Existing law establishes the Department of Resources Recycling and Recovery, which is administered under the control of an executive officer known as the Director of Resources Recycling and Recovery. This bill would require the Director of Resources Recycling and Recovery to establish a working group to study the need for and value of alternative methods of methane reduction, as specified. The bill would require the working group to submit its findings and recommendations to the director on or before January 1, 2029.
Existing law requires a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim and to, upon request, furnish that maintained information to any member of the public, as specified. Existing law requires the maintained information to include that the recycled content for materials has been diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer) and that the recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of these provisions. This bill would, beginning January 1, 2030, expand the application of those provisions from plastic food container products to all products making recycled content claims. The bill would revise the reference to the Federal Trade Commission Guides for the Use of Environmental Marketing Claims to specifically refer to those guides as they read on January 1, 2026. The bill would additionally require documentation in written form that the recycled content material claimed does not exceed the amount of third-party certified recycled content introduced into the manufacturer's or supplier's overall supply stream for the material used in that product line. The bill would require the recycled content claim to be based on the actual recycled content used in the production of the material used in the product line using specified methods. The bill would require a manufacturer or supplier making an environmental marketing claim relating to the recycled content of a product other than a plastic food container product to furnish, upon request, the aforementioned maintained information to the Attorney General, as specified. The bill would also keep any confidential, proprietary, or trade secret information provided or obtained regarding a product, other than a plastic food container product, confidential, as provided. 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. This bill would make legislative findings to that effect.
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. Existing law requires the state board to approve and begin implementing a comprehensive short-lived climate pollutant strategy, as specified, to achieve a reduction in the statewide emissions of methane by 40% below 2013 levels by 2030, and requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. The state board has implemented regulations pursuant to the act for the purpose of reducing methane emissions from municipal solid waste landfills. This bill would require the state board to post on its internet website temperature and monitoring data received by the state board regarding methane emissions from landfills.
(1) Existing 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 existing law, the dumping of commercial quantities of waste, as defined, is punishable as a misdemeanor and also includes escalating fines. Under existing law, each day that waste is placed, deposited, or dumped in violation of these provisions is a separate violation. This bill would repeal that latter provision making each day a separate violation. The bill would increase the fine for the dumping of commercial quantities of waste from not less than $3,000 nor more than $6,000 to not less than $4,500 nor more than $8,000 for the 2nd conviction and from not less than $6,000 nor more than $10,000 to not less than $8,000 nor more than $10,000 for the 3rd and any subsequent convictions. The bill would increase the fine for the dumping of commercial quantities of waste by a business that employs more than 10 employees from not less than $3,000 nor more than $10,000 to not less than $6,000 nor more than $10,000 for the 2nd conviction and from not less than $6,000 nor more than $20,000 to not less than $15,000 nor more than $25,000 for the 3rd and any subsequent convictions. (2) Existing law establishes the Department of Resources Recycling and Recovery and vests the department with all of the authority, duties, powers, purposes, responsibilities, and jurisdiction of the former California Integrated Waste Management Board, except as specified. This bill would require the department to be the lead state agency to act as a resource for cities and counties to address illegal dumping and would require the department to create an internet website with resources to help cities and counties combat, prevent, and clean up illegal dumping, as specified.
Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control generally regulates the management and handling of hazardous waste and hazardous materials. Under existing law, the hazardous waste control laws are partially enforced by a certified unified program agency (CUPA) and a violation of hazardous waste control laws is a crime. Existing law defines "non-RCRA hazardous waste," for purposes of those laws, as meaning hazardous waste that is regulated by the state, other than hazardous waste subject to the federal Resource Conservation and Recovery Act of 1976 (RCRA) . This bill would require non-RCRA hazardous waste that is destined for land disposal to be disposed of in a landfill regulated by specific provisions of RCRA. By increasing the duties of a CUPA, and 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program and requires the department to adopt rules and regulations, as necessary, to carry out the act. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element, household hazardous waste element, and nondisposal facility element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions. This bill would require a city or county that requires a refundable deposit, performance security, or similar financial guarantee as a condition of issuing a construction, demolition, or building permit for the purpose of ensuring compliance with a construction or demolition debris requirement to return the full amount of the deposit if documentation demonstrating compliance with the terms of the deposit is provided, as specified.
