2021 California Legislature – – Year End Summary
During this first half of the 2021-2022 California Legislative Session, during March, CalRecycle had started with 85 Priority Bills, including 62 Assembly Bills, one Assembly Joint Resolution, and 22 Senate Bills. The Clean Seas Lobby Coalition had started with 62 Priority Bills.
At the conclusion of the 2021 Legislature on 9/10/21, 13 Bills which NCRA supported, had successfully passed both the Assembly and Senate, and were sent to the Governor’s Office. All, except for SB 244, were approved by Governor Newsom and enacted.
NCRA Supported Bills – Approved by Governor and Enacted (12) – Summary
1. Clean Seas Lobby Coalition’s Priority Bills are denoted with (*)
2. CalRecycle’s Priority Bills are denoted with (**)
Circular Economy (6)
AB 818 Bloom D Solid waste: Premoistened nonwoven Disposable wipes. *
AB 881 Gonzalez, Lorena D Plastic waste: Diversion: Recycling: Export. * **
AB 962 Kamlager D Reusable beverage containers. * **
AB 1201 Ting D Plastic products: Labeling: Compostability and biodegradability. * **
AB 1276 Carrillo D Single-use food accessories and service ware. * **
SB 343 Allen D Environmental advertising: recycling symbol. * **
Climate & Safety (4)
AB 680 Burke D Greenhouse Gas Reduction Fund: California Jobs Plan Act of 2021. **
AB 1200 Ting D Plant-based food packaging: Cookware: Hazardous chemicals. *
AB 1261 Burke D State Air Resources Board: Greenhouse gas emissions: Incentive programs. **
SB 27 Skinner D Carbon sequestration: Natural and working lands: Registry of projects. **
NCRA Supported Bill – Vetoed by Governor (1)
Additional Priority Bills of CalRecycle (NCRA Considered) (3)
AB 39 Chau D California-China Climate Institute. 9/23 – Approved by Governor, Chapter 237
AB 1035 Salas D Department of Transportation and local agencies: streets and highways: recycled materials. 10/08 – Vetoed by Governor
AB 1311 Wood D Recycling: beverage containers. 10/06 – Approved by Governor, Chapter 506
Additional – Priority Bills of the Sierra Club (NCRA Considered) (3)
AB 896 (Bennett) Idle Gas and Oil Wells: liens and collections. 10/11 – Approved by Governor, Chapter 896
SB 1 (Atkins) Coastal Resources: Sea Level Rise. 09/24 – Approved by Governor, Chapter 236
SB 47 (Limon) Oil and Gas: Remediating Deserted Wells: Expenditure limitations. 09/24 – Approved by Governor, Chapter 238
NCRA Supported Bills – Approved by Governor and Enacted (12) – Details
AB 818 Bloom D Solid waste: premoistened nonwoven disposable wipes. Sample Letter
This bill would require, except as provided, certain premoistened nonwoven disposable wipes manufactured on or after July 1, 2022, to be labeled clearly and conspicuously with the phrase “Do Not Flush” and a related symbol, as specified. The bill would prohibit a covered entity, as defined, from making a representation about the flushable attributes, benefits, performance, or efficacy of those premoistened nonwoven disposable wipes, as provided. The bill would establish enforcement provisions, including authorizing a civil penalty not to exceed $2,500 per day, up to a maximum of $100,000 per violation, to be imposed on a covered entity who violates those provisions.
8/30 – Sen Floor Votes: 39-0-1
9/01 – Asm Floor Votes: 76-0-3
10/07 – Chapter 590
AB 881 Gonzalez, Lorena D Plastic waste: diversion: recycling: export. Sample Letter
The California Integrated Waste Management Act of 1989, which is administered by CalRecycle, requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions. This bill would make the export out of the country of a mixture of plastic wastes “disposal” for purposes of the act, unless the mixture includes only certain plastics destined for separate recycling and satisfies other specified requirements, in which case that export would constitute diversion through recycling. These provisions would not apply to exports to Canada or Mexico pursuant to a trade agreement.
