NCRA Supported Bills – 2022 Legislature Year End Summary
By Doug Brooms, ZWAC Co-Chair and NCRA Legislative Lead
During the second half of the 2021-2022 California Legislative Session (during March,) CalRecycle had started with 61 Priority Bills, including 39 Assembly Bills, 21 Senate Bills, and one Senate Constitutional Amendment.
At the conclusion of the 2022 Legislature on 8/31/22, NCRA had supported a total of 26 Bills, which had successfully passed both the Assembly and Senate, and were sent to the Governor’s Office. These include 5 CSLC Priority Bills, 14 CalRecycle Priority Bills, plus 7 other Bills pertaining mostly to campaign finance reform, or to oil and gas regulation. Among the 26 Bills, 23 were passed and 3 were vetoed.
Not included is CSLC SB 1013, for which after being extensively amended, NCRA switched from Support to Request for Veto, but was passed.
Note: Descriptions of these Bills, with links to generic support letters (with NCRA references omitted) for most Bills, can be viewed by clicking the highlighted Letter link.
NCRA Supported Bills – Approved by Governor and Enacted (33)
The following are Bills that were approved and filed with the Secretary of State, as of the date and Chapter indicated:
Clean Seas Lobby Coalition Priority Bills (3)
NCRA has been included as a signatory to group support letters (except for SB 1013).
AB 1817 Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS). 9/29, Ch. 762
AB 1857 Solid waste. (Incinerators Diversion Credit Removal). 9/29, Ch. 342
AB 2638 School facilities: drinking water: water bottle filling stations. 9/29, Ch. 793
SB 1013 Atkins D Beverage container recycling: wine and distilled spirits. NCRA Letter: Request for Veto. 9/27, Ch. 610.
CalRecycle Priority Bills (13)
Bills had been selected from CalRecycle’s list of Priority Bills.
AB 649 Bennett D Calrecycle: Office of Environmental Justice and Tribal Relations. 9/23, Ch. 492.
.AB 661 Bennett D Recycling: materials. Minimum recycled content. 9/25, Ch 517.
AB 923 Ramos D Government-to-Gov Consultation Act: state-tribal consultation. 9/23, Ch. 475.
AB 1740 Muratsuchi D Catalytic converters. 9/25, Ch. 513.
AB 1985 Rivas, Robert D Organic waste: list: available products. 9/16, Ch 344.
AB 2048 Santiago D Franchise agreements: Database. 9/22, Ch. 457.
AB 2208 Kalra D Fluorescent lamps: sale and distribution: prohibition. 9/18, Ch. 409.
AB 2374 Bauer-Kahan D Crimes against public health and safety: Illegal dumping. 9/29, Ch. 784.
AB 2440 Irwin D Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act of 2022. 9/16, Ch. 351.
SB 1046 Eggman D Solid waste: Pre-checkout bags. 9/30, Ch. 991.
SB 1075 Skinner D Green hydrogen: Emissions of greenhouse gases. 9/16, Ch. 363.
SB 1187 Kamlager D Fabric recycling: Pilot project. 9/27, Ch. 616.
SB 1215 Newman D Electronic Waste Recycling Act of 2003: covered battery-embedded products. (Group support letter) 9/16, Ch. 370.
Additional NCRA Supported Bills (7)
AB 1416 (Santiago-Chiu-Gonzalez) Elections: Ballot Label. 9/29, Ch. 751.
SB 459 (Allen) Political Reform Act of 1974: Lobbying Transparency. 9/30, Ch. 873.
SB 1137 (Gonzalez/Limón) Oil and gas: Location restrictions: Health protection zone: Sensitive receptors. 9/16, Ch. 365.
SB 1206 Skinner D Hydrofluorocarbon gases: Sale or distribution. 9/30, Ch. 884.
SB 1314 (Limón) Oil and gas: Injection wells: Enhanced oil recovery. 9/16, Ch 336.
SB 1360 (Umberg/Allen) Elections: Disclosure of contributors. 9/30, Ch. 887.
SB 1439 (Glazer) Campaign contributions: Agency officers. 9/29, Ch. 848.
NCRA Supported Bills – Vetoed by Governor (3)
For the Governor’s explanation for each veto, visit the Legislative Info site, enter the Bill number and select Status.
AB 2247 PFAS Disclosures in Cosmetics. 9/29, Vetoed.
SB 1255 Portantino D Single-use products waste reduction: Dishwasher Grant Program for Waste Reduction in K–12 Schools and Community Colleges. 9/28, Vetoed.
