Existing law establishes methane emissions reduction goals that include a target to reduce landfill disposal of organics by 75% of the 2014 level of the statewide disposal of organic waste by 2025. Existing 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. Existing law authorizes a local jurisdiction to count specified recovered organic waste products towards up to 10% of its recovered organic waste procurement target. This bill would additionally authorize a local jurisdiction to count a beneficial agricultural amendment derived from organic waste that may include biosolids towards up to that 10% of its recovered organic waste procurement target if the material meets the requirements to be deemed to constitute a reduction in landfill disposal, the material is registered or approved for end use as a fertilizing material by the Department of Food and Agriculture, and the material is not derived from, or processed using, specified activities relating to the final deposition or management of solid waste, as provided. The bill would require the amount of the procured materials to be calculated using the dry weight of the materials. Existing law authorizes a local jurisdiction to count compost produced and procured from specified compost operations towards its recovered organic waste procurement target, including, under specified conditions, operations composting green material, agricultural material, food material, and vegetative food material 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 repeal that authorization, but would instead authorize a local jurisdiction to count towards its procurement target compost produced and procured from certain composting operations, including the composting of green material, agricultural material, food material, and vegetative food material if the total amount of feedstock and compost onsite at any one time does not exceed either 200 cubic yards or, for a composting activity owned by a public agency, as defined, 500 cubic yards, amounts that may be increased by regulation, as specified.
(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, creates a program for the recycling of rigid plastic packaging containers. The program defines "rigid plastic packaging container" to mean a plastic package having a relatively inflexible finite shape or form, with a capacity between 8 fluid ounces and 5 fluid gallons, that is capable of maintaining its shape while holding other products, including, but not limited to, bottles, cartons, and other receptacles, for sale or distribution in the state. The program generally requires a rigid plastic packaging container sold or offered for sale in this state to meet one of specified criteria, including, but not limited to, having been made from 25% postconsumer material or being a reusable package or a refillable package, unless a waiver or an exemption applies. Notwithstanding these provisions, the program deems a manufacturer in compliance with the program if the manufacturer demonstrates that it, or another company under the same corporate ownership, either consumed or arranged for the purchase and consumption of certain amounts of postconsumer material generated in the state for the manufacture of rigid plastic packaging containers or other plastic products or packaging not subject to the program, as provided. The program makes a violation of these provisions a public offense punishable by a fine of not more than $100,000. The program also subjects a violation of these provisions to a civil penalty of not more than $50,000, as provided. The program requires the department to deposit all penalties and fines into the Rigid Container Account in the Integrated Waste Management Fund in the State Treasury. The program requires the moneys in the account to be expended by the department, upon appropriation by the Legislature, to assist local governmental agencies to develop and implement collection and processing systems for the recycling of materials covered by the program, for the development of markets for these materials, and for the department's costs of implementing the program. The program requires the department to adopt regulations to implement the program, as provided. This bill would repeal the program and replace it with a new program for recycling plastic packaging and products. The bill would require, on or before July 1, 2026, and annually thereafter, a manufacturer of a covered product, as defined, to pay an annual registration charge and to register with the department, as specified. The bill would require a manufacturer to provide certain information during registration, including, but not limited to, the brand name of each of the manufacturer's covered products. The bill would subject a manufacturer that is not in compliance with the registration requirement to an administrative civil penalty of not more than $5,000 per day per violation, as specified. The bill would, on and after January 1, 2029, require a manufacturer to include, as part of its annual registration, proof of third-party certification of the postconsumer recycled content of each of its covered products. The bill would require the third-party certification to be provided under penalty of perjury. