2019 Legislation

NCRA Supported Bills – – 2019-2020 Legislative Session

During this first half of the 2019-2020 California Legislative Session, CalRecycle had introduced 31 new Bills, 23 Assembly and 8 Senate. For fuller descriptions, further details and up-to-date status, see http://www.calrecycle.ca.gov/Laws/Legislation/PriorityRpt/.

Immediately below is an abbreviated description of each Bill for which NCRA had written letters of support. Afterward are 10 additional Bills of interest to CalRecycle and CAW, that are still active. Included within the status of each Bill is the Floor vote, to provide an indication of favor-ability and likelihood of passage among legislators.

NCRA Active Bills

There were 9 Assembly Bills which survived the Floor vote, and have moved onto the Senate. There were two redundant Senate Bills that have also moved onto the Assembly.

AB 142 Garcia, Cristina D Lead-acid batteries.          Sample Letter
The Lead-Acid Battery Recycling Act of 2016 requires, until March 31, 2022, a manufacturer battery fee of $1 each lead-acid battery it sells. This bill would, on and after April 1, 2022, increase the amount of the manufacturer battery fee to $2 and would provide that the fee would continue indefinitely.
06/06/19 – Referred to Coms. on EQ. and GOV. & F
05/24/19 Pass Asm Floor Ayes 54, Noes 17, NVR 9

AB 161 Ting D Electronic Proofs of purchase “Skip the Slip” paper receipts on request.          Sample Letter
This bill, on and after January 1, 2022, would require a business to provide a paper proof of purchase to a consumer only at the consumer’s option, making electronic receipts the default. Currently, 10 million trees and 21 billion gallons of water are used to create paper receipts, which generate 686 million pounds of waste and 12 billion pounds of carbon dioxide.
06/06/19 Referred to Coms. on JUD. and EQ.
05/23/19 Pass Asm Floor Ayes 43, Noes 24, NVR 13

AB 614 Eggman D Income Tax Credits Food Banks          Sample Letter
This bill, would expand the “Farm to Food Bank” tax credit to apply to the donation of qualified raw agricultural products or processed foods. The bill would expand the definition of qualified taxpayer to include the person responsible for growing or raising a qualified donation item, or harvesting, packing, or processing a qualified donation.
06/06/19 Referred to Com. on GOV. & F.
05/23/19 Pass Asm Floor Ayes 78, Noes 0, NVR 2

AB 619 (Chiu) Reusable containers: multiuse utensils.          Sample Letter
Allows bring-your-own reusable food and beverage containers at restaurants and temporary events. Existing law requires returned empty containers to be cleaned and refilled by an employee of the food facility, or by the owner of the container, provided the dispensing system includes a contamination-free transfer process. This bill would instead provide that clean consumer-owned containers may be filled by either the employee or the owner of the container.
06/06/19 From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 5).
04/11/19 Pass Asm Floor Ayes 72, Noes 0, NVR 8

AB 792 Ting D Recycling: plastic beverage containers: Minimum recycled content.          Sample Letter
Bill would require a plastic container filled by a beverage manufacturer, to contain specified amounts of postconsumer recycled plastic content, pursuant to a tiered plan, starting at 25% in 2021 and increasing incrementally thereafter, to no less than 75% content by January 1, 2030. (AB 792 is similar to last year’s SB 168).
06/06/19 – Referred to Com. on EQ.
05/23/19 Pass Asm Floor Ayes 50, Noes 15, NVR 15

AB 827 McCarty D Solid waste: commercial and organic waste: recycling bins.          Sample Letter
Current law requires a business that generates 4 cubic yards or more of commercial solid waste (AB 341) or 8 cubic yards or more of organics (AB 1826) per week, to arrange for recycling services. This bill would require such a business to provide customers with bins that are visible, easily accessible, and clearly marked with educational signage, as specified. (new) The bill would exempt full-service restaurants from its requirements.
06/10/19 – Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
05/09/19 Pass Asm Floor Ayes 55, Noes 9, NVR 16

AB 1080 Gonzalez D California Circular Economy and Plastic Pollution Reduction Act.          Sample Letter
Would enact the California Circular Economy and Plastic Pollution Reduction Act, which would establish the policy goal of the state that, by 2030, manufacturers and retailers achieve a 75% reduction of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting. The bill would require a manufacturer to demonstrate a recycling rate of not less than 20% by 2022, and not less than 40% by 2026. (See also SB 54) 05/30/19 – Read third time. Passed. In Senate. Read first time. To Com. on RLS. for assignment.
05/30/19 Pass Asm Floor Ayes 44, Noes 19, NVR 17