8/23 – Sen Floor Vote: 37-0-3 (Ayes-Noes-NVR)
9/01 – Asm Floor Vote 78-0-1
10/06 – Chapter 501
AB 962 Kamlager D Reusable beverage containers.
The California Beverage Container Recycling and Litter Reduction Act requires CalRecycle to certify processors and requires certified processors to comply with specified requirements for operation, including, among others, taking the actions necessary and approved by the department to cancel containers to render them unfit for redemption. A violation of the act is an infraction. This bill would authorize, for a reusable beverage container, a processor approved by the department to handle reusable beverage containers to satisfy those operation requirements by transferring the reusable beverage container to a washer approved by the department.
9/08 – Sen Floor Votes: 38-0-2
9/09 – Asm Floor Votes: 77-0-3
10/06 – Chapter 502
AB 1201 Ting D Plastic products: Labeling: Compostability and biodegradability. Sample Letter
Would prohibit a person from selling a plastic product that is labeled with the term ‘compostable,’ ‘home compostable,’ or ‘soil biodegradable’ unless the product meets specified standards and satisfies specified criteria. The bill would authorize the Department of Resources Recycling and Recovery to adopt regulations for plastic product labeling to ensure that plastic products labeled ‘compostable’ or ‘home compostable’ are clearly distinguishable from noncompostable products upon quick inspection by consumers and solid waste processing facilities.
05/28 – Asm Floor Vote: 77-0-2.
10/06 – Chapter 504
AB 1276 Carrillo D Single-use food accessories and service ware.
Would prohibit a food facility or a third-party food delivery platform, as specified, from providing any single-use food accessories, as defined, to consumers unless requested by the consumer and, commencing on January 1, 2023, would prohibit a full-service restaurant that has adequate dishwashing capacity to sanitize reusable service ware from providing single-use service ware to consumers except under specified conditions. The bill would require enforcement of these prohibitions by officers of an agency that the bill would require each city, county, or city and county governing body to select on or before June 1, 2022.
9/08 – Sen Floor Votes: 28-10-2
9/09 – Asm Floor Votes: 58-15-7
10/06 – Chapter 505
SB 343 Allen D Environmental advertising: Recycling symbol. Sample Letter
Current law declares that it is the public policy of the state that environmental marketing claims, whether explicit or implied, should be substantiated by competent and reliable evidence to prevent deceiving or misleading consumers about the environmental impact of plastic products and that, for consumers to have accurate and useful information about the environmental impact of plastic products, environmental marketing claims should adhere to uniform and recognized standards. This bill would further declare that it is the public policy of the state that claims related to the recyclability of a plastic product be truthful and that consumers deserve accurate and useful information related to how to properly handle the end of life of a plastic product.
9/08 – Asm Floor Votes: 50-3-27
9/09 – Sen Floor Votes: 29-7-4
10/06 – Chapter 507
Climate & Safety
AB 680 Burke D Greenhouse Gas Reduction Fund: California Jobs Plan Act of 2021 Sample Letter
Would enact the California Just Transition Act, which would require the Labor and Workforce Development Agency to work with the state board to update, by July 1, 2023, the funding guidelines for administering agencies to ensure that all applicants to grant programs funded by the Greenhouse Gas Reduction Fund meet specified standards, including fair and responsible employer standards and inclusive procurement policies, as defined. The bill would require administering agencies to give preference to applicants that demonstrate a partnership with an educational institution or training program targeting residents of disadvantaged, tribal, and low-income communities.
9/10 – Sen Floor Votes: 27-7-6
9/10 – Asm Floor Votes: 61-14-5
10/11 – Chapter 746
AB 1200 Ting D Plant-based food packaging: Cookware: Hazardous chemicals. Sample Letter
Would prohibit, beginning January 1, 2023, any person from distributing, selling, or offering for sale in the state any food packaging that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined. The bill would require a manufacturer to use the least toxic alternative when replacing PFAS chemicals. The bill would define “food packaging,” in part, to mean a nondurable package, packaging component, or food service ware that is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.