SB 1256 Wieckowski D Waste management: disposable propane cylinders. 9/29, Vetoed.
Clean Seas Lobby Coalition Priority Bills
NCRA has been included, among many other organizations, as a signatory to support letters for the following Bills. To request permission to view these letters, contact Genevieve Abedon at email@example.com.
AB 1817 Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS)
This bill would prohibit, beginning January 1, 2024, any person from distributing, selling, or offering for sale in the state any textile articles that contain regulated PFAS, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in textile articles to comply with these provisions.
AB 1857 Solid waste. (Incinerators Diversion Credit Removal)
AB 1857 will remove the diversion credit for municipal solid waste incinerators and redefine incineration as disposal. AB 1857 will require CalRecycle to certify that a local agency has maximized the use of all feasible source reduction, recycling, and composting options to reduce the amount of solid waste that must be disposed of by incineration and landfill before approving a permit for a new incinerator or landfill serving the local agency. The bill will also fund investments in zero-waste infrastructure and programs in frontline communities most impacted by incinerators.
AB 2247 PFAS Disclosures in Cosmetics
AB 2247 will require manufacturers of products or substances sold in, or imported into, the state to report the presence of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in those products or substances. The reports shall be registered on a publicly accessible platform created by the Interstate Chemicals Clearinghouse, of which California is already a member.
AB 2638 School facilities: drinking water: water bottle filling stations.
This bill would require a school district or charter school to be equipped with water bottle filling stations. The bill would require water bottle filling stations to be placed as specified, including a minimum of one water bottle filling station per 150 people, and to meet specified requirements, including dispensing safe, appealing, cooled, and filtered drinking water. The bill would require a school district or charter school to allow pupils, teachers, and staff to bring and carry approved water bottles, as specified.
SB 1013 Atkins D Beverage container recycling: wine and distilled spirits. SB 1013 Veto Letter
SB 1013 would bring wine and distilled beverage containers into the CRV program. A 8/25 Assembly amendment introduced substantial changes, expanded the Bill from 5 to 50 pages, including at least six new grant programs, which in total would add a projected $887 million over a 6-year period, compared to $27 – $47 million per year, prior to the amendments. The greatest grant would be for market development payments to glass beverage container manufacturers of $60 million per year, amounting to $300 million in spending over 5 years. The additional spending would not result in any new recycling. The amendments include an increase in the convenience zone from a half mile to within a one-mile radius of a supermarket, and in rural areas the size would increase from a 3-mile to 5-mile radius. Also, most civil penalties in the amended version of the bill were increased from $1,000 to $5,000.
SB 1255 Portantino D Single-use products waste reduction: Dishwasher Grant Program for Waste Reduction in K–12 Schools and Community Colleges.
Would establish the Dishwasher Grant Program for Waste Reduction in K-12 Schools and Community Colleges, to be administered by CalRecycle, to provide incentive grants to public school districts, charter schools, and community college districts, for the purchase and installation of commercial dishwashers at the schoolsites and campuses, to enable them to transition to less costly and environmentally healthy reusable food service ware. The bill would require the department to award grants of up to $40,000 per kitchen, to develop administrative guidelines for implementation, and to develop materials and conduct outreach to those local educational agencies about the program.
CalRecycle Priority Bills
AB 649 Bennett D Department of Resources Recycling and Recovery: Office of Environmental Justice and Tribal Relations. AB 649 Letter
This bill would establish the Office of Environmental Justice and Tribal Relations within CalRecycle. The bill would prescribe the duties of the office, including, among others, ensuring that the department’s programs effectively address the needs of disadvantaged communities, low-income communities, California Native American tribes, and farmworkers.
AB 661 Bennett D Recycling: materials. AB 661 Letter
The bill would require the CalRecycle, in consultation with the DGS, to update a list of products and minimum recycled content percentages, as determined to be appropriate, commencing January 1, 2026, and every 3 years thereafter…. The bill would require CalRecycle to maintain an internet website with current SABRC products and minimum recycled content requirements.
AB 923 Ramos D Government-to-Govmt Consultation Act: state-tribal consultation. AB 923 Letter
This bill would encourage the state and its agencies to consult on a government-to-government basis with federally recognized and with nonfederally recognized tribes. The bill would designate state officials authorized to represent the state in government-to-government consultations. The bill would require the Department of Human Resources, in conjunction with the University of California, UCLA School of Law Tribal Legal Development Clinic, the National Indian Justice Center, and tribal organizations with 10 or more years experience in matters relating to tribal affairs, to develop a training, by June 1, 2024, regarding the required elements of training on government-to-government consultations.