AB 1509 Mullin D Solid waste: lithium-ion batteries.          Sample Letter
Would establish the Lithium-Ion Battery Recycling Program in CalRecycle, to maintain a list, including both loose batteries as well as ones embedded in products. Segregating them from our waste stream will reduce the number of improperly disposed of Li-ion batteries entering the waste stream. This would help protect the workers and infrastructure of material recovery facilities (MRFs), transfer stations, collection trucks, and landfills from catastrophic fires.
06/06/19 – Referred to Com. on EQ.
05/23/19 Pass Asm Floor Ayes 63, Noes 0, NVR 17

AB 1718 (Levine) Smoking ban for State Parks and Beaches          Sample Letter
This bill would make it an infraction for a person to smoke, or to dispose of used cigar or cigarette waste, on a state coastal beach or in a unit of the state park system. The bill would require the dept to develop and post signs at the main entrances to provide notice of the smoking prohibition. (See also SB 8)
06/06/19 Referred to Com. on N.R. & W.
05/23/19 Pass Asm Floor Ayes 57, Noes 19, NVR 4

SB 8 (Glazer) Smoking ban for State Parks and Beaches
This bill would make it an infraction, punishable by a fine of up to $25, for a person to smoke on a state coastal beach, or in a unit of the state park system, or to dispose of used cigar or cigarette waste, unless the disposal is made in an appropriate waste receptacle. (See also AB 1718 )
06/03/19 Referred to Com. on W., P., & W.
05/23/19 Pass Sen Floor Ayes 28, Noes 10, NVR 0

SB 54 Allen D California Circular Economy and Plastic Pollution Reduction Act.          Sample Letter
Would enact the California Circular Economy and Plastic Pollution Reduction Act, which would establish the policy goal of the state that, by 2030, manufacturers and retailers achieve a 75% reduction of the waste generated from single-use packaging and products offered for sale or sold in the state through source reduction, recycling, or composting. (See also AB 1080 )
06/06/19 – Referred to Com. on NAT. RES.
05/29/19 Pass Sen Floor Ayes 28, Noes 8, NVR 2

NCRA Inactive Bills

The following are 3 Bills for which NCRA has written letters of support, however did not emerge from the chamber of origin, and possibly will be re-introduced in 2020.

AB 238 Santiago D Unlicensed automobile dismantlers: Enforcement and compliance activities
Current law, until January 1, 2020, requires the DMV to collaborate with specified state agencies to review and coordinate enforcement and compliance activity related to unlicensed and unregulated automobile dismantling, including resulting tax evasion, environmental impacts, and public health impacts. This bill would extend the review and coordination requirement to January 1, 2023.
05/17/19 – Failed Deadline

AB 794 Ting D Beverage container recycling: Report to the Legislature.
Would require CalRecycle to conduct a study on the changes to the international recycling market since January 1, 2018, and provide, by January 1, 2021, recommendations to the Legislature on how to foster more recycling of beverage container materials within the state.
05/17/19 – Failed Deadline

SB 724 Stern D The California Beverage Container Recycling and Litter Reduction Act.
Current law limits the number of exemptions that may be granted to 35% of the total number of convenience zones identified as a certified recycling center located within one mile of an unserved convenience zone. This bill would increase the total number of exemptions that may be granted to 50%.
05/16/19 – May 16 hearing: Held in committee and under submission.

Additional Active Bills

The following are additional bills that have passed the Floor vote by 5/31/19, and have thus moved onto the alternate legislative chamber.

AB 187 Garcia, Cristina D Used Mattress Recovery and Recycling Act.
This bill would implement a series of changes to the Used Mattress Recovery and Recycling Act in response the legislative audit conducted last year, including requiring the organization to include additional specified information and goals, budget, and annual reports, and require the advisory committee to prepare written recommendations for the organization.
06/06/19 – From committee chair, with author’s amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ.
05/09/19 Pass Asm Floor Ayes 75, Noes 0, NVR 5

AB 729 Chu D Carpet recycling: carpet stewardship.
Current law imposes a carpet stewardship assessment per unit of carpet sold in the state that is remitted by carpet manufacturers to the carpet stewardship organization and may be expended to carry out the organization’s carpet stewardship plan. This bill would require a carpet stewardship organization to include in the carpet stewardship plan a contingency plan should the carpet stewardship plan expire without approval of a new carpet stewardship plan or should the carpet stewardship plan be revoked.
05/29/19 – Referred to Coms. on EQ. and JUD.
05/22/19 Pass Asm Floor Ayes 58, Noes 17, NVR 5

