2016 Legislative Summary

NCRA SUPPORT OF CAL RECYCLE’S PRIORITY BILLS, 2016 SUMMARY

The second year of the 2015-2016 California Legislative Session began with 36 new Bills of interest to the California Department of Resources Recycling and Recovery (DRRR), or “CalRecycle” including 23 Assembly Bills and 13 Senate Bills, plus 3 carryover Bills from 2015 for 39 total.

The 2016 Session ended with 41 CalRecycle Priority Bills, including 29 Assembly Bills and 12 Senate Bills. Of these, Governor Brown signed into law 20 Bills, including 14 Assembly Bills and 6 Senate Bills.

NCRA Supported Bills – Signed Into Law

Below is a brief summary of 5 Assembly Bills and 4 Senate Bills, for which NCRA had written letters to Gov. Brown, urging his signature. Of these 9 Bills, 8 were passed by the Governor, and have been “Chaptered” by the Secretary of State, within the designated Chapter, Statutes of 2016. Only SB 778 was vetoed by the Governor. For further descriptions and details, visit CalRecycle Current Priority Bills.

AB 1005 Gordon D) CA Beverage Container Recycling Center Payments  Generic Support Letter (MS-Word)
Postpones, for five years, the repeal of the current $10 M annual fund for recycling of empty plastic beverage containers, including redemption centers, from 1/01/17 until 1/01/22. Current law authorizes CalRecycle to make market development payments to a recycling center, processor, dropoff or collection program, or to a product manufacturer, for empty plastic beverage containers that are subsequently washed and processed into flake, pellet, or other form, and made usable for the manufacture of a plastic product.
Chaptered 9/22, Statutes Ch 442.

AB 1419 Eggman D) Hazardous Waste: Cathode Ray Tube Glass  Generic Support Letter (MS-Word)
AB 1419 will provide that used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass that exceeds the total threshold limit concentration only for barium, is not a waste and is not subject to regulation by the department if that panel glass meets certain requirements. Current law requires the Department of Toxic Substances Control to regulate the management and disposal of hazardous waste, which exceeds certain total threshold limitation concentrations for various substances, including barium.

Chaptered 9/22, Statutes Ch 445.

AB 2396 McCarty D) Solid Waste: Annual Reports  Generic Support Letter (MS-Word)
Current law requires each state agency to submit an annual report to CalRecycle summarizing its progress in reducing solid waste. AB 2396 will require that the annual report to include a summary of the state agency’s compliance with specified requirements relating to recycling commercial solid and organic materials.
Chaptered 9/22, Statutes Ch 466.

AB 2530 Gordon D) Recycling: Beverage Containers: Postconsumer Recycled Content  Generic Support Letter (MS-Word)
AB 2530 will require a manufacturer of a plastic beverage container, subject to California Redemption Value (CRV), to report annually to CalRecycle, under penalty of perjury, the amount of virgin plastic and the average percentage of postconsumer recycled content from the previous year, subject to 3rd party certification. Plastic beverage containers must be clearly labeled as such.

Chaptered 9/30, Statutes Ch 861.

AB 2812 Gordon D) Solid Waste Recycling: State Agencies & Large Facilities: Adequate Receptacles  Generic Support Letter (MS-Word)
AB 2812 will require CalRecycle, by July 1, 2017, to develop guidance for collecting and recycling recyclable materials in office buildings of state agencies and large state facilities, except for community college districts or their campuses. By July 1, 2018, each state office building and large facility must provide adequate receptacles, signage, education, and staffing for storage and scheduled collection of recyclable materials, consistent with specified law.
Chaptered 9/23, Statutes Ch 530.

SB 970 Leyva D) Organic Food Waste Diversion  Generic Support Letter (MS-Word)
SB 970 will require CalRecycle, in the awarding of financial assistance grants for organics composting or anaerobic digestion, to consider among other things, the amount of Greenhouse Gas emissions reductions that may result, and the amount of organic material that may be diverted from landfills. The grant program uses certain GHG Reduction Fund monies under current law to promote development of infrastructure to encourage cost-effective and efficient integrated organic food waste diversion projects, and to process organic and other recyclable materials into new, value-added products.

