.”
9/22 – Approved by the Governor, Chapter 715

SB 212 Jackson, Ting, & Gray D) Safe Medicines and Sharps Collection & Disposal.     Sample Letter
Would require each manufacturer of covered drugs or sharps to establish and implement a pharmaceutical and sharps waste stewardship program. The bill would impose various requirements, including submitting an initial stewardship plan, and an annual budget, annual report, and other specified information to CalRecycle.
9/30 – Approved by the Governor, Chapter 1004

SB 720 Allen D) Environmental education: California’s Environmental Principles and Concepts.    Sample Letter
Would express the findings and declarations of the Legislature that the state’s Environmental Principles and Concepts have been approved and embedded in specified curriculum frameworks to provide leadership to further specified goals of environmental literacy and environmental justice.
9/13Approved by the Governor, Chapter 374

SB 1263 Portantino) Ocean Protection Council: Statewide Microplastics Strategy.
This bill would require the Ocean Protection Council (OPC) to adopt and implement a Statewide Microplastics Strategy, related to microplastic materials that pose an emerging concern for ocean health, and to report on the implementation and findings, and on recommendations for policy changes or additional research, by 12/31/25.
9/20 – Approved by the Governor, Chapter 609

SB 1335 Allen D) Disposable food service packaging: State agencies and large state facilities.      Sample Letter
Would enact the Sustainable Packaging Act of 2018, which would prohibit a food service facility in a state agency or large state facility, after January 1, 2021, from dispensing prepared food using a type of food service packaging, unless it is reusable, recyclable, or compostable.
9/20 – Approved by the Governor, Chapter 610

SB 1422 Portantino) California Safe Drinking Water Act: Microplastics.     Sample Letter
This bill would require the State Water Resources Control Board to adopt a standard methodology to be used in the testing of drinking water for microplastics, and requirements for 4 years of testing and reporting of microplastics in drinking water, including public disclosure of those results.
9/20 – Approved by the Governor, Chapter 569

NCRA Supported Bills – Vetoed by Governor

AB 2908 Berman D) Tire recycling: California tire regulatory fee and waste tire program.     Sample Letter
Would require, until January 1, 2024, a retail seller of new tires, to pay a California Tire Regulatory Fee (CTRF) up to $1.00, for deposit in the Ca Tire Recycling Management Fund. Intentions are to increase tire recycling, support local infrastructure development, and reduce incentives to illegally dump waste tires. The bill would require the department to track revenue from the CTRF separately, and prohibit funds from being used for activities other than those specified.
9/30 – Vetoed by Govrnor. Consideration of veto pending.
8/27 – Assembly Floor Votes: Ayes 46, Noes 30, NVR 4
8/23 – Senate Floor Votes: Ayes 24, Noes 13, NVR 3

SB 452 Glazer D) The California Bottle Bill, Convenience Zone Exemptions.     Sample Letter
Current law authorizes CalRecycle to grant a convenience zone (CZ) an exemption from certain dealer and recycling center redemption requirements, based on certain factors. This bill, if there is a certified recycling center located within one mile of an unserved CZ, would require the department to grant that CZ an exemption from the redemption requirements, and would increase the total number of exemptions that may be granted from the current law 35% to 50% of the number identified as eligible.
9/30 – Vetoed by Governor.
8/31 – Senate Floor Votes: Ayes 37, Noes 1, NVR 2
8/29 – Assembly Floor Votes: Ayes 74, Noes 1, NVR 5

Additional CalRecycle Bills – Approved by Governor
The following are the six other CalRecycle Priority Bills approved by Gov. Brown, for which NCRA had not taken a position.

AB 1933 Maienschein R Greenhouse Gas Reduction Fund: recycling infrastructure projects.
CalRecycle administers a financial assistance grant program, to reduce emissions of greenhouse gases by projects to reduce organic waste or to process organic and other recyclable materials into new value-added products. This bill would additionally include projects for the recovery of food for human consumption and food waste prevention.
9/2 – Approved by the Governor.

