2022 Legislation

CalRecycle and CSLC Priority Bills for 2022 Legislative Session

Note 1: For the current status of any Bill, including Text, Analysis, Votes and History at CapitolTrack, select the blue highlighted Bill number. Alternatively visit California Legislative Information and enter the Bill number under “Quick Search”, or “Text Search”.

Note 2: For some CalRecycle Priority Bills below, a preliminary level of interest is designated as: Y = NCRA Support likely; ? = Appealing, but assessments needed; N = Likely Opposed (or unless amended).

Note 3: Any NCRA Member is always welcome to recommend NCRA positions on these or any other Bills. Any additional volunteer help with research and assessments to help support particular positions on Bills, or with drafting position letters, would be appreciated; contact dougrecycle@yahoo.com.

Clean Seas Lobby Coalition Priority Bills

Thus far as of 5/08/2022, NCRA has been included, among many other organizations, as a signatory to support letters for the following 12 Bills and 3 Letters to Agencies. To request permission to view these letters, contact Genevieve Abedon at genevieve@ecoconsult.biz.

AB 1690 Tobacco and cannabis products: single-use components.
This bill would prohibit a person or entity from selling, giving, or furnishing to another person of any age in this state a cigarette utilizing a single-use filter made of any material, an attachable and single-use plastic device meant to facilitate manual manipulation or filtration of a tobacco product, or a single-use electronic cigarette or vaporizer device. The amendments will remove cigarette filters and cigar plastic filter tips.

AB 1724 Washing Machines: Microfiber Filtration.
This bill would require, on or before January 1, 2024, that all washing machines sold as new in California contain a microfiber filtration system. The bill would also require all state-owned washing machines to contain a microfiber filtration system.

 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 1819 (Lee): Stop Foreign Influence in California Elections Act
AB 1819 would prohibit U.S. and multinational companies, having excessive foreign shareholders ownership, from spending money to influence elections in California.

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 1953 Drinking water: accessible water bottle refill stations.
AB 1953 will require the owner or operator of a transit hub, local park, public building, publicly owned building, shopping mall, and golf course to install and maintain at least one accessible water bottle refill station. It will also require inaccessible public water refill stations to be upgraded to be accessible by January 1, 2025.

AB 2026 Recycling: plastic packaging and carryout bags.
This bill would prohibit an online retailer from using single-use plastic packaging that consists of shipping envelopes, cushioning, or void fill to package or transport the products by January 1, 2024 for large online retailers, and by January 1, 2026 for small online retailers. The bill would prohibit a manufacturer, retailer, producer, or other distributor from using expanded or extruded polystyrene packaging to package or transport the products. The bill would require an operator to establish an at-store recycling program that provides customers the opportunity to return clean plastic carryout bags and clean reusable bags to the store.

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.

AB 2787 Microplastics in products.
This bill would ban the sale of designated products, such as leave-in cosmetics products and waxes and polishes, if the products contain intentionally added microplastics. The bill would exclude from this ban products consisting, in whole or in part, of specified substances or mixtures containing microplastics. The committee may wish to amend the bill to correct a drafting error in the definition of “microplastic;” specify that “microplastic” does not include naturally-occurring polymers; and, clarify that “intentionally added microplastic” includes microplastics added for decorative purposes

SB 983 Consumer warranty protection: express warranties. (Right to Repair).
This bill would require the manufacturer of an electronic or appliance product, to make available, on fair and reasonable terms, sufficient service literature, at no charge, and prescribed functional parts and tools, including documentation, tools, software and parts needed to disable the lock or function during the course of the diagnosis, maintenance, or repair of a product, to owners of the product, service and repair facilities, and service dealers.

SB 1255 Single-use products waste reduction: Dishwasher Grant Program for Waste Reduction.
The Dishwasher Grant Program for Waste Reduction in K–12 Schools and Community Colleges is hereby established, to be administered by the Department of Resources Recycling and Recovery, to provide incentive grants to public K–12 schools and community colleges to enable them to transition to less costly and environmentally healthy reusable food service ware.

