California
AB 418 (Gabriel): Food product safety - SIGNED INTO LAW 10/7/2023
By Assemblymembers Gabriel and Wicks
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This bill, commencing January 1, 2025, would prohibit a person or entity from manufacturing, selling, delivering, distributing, holding, or offering for sale, in commerce a food product that contains any specified substance, including, among others, brominated vegetable oil and red dye 3.
AB 496 (Friedman): Cosmetics Safety - SIGNED INTO LAW 10/8/2023
By Assemblymembers Friedman and Lee
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Existing law, commencing January 1, 2025, prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any of several specified intentionally added ingredients except under specified circumstances. This bill would expand that prohibition by adding specified banned ingredients.
AB 1526: Public resources - SIGNED INTO LAW 10/13/2023
By the Assembly Natural Resources Committee
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This bill would, among other things, eliminate the exemption from the program of aerosol spray paint and would provide that architectural paint includes aerosol coating products, as defined. The bill would specify that aerosol coating products shall not be regulated under the program until the implementation date of a plan or plan amendment concerning aerosol coating products approved by the department or January 1, 2027, whichever occurs sooner, and would authorize the department to extend that implementation date. The bill would require, on or before July 1, 2026, a manufacturer or stewardship organization to submit an architectural paint stewardship plan or amendment to an approved architectural paint stewardship plan to the department. The bill would change the due date for the annual report to on or before May 15 of each year, would require certain information included in the annual report to be reported based on calendar year, and, commencing with the 2028 report, would require the annual report to include certain information on aerosol coating products. The bill would authorize the department, in coordination with the Department of Toxic Substances Control, to adopt regulations to clarify and implement the architectural paint recovery program.
SB 244 (Eggman): Right to Repair - SIGNED INTO LAW 10/10/2023
By Senators Eggman, Dodd, Skinner, and Assemblymember Haney
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This bill would enact the Right to Repair Act. The bill would require, regardless of whether any express warranty is made, the manufacturer of an above-described electronic or appliance product, in the above-described circumstances, and in those same circumstances but sold to others outside of direct retail sales, to make available, on fair and reasonable terms, to product owners, service and repair facilities, and service dealers, the means, as described, to effect the diagnosis, maintenance, or repair of the product, as provided. The bill would also require a service and repair facility or service dealer that is not an authorized facility or dealer of a manufacturer to provide a written notice containing specified information related to warranties to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product. The bill would also authorize a city, a county, a city and county, or the state to bring an action in superior court to impose civil penalties on a person or entity for violating the Right to Repair Act, as provided.
SB 622 (Allen): Cannabis regulation: plant identification program - SIGNED INTO LAW 10/8/2023
By Senator Allen
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Existing law requires the Department of Cannabis Control to implement a unique identification program for cannabis and cannabis products and requires the program to include the identification of permitted cannabis plants at a cultivation site during the cultivation period. Existing law requires a unique identifier to be issued for each cannabis plant and to be attached at the base of each plant or as otherwise required by law or regulation. This bill would instead require the unique identifier to be attached to each plant as required by regulation.
SB 676 (Allen): Local ordinances and regulations: drought-tolerant landscaping. - SIGNED INTO LAW 10/8/2023
By Senator Allen
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This bill would instead prohibit a city, including a charter city, county, or city and county from enacting or enforcing any ordinance or regulation that prohibits the installation of drought-tolerant landscaping using living plant material on residential property. The bill would specify that drought-tolerant landscaping does not include the installation of synthetic grass or artificial turf.
AB 1817 (Ting & C. Garcia): Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Textiles - SIGNED INTO LAW 9/29/2022
By Assemblymembers Ting, C. Garcia, Bloom, Friedman, and Stone, and Senator Stern
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This bill would prohibit, beginning January 1, 2025, any person from manufacturing, 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. he bill would require a manufacturer of a textile article that contains regulated PFAS to provide persons that offer the product for sale or distribution in the state with a certificate of compliance stating that the textile article is in compliance with these provisions and does not contain any regulated PFAS.
AB 2771 (Friedman): PFAS in Cosmetics - SIGNED INTO LAW 9/29/2022
By Assemblymembers Friedman and Muratsuchi, and Senator Skinner
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Would prohibit, beginning January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances PFAS, as defined.