Existing law defines a "renewable electrical generation facility" as a facility that uses biomass, solar thermal, photovoltaic, wind, geothermal, fuel cells or linear generators that use specified fuels, small hydroelectric generation of 30 megawatts or less, digester gas, municipal solid waste conversion, landfill gas, ocean wave, ocean thermal, or tidal current, and that meets other specified requirements. Existing law incorporates that definition into various programs, including the California Renewables Portfolio Standard Program, which requires the Public Utilities Commission to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from electrical generating facilities that meet that definition of "renewable electrical generation facility," and the net energy metering program, in which residential customers, small commercial customers, and commercial, industrial, or agricultural customers of an electrical utility, who use renewable electrical generation facilities, are eligible to participate, as specified. This bill would expand the definition of "renewable electrical generation facility" to include a facility that converts hydrogen gas to electricity in a turbine and meets specified criteria, including that the hydrogen used in the turbine is solely derived from an eligible renewable resource, as specified, or through the electrolysis of water, and exclusively uses electricity generated from another renewable electrical generation facility, and that the manufacturing of the hydrogen does not result in resource shuffling or use unbundled renewable energy credits, as specified. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of a commission action implementing this bill's requirements would be 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. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control (DTSC) generally regulates the management and handling of hazardous waste and hazardous materials. Existing law authorizes a public agency, as defined, to operate a household hazardous waste collection facility under permit from DTSC. The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery (CalRecycle) , requires a city and a county to prepare and submit to CalRecycle a countywide integrated waste management plan. The act requires the plan to include a household hazardous waste element that identifies a program in each city and county for the safe collection, recycling, treatment, and disposal of hazardous wastes that are generated by households. The California Oil Recycling Enhancement Act, administered by CalRecycle, establishes a used oil recycling program to promote and develop alternatives to illegal disposal of used oil. The act imposes a charge for every gallon of lubricating oil sold or transferred in the state, or imported into the state for use in the state, as specified. This bill would create a producer responsibility program for lubricants waste that is not covered by the act, and packaging associated with lubricant products, and would require a producer responsibility organization (PRO) to provide a convenient collection and management system for covered products at no cost to residents. The bill would create 2 categories of covered product, covered liquid product and covered packaging product. The bill would define "covered liquid product" to mean a petroleum-based automotive product and other related products, as specified. The bill would define "covered packaging product" to mean primary packaging and containers designed and intended to hold a covered liquid product and other similar packaging, as specified. The bill would require a producer of a covered product to register with the PRO, which would be required to develop and implement a producer responsibility plan for the collection and the safe and proper management of covered products. The bill would require CalRecycle, in coordination with DTSC, to adopt regulations to implement the program with an effective date no earlier than January 1, 2029. This bill would require the PRO, within 12 months of the effective date of the regulations, to submit a product responsibility plan to CalRecycle. The bill would require the plan to include specified elements, including a funding mechanism that provides sufficient funding to carry out the plan. The bill would require, within 6 months of receipt of the plan, CalRecycle, in collaboration with DTSC, to approve, approve in part, or disapprove the plan, as specified. The bill would require CalRecycle to notify the PRO of its decision. If CalRecycle does not approve the plan in full, then the bill would require CalRecycle to specify the reasons for disapproval or identify the portions of the partially approved plan that do not comply with the program, as applicable. The bill would require the PRO to submit a revised plan if its plan is not fully approved. This bill would require the PRO to implement its plan within 90 days of approval. The bill would require the plan to be fully funded in a manner that equitably distributes the plan's costs among participant producers, as specified. The bill would require the plan to describe how the producer responsibility organization will consult with and mutually agree upon terms and amounts to reimburse local jurisdictions for the proportional costs associated with collecting and managing covered products pursuant to these provisions. The bill would also require the plan to include a description of how the producer responsibility organization will contract with haulers to transport covered products from the collection facilities to recycling facilities or disposal, and how the producer responsibility organization will contract with recyclers. This bill would require the PRO to prepare and submit to CalRecycle an annual report describing the activities carried out pursuant to the plan. The bill would require the PRO to retain specified documents, annually audit its accounting books, and make documents available to CalRecycle for review, as specified. The bill would require all reports and records provided to CalRecycle pursuant to the program to be provided under the penalty of perjury. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill would require a participant producer, through the PRO, to pay CalRecycle, on an unspecified schedule, an annual administrative charge, as determined by CalRecycle and DTSC. The bill would require the charge be set at an amount that is adequate to cover CalRecycle's and DTSC's actual and reasonable costs of administering and enforcing the program. The bill would provide for the imposition of administrative civil penalties on producers and other specified persons who violate the program. The bill would establish the Lubricant Waste and Packaging Producer Responsibility Fund in the State Treasury and would require the administrative charges collected by CalRecycle to be deposited into that fund for expenditure by CalRecycle, upon appropriation by the Legislature, to cover CalRecycle's cost to implement and enforce the program. The bill would also establish the Lubricant Waste and Packaging Penalty Account in the Lubricant Waste and Packaging Producer Responsibility Fund and would require that the civil penalties collected by CalRecycle pursuant to the program be deposited into that account, for expenditure by CalRecycle, upon appropriation by the Legislature, for activities related to the collection and recycling of covered products, grants for related purposes, and the administration and enforcement of the program. (2) Existing law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, establishes a producer responsibility program designed to ensure that producers of single-use packaging and food service ware covered by that program take responsibility for the costs associated with the end-of-life management of that material and ensure that the material is recyclable or compostable. The act requires producers, either individually or through participation in a producer responsibility organization, to have an approved plan that, among other things, describe how the producer or organization will comply with the act. This bill would exempt a covered packaging product from the act. (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. This bill would make legislative findings to that effect. (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.