CSLC Letters to Agencies

Letter to Santa Barbara County Board of Supervisors – 3/04/22
Re; ExxonMobil Interim Trucking for the Santa Ynez Unit Phased Restart Project – OPPOSE
On behalf of our thousands of members and supporters, we urge you to DENY ExxonMobil’s proposal to restart its three platforms offshore Gaviota and truck its oil along Highway 101 and Route 166. This proposal will put our entire community at risk from offshore and onshore oil spills, accidents, air and water pollution, and climate change. The Planning Commission correctly noted that the risk of oil spills and tanker truck accidents is simply unacceptable and inconsistent with the County’s Land Use Development Code and Coastal Zoning Ordinance….

Letter to Ocean Protection Council – 1/21/22
Re: Environmental Organizations’ Comments on Draft Statewide Microplastics Strategy
Dear Ocean Protection Council,
The undersigned organizations… would like to focus our comments on “refuse reduce reuse”… (and) the following recommended actions:
Prohibit the sale of single-use tobacco products that demonstrably contribute to tobacco product plastic pollution, including but not limited to cigarette filters, electronic cigarettes plastic cigar tips, and unrecyclable tobacco product packaging. (2022)
Prohibit expanded polystyrene foodware and packaging. (2023)
Expand the statewide microbead ban enacted by Assembly Bill 888 (Bloom, 2015) to include microplastics that are intentionally added to consumer products, such as cosmetics, household and industrial detergents, and cleaning products. (2023)…

Letter to California Ocean Protection Council – 1/21/22
RE: Comment Letter – Draft Statewide Microplastics Strategy
Overall, we recommend a stronger emphasis on source reduction and implementing a more comprehensive and holistic approach to reducing microplastics pollution. Plastic pollution is a climate and environmental justice issue and has detrimental impacts throughout its lifecycle, especially on low-income communities and communities of color….

CalRecycle Priority Bills – Considered

Among CalRecycle’s list of Priority Bills, which appear still active as of 5/08/22, the following Bills remain selected as considered having potential interest to NCRA, mostly for support.  Not included are those Bills which no longer appear on CalRecycle’s Priority List, noted as “De-listed”. Note that for some Bills, the description language has been “Revised, as noted. Those CSLC Priority Bills, which also appear on CalRecycle’s List below, are denoted with ( * ), followed by Y.

AB 649 Bennett D Department of Resources Recycling and Recovery: Office of Environmental Justice and Tribal Relations. Y
The California Integrated Waste Management Act of 1989 establishes in the California Environmental Protection Agency the Department of Resources Recycling and Recovery with specified powers and duties relating to waste management. This bill would establish the Office of Environmental Justice and Tribal Relations within the department. 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.
5/4/2022-Referred to Com. on E.Q.

AB 661 Bennett D Recycling: materials. Y
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. This bill would require a state agency, if fitness and quality are equal, to purchase recycled products instead of nonrecycled products, without regard to cost. The bill would substantially revise product categories. The bill would require the Department of Resources Recycling and Recovery, 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 the Department of Resources Recycling and Recovery and the DGS to incorporate the updated list of products and minimum recycled content requirements into the State Contracting Manual, the Financial Information System for California, and the financial system of any department not utilizing the Financial Information System for California. The bill would require the Department of Resources Recycling and Recovery to maintain an internet website with current SABRC products and minimum recycled content requirements.
2/1/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 923 Ramos D Government-to-Government Consultation Act: state-tribal consultation.
Would require the state and its agencies to consult on a government-to-government basis with California tribes. The bill would require the executive branch to consult with a tribe upon 60 days’ notice of the request to consult, and would require each agency director to consider the need for tribal consultation before approving an agency policy. The bill would designate state officials authorized to represent the state in government-to-government consultations, as provided. The bill would require a training to be developed, by June 30, 2023, regarding the required elements of training on government-to-government consultations, and would require all agency directors, chairs, executive officers and chief counsels to complete the training by January 1, 2024. The bill would require agency officials appointed after January 1, 2024, to arrange receipt of the training within 6 months of their appointment, as specified.
5/4/2022-Referred to Coms. on G.O. and E.Q.

AB 1001 Garcia, Cristina D Environment: mitigation measures for air and water quality impacts: environmental justice. * Y
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would authorize mitigation measures, identified in an environmental impact report or mitigated negative declaration to mitigate the adverse effects of a project on air or water quality of a disadvantaged community, to include measures for avoiding, minimizing, or compensating for the adverse effects on that community.
5/4/2022-Re-referred to Com. on E.Q.