SB 502 (Allen): Hazardous materials: green chemistry: consumer products - SIGNED INTO LAW 9/28/2022
By Senator Allen
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Would authorize the department to issue a formal request for information from product manufacturers, as defined, and would require a product manufacturer to provide to the department data and information on the ingredients and use of a consumer product upon the department’s request within a specified timeframe, including, among other specified data and information, information on ingredient chemical identity, concentration, and functional us
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Would declare that it is the policy goal of the state to ensure the safety of consumer products sold in California through timely administrative and legislative action on consumer products and chemicals of concern in those products, particularly those products that may have disproportionate impacts on sensitive populations.
AB 661 (Bennett): Recycling: materials - SIGNED INTO LAW 9/25/2022
By Assemblymember Bennett
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Requires a state agency, if fitness and quality are equal, to purchase recycled products instead of nonrecycled products whenever recycled products are available at no more than 10% greater total cost than nonrecycled products, and specified circumstances exist.
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Requires the CalRecycle, in concurrence with the Dept. of General Services (DGS) and in consultation with impacted agencies, 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.
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Establishes product categories and minimum content and recyclability requirements, effective January 1, 2023, until updated by CalRecycle. The bill would delete the DGS review and recommendation process for unmet requirements and, instead, would require the CalRecycle to report a state agency that does not meet SABRC purchasing requirements in each product category to the DGS.
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Requires all state agency procurement and contracting officers, or their designees, to participate in mandatory annual training, as prescribed, conducted by CalRecycle.
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Requires DGS and the Prison Industry Authority (PIA) to prioritize the use of recycled content products and requires PIA, in collaboration with CalRecycle, to make every attempt to procure parts that meet the SABRC postconsumer minimum percentage requirements for the products it creates and sells to state agencies.
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Requires DGS to continue to make products that meet the SABRC postconsumer minimum percentage requirements available through statewide contracts, and provide information to state agencies regarding contracted products that meet these requirements.
AB 2208 (Kalra & Becker): Fluorescent Lamps - NSAC Sponsored - SIGNED INTO LAW 9/18/2022
By Assemblymember Kalra and Senator Becker
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This bill would phase out the sale of mercury-containing compact fluorescent lamps (CFLs) by 2024 and linear fluorescent lamps (LFLs) in 2025 in California.
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Assemblymember Kalra's Press Release, 8/24/22
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"What Happens to the Mercury in Your Fluorescent Lamps?" Blog by CLASP
AB 1894 (L. Rivas): Cannabis Vape Marketing for Proper Disposal Act - NSAC Sponsored - SIGNED INTO LAW 9/18/2022
By Assemblymembers Luz Rivas, Bennett, and Carrillo
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Assembly Business and Professions Committee Hearing Recording, 4/26/22
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This bill would, commencing July 1, 2024, require the advertisement and marketing of a cannabis cartridge and an integrated cannabis vaporizer to prominently display a specified message to properly dispose of a cannabis cartridge and an integrated cannabis vaporizer as hazardous waste, and would also prohibit the package, label, advertisement, and marketing from indicating that the cannabis cartridge or integrated cannabis vaporizer is disposable or implying that it may be thrown in the trash or recycling streams.
AB 2440 (Irwin): Responsible Battery Recycling Act of 2022 - SIGNED INTO LAW 9/16/2022
By Assemblymembers Irwin, Lee, Mullin, Petrie-Norris, Stone, Ting, and Wicks, and Senators Newman, Archuleta, Becker, Eggman, Wieckowski, and Wiener
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This bill would enact the Responsible Battery Recycling Act of 2022, which would require producers, as defined, either individually or through the creation of one or more stewardship organizations, to establish a stewardship program for the collection and recycling of covered batteries, as defined. The bill would require a program operator, as defined, to develop, and to submit to the Department of Resources Recycling and Recovery (department) and the Department of Toxic Substances Control for review and for approval by the department, as specified, a stewardship plan and would prescribe the standards and elements required to be contained in a stewardship plan for covered batteries. The bill would require the department, in consultation with the Department of Toxic Substances Control, to adopt regulations to implement the act with an effective date of no earlier than April 1, 2025. The bill would require a program operator to have a complete stewardship plan approved by the department no later than 24 months after the effective date of the regulations adopted by the department in order for the program operator to be in compliance with the act.
