2018 Legislation

NCRA Support Recommendations for Cal Recycle’s Active Priority Bills, 2018

During this second half of the 2017-2018 California Legislative Session, as of 3/17/18, Cal Recycle lists 25 new Bills that have been introduced, 18 Assembly and 7 Senate. Below are abbreviated descriptions of each Bill. For fuller descriptions, further details and up-to-date status, see http://www.calrecycle.ca.gov/Laws/Legislation/PriorityRpt/.

NCRA has preliminary interests in selected Bills below. Those Bills marked with (*) exhibit promising language, but will require further examination for Zero Waste relevance. Bills marked with (**) are those that NCRA will or likely should write letters of support for. For NCRA’s “Letters of Support” status, occasionally visit www.ncrarecycles.org. Individuals are encouraged to share preferences, and also consider pursuit of other Bills that are worthy of support, but are beyond the purview of NCRA.

AB 1933 Maienschein R) Greenhouse Gas Reduction Fund: appropriations: recycling infrastructure projects.
Would appropriate $200 M from the Greenhouse Gas Reduction Fund to CalRecycle for both organic matter and recycling infrastructure projects, that reduce greenhouse gas emissions.

AB 1975 Chu D) Nuisance: odors
Would require CalRecycle to establish the South Bay Interagency Odor Taskforce, to identify sources of odor emissions and nuisance complaints received by the BAAQMD and the Cities of Milpitas, Fremont, Santa Clara, and San Jose. The Taskforce, no later than January 1, 2020, would take specified actions, including developing and implementing a protocol for joint inspections by the air district and the enforcement agency represented on the taskforce.

AB 1981 Limón D) Organic waste: composting
Current law requires Cal EPA, in coordination with CalRecycle, the Water Resources Control Board, the Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic matter from landfills by promoting composting and appropriate use of that compost throughout the state. This bill would correct an erroneous reference to the Secretary for Environmental Protection in the provision relating to ensuring proper coordination of regulations and goals.

AB 2097 Acosta R) Carpet recycling: annual reports
Current law requires a carpet stewardship organization to demonstrate that it has achieved the amount and rates of recycling, and a reduction in disposal of postconsumer carpet, and requires a manufacturer of carpet to submit a report describing its activities to achieve the purposes of the carpet stewardship laws. This bill would change the date by which the annual demonstration and the annual report are required to be completed from July 1 to September 1 of each year.

AB 2277 Mathis R) Solid waste: integrated waste management.
Would vest CalRecycle with the primary responsibility for the disposal of home-generated pharmaceutical waste, and in collaboration with other agencies, to adopt regulations for the incineration of such waste by solid waste facilities.

AB 2321 McCarty D) Solid waste: integrated waste management.
The California Integrated Waste Management Act of 1989, administered by CalRecycle, generally regulates the disposal, management, and recycling of solid waste. This bill would make nonsubstantive changes to legislative findings regarding solid waste management in the state.

AB 2379 Bloom D) Waste management: polyester microfiber. *
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. The bill would prohibit a person, on and after January 1, 2020, from selling or offering for sale clothing made from fabric that is more than 50% polyester that does not bear that label.

AB 2411 McCarty D) State Agency Buy Recycled Campaign: compost. *
Current law requires each state agency to ensure that, before January 1, 2020, at least 50% of reportable purchases are recycled products, and that after January 1, 2020, at least 75% of reportable purchases are recycled products, except at least 50% for paint, antifreeze, and tires. This bill would require each state agency to ensure that, on and after January 1, 2020, at least 50% of reportable purchases of soil or similar products are compost.

AB 2660 Quirk D) Hazardous waste: surplus household consumer products.
Bill would authorize a reverse distributor to receive a surplus household consumer product to evaluate for reuse, donation, transfer for credit, and other specified purposes. The Bill would authorize the transfer of the product for recycling or disposal only after evaluating for all of the other purposes.

AB 2676 Gipson D) Weighmasters: junk dealers and recyclers: licenses and renewals: additional applicable info.
Current law, until January 1, 2019, requires a recycler or junk dealer, who weighs, measures or counts a commodity, and issues a statement of sale or purchase, who is an applicant for a new weighmaster license or renewal, to furnish specified additional information on the application. This Bill would extend the requirement until January 1, 2024.

AB 2766 Berman D California Beverage Container Recycling and Litter Reduction Act: market development payments. **
Former law authorized CalRecycle, until January 1, 2018, (1) to annually expend up to $10 M to make market development payments to a certified recycling center, processor, or dropoff or collection program, or payments to a product manufacturer, for empty plastic beverage containers that are subsequently washed and processed into flake, pellet, or other form, for the manufacture of a plastic product, and (2) to expend additional amounts to make market development payments, calculated as provided. This bill would authorize the department to again expend those payment amounts until January 1, 2024.

AB 2779 Stone, Mark D) Recycling: single-use plastic beverage container caps. **
The California Integrated Waste Management Act of 1989 requires every rigid plastic packaging container, sold or offered for sale in this state, to generally meet one of specified criteria. 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.