AB 1067 Ting D Beverage containers. Y ?
The California Beverage Container Recycling and Litter Reduction Act requires dealers within a convenience zone where no recycling location has been established, or within a convenience zone that is unserved for 60 days and not exempt from convenience zone requirements, to alternatively (1) submit an affidavit to the department stating that the dealer has met specified standards for empty beverage container redemption or (2) pay $100 per day to the department, for deposit into the continuously appropriated California Beverage Container Recycling Fund, until a recycling location is established or until the dealer meets the standards for redemption specified in the affidavit provisions. This bill would require the department to conduct a study inquiring whether the $100 per day payment to the department provides inducement for dealers to meet the standards for redemption. The bill would require the department to submit to the Legislature a report regarding the study by July 1, 2023.
5/4/2022-Referred to Com. on E.Q.

AB 1634 Boerner Horvath D Employment: clean economy: Office of Just Transition. Y ?
Would express the intent of the Legislature to enact subsequent legislation to create the Office of Just Transition in the Labor and Workforce Development Agency to help communities and workers transition to carbon neutrality jobs that build a robust clean economy in which all Californians prosper.
1/13/2022-From printer. May be heard in committee February 12

AB 1740 Muratsuchi D Catalytic converters.
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.
5/5/2022-Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 0.) In Senate. Read first time. To Com. on RLS. for assignment.

AB 1857 Garcia, Cristina D Solid waste. (Elimination of Recycling Credit for Incinerators) * Y
The California Integrated Waste Management Act of 1989 requires the department and local agencies to maximize the use of all feasible source reduction, recycling, and composting options in order to reduce the amount of solid waste that must be disposed of by transformation and land disposal. This bill would require the department to certify that a local agency is in compliance with that requirement before approving a permit for a new transformation, EMSW, or land disposal facility serving the local agency.
5/4/2022-In committee: Set, first hearing. Referred to suspense file.

AB 1956 Mathis R Solid waste: woody biomass: collection and conversion.
Revised: Would create a 5-year woody biomass rural county collection and disposal pilot program, to be administered by the Department of Resources Recycling and Recovery. The bill would require the department, pursuant to the program, to award funding to participating counties with a total population of less than 250,000 for the purpose of conducting community collection days on which individuals could dispose of woody biomass and other source-separated biomass free of charge. The bill would require a county awarded funding under the program to contract with a local compost facility, mulch production facility, or biomass conversion facility to collect and to process or convert the biomass in a way that results in less greenhouse gas emitted than if the biomass had been disposed of. The bill would require the department to report specified program information to the Legislature after the conclusion of the program.
5/4/2022-In committee: Set, first hearing. Referred to suspense file.

AB 1985 Rivas, Robert  D Organic waste: list: available products. ? CAW
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. Current law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals, including a requirement intended to meet the goal that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025. This bill would require the department to compile and maintain on its internet website a list, organized by ZIP Code, 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.
4/27/2022-In committee: Set, first hearing. Referred to suspense file.

AB 2026 Friedman D Recycling: plastic packaging and carryout bags. * NCRA CAW
Would prohibit an online retailer that sells or offers for sale and ships purchased products in or into the state from using single-use plastic packaging that consists of shipping envelopes, cushioning, or void fill to package or transport the products, on and after January 1, 2024, for large online retailers, as defined, and on and after January 1, 2026, for small online retailers, as defined. The bill would prohibit a manufacturer, retailer, producer, or other distributor that sells or offers for sale and ships purchased products in or into the state from using expanded or extruded polystyrene packaging to package or transport the products, except as provided.
4/27/2022-In committee: Set, first hearing. Referred to suspense file.

AB 2048 Santiago D Solid waste: franchise agreements: database. ?
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.
5/5/2022-Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 0.) In Senate. Read first time. To Com. on RLS. for assignment.

AB 2374 Bauer-Kahan D Crimes against public health and safety: illegal dumping. (Recent)
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.
4/26/2022-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 17. Noes 0.) (April 26). Re-referred to Com. on APPR.

