California Department of Resources Recycling and Recovery (CalRecycle) 

California Solid Waste Legislation

Final Status of Priority Bills, 2009-2010 Session

This is the final status of bills at the end of the 2009-10 legislative session.

Assembly Bills
Bill Information Location Summary

AB 147 (Saldana)

D-San Diego

Hazardous Waste: Electronic Waste

Vetoed

This bill would have required a manufacturer, at the request of the Department of Toxic Substances Control (DTSC), to prepare and submit to DTSC, within 28 days, documentation that an electronic device for sale or offered for sale, is not prohibited from being sold in the state. This bill also would haverequired DTSC to have reasonable cause, as defined, prior to making the request.

AB 274 (Portantino)

D-Pasadena

Solid Waste: Landfills: Closure Plans

Chapter 318, Statutes of 2009

Establishes the Solid Waste Postclosure Trust Fund (Trust Fund) that would be funded by a voluntary $0.12 per ton fee assessed on solid waste disposed in California. Furthermore, this bill states that the new fee would not be operative after January 1, 2012, unless the California Integrated Waste Management Board (CIWMB; now CalRecycle) receives letters of intent to participate in the Trust Fund by July 1, 2011, from landfill operators representing at least 50 percent of the total annual waste disposal volume in 2010.

AB 471 (Nava)

D-Santa Barbara

Legal Services

Vetoed

This bill would have made technical, non-substantive changes to existing law relating to the ability of State agencies to retain legal counsel and to use the services of the Attorney General’s Office.

AB 473 (Blumenfield)

D-Van Nuys

Solid Waste: Multifamily Dwellings

Vetoed

This bill would have required owners of multifamily dwellings, unless exempted under the bill, to arrange for recycling services for residents by July 1, 2010.

AB 737 (Chesbro)

D-Eureka

Solid Waste: Diversion

Vetoed

This bill would have: (1) Required CalRecycle to report to the Legislature by January 1, 2013 on the current diversion rate in the State and provide strategies to increase the diversion rate to 75 percent by 2020, including the costs associated with each strategy; (2) Required businesses that meet specified thresholds in the bill to arrange for recycling services by January 1, 2011; (3) Streamlined the amendment process for non-disposal facility elements (NDFEs), by allowing changes without approval from a local task force; and (4) Allowed a solid waste facility to modify their existing permit, instead of having to undergo a permit revision, under specified circumstances.

AB 828 (Lieu)

D-Torrance

Green Building Standards

Vetoed

This bill would have required the California Building Standards Council or any state agency, when developing and proposing green building standards, to seek the input of specified state agencies, including the CIWMB (now CalRecycle), that have expertise on green building.

AB 1004 (Portantino)

D-Pasadena

Solid Waste: State Solid Waste Postclosure and Corrective Action

Chapter 417, Statutes of 2010

AB 274 (Portantino, Chapter 318, Statutes of 2009) established the State Solid Waste Postclosure and Corrective Action Trust Fund (Trust Fund), for the purposes of protecting the State from any future liability associated with the cleanup of closed solid waste facilities. This bill delays the effective date of the Trust Fund from January 1, 2012 to July 1, 2012, an extension of six months, and revises all subsequent dates relating to the administration of the Trust Fund and reporting requirements by a specified amount of time. This bill also gives the landfill owners, rather than landfill operators, the final say as to whether to participate in the Trust Fund.

AB 1164 (Tran)

R-Costa Mesa

Maintenance of Codes

Chapter 140, Statutes of 2009

As it relates to the CIWMB (now CalRecycle), this bill corrects a drafting error in Public Resources Code Section 41825, which was added in 2008 by the CIWMB-sponsored SB 1016 (Wiggins, Chapter 343, Statutes of 2008.)

AB 1173 (Huffman)

D-San Rafael

Hazardous Materials: Fluorescent Lamps: Recycling

Vetoed

This bill would have established a system for the recycling of certain residentially-generated fluorescent lamps that is free and convenient for end users by requiring manufacturers that receive subsidized funding for compact fluorescent lamps (CFLs) to implement a recycling program.