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would require a manufacturer to meet certain annual minimum postconsumer recycled content percentages for covered products, as specified. The bill would authorize the department to grant a waiver for up to 2 years, upon application, from these requirements, as specified. The bill would require certain information to be included in a waiver application and would require a waiver application charge not to exceed $1,000. The bill would require the department to assess an administrative civil penalty for a violation on a per-pound basis for each pound of virgin material that was used by a manufacturer in its products instead of the minimum postconsumer recycled content, as specified. The bill would authorize the department to reduce this administrative civil penalty if the manufacturer submits, and the department approves, a corrective action plan, as specified. This bill would require the department to deposit all penalties and fines paid pursuant to the program into the Rigid Container Account, which this bill would continue in existence. The bill would require moneys deposited into the account to be expended by the department, upon appropriation by the Legislature, to assist local governmental agencies to develop and implement collection and processing systems for the recycling of materials that are subject to the program, for the development of markets for these materials, and for the department's actual and reasonable costs of implementing the program. This bill would require, on and after April 1, 2028, a manufacturer to provide to the department, in a format and manner prescribed by the department, an annual report that includes specified information regarding amounts and types of plastics used in covered products. The bill would exempt confidential and proprietary information, collected by the department from manufacturers for purpose of the program, from disclosure pursuant to the California Public Records Act. This bill would authorize a manufacturer to authorize an organization to act on its behalf in complying with certain requirements, including, but not limited to, registration and annual reporting requirements. The bill would exempt certain covered products from the program, as specified. This bill would require the department to adopt regulations to implement and enforce the program, as specified. The bill would require the department to establish an electronic registration process on its internet website. (2) The California Integrated Waste Management Act of 1989 requires a manufacturer of certain plastic trash bags to ensure that the recycled plastic postconsumer material in the bag is equal to at least 10% of the weight of the bag, or that at least 30% of the weight of the material used in all of the manufacturer's plastic products is recycled plastic postconsumer material, as provided. Existing law requires a manufacturer of a plastic trash bag to submit an annual report to the Department of Resources Recycling and Recovery certifying compliance with these postconsumer materials requirements, as specified. Existing law requires the department to survey manufacturers and report to the Legislature on, among others, the quantity of recycled plastic postconsumer material provided by suppliers within the state and the quantity of the material provided by suppliers outside the state. Existing law requires a wholesaler of plastic trash bags to annually certify to the department the name and physical location of each manufacturer from whom it purchased plastic trash bags, as provided. Existing law authorizes the department to adopt regulations to implement these provision, as specified. Existing law prohibits a supplier, manufacturer, or wholesaler, as provided, that is not in compliance with these provisions from being eligible for a state contract or subcontract, as provided. This bill would repeal these provisions. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. (4) 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 Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as a part of the market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. Existing law requires the Department of Resources Recycling and Recovery, upon appropriation, to administer a grant program to provide financial assistance to promote the in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Existing law requires the grant program to provide eligible financial assistance for certain activities, including activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention. Existing law specifies eligible infrastructure projects for purposes of the program, including, but not limited to, the construction of facilities to help develop, implement, or expand edible food waste recovery operations. This bill would expand the grant program to provide financial assistance for the recovery of edible food, as specified. The bill would specify that eligible infrastructure projects includes the construction or expansion of facilities to help develop, implement, or expand edible food waste recovery operations. The bill would require the department to consider the increased amount of edible food recovery capacity that the project will create when awarding a grant for edible food recovery.
Existing law establishes a paint product recovery program for the purpose of requiring paint manufacturers to develop and implement a stewardship plan to collect, transport, and process postconsumer paint to reduce the costs and environmental impacts of the disposal of postconsumer paint in this state. Existing law defines various terms for the purpose of the program. Existing law requires a stewardship plan to include consumer, contractor, and retailer education and outreach efforts to promote source reduction and recycling products, and authorizes the development and updating of education and outreach materials. This bill would state that the purpose of the program is also to require paint manufacturers to develop and implement a program to recover, reuse, and recycle postconsumer paint. The bill would define "paint recovery" to mean the process of collecting and transporting leftover paint for the purpose of reuse, processing, or recycling to reduce its environmental impact and disposal costs. The bill would require, rather than authorize, the development and updating of education and outreach materials, would require a stewardship plan's education and outreach efforts to also promote the proper use and handling of paint products, and would require those efforts to include investment in the training of California's future workforce by working with California apprenticeship programs for training apprentices and journey-level painters.