9/03 – Sen Floor Votes: 36-0-4
9/07 – Asm Floor Votes: 60-0-20
10/06 – Chapter 503
AB 1261 Burke D Air Resources Board: Greenhouse gas emissions: Incentive programs. Sample Letter
Would require the State Air Resources Board, to establish specified processes to assist the state in achieving its greenhouse gas emissions reduction goals, including a process to identify any overlap among its incentive programs that share the same objectives and a process to define, collect, and evaluate data on the behavioral changes that result from each of its incentive programs. The bill would require the State board to use the information collected to refine the greenhouse gas emissions estimates for each of its incentive programs in its annual reports to the Legislature, its funding plans, and any long-term planning documents or reports. The bill would require the state board to develop a process to define, collect, and evaluate data that will translate to metrics demonstrating the socioeconomic benefits that result from each of its incentive programs, and to use this data to make funding and design recommendations in its annual reports and funding plans.
9/08 – Sen Floor votes: 38-0-2
9/09 – Asm Floor Votes: 79-0-1
10/11 – Chapter 714
SB 27 Skinner D Carbon sequestration: Natural and working lands: Registry of projects. Sample Letter
Would require, no later than July 1, 2022, the Natural Resources Agency, in coordination with the California Environmental Protection Agency, the State Air Resources Board, and the Department of Food and Agriculture, to establish carbon sequestration goals for natural and working lands, as provided. The bill would require the state board, as part of its scoping plan, to establish specified carbon dioxide removal targets for 2030 and beyond.
9/02 – Asm Floor Votes: 75-0-4
9/03 – Sen Floor Votes: 34-4-2
9/23 – Chapter 237
Campaign Finance Reform
AB-319 (Valladares D) Political Contributions: Foreign governments or principals. Sample Letter
The Political Reform Act of 1974, prohibits a foreign government or principal from making a contribution or expenditure in connection with a ballot measure, and also prohibits a person or committee from soliciting or accepting a contribution from a foreign government or principal for this purpose. This bill would expand this prohibition to include contributions and expenditures in connection with an election of a candidate to state or local office.
5/06 – Asm Floor Vote: 77-0-1
8/30 – Sen Floor Vote: 39-0-1
9/28 – Chapter 313
SB 686 (Glazer D) Campaign disclosure: Limited liability companies. Sample Letter
This bill would require a limited liability company (LLC) that qualifies as a committee or a sponsor of a committee to file a statement of members with the Secretary of State. The bill would require the statement of members to include certain information about the LLC, including a list of all persons who have a membership interest in the LLC of at least 10% or who made a cumulative capital contribution of at least $10,000 to the LLC after it qualified as a committee or sponsor of a committee, or within the 12 months before it qualified.
9/09 – Asm Floor Vote: 59-17-4
9/10 – Sen Floor Vote: 28-6-6
9/27 – Chapter 321
NCRA Supported Bill – Vetoed by Governor (1)
SB 244 Archuleta D Lithium-ion batteries: Illegal disposal: Fire prevention. ** Sample Letter
Would prohibit a person from knowingly disposing of a lithium-ion battery in a container or receptacle that is intended for the collection of solid waste or recyclable materials, unless the container or receptacle is designated for the collection of batteries for recycling, as provided.
9/02 – Asm Floor Votes: 76-0-3
9/03 – Sen Floor Votes: 38-0-2
10/07 – Vetoed by Governor
Governor Newsom has stated in part: “I am returning Senate Bill 244 without my signature…. I share the concern about the risks lithium-ion batteries pose in the solid waste stream. However, this bill is duplicative of efforts already taken by local governments and stakeholder groups and does not propose a meaningful solution to the problem. Furthermore, at a time when CAL FIRE is tackling historic wildfires, this proposal would divert funds away from mission-critical programs to implement this bill.”
Additional Priority Bills of CalRecycle (NCRA Considered) at Governor’s Office (3)
AB 39 Chau D California-China Climate Institute.