AB 1740 Muratsuchi D Catalytic converters. AB 1740 Letter
Current law requires a core recycler, as defined, who accepts a catalytic converter for recycling to maintain a written record of specified information regarding the transaction, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the vehicle identification number, for not less than 2 years. Current law makes it a crime to violate these requirements. This bill would additionally require a core recycler to maintain a written record of the year, make, and model of the vehicle from which the catalytic converter was removed.
AB 1985 Rivas, Robert D Recovered Organic waste: Procurement targets. CAW AB 1985 Letter
Current law requires, no later than January 1, 2018, the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a reduction in statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Current law requires the methane emissions reduction goals to include a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. This bill would require CalRecycle to compile and maintain on its internet website a list of information regarding persons or entities that produce and have available in the state organic waste products and update the list at least every 6 months.
AB 2048 Santiago D Solid waste: franchise agreements: database. AB 2048 Letter
Revised: Current law authorizes each county, city, district, or other local governmental agency to determine aspects of solid waste handling that are of local concern and whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise. This bill would require each local jurisdiction to post on its internet website current franchise agreements between contract waste and recycling haulers and public agencies that are within the jurisdiction of the local jurisdiction. The bill would require each local agency to provide to the department the direct electronic link to those posted franchise agreements.
AB 2208 Kalra D Fluorescent lamps: sale and distribution: prohibition. AB 2208 Letter
Bill would phase out fluorescent lamps in general lighting applications by banning the sale of compact fluorescent lamps starting on January 1, 2024, and the sale of linear fluorescent lamps starting on January 1, 2025. However, this Bill would exempt certain specialty fluorescent lamps, including those used in image capture, image projection, and disinfection. By ushering out mercury containing fluorescent lamps, this Bill will allow better alternatives to light the way to a safer, more energy-efficient future.
AB 2374 Bauer-Kahan D Crimes against public health and safety: illegal dumping.
Current law prohibits the dumping of waste matter upon a road or highway or in other locations, as specified. A violation of this prohibition, generally, is an infraction punishable by specified fines that escalate for subsequent convictions. Under current law, the court may, as a condition of probation, order the convicted person to remove, or pay for the removal of, the waste matter. This bill would increase the maximum fine for the dumping of commercial quantities of waste by a business that employs more than 10 employees from $3,000 to $5,000 for the first conviction, from $6,000 to $10,000 for the second conviction, and from $10,000 to $20,000 for the third and any subsequent convictions. The bill would require a court, when imposing a fine, to consider the defendant’s ability to pay, as specified.
AB 2440 Irwin D Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act of 2022. CAW (See Also SB 1215) AB 2440 Letter
Revised: The Cell Phone Recycling Act of 2004 prohibits the sale of a cell phone in this state to a consumer unless the retailer of that cell phone has in place a take-back system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal. This bill would make the Rechargeable Battery Recycling Act of 2006 and the Cell Phone Recycling Act of 2004 inoperative as of September 30, 2026, and would repeal those acts as of January 1, 2027.
SB 1046 Eggman D Solid waste: precheckout bags. CAW SB 1046 Letter
Would prohibit, on and after January 1, 2025, a store, as defined, from providing a precheckout bag to a customer if the bag is not either a compostable bag, as described, or a recycled paper bag. The bill would define a “precheckout bag” for this purpose to mean a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item.
6/22/2022-Read second time. Ordered to third reading.
SB 1075 Skinner D Hydrogen: green hydrogen: emissions of greenhouse gases. SB 1075 Letter
The Bank Act, among other things, authorizes the I-Bank to make loans, issue bonds, and provide financial assistance for various types of projects that qualify as economic development or public development facilities. This bill would create the California Clean Hydrogen Hub Fund within the State Treasury under the administration of the I-Bank. The bill would authorize the moneys in the fund to be used to provide grants for clean hydrogen projects developed in California, to match federal funds granted to a regional clean hydrogen hub, or to fund or match research grants that may be necessary to meet the goal of affordably producing hydrogen from renewable feedstock at scale. The bill would require the I-Bank to prepare, and the I-Bank board to approve, criteria, priorities, and guidelines for the provision of grants under the fund in line with specified priorities and requirements of the federal Infrastructure Investment and Jobs Act as well as specified state goals.