AB 793 Ting D Solid waste: biomass
The California Integrated Waste Management Act of 1989, defines “biomass conversion” to mean the production of heat, fuels, or electricity by the controlled combustion of, or the use of other noncombustion thermal conversion technologies on, specified materials when separated from other solid waste. This bill would revise that definition of “biomass conversion” and would define “biomass” for purposes of the act. The bill would also update cross references to those definitions.
05/16/19 – Referred to Com. on EQ.
05/06/19 Pass Asm Floor Ayes 77, Noes 0, NVR 3

AB 1162 Kalra D Lodging establishments: personal care products: small plastic bottles.
This bill, commencing January 1, 2023, for lodging establishments with more than 50 rooms, and January 1, 2024, for establishments with 50 rooms or less, would prohibit the distribution of single use toiletries (shampoo, conditioner, lotion).
05/30/19 – In Senate. Read first time. To Com. on RLS. for assignment.
05/29/19 Pass Asm Floor Ayes 50, Noes 24, NVR 6

AB 1583 Eggman D The California Recycling Market Development Act.
Given the curtailment of overseas recycling markets, AB 1583 would reauthorize existing, and create new recycling infrastructure development programs, including sales tax exemptions, low interest loans, and new incentive payment programs. This bill will facilitate a commission of private and public sector recyclers to develop strategies for education and to promote the product design for recyclability. For all rigid plastic containers having a numeric resin code within a triangle, this Bill would delete the chasing arrows comprising the triangle.
05/30/19 – In Senate. Read first time. To Com. on RLS. for assignment.
05/29/19 Pass Asm Floor Ayes 78, Noes 0, NVR 2

AB 1770 Frazier D Tire recycling program: rubberized pavement.
Existing law establishes the Rubberized Pavement Market Development Act (RPMDA) and requires the department, in accordance with the tire recycling program, to award grants for certain public agency projects that utilize rubberized asphalt concrete. Existing law makes the Rubberized Pavement Market Development Act inoperative on. This bill would extend the operation of the (RPMDA) from June 30, 2019 to June 30, 2024.
06/06/19 – Referred to Com. on EQ.
05/23/19 Pass Asm Floor Ayes 78, Noes 0, NVR 2

SB 405 Archuleta D Solid waste: reclaimed asphalt pavement: pilot project: the County of Los Angeles.
Would require the Department of Public Works of the County of Los Angeles to create a pilot project to demonstrate the viability of paving streets, roads, and highways with hot mix asphalt that is composed of between 85% and 100% reclaimed asphalt pavement (RAP). The bill would require a final report to be submitted to the Department of Transportation, specified committee chairs, and the Governor’s office.
06/10/19 – Referred to Com. on TRANS.
05/28/19 Pass Sen Floor Ayes 38, Noes 0, NVR 0

SB 409 Wilk R Illegal dumping.
Current law makes it unlawful to dump waste matter, including rocks, concrete, asphalt and dirt, in certain locations, such as upon a public or private highway or road, upon private property without the consent of the owner, or in or upon a public park or other public property. This bill would make it a crime to transport such waste matter, for the purpose of dumping it in the locations described above.
05/16/19 – Referred to Com. on PUB. S.
05/02/19 Pass Sen Floor Ayes 38, Noes 0, NVR 0

SB 667 Hueso D Greenhouse Gases: Recycling infrastructure and Facilities (GGRF).
Would require CalRecycle to develop a 5-year investment strategy, including loans and incentive payments, to fund organic waste diversion and recycling infrastructure, and support technological development, in order to meet specified targets.
06/06/19 – Referred to Com. on NAT. RES.
05/23/19 Pass Sen Floor Ayes 38, Noes 0, NVR 0

SB 726 (Caballero) Household Hazardous Waste Reuse.
Existing law authorizes a public agency to conduct a materials exchange program as a part of its household hazardous waste (HHW) collection program, if the agency determines which reusable products or materials are suitable and acceptable for distribution to the public, in accordance with a quality assurance plan. This bill would allow local HHW programs to hold materials on site for reuse by customers if they are provided with proper instructions.
05/30/19 Referred to Com. on E.S. & T.M.
05/09/19 Pass Sen Floor Ayes 38, Noes 0, NVR 0