Would establish the California-China Climate Institute, housed at the University of California, Berkeley and in partnership with the Institute of Climate Change and Sustainable Development at Tsinghua University. The bill would require the institute to foster collaboration to inform and shape climate policy, advance the goals of the Paris Agreement, advance joint policy research on major climate issues, support high-level dialogue on specific climate issues, and provide training to advance climate and environmental policies.
9/08 – Sen Floor Votes: 29-8-3
9/09 – Asm Floor Votes: 56-12-12
9/23 – Approved by Governor, Chapter 237
AB 1035 Salas D Department of Transportation and local agencies: streets and highways: recycled materials.
Would require the Department of Transportation and a local agency that has jurisdiction over a street or highway, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method.
9/07 – Sen Floor Vote: 37-0-3
9/08 – Asm Floor Vote: 79-0-1
10/08 – Vetoed by Governor
AB 1311 Wood D Recycling: beverage containers.
The California Beverage Container Recycling and Litter Reduction Act provides that a recycling center that is a reverse vending machine that accepts all types of empty beverage containers except those that are 3 or more liters in volume and those that are pouches is open for business if it provides an attendant to accept all types of empty beverage containers. The act requires the department to pay handling fees to those recycling centers on the basis of the number of beverage containers redeemed through the reverse vending machines, and not on the basis of weight. This bill would require a bag drop recycling center to pay the refund value for beverage containers within a reasonable period of time, not to exceed 3 business days.
9/09 – Sen Floor Votes: 38-0-2
9/09 – Asm Floor Votes: 77-0-3
10/06 – Approved by Governor, Chapter 506
Additional – Priority Bills of the Sierra Club (NCRA Considered) at Governor’s Office (3)
AB 896 (Bennett) Idle Gas and Oil Wells: liens and collections
This bill will authorize California Geologic Energy Management Division (“CalGEM”) to impose a claim or lien on an idle well if the operator has failed to pay idle well fees, if CalGEM has identified the well as unsafe, or if the state has incurred costs for remediating the well. This will provide an important tool to help motivate oil companies to obey the law.
9/08 – Sen Floor Vote: 30-7-3
9/09 – Asm Floor Vote: 67-8-5
10/11 – Approved by Governor, Chapter 896
SB 1 (Atkins) Coastal Resources: Sea Level Rise
This bill will protect coastal communities from sea level rise by requiring the coastal commission to adopt guidelines for the mitigation of sea level rise.
9/01 – Asm Floor Vote: 60-12-7
9/02 – Sen Floor Vote: 33-2-5
9/24 – Approved by Governor, Chapter 236
SB 47 (Limon) Oil and Gas: Remediating Deserted Wells: Expenditure limitations
This bill will allow CalGEM to spend up to $10 million a year on plugging and abandoning deserted oil wells and retain unspent funds up to $100 million. This will help ensure that deserted wells are properly dealt with without delay.
9/08 – Asm Floor Votes: 52-21-7
9/09 – Sen Floor Votes: 27-10-3
9/24 – Approved by Governor, Chapter 238
Bills Failing to Pass out of Legislature for 2021
NCRA Bills Supported – Passed by One House (6)
NCRA Bills Considered – Passed by One House (2)
Other Priority Bills Failing to Pass the California Legislature in 2021
Failed Deadline (15)
[For policy committees to meet and report fiscal bills, pursuant to Rule 61(a)(2)]
Note – These Bills may be acted upon Jan. 2022.
Bill descriptions are available at: Current Bills Related to Recycling and Waste Management (ca.gov)
AB 842 Garcia, Cristina D California Circular Economy and Plastic Pollution Reduction Act. [Solid waste: single-use plastic packaging and products.]
4/30 – Failed Deadline. (Last location was NAT. RES. On 3/18)
AB 1371 Bloom D Recycling: plastic: packaging and carryout bags. (CSLC)
6/03 – Read third time. Refused passage. Asm Floor 36-28-15
06/24 – Failed deadline.
AB 649 Bennett Department of Resources Recycling and Recovery: Office of Environmental Justice and Tribal Relations. (CSLC)
03/15 – Re-referred to Com. on NAT. RES. (unchanged) No votes taken