(1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. The act requires each state agency to divert at least 50% of all solid waste through source reduction, recycling, and composting activities. "State agency" is defined, for purposes of these requirements, to include the California Community Colleges. The act requires each state agency to develop and adopt an integrated waste management plan to reduce solid waste, reuse materials whenever possible, recycle recyclable materials, and procure products with recycled content in all state agency offices and facilities, including any leased locations, as provided. The act requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste by at least 50%, as provided. This bill would require a state agency to include in its integrated waste management plan descriptions of actions to be taken to source reduce certain materials, as specified. The bill would require, on or before July 15, 2027, each state agency to submit an adopted integrated waste management plan to the department for review and approval, and would, on or before January 1, 2028, require the department to complete its review of the plans, as specified. The bill would require a state agency's annual report to include summaries of the state agency's compliance with the requirement to reduce solid waste by 50% and the requirements relating to the adoption of an integrated waste management plan. By imposing new duties on community colleges, the bill would impose a state-mandated local program. This bill would require the department to provide advice to help state agencies and facilities reduce solid waste by at least 50%. The bill would, on or before January 1, 2027, require the department to publish on its internet website a list of products available for purchase by state agencies that would reduce the overall amount of plastic or paper waste generated. (2) Existing law requires plastic beverage containers sold by a beverage manufacturer, as specified, to contain a specified average percentage of postconsumer recycled plastic. Between January 1, 2025, and December 31, 2029, inclusive, existing law requires that percentage to be no less than 25% postconsumer recycled plastic per year, and on and after January 1, 2030, no less than 50% postconsumer recycled plastic per year. This bill would require, on and after January 1, 2026, reportable purchases by state agencies of plastic beverage containers to be of plastic beverage containers with no less than those above-referenced percentages of postconsumer recycled plastic per year. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Secretary for Environmental Protection to convene the Lithium-Ion Car Battery Recycling Advisory Group to review, and advise the Legislature on, policies pertaining to the recovery and recycling of lithium-ion vehicle batteries sold with motor vehicles in the state. Existing law also requires the advisory group to submit policy recommendations to the Legislature aimed at ensuring that as close to 100% as possible of lithium-ion vehicle batteries in the state are reused or recycled at end of life in a safe and cost-effective manner. Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards and to regulate emissions from motor vehicles. Existing state board regulations require certain new motor vehicles to be equipped with specified traction battery labels. This bill would require, commencing July 1, 2028, a battery supplier, as defined, to equip a new vehicle traction battery sold in the state with a permanent label containing only specified information, as provided. The bill would require a remanufacturer to rebrand and relabel a remanufactured vehicle traction battery, as provided. The bill would require each battery supplier and remanufacturer, no later than 90 days after the chaptering of the act, to register with the state board and provide the state board with specified information. The bill would require those entities to update that registration and information annually and upon request of the board, as provided. The bill would require the state board to adopt regulations no later than July 1, 2031, to implement and enforce these provisions and would require the state board to determine the most cost-effective means to accept required electronic submissions, as provided. This bill would require battery suppliers, beginning July 1, 2029, and annually thereafter, to pay the state board a fee sufficient to cover the state board's full personnel, administrative, regulatory, and loan and interest costs related to implementing and enforcing these provisions. The bill would require the state board to create a tiered fee schedule based on each battery supplier's share of total in-state vehicle registrations with vehicle traction batteries 10 years prior, and would exempt establishment of and updates to that schedule from the Administrative Procedure Act. The bill would establish the Vehicle Traction Battery Recovery Fund (fund) in the State Treasury and would require the state board to deposit all fee moneys into the fund, as specified. Moneys in the fund would be available, upon appropriation by the Legislature, only to implement and enforce these provisions, and to reimburse specified loans and interest. The bill would authorize, upon appropriation by the Legislature, the Director of Finance to make a loan from an unspecified fund to the fund to meet regulatory and startup costs of the state board's activities pursuant to these provisions. The state board's duties under the bill would be contingent upon an appropriation for these purposes.