AB 2419 Bryan D Environmental justice: federal Infrastructure Investment and Jobs Act: Justice 40 Oversight Committee. Y CSLC?
Current law requires the Secretary for Environmental Protection to convene a Working Group on Environmental Justice composed of various representatives, as specified, to assist the California Environmental Protection Agency in developing an agencywide environmental justice strategy. The federal Infrastructure Investment and Jobs Act provides additional federal funds to rebuild the nation’s infrastructures. This bill would require a minimum of 40% of funds received by the state under the federal act to be allocated to projects that provide direct benefits to disadvantaged communities and a minimum of an additional 10% be allocated for projects that provide direct benefits to low-income households and low-income communities. The bill would establish the Justice40 Oversight Committee in the Office of Planning and Research to perform various actions related to the expenditure of those federal funds.
4/27/2022-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 26). Re-referred to Com. on APPR.

AB 2440 Irwin D Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act of 2022. Y CAW (SB 1215)
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.
4/28/2022-Re-referred to Com. on APPR.

AB 2479 Wood D Forest restoration and protection: wildfire prevention. ?
Would require all state agencies, when funding restoration efforts on natural and working lands, to prioritize restoration projects that have a permanent, enforceable mechanism to ensure that the project area will be managed in a manner that maintains the desired conditions and the value of the state’s investment.
4/21/2022-Re-referred to Com. on APPR.

AB 2481 Smith R Household hazardous waste: facilities: transportation and acceptance.
Current law authorizes certain entities to operate household hazardous waste collection facilities, as defined, under permits issued by the department, and specifies conditions for the transportation of household hazardous waste. Current law requires a person engaged in the transportation of hazardous waste to be registered with the department and to either have a legible copy of the paper manifest, provided by the generator, in their possession while transporting the hazardous waste or have an electronic manifest accessible during transportation. Current law allows certain of those facilities to accept recyclable latex paint and oil-based paint, and other waste in specified amounts from a very small quantity generator of the waste, as defined, if the facility complies with certain requirements. This bill would revise and recast various requirements and conditions related to the transportation of hazardous waste and the operation of household hazardous waste collection facilities.
5/5/2022-Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 0.) In Senate. Read first time. To Com. on RLS. for assignment.

AB 2613 Rivas, Robert  D Farmers and ranchers: solid waste cleanup: grants. Y
Revised: Would require the Department of Resources Recycling and Recovery to establish a pilot program, until January 1, 2028, that would make grants available to public entities and Native American tribes on behalf of applicants who are farmers and ranchers and for the purposes of the farm and ranch solid waste cleanup and abatement grant program, as described. The bill, until January 1, 2028, would make the $1,000,000 annual maximum amount of funds that may be transferred into the account inoperative and would prohibit moneys contributed to the farm and ranch solid waste cleanup and abatement grant program from specified sources from collectively exceeding $1,000,000 annually. The bill would require that any amount over $1,000,000 that is transferred into the account on an annual basis be available for the purposes of the pilot program, upon appropriation by the Legislature. The bill would authorize the department to provide for the deposit into the account of philanthropic and federal funding for the purposes of the pilot program, as provided.
4/21/2022-Re-referred to Com. on APPR.

AB 2779 Irwin D Beverage containers: wine and distilled spirits. Y CAW
The California Beverage Container Recycling and Litter Reduction Act, requires that every beverage container sold or offered for sale in this state have a minimum refund value. A beverage distributor is required to pay a redemption payment to the Department of Resources Recycling and Recovery for every beverage container sold or offered for sale in the state to a dealer, and the department is required to deposit those amounts in the California Beverage Container Recycling Fund. Current law defines the term “beverage” to include certain types of products in liquid, ready-to-drink form and excludes, among other things, wine or wine from which alcohol has been removed. This bill would revise this definition of beverage to include wine, or wine from which alcohol has been removed, sold in an aluminum beverage container and distilled spirits sold in an aluminum beverage container. Since the additional payments for the beverage containers that this bill would make subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation.
5/4/2022-In committee: Set, first hearing. Referred to suspense file.