AB 1343 (Huffman)

D-San Rafael

Solid Waste: Architectural Paint: Recovery Program

Chapter 420, Statutes of 2010

Creates an architectural paint recovery program which requires manufacturers to develop and implement a program to collect, transport, and process postconsumer paint to reduce the public costs and environmental impacts of the management of postconsumer paint in California. Further, this bill requires CalRecycle to administer the program, approve and disapprove plans, and provide oversight to ensure a level playing field among manufacturers.

AB 1585 (Committee on Accountability and Administrative Review)

State Government: Reporting Requirements: Required Repealer

Chapter 7, Statutes of 2010

Revises the procedures for submitting mandated reports to the Legislature and deletes several obsolete reports.

AB 1659 (Huber)

D-Lodi

State Government: Agency Repeals

Chapter 666, Statutes of 2010

Creates the Joint Sunset Review Committee (Committee), which is required to conduct a comprehensive analysis of every non-Constitutional State agency to determine if the agency is cost effective and necessary. Should the ten appointee (five Assembly/five Senate) Committee conclude that the State agency be scheduled for repeal, the State agency in question is required to submit a report to the Committee containing specified information and the Committee would hold a public hearing to determine the fate of the agency.

AB 2398 (Perez)

D-Los Angeles

Product Stewardship: Carpet

Chapter 681, Statutes of 2010

Creates a product stewardship program for carpet and requires a manufacturer or product stewardship organization acting on behalf of a manufacturer(s), to establish and submit to CalRecycle a product stewardship plan aimed at increasing the amount of carpet diverted from landfills and recycled into secondary products. Further, the bill requires CalRecycle to administer the program, approve and disapprove plans, and provide oversight to ensure a level playing field among manufacturers.

AB 2738 (Niello)

R-Sacramento

Regulations: Agency Statement of Reasons

Chapter 398, Statues of 2010

Requires each State agency to consider the imposition of performance standards before mandating the use of specific technologies or equipment, or prescribe specific actions. This bill further requires each State agency to provide a description of any performance standard that was considered as an alternative. This bill becomes operative on January 1, 2012, and remains in effect until January 1, 2014. This bill is an urgency measure.

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Senate Bills
Bill Information Location Summary

SB 167 (Ducheny)

D-San Diego

Solid Waste: Waste Tires

Chapter 333, Statutes of 2009

Requires the CIWMB’s (now CalRecycle) Five Year Tire Plan to include, as a border activity, the development of projects in Mexico’s California-Mexico border region. Such efforts include education, infrastructure, mitigation, cleanup, prevention, reuse, and recycling projects to address the movement of used tires from California to Mexico that are eventually disposed in California. The bill also authorizes use of the tire fee for such purposes.

SB 228 (DeSaulnier)

D-Concord

Plastic Bags: Compostable Plastic Bags

Chapter 406, Statutes of 2010

Requires manufacturers of compostable plastic bags meeting specific American Society for Testing Materials standards to ensure that the bag is readily and easily identifiable from other plastic bags.

SB 230 (Cogdill)

R-Fresno

Waste Tire Haulers: Registration

Chapter 41, Statutes of 2009

Adds to an existing list of exemptions from having to register with the CIWMB (now CalRecycle) as a waste and used tire hauler. Further, this bill exempts a person transporting illegally dumped waste and/or used tires to an amnesty day or other CIWMB (now CalRecycle)-authorized facility as long as the person has received written authorization from the local enforcement agency, including documentation that a police report has been filed.

SB 390 (Kehoe)

D-San Diego

Solid Waste: Recycling Market Development

Chapter 275, Statutes of 2010

Extends the sunset date from July 1, 2011 to July 1, 2021 for the Recycling Market Development Zone (RMDZ) Loan Program, administered by CalRecycle. Further, the bill eliminates the current requirement that funds transferred from CalRecycle’s Integrated Waste Management Account to the RMDZ Loan Subaccount be treated as a loan and repaid with interest.