Chaptered 9/17, Statutes Ch 365.

SB 1229 Jackson D) Home Generated Pharmaceuticals: Secure Drug Take-back Bins  Generic Support Letter (MS-Word)
SB 1229 requires a pharmacy, with a secure drug take-back bin, to take specified steps, including regular inspections of surroundings for potential tampering or diversion, to ensure the health and safety of consumers and employees, and to ensure the proper disposal of home-generated pharmaceutical waste contained in the bins. The owner would not be liable for civil damages, or subject to criminal prosecution.
Chaptered 8/29, Statutes Ch 238.

SB 1383 Lara) Short Lived Climate Pollutants  Generic Support Letter (MS-Word)
SB 1383 requires the State Air Resources Board to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, and no later than January 1, 2018, to approve and begin implementing that strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon, by 50% below 2013 levels by 2030. The bill also establishes specified targets for the diversion from landfill of edible food, and organic materials to be better utilized as soil amendments.
Chaptered 9/19, Statutes Ch 395.

NCRA Supported Bill – Vetoed

SB 778 Allen D) Automotive Repair: Oil Changes: Notification to Customers  Generic Support Letter (MS-Word)
Bill would require an automotive repair dealer to notify an oil change customer of the recommended oil drain interval, oil grade, and viscosity specified in the owner manual, and the specified oil drain interval for the next oil change.
Status: Vetoed by Governor 9/30.
Note: A two-thirds vote of each house is necessary to override the veto and make the bill become law.

NCRA Supported Bills – Failed in Legislature

There had been 4 additional Bills for which NCRA had written letters of support to members of the legislature, but never progressed through both houses to reach the Governor’s desk:

AB 1239 Gordon D) Tire Recycling: CA Tire Regulatory Fee and Waste Tire Program
This bill would create a regulatory fee up to $1.00 per new tire sold, for a program fund towards providing incentive payments to increase the state’s stagnant used tires recycling rate, and allow recyclers to compete with disposal, export, and illegal dumping alternatives.

AB 1577 Eggman D) Income Taxes: Credits: Food Bank Donations
Would define a qualified taxpayer to also include the person responsible for growing, raising, harvesting, packing, or processing a qualified donation item. The bill would modify the credit amount to instead equal 15% of the qualified value, but not less than an amount that would be allowed under existing law.

AB 1683 Eggman D) Alternative Energy Financing: Sales and Use Tax Exclusions
Bill doubles the $100M allocation of AB 199, enacted 2015, which expands projects eligible for the sales and use tax exclusion to include projects that process or utilize recycled feedstock.

AB 2725 Chiu D) Standardization of Food Date Labels
Bill 2725 would create standard statewide guidelines for food date labels that are accurate and relate to freshness and safety.

Remainder of CalRecycle Bills – Signed Into Law

Below is a list CalRecycle’s 12 other Priority Bills that were signed into law, which NCRA had not taken any position on. For details, see: CalRecycle Current Priority Bills.

AB 133 Committee on Budget) Budget Act of 2015.
AB 1103 Dodd D) Solid waste disposal: self-haulers.
AB 1613 Committee on Budget) Budget Act of 2016.

AB 1669 Hernandez D) Displaced employees: service contracts: collection and transportation of solid waste.
AB 1817 Stone D) Solid waste: garbage and refuse disposal districts: board of directors.
AB 1858 Santiago D) Automobile dismantling: task force.
AB 2153 Garcia D) The Lead-Acid Battery Recycling Act of 2016.
AB 2313 Williams D) Renewable natural gas: monetary incentive program for biomethane projects: pipeline infrastructure.
AB 2511 Levine D) Fertilizing materials: auxiliary soil and plant substances: biochar.
SB 423 Bates R) Surplus household consumer product waste: management.
SB 859 Committee on Budget and Fiscal Review) Public resources: greenhouse gas emissions and biomass.
SB 1000 Leyva D) Land use: general plans: safety and environmental justice.