SB 1215 (Newman): Electronic Waste Recycling Act of 2003: covered battery-embedded products - SIGNED INTO LAW 9/16/2022
By Senators Newman, Archuleta, Becker, Eggman, Wieckowski, and Wiener and Assemblymembers Irwin, Lee, Mullin, Petrie-Norris, Stone, Ting, and Wicks
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Senator Newman Press Release, 9/16/22
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This bill would, among other things, expand the definition of “covered electronic device” to include a “covered battery-embedded product,” as defined, thereby expanding the scope of the act to include covered battery-embedded products, as provided. The bill would require a consumer, on and after January 1, 2026, to pay a covered electronic waste recycling fee of an undetermined amount upon the purchase of a new or refurbished covered battery-embedded product.
AB 1793 (Quirk): Aquatic Toxicity Testing - NSAC Sponsored - SIGNED INTO LAW 9/13/2022
By Assemblymember Quirk
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NSAC Press Release, 9/15/22
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"The Aquatox Paradox" blog post by Smarter Sorting
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This bill would require the department, subject to an appropriation by the Legislature in the Budget Act of 2022 that implements a proposal to review the department’s hazardous waste criteria, and as part of the department’s comprehensive evaluation of its criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, to review its acute toxicity criterion, as provided. The bill would require the department, once the review is completed, to develop recommendations on next steps to consider related to the aquatic toxicity criterion, as specified, and incorporate them into the department’s state hazardous waste management plan.
SB 54 (Allen): Plastic Pollution Prevention and Packaging Producer Responsibility Act - SIGNED INTO LAW 6/30/2022
By Senators Allen, Becker, Stern, Wiener, Becker, Gonzalez, and Kamlager and and Assemblymembers Muratsuchi, Friedman, Ting, Boerner Horvath, Carrillo, and L. Rivas.
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Factsheet
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NSAC Support Letter
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Environmental Justice Provisions
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Assembly Appropriations Hearing, 6/29
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Assembly Natural Resources Hearing Recording, 6/28
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Press:
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The art of the plastics deal, Politico 6/28
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Deal is close on recycling California’s plastic trash, CalMatters 6/28
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Editorial: California has a chance to lead the nation on cutting plastic trash. If we don’t blow it, LA Times 6/27/22
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Clock ticking for contentious California EPR bill to avert plastics ballot measure, waste Dive 6/24/22
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Can California Turn The Tide Against Single-Use Plastic?, Forbes 6/23/22
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Big fight brewing over California ballot measure to reduce single-use plastics, LA Times 4/17/22
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Would establish the Plastic Pollution Prevention and Packaging Producer Responsibility Act
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As part of its comprehensive statutory scheme, the bill would require the producers, as defined, of these covered materials to source reduce plastic covered material, to ensure that covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable or compostable, and to ensure that plastic covered material offered for sale, distributed, or imported in or into the state meets specified recycling rates.
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In particular, the bill would require not less than 65% of plastic covered material to be recycled on and after January 1, 2032, and would authorize the department to increase or decrease the specified recycling rates in certain circumstances
AB 707 (Quirk): Mercury Thermostat Collection Act of 2021 - SIGNED INTO LAW 10/8/2021
By Assemblymember Quirk
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Negotiations led by NSAC
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Repealed the Mercury Thermostat Collection Act of 2008 and recast the program, as part of the state’s hazardous waste control laws, as the Mercury Thermostat Collection Act of 2021.
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Created a $30 incentive payment for every mercury thermostat returned
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Requires free distribution of collection bins to wholesalers and any local government agency
AB 818 (Bloom): Truth in "Flushable" Wipes Labeling - SIGNED INTO LAW 10/6/2021
By Assemblymembers Bloom and Lorena Gonzalez
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Co-Sponsored by NSAC, California Association of Sanitation Agencies (CASA), and Association of the Nonwoven Fabrics Industry (INDA)
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Fact Sheet
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Coalition Support Letter
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This bill would require, except as provided, certain premoistened nonwoven disposable wipes manufactured on or after July 1, 2022, to be labeled clearly and conspicuously with the phrase “Do Not Flush” and a related symbol, as specified. The bill would prohibit a covered entity, as defined, from making a representation about the flushable attributes, benefits, performance, or efficacy of those premoistened nonwoven disposable wipes, as provided. The bill would establish enforcement provisions, including authorizing a civil penalty not to exceed $2,500 per day, up to a maximum of $100,000 per violation, to be imposed on a covered entity who violates those provisions.