AB 2832 Dahle R) Recycling and reuse: lithium-ion batteries.
Bill would require the Department of Toxic Substances Control (DTSC) to work collaboratively with specified state entities and stakeholders to identify approaches for the reuse or recycling of lithium-ion batteries from electric vehicles when the batteries are no longer suitable for their intended purposes, and to submit a report to the Legislature, on or before July 1, 2020. The bill would require the DTSC to develop a grant program to fund the development of recycling and reuse opportunities for these lithium-ion batteries.

AB 2908 Berman D) Tire recycling: California tire regulatory fee and waste tire program. **
Would require, until January 1, 2024, a waste tire generator that is a retail seller of new tires, to pay a California Tire Regulatory Fee (CTRF) and to remit that fee to the state for deposit in the California Tire Recycling Management Fund. The bill would require the department to track revenue from the CTRF separately, and would prohibit those funds from being used for activities other than those specified.

AB 2921 Low D) Service Packaging Recovery and Recycling Act. *
Would enact the Polystyrene Food Service Packaging Recovery and Recycling Act, which would authorize polystyrene food service packaging (PFP) manufacturers and polystyrene resin producers to form or designate an organization consisting of PFP manufacturers and resin producers, to be known as the Polystyrene Food Service Packaging Recycling Organization (PFSPRO).

AB 3036 Cooley D) Solid waste: definition.
The California Integrated Waste Management Act of 1989 generally regulates solid waste. This Bill would exclude from the definition of “solid waste” byproducts from processing food if intended for use as animal feed.

AB 3154 Rubio D) Litter: receptacles.
Current law requires litter receptacles to be placed in all public places in the state, as specified, and provides that any person owning or operating any establishment or public place in which litter receptacles are required to be placed shall procure, place, and maintain those receptacles at that person’s own expense on the premises. This bill would make nonsubstantive changes to this provision. 

AB 3178 Rubio D) Solid waste: recycling: diversion: green material.
The California Integrated Waste Management Act of 1989 requires to divert from disposal 50% of all solid waste through source reduction, recycling, and composting activities. Current law governs the use of solid waste as alternative daily cover in the construction and operation of a solid waste landfill, including the determination of whether that use and other beneficial reuse of solid waste constitutes diversion through recycling rather than disposal. This bill would delete obsolete provisions relating to the adoption of these regulations.

SB 71 Wiener D) Solid waste: disposal.
Current law allows treble damages or award a civil penalty against an unauthorized person removing recyclable material. This Bill, where a local government has authorized a solid waste enterprise, would subject an unauthorized person to these same damages for collecting,removing or transporting solid waste on residential, commercial or industrial premises.

SB 102 Committee on Budget and Fiscal Review)
Current law requires the Department of General Services to deposit revenues received from parking fees, at owned motor vehicle parking facilities, in the General Fund for the construction, operation, and maintenance of motor vehicle parking facilities, and thereby creates a continuously appropriated fund. This bill would authorize the department to enter into one or more leases, and other related agreements with the Capitol Area Development Authority (CADA) under which CADA will be responsible for developing a parking structure and retail space that is located on specified property located in the City of Sacramento.

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. The bill would require the department, on or before January 1, 2020, to provide to the Legislature a report on the establishment and implementation of an extended producer responsibility program to replace the current California beverage container recycling program.

SB 1048 Allen D) Environmental education: source reduction and recycling *
Would state the intent of the Legislature to enact legislation that would add information about composting, food waste reduction, and reduction in the use of single use disposable plastics to the Office of Education and the Environment’s education principles for the environment.

SB 1142 Skinner D) Recycling: beverage containers.
Current law establishes the “Bottle Bill”, which requires that every beverage container sold or offered for sale in this state have a minimum refund value. The act requires a beverage distributor to pay a redemption payment to CalRecycle for every beverage container, and requires the department to deposit those amounts in the California Beverage Container Recycling Fund. This bill would make nonsubstantive changes to the provision naming the act.

SB 1161 Stone R) Junk dealers and recyclers: payment for nonferrous material.
Current law prohibits a junk dealer or recycler from providing payment for nonferrous material unless the payment is made by cash or check, and provided no earlier than 3 days after the date of sale, and the dealer or recycler obtains a photograph or video of the seller, which is to be retained as part of the written record of purchases. Current law exempts those sellers of junk or recycling materials who conduct 5 or more separate transactions per month. This bill, instead, would require payment for the material to be made in the form of a donation to a nonprofit organization, unless the material is delivered by a junk dealer or recycler.

SB 1335 Allen D) Solid waste: disposable food service packaging: state agencies and large state facilities. *
Would enact the Sustainable Packaging Act of 2018, which would prohibit a food service facility in a state agency or large state facility, on and after January 1, 2021, from using disposable food service packaging, unless it is accepted for recovery, and it has been demonstrated that the type of disposable packaging is recovered for recycling or composting at a rate of 75% or more.