SB 486 (Simitian)

D-Palo Alto

Medical Waste: Sharps Waste

Chapter 591, Statutes of 2009

Requires a pharmaceutical manufacturer who sells or distributes medication sold in California and is injected at home through a sharps device, such as a hypodermic needle, to submit to the CIWMB (now CalRecycle), or its successor, a plan on or before July 1, 2010, and annually thereafter, that describes how it supports the safe collection and disposal of home-generated sharps waste. Further, the bill requires a pharmaceutical manufacturer and the CIWMB (now CalRecycle) to post the plans on their respective websites.

SB 546 (Lowenthal)

D-Long Beach

Used Oil

Chapter 353, Statutes of 2009

Recasts the CIWMB’s (now CalRecycle) Used Oil Program, making the program more efficient and allows the CIWMB (now CalRecycle) to focus on collection of oil from “Do-It-Yourselfers,” streamline local jurisdiction grants, discourage illegal disposal of used oil, and provide incentives to manufacturers of re-refined oil in order to develop additional capacity for the re-refining of used oil. Further, this bill changes the testing and analysis process for used oil and revises the certification and reporting requirements for both in and out-of state recycling facilities.

SB 579 (Lowenthal)

D-Long Beach

Used Oil

Chapter 504, Statutes of 2010

Requires CalRecycle to provide used oil recycling incentives in order to promote the collection and recycling of used oil. This bill makes clarifying changes and fixes erroneous errors made to CalRecycle’s Used Oil Program by SB 546 (Lowenthal, Chapter 353, Statutes of 2009).

SB 627 (Calderon)

D-Montebello

Chapter 603, Statutes of 2009

Requires core recyclers, as defined, to comply with additional recordkeeping and identification procedures and new payment restrictions when purchasing catalytic converters, as defined.

SB 855 (Committee on Budget and Fiscal Review)

Budget Act of 2010: Resources

Chapter 718, Statutes of 2010

Specifies the manner in which CalRecycle must provide quarterly updates to the Legislature on the status of the Beverage Container Recycling Fund. The bill also includes various technical clean-up provisions within the Beverage Container Recycling and Litter Reduction Act; makes clarifying and conforming changes to the solid waste tipping fee as it relates to water board and regional water board regulatory activities; and requires the Governor to submit a report to the Legislature by April 1, 2011 for the 2011-12 budget that includes a zero-based budget methodology for all state agency climate change programs.

SB 1454 (DeSaulnier)

D-Concord

Recycling: Plastic Products

Vetoed

This bill would have combined two similar chapters in current law, which prohibit the sale of a plastic bag or a plastic food or beverage container from being labeled as “compostable,” “marine degradable,” “biodegradable,” “degradable,” and “decomposable,” unless it meets specific American Society for Testing and Materials (ASTM) Standards. The new chapter would have been entitled, “Plastic Products.” Changes to existing law made by this bill would have expanded the scope of plastic products subject to the sales prohibition, and allowed CalRecycle to adopt existing standards for qualified or specific claims (such as “home compostable”) that are more stringent than ASTM Standards if it so chooses.

SB X1 3 (Ducheny)

D-San Diego

Budget Act of 2008: Revisions

Vetoed

This budget trailer bill would have extended the repayment of loans to the State’s General Fund from the CIWMB’s (now CalRecycle) California Tire Recycling Management Fund, the Recycling Market Development Revolving Loan Subaccount, and the Integrated Waste Management Account that was originally appropriated in the 2003-04 Budget Act. Under the 2003-04 Budget Act, these loans were to be repaid during the second half of the 2008-09 fiscal year. SBX1 3 would have amended the repayment schedule to occur in the second half of the 2010-11 fiscal year.

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Last updated: June 7, 2011
Legislation http://www.calrecycle.ca.gov/Laws/Legislation/
Legislative Affairs Office: (916) 341-6283