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The bill would establish, until January 1, 2027, the California Consumer Education and Outreach Program, under which covered entities would be required, among other things, to participate in a collection study conducted in collaboration with wastewater agencies for the purpose of gaining understanding of consumer behavior regarding the flushing of premoistened nonwoven disposable wipes and to conduct a comprehensive multimedia education and outreach program in the state. The bill would require covered entities to annually report to specified legislative committees and the State Water Resources Control Board on their activities under the program and would require the state board to post the reports on its internet website.
SB 343 (Allen): Truth in Recycling Labeling - SIGNED INTO LAW 10/5/2021
By Senators Allen, Archuleta, Caballero, Dodd, Eggman, Glazer, and Rubio and Assemblymembers Friedman, L. Gonzalez Carrillo, C. Garcia, Mullin, Muratsuchi, Quirk, Luz Rivas, and Wood
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Co-sponsored by NSAC and Californians Against Waste
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This bill prohibits a person from offering for sale, selling, distributing, or importing into the state any product or packaging using a deceptive or misleading claim about its recyclability. The bill would provide that the display of a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating the product or packaging is recyclable, or directing the consumer to recycle the product or packaging, is deemed to be a deceptive or misleading claim unless the Department of Resources Recycling and Recovery has determined the product or packaging is recyclable.
AB 652 (Friedman): Product safety: juvenile products: chemicals: perfluoroalkyl and polyfluoroalkyl substances - SIGNED INTO LAW 10/5/2021
By Assemblymembers Friedman, Ting, and Muratsuchi, and Senator Stern
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This bill would, on and after July 1, 2023, prohibit a person, including a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined. The bill would require a manufacturer to use the least toxic alternative when replacing PFAS chemicals in a juvenile product.
AB 881 (Lorena Gonzalez): Plastic waste: diversion: recycling: export - SIGNED INTO LAW 10/5/2021
By Assemblymembers Lorena Gonzalez, Friedman, Cristina Garcia, Mathis, Boerner Horvath, Carrillo, Stone, McCarty, and Ting, and Senators Allen, Hueso, and Wiener
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This bill would make the export out of the country of a mixture of plastic wastes “disposal” for purposes of the act, unless the mixture includes only certain plastics destined for separate recycling and satisfies other specified requirements, in which case that export would constitute diversion through recycling.
AB 962 (Kamlager): Returnable Glass Beverage Containers - SIGNED INTO LAW 10/5/2021
By Senators Kamlager Allen, Bates, Dahle, and Dodd and Assemblymembers L. Gonzalez, Friedman, C. Garcia, Lee, Quirk, Ting, and Wood
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This bill would authorize, for a reusable beverage container, a processor approved by the department to handle reusable beverage containers to satisfy those operation requirements by transferring the reusable beverage container to a washer approved by the department. By creating crimes relating to reusable beverage containers, the bill would impose a state-mandated local program. The bill would define “reusable beverage container” for purposes of the act to mean a beverage container that has been used to contain a beverage, for which the applicable redemption payment has been paid, and that is returned whole and intact to a recycler or other certified entity designated by the department and capable of reuse as a beverage container. The bill would provide that an empty reusable beverage container for which the applicable redemption payment has been paid and that is collected and processed unbroken for reuse as a beverage container shall continue to be eligible for all applicable payments and incentives provided in the act.
AB 1200 (Ting): Plant-based food packaging: cookware: hazardous chemicals - SIGNED INTO LAW 10/5/2021
By Assemblymembers Ting and Friedman
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This bill would prohibit, beginning January 1, 2023, any person from distributing, selling, or offering for sale in the state any food packaging that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS, as defined. The bill would require a manufacturer to use the least toxic alternative when replacing PFAS chemicals.
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This bill would require, beginning January 1, 2024, a manufacturer, as defined, of cookware sold in the state that contains one or more intentionally added chemicals, as defined, present on a designated list, as defined, in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages to list the presence of those chemicals on the product label, as defined, and include a statement on the product label and on the product listing for online sales, in both English and Spanish, regarding how a consumer can obtain more information about the chemicals in the cookware, as provided.
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The bill would require, beginning January 1, 2023, a manufacturer of this cookware to post on an internet website for the cookware a list of chemicals in the cookware that are present on the designated list, among other information. The bill would prohibit, beginning January 1, 2024, a manufacturer from making a claim, either on the cookware package or internet website for the cookware, that the cookware is free of any specific chemical if the chemical belongs to a chemical group or class identified on the designated list, unless no individual chemical from that chemical group or class is intentionally added to the cookware. chemical from that chemical group or class is intentionally added in the cookware.
