2019 Legislative Summary

2019 California Legislature – Year End Summary

During this first half of the 2019-2020 California Legislative Session, CalRecycle had introduced 31 new Bills, 23 Assembly and 8 Senate. During the course of 2019, NCRA had written or co-signed letters of support for 21 Bills (19 unique). Of these, 11 Bills had passed both houses of the Legislature, for which NCRA had sent Letters to Gov. Newsom urging his signature. He eventually approved 11 Bills, vetoed one, and returned one as redundant. The remaining 8 Bills (7 unique) did not pass out of one or both houses of the Legislature.

NCRA Supported Bills – Approved by Governor and Enacted

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.
10/13  Approved, Chapter 860

AB 187 Garcia, Cristina D Used Mattress Recovery and Recycling Act.     Sample Letter
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.
10/09  Approved, Chapter 673

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.
10/02  Approved – Chapter 431

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.
07/12 Approved, Chapter 93

AB 729 Chu D Carpet recycling: carpet stewardship.     Sample Letter
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.
10/09  Approved, Chapter 680

AB 815 Aguiar-Curry D Dual stream recycling and household hazardous waste programs.     Sample Letter
Current law requires a city, county, or regional agency to submit an annual report to CalRecycle summarizing its progress in reducing solid and household hazardous waste. This bill would require CalRecycle to consider whether a jurisdiction has adopted a dual stream recycling program, when considering if the jurisdiction has made a good faith effort to implement its source reduction and recycling element or household hazardous waste element.
08/30  Approved, Chapter 182

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.
10/02  Approved, Chapter 441

AB 1162 Kalra D Lodging establishments: personal care products: small plastic bottles.     Sample Letter
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).
10/09  Approved, Chapter 687

AB 1583 Eggman D The California Recycling Market Development Act.     Sample Letter
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.
10/09  Approved, Chapter 690

SB 8 (Glazer) Smoking ban for State Parks and Beaches     Sample Letter
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 )
10/11  Approved, Chapter 761

SB 726 (Caballero) Household Hazardous Waste Reuse.     Sample Letter
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.
10/02  Approved, Chapter 485

Vetoed or Returned by Governor

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).
05/23/19 Pass Asm Floor Ayes 50, Noes 15, NVR 15.
09/20 Enrolled.
10/12 Vetoed by Governor.

AB 1718 (Levine) Smoking ban for State Parks and Beaches.      Sample Letter
10/11 – I am returning Assembly Bill 1718 without my signature. This bill prohibits smoking or disposing of used cigar or cigarette waste on a state coastal beach or in a unit of the state park system. This bill is unnecessary as it is duplicative of Senate Bill 8 by Senator Glazer, which I signed.
Sincerely,  Gavin Newsom

NCRA Supported Bills – Inactive

The following are 8 Bills (7 unique) for which NCRA had written letters of support, however did not emerge from the legislature, and possibly will be re-introduced in 2020.

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.
05/23/19 Pass Asm Floor Ayes 43, Noes 24, NVR 13
08/30  In Appr Committee. Held under submission

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

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 Pass Asm Floor Ayes 44, Noes 19, NVR 17
09/14 Ordered to inactive file at the request of Senator Bradford

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.
05/23/19 Pass Asm Floor Ayes 63, Noes 0, NVR 17
06/25 In Appr Committee. Hearing postponed by committee.

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 )
05/29/19  Pass Sen Floor Ayes 28, Noes 8, NVR 2.
09/12  Read second time. Ordered to third reading.

SB 667 Hueso D Greenhouse Gases: Recycling infrastructure and Facilities (GGRF).     Sample Letter
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.
05/23 Pass Sen Floor Ayes 38, Noes 0, NVR 0
08/30 Hearing postponed by Appr Committee.

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.