(1) The Water Recycling Law generally provides for the use of recycled water. Existing law requires any person who, without regard to intent or negligence, causes or permits an unauthorized discharge of 50,000 gallons or more of recycled water in or on any waters of the state to immediately notify the appropriate regional water board. This bill would, for the purposes of the above provision, redefine "recycled water" and provide that water discharged from a decorative body of water during storm events is not to be considered an unauthorized discharge if recycled water was used to restore levels due to evaporation. (2) Existing law regulating the use of recycled water prohibits the use of prescribed potable water by state and local agencies for any nonpotable uses, including cemeteries, golf courses, parks, and highway landscaped areas if prescribed recycled water is available, and deems use of the recycled water in lieu of the potable water to constitute a reasonable beneficial use of that water. The bill would provide that incidental amounts of spray, mist, or runoff are to be permitted to enter outdoor eating areas of parks and open spaces when irrigated with disinfected tertiary treated recycled water that complies with a specified regulation regarding irrigation. (3) Existing law authorizes any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, to require the use of recycled water for irrigation of residential landscaping, as specified. The bill would provide that outdoor landscape irrigation of common areas that does not enter the boundaries of a residence is not to be considered a part of the same premises as an individual residence and is not to be considered a dual-plumbed system. The bill would require recycled water used for this purpose to comply with specified water quality and cost conditions. (4) Existing law authorizes any public agency, including a state agency, city, county, city and county, district, or any other political subdivision of the state, to require the use of recycled water for toilet and urinal flushing in structures, as specified. Existing law defines "structures" for the purposes of these provisions. This bill would include food handling and processing facilities as part of the definition of "structures." The bill would authorize the use of recycled water for toilet or urinal flushing or outdoor irrigation in and around food handling or processing facilities, commercial, institutional, and industrial buildings, and cafeterias, provided the recycled water does not enter the room where food handling or processing occurs, as specified.
Existing law requires the State Air Resources Board to implement a comprehensive short-lived climate pollutant strategy to achieve a reduction in statewide emissions of methane by 40% below 2013 levels by 2030. Existing law requires the methane emissions reduction goals to include a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. Existing 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 that include, among other things, requirements 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 and that may include penalties to be imposed by the department for noncompliance, as provided. The regulations, among other things, require a commercial edible food generator, as defined, to have a contract or written agreement with a food recovery organization, as defined, to recover the maximum amount of edible food that would otherwise be disposed, as provided. The regulations also require a commercial edible food generator to keep certain records regarding the recovery of edible food. This bill would exempt from these requirements an agricultural crop preparation service, as defined, that demonstrates to the department that it has not disposed of organic waste in a landfill on or after January 1, 2016.
Existing law prohibits a person from offering for sale, selling, distributing, or importing into the state any product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made. Existing law provides that a product or packaging that displays a chasing arrows symbol, among other symbols, statements, or directions, is deemed to be a deceptive or misleading claim unless (1) the product or packaging is considered recyclable in the state pursuant to specified criteria and (2) is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, except as provided. Existing law, notwithstanding specified criteria, provides that a product or packaging is recyclable in the state if the product or packaging is part of, and in compliance with, a program established pursuant to state or federal law governing the recyclability or disposal of that product or packaging, as provided. This bill would delete the latter provision and would, notwithstanding specified provisions, require, before January 1, 2027, that a product or packaging that is a covered material, as defined, be considered recyclable in the state if the producer is approved by a producer responsibility organization to participate in that organization. On or after January 1, 2027, and before January 1, 2032, the bill would require, notwithstanding specified provisions, that a product or packaging that is a covered material be considered recyclable in the state if the producer is, among other things, in compliance with the requirements of the Plastic Pollution Prevention and Packaging Producer Responsibility Act.
Existing law establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which covers certain single-use packaging and plastic single-use food service ware, as provided. Existing law requires producers of covered material sold, offered for sale, imported, or distributed in the state to achieve specified goals with respect to the materials for which they are the producers, including that all plastic covered material be source reduced pursuant to specified requirements, as provided. This bill would make a nonsubstantive change to that goal.