AB 1201 (Ting): Solid waste: plastic products: labeling: compostability and biodegradability -
SIGNED INTO LAW 10/5/2021
By Assemblymembers Ting, Friedman, Lorena Gonzalez, and Mathis
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This bill would prohibit a person from selling or offering for sale a plastic product that is labeled with the term “compostable” or “home compostable” unless the product satisfies specified criteria. The bill would authorize the department to adopt regulations for plastic product labeling to ensure that plastic products labeled “compostable” or “home compostable” are clearly distinguishable from noncompostable products upon quick inspection by consumers and solid waste processing facilities, as specified.
AB 1276 (Carrillo): Single-use food accessories - SIGNED INTO LAW 10/5/2021
By Assemblymembers Carrillo, L. Gonzalez, Bryan, Friedman, Muratsuchi, Luz Rivas, Stone, Ting, and Senators Allen, Skinner, and Wiener
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This bill would instead prohibit a food facility or a third-party food delivery platform, as defined, from providing any single-use food accessories, as defined, to a consumer unless requested by the consumer, as provided. The bill would authorize a food facility to ask a drive-through consumer if the consumer wants a single-use food accessory in specified circumstances. The bill would require a third-party food delivery platform to provide each of its ready-to-eat food vendors with the option to customize the vendor’s menu, on the online food-ordering platform, regarding the availability of single-use food accessories, as provided. The bill would exclude from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.
AB 1311 (Wood): Recycling: beverage containers - SIGNED INTO LAW 10/5/2021
By Assemblymember Wood and Senator McGuire
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The bill would require a bag drop recycling center to pay the refund value for beverage containers within a reasonable period of time, not to exceed 3 business days.
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The bill would require, on or before July 1, 2022, the department to develop and implement a process pursuant to which a certified recycling center can annually apply to the department for authorization to operate on an alternative schedule, as specified. The bill would require the department to include in its process, among other components, criteria the department shall use to authorize a certified recycling center to operate on an alternative schedule.
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The bill would provide that, until July 1, 2022, a certified recycling center or location that is not a reverse vending machine or a bag drop recycling center is additionally “open for business” if the certified recycling center or location receives written authorization from the department to operate pursuant to an appointment system during the hours of operation and the certified recycling center or location meets specified requirements.
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The bill would require the department to authorize a certified recycling center or location to operate pursuant to an appointment system only if the department determines that high customer demand, weather, or public health and safety concerns warrant the implementation of an appointment system at the certified recycling center or location, and the certified recycling center or location posts certain information.
AJR 4 (C. Garcia): Basel Convention - ENROLLED 7/6/2021
By Assemblymembers Cristina Garcia, Bennett, Friedman, Lorena Gonzalez, Holden, Quirk, and Luz Rivas, Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Cooley, Cooper, Cunningham, Frazier, Gabriel, Eduardo Garcia, Gipson, Gray, Irwin, Jones-Sawyer, Kalra, Lee, Levine, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Muratsuchi, Nazarian, O’Donnell, Quirk-Silva, Ramos, Rendon, Reyes, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Stone, Ting, Villapudua, Voepel, Ward, and Wood and Senators Allen, Eggman, Stern, Wieckowski, and Wiener.
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This measure would declare California to be in favor of the United States’ ratification of the Basel Convention at the earliest opportunity and would request the Biden Administration to accomplish this ratification as a matter of urgency.
AB 246 (Quirk & Mathis): Contractor Disciplinary Actions for Illegal Dumping - SIGNED INTO LAW 7/9/2021
By Assemblymember Quirk, Mathis, Bauer-Kahan, Lee, and Cunningham
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Existing law provides for the licensure and regulation of contractors by the Contractors’ State License Board (board). Under existing law, a willful or deliberate disregard by a licensed contractor of various state building, labor, and safety laws constitutes a cause for disciplinary action by the board.
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This bill would reorganize these provisions and would add illegal dumping to the list of violations that constitute a cause for disciplinary action against a contractor by the board.
AB 2762 (Muratsuchi): Cosmetic products: safety - SIGNED INTO LAW 9/30/2020
By Assemblymember Muratsuchi, Bloom, Quirk, and Wicks
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This bill would, commencing January 1, 2025, prohibit a person or entity from manufacturing, selling, delivering, holding, or offering for sale, in commerce any cosmetic product that contains any of several specified intentionally added ingredients, except under specified circumstances.