AB 2784 Ting D Solid waste: thermoform plastic containers: postconsumer thermoform recycled plastic. Y CAW
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires a rigid plastic packaging container, as defined, sold or offered for sale in this state, to meet, on average, at least one of 5 specified criteria, including that the container be made from 25% postconsumer material. This bill, commencing January 1, 2025, would require the total thermoform plastic containers sold by a producer to, on average, contain specified amounts of postconsumer thermoform recycled plastic, as defined, per year pursuant to a tiered plan that would require the total thermoform plastic containers to contain, on average, and depending on the recycling rate, no less than 20% or 30% postconsumer recycled plastic per year on and after July 1, 2030. The bill would require, on or before March 1 of each year, a producer to report to the department, under penalty of perjury, the amount in pounds and by resin type of virgin plastic and postconsumer thermoform recycled plastic used to manufacture the thermoform plastic containers offered for sale in the state in the previous calendar year.
5/4/2022-In committee: Set, first hearing. Referred to suspense file.

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SB 38 Wieckowski D Beverage containers. N
Would require beverage manufacturers, as defined, in the state to form a beverage container stewardship organization. The organization would be required to develop and submit to the department a plan, annual report, and budget for the recovery and recycling of empty beverage containers in the state similar to that described in the Used Mattress Recovery and Recycling Act. The bill would require the organization to establish a stewardship fee, to be paid by beverage manufacturer members of the organization, to assist in covering the costs of implementing the beverage container stewardship program. The bill would require the organization to reimburse the department for the department’s costs of enforcing the program. The bill would require the department to deposit all moneys submitted for reimbursement into the Beverage Container Stewardship Fund, which the bill would create in the State Treasury.
2/14/2022-From committee with author’s amendments. Read second time and amended. Re-referred to Com. on NAT. RES. (Amended 2/14/2022)

SB 45 Portantino D Short-lived climate pollutants: organic waste reduction goals: local jurisdiction assistance. ?
Current law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations to achieve the organic waste reduction goals established by the state board for 2020 and 2025, as provided. Current law requires the department, no later than July 1, 2020, and in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving these organic waste reduction goals. This bill would require the department, in consultation with the state board, to provide assistance to local jurisdictions, including, but not limited to, any funding appropriated by the Legislature in the annual Budget Act, for purposes of assisting local agencies to comply with these provisions, including any regulations adopted by the department.
5/5/2022-Referred to Com. on NAT. RES.

SB 54 Allen D Plastic Pollution Producer Responsibility Act. Y
Would establish the Plastic Pollution Producer Responsibility Act, which would prohibit producers of single-use, disposable packaging or single-use, disposable food service ware products from offering for sale, selling, distributing, or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable.
5/5/2022-Referred to Com. on NAT. RES.

SB 260 Wiener D Climate Corporate Accountability Act. Y  CSLC?
Would require the State Air Resources Board, on or before January 1, 2024, to develop and adopt regulations requiring United States-based partnerships, corporations, limited liability companies, and other business entities with total annual revenues in excess of $1,000,000,000 and that do business in California, defined as “reporting entities,” to publicly disclose to the Secretary of State, and verify, starting in 2025 on a date to be determined by the state board, and annually thereafter, their greenhouse gas emissions, categorized as scope 1, 2, and 3 emissions, as defined, from the prior calendar year, as provided. The bill would require reporting entities to disclose their greenhouse gas emissions in a manner that is easily understandable and accessible to residents of the state.
5/5/2022-Referred to Coms. on NAT. RES. and JUD.

SB 895 Laird D Solid waste: nonprofit convenience zone recycler: definition.
The California Beverage Container Recycling and Litter Reduction Act defines “nonprofit convenience zone recycler” for its purposes to mean a recycling center that meets one of 2 sets of criteria, one of which is a recycling center that is operated by a nonprofit organization and has operated in the same location for a period of not less than 5 years, that is certified by the department, and that is located within one mile of a supermarket that is in an exempt convenience zone. This bill would revise the criteria for, and expand the above definition of, a nonprofit convenience zone recycler by deleting the requirement that the recycling center operate in the same location for a period of not less than 5 years and allowing the recycling center to be located within 2 miles, rather than one mile, of a supermarket that is in an exempt convenience zone.
4/18/2022-April 18 hearing: Placed on APPR suspense file.