SB 1187 Kamlager D Fabric recycling: pilot project.
Revised: Would require the Department of Resources Recycling and Recovery to establish a pilot project of up to 3 years located in the Counties of Los Angeles and Ventura in partnership with garment manufacturers in order to study and report on the feasibility of recycling fabric, as specified. The bill would require the pilot project to be submitted by an applicant jurisdiction and designed to create a circular economy for the highest and best use of reused textiles in California. The bill would require the pilot project to annually report to the department the amount, in pounds, of textiles that were collected and that were diverted from disposal in the prior year of the pilot project, among other information. The bill would require the pilot project to conclude no later than January 1, 2027.
SB 1215 Newman D Electronic Waste Recycling Act of 2003: covered battery-embedded products. CAW SB 1215 Letter
(1)The Electronic Waste Recycling Act of 2003 (act) requires a retailer selling a covered electronic device in this state to collect from a consumer at the time of retail sale a covered electronic waste recycling fee. The act defines “covered electronic device” to mean a video display device containing a screen greater than 4 inches that is identified in the regulations adopted by the Department of Toxic Substances Control (DTSC). The act requires all fees collected to be deposited in the Electronic Waste Recovery and Recycling Account. Moneys in the account are continuously appropriated for specified purposes, including paying covered electronic waste recycling fee refunds and making electronic waste recovery and recycling payments. Moneys in the account may be expended for other specified purposes, including the administration of the act by the Department of Resources Recycling and Recovery (CalRecycle) and DTSC and to provide funding to DTSC to implement and enforce the hazardous waste control laws as they relate to covered electronic devices.
SB 1256 Wieckowski D Waste management: disposable propane cylinders. SB 1256 Letter
This bill would, on and after January 1, 2028, prohibit the sale of disposable propane cylinders, as defined, and would make the violation of this provision subject to specified civil penalties. The bill would authorize a city attorney or county counsel to impose these civil penalties, as provided.
Additional NCRA Bills
AB 1416 (Santiago-Chiu-Gonzalez) Elections: Ballot Label. AB 1416 Letter
AB 1416 would require the addition of a short list of supporters and opponents on the ballot itself, in the interest of fair disclosure and transparency, to provide voters with more pertinent information about the measures that they are voting on.
SB 459 (Allen) Political Reform Act of 1974: Lobbying Transparency. SB 459 Letter
In California, lobbying firms and interest groups that hire them are required to file quarterly reports on their lobbying activity one month after the end of the quarter. The third quarter (Q3) lobbying report covers the most significant legislative quarter of the year: July through September. However the Q3 Report is not due until the end of October, long after the Legislature has decided which bills to pass or defeat, and the Governor has decided which bills to sign or veto. Thus, Q3 reporting provides no useful transparency or accountability about the most intense and expensive lobbying influencing the fate of Bills. Consequently, SB 459 would require lobbyist employers to file a report within 48 hours of retaining a lobbyist during the final 60 days of the Legislative session for more than $5,000. It also establishes disclosure requirements for lobbying advertisements that mirror existing law governing campaign ads.
SB 1137 (Gonzalez/Limón) Oil and gas: Location restrictions: Health protection zone: Sensitive receptors. SB 1137 Letter
SB 1137 would require a 3,200 ft. minimum setback distance between oil and gas production activities and sensitive receptors such as schools, childcare facilities, playgrounds, residences, hospitals, and health clinics. Impacts would be also beneficial towards SB 32 GHG emissions targets and climate change mitigation.
SB 1206 Skinner D Hydrofluorocarbon gases: sale or distribution. (Not CalRecycle) SB 1206 Letter
Would prohibit a person from offering for sale or distribution, or otherwise entering into commerce in the state, bulk hydrofluorocarbons or bulk blends containing hydrofluorocarbons that exceed a specified global warming potential limit beginning January 1, 2025, and a lower global warming potential limit beginning January 1, 2030. The bill would specify that these provisions do not restrict the state board’s authority to establish by regulation maximum allowable global warming potential levels for hydrofluorocarbons entered into commerce in the state below these maximum levels. The bill would require the state board to initiate a rulemaking requiring low and ultra-low global warming potential alternatives to hydrofluorocarbons in all sectors where it is practicable for entities in the sector to comply with the requirement.