SB 312 (Leyva): Cosmetic Fragrance and Flavor Right to Know Act - SIGNED INTO LAW 9/30/2020
By Senator Leyva
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Commencing January 1, 2022, this bill requires a manufacturer of a cosmetic product sold in the state to disclose to the Division of Environmental and Occupational Disease Control a list of each fragrance ingredient or flavor ingredient that is included on a designated list, as defined, and a list of each fragrance allergen that is present in the cosmetic product in specified concentrations.
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Require the division to post on its existing database of cosmetic product information a list of those fragrance ingredients and flavor ingredients in the cosmetic product and its associated health hazards. By creating a new crime, the bill would impose a state-mandated local program.
AB 1989 (C. Garcia): Menstrual Products Right to Know Act of 2020 - SIGNED INTO LAW 9/29/2020
By Assemblymember Christina Garcia
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This bill would require a package or box containing menstrual products that was manufactured on or after January 1, 2023, for sale or distribution in this state to have printed on the label a plain and conspicuous list of all ingredients, as defined, in the product, by weight. The bill would require the same information to be posted on an internet website, as specified. The bill would prohibit the sale of a menstrual product in the state unless the menstrual product and the manufacturer of the menstrual product comply with the specified labeling requirements. By creating a new crime, this bill would impose a state-mandated local program.
AB 54 (Ting): The California Beverage Container Recycling and Litter Reduction Act. -
SIGNED INTO LAW 10/12/2019
By Assemblymember Ting and Senators Stern and Wiener
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Until March 1, 2020, exempts from those duties dealers located in a convenience zone that was served by a recycling center that closed between August 1, 2019, and September 1, 2019, at the initiation of the recycler. Until July 1, 2020, exempt from those duties a dealer located in an unserved convenience zone if a completed application for a recycling center located anywhere in the convenience zone is pending before the department and the dealer and the recycling center submit a letter to the department stating that the recycling center intends to serve that convenience zone. Until July 1, 2020, makes such a recycling center eligible to receive handling fees for redeemed beverage containers once its application is approved.
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Until January 1, 2020, authorizes up to 5 limited-term recycling pilot projects, subject to department approval, that are designed to improve redemption opportunities in unserved convenience zones. The act subjects each pilot project to certain requirements, including, among others, that the pilot project not establish a redemption location outside of a convenience zone.
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Extends the operation of that authorization until January 1, 2022, and revises the pilot project requirements, including, among other revisions, prohibiting a pilot project from establishing a redemption location outside of the pilot project area rather than outside of a convenience zone. Authorizes the department, for the 2019–20 fiscal year to the 2021–22 fiscal year, inclusive, to expend up to a total of $5,000,000 from the fund to support the pilot projects. By authorizing expenditures from a continuously appropriated fund for a new purpose, the bill would make an appropriation.
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Authorizes the Director of Finance to approve the expenditure of up to $5,000,000 from the fund for supplemental payments to recycling centers if certain conditions are met, thereby making an appropriation.
AB 1583 (Eggman): The California Recycling Market Development Act - SIGNED INTO LAW 10/9/2019
By Assemblymember Eggman
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Deletes the prescribed description of the triangle that was required on all rigid plastic bottles and rigid plastic containers sold in the state that were labeled with a code that indicates the resin used to produce the bottles or containers, with specified numbers and letters placed in relation to a triangle, designed as prescribed.
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This bill would require the Department of Resources Recycling and Recovery to convene a Statewide Commission on Recycling Markets and Curbside Recycling and would require the commission to, among other things, issue policy recommendations to achieve specified market development goals and waste reduction goals and provide regular feedback to the department on public messaging designed to encourage proper recycling and to minimize contamination in curbside recycling programs.
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Existing law creates the Recycling Market Development Revolving Loan Subaccount and continuously appropriates the funds deposited in the subaccount to the department for making loans and payments to specified entities within the recycling market development zones and in other specified areas for purposes of the Recycling Market Development Revolving Loan Program. Existing law makes these provisions inoperative on July 1, 2021.
This bill would extend the inoperative date of these provisions to July 1, 2031. By extending the operation of a continuously appropriated fund, the bill would make an appropriation of special fund moneys. The bill would also make conforming changes. -
This bill would extend the authorization to provide financial assistance in the form of a sales and use tax exclusion for qualifying projects to January 1, 2026, and would extend the sales and use tax exclusion to January 1, 2026.