SB 1013 Atkins D Beverage container recycling: reports: electronic submittal. ?
Revised: The California Beverage Container Recycling and Litter Reduction Act defines the term “beverage” to include certain types of products in liquid, ready-to-drink form and excludes, among other things, wine or wine from which alcohol has been removed in whole or in part, whether or not sparkling or carbonated. The act prohibits a person from offering to sell, or selling, to a consumer a beverage container that has not been labeled as required by the act. A violation of the act is a crime. This bill would explicitly authorize the Department of Resources Recycling and Recovery to require the information reported to the department by a processor or distributor of beverage containers to be submitted electronically. The bill would revise the definition of beverage to include distilled spirits and wine or wine from which alcohol has been removed in whole or in part, whether or not sparkling or carbonated, as provided. Since the additional payments for the beverage containers that this bill would make subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation. The bill would additionally authorize a distributor of wine or distilled spirits to separately identify specified information on an invoice or other form of accounting of a transaction submitted to a dealer. The bill would exempt a beverage container included within the scope of the act beginning on January 1, 2023, from the act’s labeling requirements until January 1, 2024. The bill would provide that, notwithstanding this exemption, these beverage containers shall be considered empty beverage containers for purposes of the act between January 1, 2023, and January 1, 2024. The bill would also impose a state-mandated local program by creating new crimes relating to the regulation of beverage containers.
(Expands CRV Recycling Program to Include Wine & Distilled Spirits.)
4/29/2022-Set for hearing May 9.

SB 1046 Eggman D Solid waste: precheckout bags. Y CAW
Revised: Current law defines a “single-use carryout bag” for this purpose to mean a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a recycled paper bag, as defined, or a reusable grocery bag that meets specified requirements. This bill would additionally prohibit, on and after an unspecified date, 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.
3/29/2022-Read second time. Ordered to third reading.

SB 1065 Eggman D California Abandoned and Derelict Commercial Vessel Program. CSLC?
Revised: Would establish the California Abandoned and Derelict Commercial Vessel Program within the Natural Resources Agency, to be administered by the State Lands Commission, to bring federal, state, and local agencies together to identify, prioritize, and, upon appropriation by the Legislature or a determination of the availability of existing funds, as provided, fund the removal of abandoned and derelict commercial vessels, as defined, from waters of the state, as defined. The bill would require the commission, as part of the program, to create an inventory of abandoned and derelict commercial vessels on the waters of the state and develop a plan to prevent or reduce these abandoned and derelict commercials vessels, as provided.
4/28/2022-Read second time and amended. Re-referred to Com. on APPR.

SB 1075 Skinner D Hydrogen: green hydrogen: emissions of greenhouse gases.
Revised: Would create the California Clean Hydrogen Hub Fund within the State Treasury, and make the moneys in the fund available for expenditure, upon appropriation by the Legislature. The bill would require the California Infrastructure and Economic Development Bank to administer the fund and would authorize the bank to provide grants to public, private, and nonprofit businesses and entities for the support of projects in California that demonstrate and scale the production, processing, delivery, storage, and end use of clean hydrogen, as specified. The bill would require the bank to prepare, and the 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.
5/4/2022-Read second time and amended. Re-referred to Com. on APPR.

SB 1136 Portantino D California Environmental Quality Act: expedited environmental review: climate change regulations (Recent)
The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires specified public agencies, including air pollution control districts and air quality management districts, to perform, at the time of adoption of a rule or regulation requiring the installation of pollution control equipment or a performance standard or treatment requirement, an environmental analysis of the reasonably foreseeable methods of compliance. This bill would also require those specified public agencies, at the time of adoption of a rule or regulation requiring compliance with an energy efficiency standard, to perform an environmental analysis of the reasonably foreseeable methods of compliance.
4/29/2022-Set for hearing May 9.

SB 1153 Archuleta D Rechargeable Battery Recycling Act of 2006: data reporting. Y ?
Revised: The Rechargeable Battery Recycling Act of 2006 requires the Department of Toxic Substances Control, by July 1 of each year, to survey, as specified, battery handling or battery recycling facilities, and to post on its internet website the estimated amount, by weight, of each type of rechargeable batteries returned for recycling during the prior year. This bill would require a battery handling or battery recycling facility to provide that data to the department in the form requested by the department and on or before the date requested by the department.
5/3/2022-Read second time. Ordered to consent calendar.