SB 1314 (Limón) Oil and gas: Injection wells: Enhanced oil recovery. SB 1314 Letter
Under existing federal law, the authority to regulate Class II injection wells is delegated to the Geologic Energy Management Division. A well operator is required to obtain approval for a subsurface injection or disposal project, including Class II injection wells, and is required to file a notice of intention whenever a new well is to be drilled for use as an injection well or whenever an existing well is converted to an injection well. This bill would prohibit an operator from injecting a concentrated carbon dioxide fluid into a Class II injection well for purposes of enhanced oil recovery, including the facilitation of enhanced oil recovery from another well.
SB 1360 (Umberg/Allen) Elections: Disclosure of contributors. SB 1360 Letter
SB 1360 would enhance the ability of voters to be aware of the individuals and organizations who are financing initiative campaigns, referendums, recall petition and campaign advertising. It mandates a bold print caution to voters not to sign unless they have been provided with a current list of top donors.
SB 1439 (Glazer) Campaign contributions: Agency officers. SB 1439 Letter
SB 1439 would provide greater transparency in public reporting by requiring contributions by interested parties to agency officials who make decisions on applications and entitlements to be documented in the records of the decision process. This includes such as a proceeding involving a license, permit, or any other entitlement for use that is pending before the agency.
CalRecycle Priority Bills – NCRA No Position
CSLC Bills No Longer Active
AB 1690 Tobacco and cannabis products: single-use components.
05/16 – Ordered to inactive file at the request of Assembly Member Luz Rivas.
AB 1724 Washing Machines: Microfiber Filtration.
05/19 – In Appr committee: Held under submission.
AB 1819 (Lee): Stop Foreign Influence in California Elections Act
05/19 – In Appr committee: Held under submission.
AB 1953 Drinking water: accessible water bottle refill stations.
05/19 – In Appr committee: Held under submission.
AB 2026 Recycling: plastic packaging and carryout bags.
08/11 – In Senate committee: Held under submission.
AB 2787 Microplastics in products.
05/26 – Ordered to inactive file at the request of Assembly Member Quirk.
SB 983 Consumer warranty protection: express warranties. (Right to Repair).
05/19 – May 19 hearing: Held in Appr. committee and under submission.
CalRecycle Bills No Longer Active
CalRecycle Priority Bills – De-listed
The following Bills no longer appear on CalRecycle’s Priority List subsequent to 5/08/22. Click on the blue highlighted link to determine the current status.
AB 1640 Ward D Office of Planning and Research: regional climate networks: regional climate adaptation and resilience action plans.
AB 1676 Burke D Greenhouse gases: carbon capture, utilization, and sequestration.
AB 1939 Rivas, Luz D Pupil instruction: science requirements: climate change.
AB 2400 Cervantes D California Pollution Control Financing Authority Act: Capital Access Loan Program for Small Businesses.
AB 2460 Grayson D Fiberglass Recycled Content Act of 1991: enforcement.
AB 2601 Garcia, Eduardo D Waste discharge permits: landfills.
AB 2633 Cooley D California Beverage Container Recycling and Litter Reduction Act: administration.
AB 2724 Bennett D Green hydrogen.
AB 2793 Muratsuchi D California Greenhouse Gas Cap-and-Trade Program.
AB 2795 Garcia, Eduardo D Solid waste: postconsumer waste and recycled materials plans.
AB 2863 McCarty D Solid waste: rigid plastic containers.
AB 2878 Aguiar-Curry D California Environmental Quality Act.
AB 2886 Lee D Recycling: electric vehicle lithium-ion batteries.
AB 2944 Petrie-Norris D Greenhouse gases: carbon capture, utilization, and sequestration.
SB 620 Allen D Distilled spirits and beer: direct shipper permits.
SB 1291 Archuleta D Green electrolytic hydrogen.
SB 1391 Kamlager D Greenhouse Gas Reduction Fund: investment plan.
SB 1413 McGuire D Native American tribes.
SCA 8 Nielsen R Wildfires: funding.
CalRecycle Priority Bills – Omitted
The following 7 Bills are regarded as having insufficient current interest to NCRA:
AB 1733 Quirk D State bodies: open meetings.
AB 1795 Fong R Open meetings: remote participation.
AB 1996 Cooley D State government: administrative regulations: review.
AB 2600 Dahle, Megan R State agencies: letters and notices: requirements.
AB 2788 Mathis R Public records.
AB 2804 Flora R Public records.
AB 2893 Daly D Administrative Procedure Act: standardized regulatory impact analysis: comments.