Existing law requires the Department of Toxic Substances Control to adopt regulations for the identification and management of hazardous wastes. Existing law authorizes the department to adopt regulations designating end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject to regulations applicable to universal waste management. Federal regulations identify solid wastes which are subject to regulation as hazardous wastes. Federal regulations exclude from the definition of solid waste for that purpose hazardous secondary material that is generated and then transferred to another person for the purpose of reclamation under specified circumstances. This bill would require the department, on or before July 1, 2028, to convene one or more public workshops for interested parties to comment on the applicability of the above-described federal regulations to hazardous waste streams, including, but not limited to, solar photovoltaic modules, generated in California. The bill would require the department, on or before July 1, 2029, to consider the feedback received and evaluate the applicability of those federal regulations to end-of-life solar photovoltaic modules as an alternative to one or more of the state standards governing hazardous waste and universal waste management. The bill would authorize the department, based on findings of the evaluation, to adopt, by regulation, the federal regulations, subject to revision as necessary, and apply them to end-of-life solar photovoltaic modules that are identified as hazardous waste under existing state law.
(1) 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. The act establishes stewardship programs for various products, including, among others, carpet. The act includes a product stewardship for carpet program and a successor carpet producer responsibility program, and requires the product stewardship for carpet program to become inoperative upon the completion of certain conditions related to the implementation of the successor carpet producer responsibility program. Existing law, the product stewardship for carpet program, requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit a carpet stewardship plan to the department, which is required to include specified elements, including achieving specified carpet recycling rates and a funding mechanism that provides sufficient funding to carry out the plan. Existing law authorizes the department to administratively impose a civil penalty of $10,000 per day on any person in violation of the program or $25,000 per day if the violation is intentional, knowing, or negligent, as specified. This bill would instead authorize the department to impose administrative, rather than civil, penalties in those amounts, and to impose an administrative penalty of $25,000 per day if the violation is intentional or knowing. Existing law requires a carpet stewardship organization to include nonvoting board members with representation from, among others, a retailer that sells carpet. This bill would instead require the stewardship organization to create a governing board for the stewardship program, as specified. Existing law requires a manufacturer of carpets sold in this state, individually or through a carpet stewardship organization, to submit to the department an annual report describing its activities to achieve the purposes of the program, as provided. Existing law authorizes a carpet stewardship organization to award grants and subsidies to incentivize the recycling of carpet materials that have the highest recyclability. This bill would require a carpet stewardship organization to include in its annual report specified information related to the grants and subsidies provided pursuant to the program, as specified. (2) Existing law, the successor carpet producer responsibility program, requires producers of covered products to form and join a single producer responsibility organization (PRO) for the collection and recycling of a covered product. Existing law defines a "covered product" as carpet, as defined, and requires the PRO to develop a producer responsibility plan for the collection, transportation, recycling, and the safe and proper management of covered products in the state. Existing law requires, no later than January 1, 2029, a person who removes a covered product as part of the installation of a covered product to transport, or contract to transport, all of the removed covered product to an approved collection site, as provided. Under existing law, an approved collection site is a solid waste facility that has agreed to be a collection site for the PRO. This bill would exempt a covered product from this transport requirement if certain conditions are met, including that it is returned to the producer. The bill would expand approved collection sites to include certain carpet recycling centers, municipal facilities, and retailers. Existing law requires the governing board of a PRO to include 4 nonvoting members, including, but not limited to, a nonvoting member representing a nonprofit organization established to promote a circular economy and to address environmental issues. Existing law requires the PRO to submit an annual report to the department on or before July 1 of each year, as provided. Existing law requires a producer to publish on its internet website, for each of its covered products, an environmental product declaration that identifies a covered product's components, as provided. This bill would instead require one voting and 5 nonvoting members, as specified. The bill would require the annual report to be submitted on or before September 1 of each year, instead of July 1 of each year. The bill would instead require a producer to publish on its internet website, for each of its covered products, the components that constitute more than 1% of the product's weight and any component that is a hazardous chemical, as specified. Existing law requires the PRO to submit to the department an annual report, as specified, and to make the report publicly available on the PRO's internet website. Existing law requires the PRO to provide annual grants to apprenticeship programs for training carpet installers in proper carpet recycling techniques, as provided. This bill would require the PRO to include in its annual report specified information related to the grants and incentive payments provided pursuant to the program, as specified. Existing law requires a producer responsibility plan, among other things, to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, as provided. Existing law requires the department to adopt regulations to implement the program with an effective date no earlier than December 31, 2026. This bill would instead require a producer responsibility plan to explain how producers will use standardized stamping or some other means to provide a visual mark on the back of a covered product that provides the name of the producer, the date of manufacture, and a listing of the types of face fibers and backing materials contained in the product. The bill would instead require the department to adopt the regulations no later than December 31, 2026. Existing law requires a producer responsibility plan in effect as of January 1, 2025, to continue in effect, as provided, until it expires or is revoked, except that the PRO is required to submit an amendment to conform the producer responsibility plan to certain requirements. This bill would eliminate the requirement to submit an amendment to the producer responsibility plan.