AB 2287 (Eggman): Solid waste - SIGNED INTO LAW 9/29/2020
By Assemblymember Eggman
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Repeals the provision that conditionally prohibits the sale of a plastic product that is labeled “marine degradable.” Authorize the Director of CalRecycle to issue guidelines for determining whether a plastic product is not compliant with these labeling requirements, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers. Authorizes the CalRecycle to adopt the European Committee for Standardization’s standard specification for biodegradable mulch film plastic, or a standard that is equivalent to, or more stringent than, that standard, as specified. Authorizes the sale of commercial agricultural mulch film, as defined, labeled with the term “soil biodegradable” only if the department adopts the European Committee for Standardization’s standard specification, or an equivalent or more stringent standard, and the commercial agricultural mulch film is certified to meet both that standard and the ASTM standard specification for compostability. Updates the name of a specified certification for home compost, the name of the organization that developed that certification, and the names of two ASTM standard specifications, and other conforming changes.
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Requires the Statewide Commission on Recycling Markets to issue preliminary recommendations on or before January 1, 2021, and to issue final policy recommendations and identify the products described above by July 1, 2021. Requires the commission to provide an opportunity for the public to review and provide comment before finalizing a recommendation or identifying a product described above. The bill would authorize the commission to share the recommendations and identifications with the Legislature or any state or federal agency.
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Specifies that, for a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility that is subject to either of those requirements, the requirement to provide customers with a recycling bin or container applies on and after January 1, 2022.
SB 1044 (Allen): Firefighting equipment and foam: PFAS chemicals - SIGNED INTO LAW 9/29/2020
By Assemblymember Muratsuchi, Bloom, Quirk, and Wicks
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This bill, commencing January 1, 2022, would require any person, as defined, including a manufacturer, as defined, that sells firefighter personal protective equipment to any person to provide a written notice to the purchaser at the time of sale if the firefighter personal protective equipment contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). The bill would require the seller and the purchaser to retain a copy of the written notice on file for at least 3 years and to furnish the notice and associated sales documentation to the Attorney General, a city attorney, a county counsel, or a district attorney within 60 days upon request, as provided. The bill would authorize the Attorney General, a city attorney, a county counsel, or a district attorney to request from a manufacturer, and the bill would require the manufacturer to provide, a certificate of compliance that certifies that the manufacturer is in compliance with these provisions. The bill would provide that a violation of these requirements is punishable by a specified civil penalty upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.
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The bill, commencing January 1, 2022, would prohibit a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use in this state, and would prohibit a person from using in this state, class B firefighting foam containing intentionally added PFAS chemicals. The bill would establish exemptions from this requirement, including a limited-term waiver, as prescribed. The bill would require a person that uses class B firefighting foam containing intentionally added PFAS chemicals to report use of the chemical, or report if there is a release to the environment, to the State Fire Marshal. This bill would require the State Fire Marshal to impose a fee on a person applying for the waiver or submitting the report that does not exceed the reasonable costs of administering the waiver or reporting provisions, as provided. The bill would require a manufacturer to provide a specified notice to persons that sell the manufacturer’s products in the state and to recall prohibited products, as provided. The bill would provide that a violation of these provisions is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. The bill, commencing January 1, 2022, would prohibit a person, as defined, from discharging or otherwise using for training purposes class B firefighting foam that contains intentionally added PFAS chemicals, and would provide that a violation of this prohibition is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney.
AB 793 (Ting): AB-792 Recycling: plastic beverage containers: minimum recycled content -
SIGNED INTO LAW 9/24/2020
By Assemblymembers Ting and Irwin
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The act requires each glass container manufacturer to use a minimum percentage of 35% of postfilled glass in the manufacturing of its glass food, drink, or beverage containers, except as specified.
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On and after January 1, 2022, requires the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer, as specified, to contain, on average, specified amounts of postconsumer recycled plastic content per year pursuant to a tiered plan that would require the total number of plastic beverage containers to contain, on average, no less than 50% postconsumer recycled plastic content per year on and after January 1, 2030, except as specified.
AB 142 (C. Garcia): Lead-acid batteries - SIGNED INTO LAW 10/13/2019
By Assemblymembers C. Garcia, Carrillo, and Santiago
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On and after April 1, 2022, increases the amount of the manufacturer battery fee to $2 and provides that the fee would continue indefinitely. On and after January 1, 2020, authorizes a person who manufactures a lead-acid battery and is not subject to the jurisdiction of the state to agree in writing with the importer, as defined, of that lead-acid battery to pay the manufacturer battery fee on behalf of the importer. Requires the department, on or before January 1, 2022, to submit to the Legislature a report that includes, among other things, any regulations or policies adopted by the department for purposes of ensuring compliance with the registration, returns, reporting, payments, audits, refunds, or collection requirements related to the manufacturer battery fee.