AB 2097 Acosta R Carpet recycling: annual reports.
Current law requires a carpet manufacturer or carpet stewardship organization to demonstrate that it has achieved the amount and rates of recycling, and a reduction in disposal of postconsumer carpet subject to its stewardship plan. This bill would change the date for the annual report from July 1 to September 1 of each year.
9/11 – Approved by the Governor.

AB 2832 Dahle R Recycling: lithium-ion vehicle batteries: advisory group.
Would require the Lithium-Ion Car Battery Recycling Advisory Group to review and to submit policy recommendations to the Legislature aimed at ensuring that as close to 100% as possible of lithium-ion batteries in the state are reused or recycled at end-of-life in a safe and cost-effective manner.
9/27 – Approved by the Governor.

AB 3036 Cooley D Solid waste: byproducts from the processing of food or beverages
Would prohibit a county, city , district, or local governmental agency from subjecting the hauling of certain byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit.
9/27 – Approved by the Governor.

SB 875 Committee on Budget and Fiscal Review Public resources.
This bill would move the date to require a petition or resolution to be submitted to establish the Lower Los Angeles River Recreation and Park District, from prior to January 1, 2019, to prior to January 1, 2021.
9/17 – Approved by the Governor.

SB 1440 Hueso D Energy: biomethane: biomethane procurement.
Would require the Public Utilities Commission, with the Air Resources Board, to consider adopting specific biomethane procurement targets or goals for each gas corporation, and if adopted, to take certain actions to meet those targets or goals.
9/23 – Approved by the Governor.

NCRA Supported Bills – Failed in Legislature
Below are four Bills for which NCRA had written letters of support, that were delayed, withdrawn, or never passed both the Assembly and Senate. Some Bills may be revised and re-introduced in early 2019.

AB 2110 Eggman D Electronics: Right to Repair Act.
Would enact the Right to Repair Act. The bill would require the original equipment manufacturer of electronic equipment or parts to provide to independent repair providers and owners, certain parts, tools, and information, including diagnostic and repair information, for providing a fair marketplace for the repair of that equipment. The bill would require equipment or parts to be available for 5 years after the manufacturer ceases to manufacture them.
4/05 – Passed Rules: 8-0-3. 4/17 Privacy Hearing canceled by author. 4/27 Failed deadline.

AB 2379 Bloom D) Waste management: polyester microfibers.
Bill would require that clothing made from fabric that is more than 50% polyester bear a conspicuous label stating that the garment sheds plastic microfibers when washed, and recommending hand washing. After January 1, 2020 Bill prohibits sale of clothing, that is more than 50% polyester that does not bear that label.
4/24 – Passed Envr Safety & T.M. 5Y 2N. 4/30 Ordered to 3rd reading. 6/04 Ordered to Inactive File by Bloom.

AB 2779 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. This Bill would curb the proliferation of plastic beverage caps which litter in-lands, contribute to marine plastic pollution, and are hazardous to wildlife.
5/25 – Read 3rd time. 6/04 Ordered to Inactive File by Stone.

SB 168 Wieckowski D) Recycling: beverage containers.
Current law requires each glass container manufacturer to use a minimum percentage of 35% of postfilled glass in the manufacturing of its glass food, drink, or beverage containers. This bill would require CalRecycle, on or before January 1, 2023, to establish minimum content standards also for beverage containers that are constructed of metal, glass, or plastic, or other material, or any combination thereof.
8/31 – Read third time. Refused passage. (FAIL)
8/31 – Assembly Floor Votes: Ayes 29, Noes 30, NVR 21 (Fail)
8/28 – Assembly Natural Resources: Ayes 7, Noes 2, NVR 1 (Pass)
8/24 – Assembly Floor Votes (for amendment): Ayes 43, Noes 22, NVR 15 (Pass)