SB 1181 Hueso D Used tires: sale and export. Was Solid waste: waste tires.
Revised: The California Tire Recycling Act requires the Department of Resources Recycling and Recovery to adopt a 5-year plan, which is to be updated biennially, to establish goals and priorities for the waste tire program. The act requires the biennial update to describe the effectiveness of each element of the waste tire program, including specified border region activities that include, among others, tracking both the legal and illegal waste and used tire flow across the border and recommending revisions to the waste tire policies of California and Mexico. This bill would require the department to strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California and the nearby State of Sonora.
4/29/2022-Set for hearing May 9.

SB 1187 Kamlager D Fabric recycling: pilot project. Y
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.
5/2/2022-Read second time and amended. Re-referred to Com. on APPR.

SB 1204 Wieckowski D Fertilizing materials: biochar.
Current law generally regulates fertilizer materials and provides for the licensure of individuals who manufacture or distribute fertilizing materials. Current law defines various terms for the purpose of carrying out these provisions, including biochar, defined as materials derived from thermochemical conversion of biomass in an oxygen-limited environment containing at least 60% carbon. This bill would make a nonsubstantive change to the definition of biochar.
3/2/2022-Referred to Com. on RLS.

SB 1206 Skinner D Hydrofluorocarbon gases: sale or distribution. (Recent)
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.
4/18/2022-April 18 hearing: Placed on APPR suspense file.

SB 1215 Newman D Responsible Battery Recycling Act of 2022. Y CAW
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.
4/29/2022-Set for hearing May 9.

SB 1232 Allen D Solid waste: products: labeling: biodegradability. Y ?
Revised: Current law prohibits the sale or offering for sale of a product that is labeled as “biodegradable,” “degradable,” or “decomposable,” and prohibits implying that a product will break down, fragment, biodegrade, or decompose in a landfill or other environment, unless the product meets one of several specified standards relating to environmental marketing claims. This bill would additionally allow a manufacturer to make a claim that a product is “biodegradable,” “degradable,” or “decomposable” if the product, among other things, does not contain an intentionally added ingredient determined by the Office of Environmental Health Hazard Assessment to present a risk to human health from dermal or oral exposure or if the office, in consultation with the Department of Resources Recycling and Recovery, determines, with respect to a specific product, material, or ingredient, that there is competent and reliable evidence supporting a claim that it is “biodegradable,” “degradable,” or “decomposable.”
4/25/2022-April 25 hearing: Placed on APPR suspense file.

SB 1255 Portantino D Single-use products waste reduction: Dishwasher Grant Program for Waste Reduction in K–12 Schools and Community Colleges. * Y
Would establish the Dishwasher Grant Program for Waste Reduction in K–12 Schools and Community Colleges to be administered by the Department of Resources Recycling and Recovery to provide grants to school districts, charter schools, and community college districts for the purchase and installation of commercial dishwashers at the schoolsites and campuses, as specified. The bill would require the department to award grants of up to $40,000 per kitchen of a school or campus of an applicant district, as specified. The bill would require the department to develop administrative guidelines for implementation of the program, as specified. The bill would require the department to develop materials and conduct outreach to those local educational agencies about the program, as provided. The bill would authorize the department to work with the State Department of Education, the Office of the Chancellor of the California Community Colleges, or other relevant state agencies for purposes of the program. The bill would make the implementation of these provisions contingent on an appropriation being made for its purposes by the Legislature in the annual Budget Act or another statute.
4/29/2022-Set for hearing May 9.

SB 1256 Wieckowski D Waste management: disposable propane cylinders. Y
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.
4/21/2022-Read second time. Ordered to third reading.

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.

Other Bill(s) – NCRA Support

  • AB 1819 Lee D Political Reform Act of 1974: Contributions and expenditures by foreign-influenced business entities.   NCRA Support
    The Political Reform Act of 1974 prohibits a foreign government or principal from making any contribution, expenditure, or independent expenditure in connection with a state or local ballot measure or an election for a state or local office. This bill would expand these prohibitions to include contributions, expenditures, or independent expenditures made by a foreign-influenced business entity, as defined, in connection with an election or ballot measure. A foreign-influenced business entity means a corporate entity in which any of the following occur:
    1.  A single foreign principal owns or controls 1 % or more of the company.
    2.  Multiple foreign principals, in aggregate, own or control 5 % or more of the company.
    3.  One or more foreign principals participates in the decision-making process with respect to contributing towards a state or local ballot measure or election.