Existing law prohibits a person from selling or offering for sale a product, as defined, that is labeled with the term "compostable" or "home compostable" unless, among others, the product meets a specified ASTM standard specification, has OK compost HOME certification, and meets a standard adopted by the Department of Resources Recycling and Recovery. Existing law requires the department to review revisions to the ASTM standard specification, as provided. Existing law authorizes the department to adopt a standard different from an ASTM standard if adopted or developed by a standard-setting organization recognized by the department, the standard adds qualifications to an ASTM standard specification, and the standard is more stringent than an ASTM standard specification, as provided. Existing law exempts a fiber product that is demonstrated to not incorporate any plastics or polymers from complying with any of these ASTM standards. This bill would instead prohibit a person from selling or offering for sale a product that is labeled with the term "compostable" or "home compostable" unless the product has OK compost HOME certification or meets a standard adopted by the department. The bill would repeal the requirement for the department to review revisions to the ASTM standard specification. The bill would instead authorize the department to adopt an existing standard different from an ASTM standard specification if the standard is adopted or developed by a standard-setting organization recognized by the department. This bill would exempt a fiber product that is demonstrated to not incorporate any plastics or polymers from requirements for labeling compostable products, as specified, unless the department adopts a standard for compostable fiber products. This bill, on and after June 30, 2027, would prohibit a person from selling or offering for sale a product in this state that is labeled with the term "compostable" or "home compostable" that is made wholly or partially of plastic, as defined. This bill would exempt from prohibition a food service establishment's use of plastic single-use food service ware that is accepted by a recycling collector that services the jurisdiction in which the food service establishment operates, as specified. The bill would provide that this exemption does not preempt a local requirement for food service establishments to use compostable or reusable service ware or otherwise limit the authority of a local government to regulate service ware outside of the exemption, as specified. Existing law requires a compostable bag that meets an ASTM standard specification described above to comply with certain labeling requirements. This bill would repeal those labeling requirements.
Under existing law, the Department of Toxic Substances Control is required to implement and enforce certain laws related to the recycling of major appliances, as defined. Existing law prohibits a person, other than a certified appliance recycler, as defined, from removing materials that require special handling from a major appliance. Existing law requires a person, including, but not limited to, a certified appliance recycler, who transports, delivers, or sells discarded major appliances to a scrap recycling facility, as defined, to retain onsite records demonstrating compliance with certain laws related to the recycling of major appliances, as provided. A violation of the hazardous waste control laws is a crime. This bill would require a person, including, but not limited to, a certified appliance recycler, who transports, delivers, or sells discarded major appliances to a scrap recycling facility to also provide those documents to the department, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law requires a person wishing to operate as a certified appliance recycler to submit an initial or renewal application to the department, under penalty of perjury. Existing law requires the application to include, among other things, a description of the ability of the applicant to properly remove and manage all materials that require special handling. Existing law requires the department to review an application for completeness and, upon a determination that the application is complete and meets the requirements of certain laws related to the recycling of major appliances, to issue a numbered certificate to the applicant. Existing law requires the applicable certified unified program agency (CUPA) , as soon as practicable after receiving the application and certification from the department, to inspect the certified appliance recycler's facility, as provided. This bill would require the application to also include a description of the applicant's facility and registration with the CUPA, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would require the department to review the application, visit the applicant's facility, and, upon determination that the application is complete and meets the requirements of certain laws related to the recycling of major appliances and applicable laws regarding hazardous waste, issue a numbered certificate to the applicant. The bill would require the CUPA to inspect the certified appliance recycler's facility as soon as practicable, but no later than 6 months after the issuance of the certificate. By creating a new requirement on a CUPA, the bill would impose a state-mandated local program. The bill would authorize the department to impose a charge on an applicant for initial certification and on a certified appliance recycler for renewal to cover the department's reasonable and actual regulatory costs for implementing certain laws relating to the recycling of major appliances, including, but not limited to, the adoption of regulations, as specified. This bill would require a scrap recycling facility to only accept an appliance from a certified appliance recycler or a person otherwise authorized to transport, deliver, or sell discarded major appliances. The bill would require a scrap recycling facility to document each appliance received and to confirm, under penalty of perjury, that materials that require special handling have been removed from the appliance. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law requires the department to develop a statewide list of appliance recyclers, used appliance dealers, solid waste facilities, metal scrapyards, and others who may remove, or do business with those who remove, from major appliances, materials that require special handling, as specified. Existing law requires the department to transmit a copy of the Appliance Recycling Guide, published by the California Integrated Waste Management Board, and certain other materials and information, to waste generators and enforcement officers, as provided. This bill would repeal those provisions and instead require the department to post on its internet website a list of certified appliance recyclers and the number of appliances processed by certified appliance recyclers and accepted by scrap recycling facilities, as specified. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