The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling. The act defines "beverage container" to mean the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and that is constructed of metal, glass, or plastic, or other material, or any combination of these materials, but does not include cups or other similar open or loosely sealed receptacles. A violation of the act is a crime. Existing law authorizes the department, subject to the availability of funds, to pay a quality incentive payment of up to $180 per ton to qualified recyclers for thermoform plastic containers diverted from curbside recycling programs, as provided. This bill would delete that authorization. The bill would instead require, on and after January 1, 2027, if a beverage is subject to the act and offered for sale in a plastic beverage container with a plastic cap, beverage manufacturers to ensure that the container has a cap that is tethered to the container that prevents the separation of the cap from the container when the cap is removed from the container by the consumer. The bill would exempt, until January 1, 2028, any type of beverage container with a recycling rate of better than 70% for calendar years 2022 and 2023, as determined by the department, from compliance with that requirement. The bill would exempt beverage containers with a capacity of 2 liters or more and beverage containers that contain beer or other malt beverages, wine or distilled spirits, or 100% fruit juice from the scope of the bill. The bill would also exempt a refillable plastic beverage container and a beverage manufacturer that sold or transferred 16,000,000 or fewer plastic beverage containers, as provided, during the previous calendar year from the scope of the bill. By creating a new requirement under the act, a violation of which would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Department of Resources Recycling and Recovery to adopt and revise regulations setting forth minimum standards for composting, in accordance with law. Existing regulations require all compostable materials handling activities to obtain a permit prior to commencing operations and to comply with specified requirements. Existing regulations specify 4 regulatory tiers for composting operations, with different requirements for each tier. The 4 tiers are excluded, enforcement agency notification, registration permit, and full solid waste facility permit. In the excluded tier, existing regulations specify the "excluded activities" that do not constitute compostable material handing operations or facilities and, therefore, are not subject to permit requirements or other regulatory requirements. One of the excluded activities is the composting of green material, agricultural material, food material, and vegetative food material, alone or in combination, if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet. This bill would expand this excluded activity exemption for composting activities by eliminating the maximum square-foot condition and authorizing a total amount of feedstock and compost onsite at any one time of up to 200 cubic yards, or 500 cubic yards for a composting activity owned by a public agency, as defined. The bill would also authorize the Department of Resources Recycling and Recovery to further increase those amounts by regulation. The bill would also make the composting of agricultural materials and residues that are from a large-scale biomass management event at an agricultural facility that does not otherwise operate as a solid waste facility an excluded activity, as specified. Existing regulations prohibit a composting operation from giving away or selling more than 1,000 cubic yards of compost product annually if it is in the excluded tier or if it is an agricultural material composting operation in the enforcement agency notification tier, its feedstock is both green material and agricultural material, and the operation is located on land zoned for agricultural uses. This bill would authorize composting activities to give away or sell up to 5,000 cubic yards of compost product annually. The bill would authorize the Department of Resources Recycling and Recovery to increase, by regulation, that amount when the composting is of agricultural materials and residues that are from a large-scale biomass management event at an agricultural facility.
The California Beverage Container Recycling and Litter Reduction Act, a violation of which is a crime, requires a distributor of beverage containers, as defined, to pay to the Department of Resources Recycling and Recovery a monthly redemption payment for every beverage container sold or transferred, as provided. The act requires the department to deposit those amounts into the California Beverage Container Recycling Fund. The fund is continuously appropriated to, among other things, pay refund values and administrative fees to processors that receive empty beverage containers from recyclers. The act specifies that a beverage container that is a box, bladder, or pouch, or similar container, containing wine or distilled spirits has a redemption payment and refund value of $0.25. This bill would reduce the redemption payment and refund value for one of those wine or distilled spirit beverage containers, if it has a capacity of less than 24 fluid ounces, from $0.25 to $0.10, beginning January 1, 2026. By expanding the scope of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The California Beverage Container Recycling and Litter Reduction Act, a violation of which is a crime, requires a distributor of beverage containers, as defined, to pay to the Department of Resources Recycling and Recovery a monthly redemption payment for every beverage container sold or transferred, as provided. The act requires the department to deposit those amounts into the California Beverage Container Recycling Fund. The fund is continuously appropriated to, among other things, pay refund values and administrative fees to processors that receive empty beverage containers from recyclers. The act authorizes, until January 1, 2028, the department to pay a market development payment to a glass beverage container manufacturer who purchases recycled glass collected within this state for use in manufacturing new beverage containers in this state, as provided. The act requires the department to set the market development payment at an amount not to exceed $50 per ton. The act continuously appropriates $60,000,000 annually from the fund to the department to the make market development payments. This bill would authorize the department to set the market development payment at different levels, but would prohibit that payment from exceeding $150 per ton. The bill would, on and after January 1, 2028, and until January 1, 2030, authorize the department to expend $20,000,000 annually from the fund, upon appropriation by the Legislature, for glass market development payments.
Existing law provides that the Office of Land Use and Climate Innovation serves the Governor and the Governor's Cabinet as staff for long-range planning and research, and constitute the comprehensive state planning agency. In that capacity, existing law requires the office to, among other things, assist local governments in land use planning. Existing law, the California Integrated Waste Management Act of 1989, establishes the Department of Resources Recycling and Recovery to administer an integrated waste management program. Existing law establishes a goal that statewide landfill disposal of organic waste be reduced from the 2014 level by 75% by 2025. This bill, on or before June 1, 2027, would require the Office of Land Use and Climate Innovation, in consultation with the Department of Resources Recycling and Recovery, to develop and post on the office's internet website, a technical advisory, as provided, reflecting best practices to facilitate the siting of composting facilities to meet the organic waste reduction goals. The bill would require the office to consult with specified entities throughout the development of the technical advisory. The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, solid and liquid waste disposal facilities, and other categories of public and private uses of land, as prescribed. This bill, upon a substantive revision of the land use element, as specified, on or after January 1, 2029, would require a city, county, or city and county to consider, among other things, the best practices, sample general plan, and model ordinance reflected in the technical advisory and to consider updating the land use element to identify areas where composting facilities may be appropriate as an allowable use. By increasing duties on a city, county, or city and county, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The California Beverage Container Recycling and Litter Reduction Act requires plastic beverage containers sold by a beverage manufacturer, as specified, to contain a specified average percentage of postconsumer recycled plastic per year. The act requires the manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value to report to the Department of Resources Recycling and Recovery certain information about the amounts of virgin plastic and postconsumer recycled plastic used for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. Existing law requires the department to post this reported information on its internet website, as provided. Existing law provides that a violation of the act or a regulation adopted pursuant to the act is a crime. The act subjects a beverage manufacturer that does not meet the minimum postconsumer recycled plastic content requirements to an annual administrative penalty, as provided. Under the act, the penalty is set at $0.20 for each pound of virgin plastic used in lieu of the required amount of postconsumer recycled plastic, as provided. This bill would instead set the administrative penalty at $0.30 for each pound of virgin plastic used in lieu of the required amount of postconsumer recycled plastic. This bill, beginning on or before March 1, 2028, would require a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value to also provide to the department proof that the postconsumer recycled content used by the beverage manufacturer for plastic beverage containers is able to be validated and is validated by a third party, as specified. The bill would require a validation regarding the postconsumer recycled content of plastic provided by a manufacturer of postconsumer recycled plastic to be accurate. By creating new crimes, the bill would impose a state-mandated local program. The bill would require the department to publish on its internet website a list of beverage manufacturers and their associated brand names, indicate whether they have complied with applicable postconsumer recycled plastic requirements, and provide other information the department deems appropriate. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Secretary for Environmental Protection to adopt regulations and implement a unified hazardous waste and hazardous materials management regulatory program. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program, and every county is required to apply to the secretary to be certified to implement the unified program as a Certified Unified Program Agency (CUPA) . Existing law establishes the Rural CUPA Reimbursement Account in the General Fund, and requires the Secretary for Environmental Protection to allocate funds to counties with populations of less than 150,000 persons for which a CUPA has not been certified on or before January 1, 2000, and in which the unified program has been implemented by a CUPA designated by the secretary, as specified, in amounts not to exceed designated percentages of budgeted costs. This bill, contingent on an appropriation for its purposes, would make every county with a population of less than 150,000 persons eligible for these funds without regard to the date of certification or the qualification regarding CUPA implementation of the unified program.
Existing law establishes the California Beverage Container Recycling and Litter Reduction Act, which requires that every beverage container sold or offered for sale in this state have a refund value. The act requires a beverage distributor 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 requires the department to deposit those amounts in the California Beverage Container Recycling Fund. This bill would state the intent of the Legislature to enact subsequent legislation to implement policies to encourage the use of in-state collected plastic beverage container materials for reuse in manufacturing and packaging in state.