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Creates in the State Treasury the Lead-Acid Battery Cleanup Fund and requires that the fees collected pursuant to the act, except for specified administrative expenses, be deposited into the fund, and provides that moneys in the fund are available upon appropriation by the Legislature to the department for specified activities, including the investigation, site evaluation, cleanup, remedial action, removal, monitoring, or other response actions at any area of the state that is reasonably suspected to have been contaminated by the operation of a lead-acid battery recycling facility, and for the repayment of specified loans.
SB 726 (Caballero): Household Hazardous Waste Reuse & Exchange (2019) - SIGNED INTO LAW 10/2/2019
By Senator Caballero & Assemblymember Berman
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Sponsored by NSAC
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Defines “materials exchange program” and authorizes a public agency’s contractor to conduct a materials exchange program and requires the contractor to provide the same instructions to a recipient.
AB 729 (Chu): Carpet (2019) - SIGNED INTO LAW 10/9/2019
By Assemblymember Chu
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Sponsored by NSAC
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Repeals certain provisions relating to the stewardship assessment and would replace the assessment with differential assessments that take into account the financial burden that a particular carpet material has on the stewardship program, and the amount of postconsumer recycled content contained in a particular carpet, as prescribed.
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Requires a stewardship organization to include in the carpet stewardship plan a contingency plan should the carpet stewardship plan expire without approval of a new carpet stewardship plan or should the carpet stewardship plan be revoked.
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Requires a stewardship organization to set up a trust fund or an escrow account, into which the bill would require the organization to deposit unexpended funds and ongoing consumer assessments, for use in the event that the carpet stewardship plan terminates or is revoked.
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Increases the former penalty amount to $5,000 per day.
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Press:
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AB 729 Press Release for Environmental & Business Groups - 9/11/19
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Enviro Advocates Urge CA Senate to Pass AB 729 to Protect Carpet Recycling Program Pres Release
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Consequences of Carpet Waste and the Push for Stewardship Programs - Waste360, 8/01/19
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AB 729 Press Release for Senate Environmental Quality- 7/2/19
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Update on 2019 Environmental Legislation: What Remains? - Fox and Hounds Daily, 6/13/19
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Carpet Stewardship Toolkit: Accelerating Carpet Circularity in the USA, 10/17/18
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SB 212 (Jackson): Safe Medicine & Needle Disposal - SIGNED INTO LAW 9/30/2018
By Senator Jackson, and Assemblymembers Gray and Ting
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Passed with bi-partisan support.
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Network of medicine collection bins in pharmacies, hospitals/clinics, and law enforcement.
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Any eligible host must receive a bin within 90 days of offering to participate.
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Medication mail-back envelopes for home-bound patients.
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Safe sharps return container with pre-paid shipping postage provided with every needle sold.
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Reimbursement for HHW costs to manage sharps collection.
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Requires stewardship organization to be a 501(c)(3).
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Pre-empts local ordinances passed after April 18, 2018.
AB 1158 (Chu): Carpet Recycling (2017) - SIGNED INTO LAW 10/14/2017
By Assemblymembers Chu and Stone
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Sponsored by NSAC.
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Letter from Assemblymember Chu
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In 2010, NSAC's Director worked with carpet manufacturers, recyclers, the Carpet America Recovery Effort (CARE), and Assembly Speaker John Perez to pass the first product stewardship legislation to support the recycling of waste carpet, AB 2398.
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AB 729 created an advisory committee to make recommendations to manufacturers and carpet stewardship organizations on carpet stewardship plans. Requires a carpet stewardship plan to include a process by which the manufacturer or carpet stewardship organization receives and subsequently responds, in writing, to plan recommendations from the advisory committee.
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Set 24% recycling rate by 2020
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Resulted in the citing of a new carpet recycling facility in Woodland, CA and the creation of over 50 green jobs.
AB 2347 (Ruskin): Mercury Thermostat Extended Producer Responsibility - SIGNED INTO LAW 9/29/2008
By Assemblymember Ruskin
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First Extended Producer Responsibility law in CA.
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Co-sponsored by NSAC's affiliate organization, the California Product Stewardship Council.
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Heating and air conditioning (HVAC) wholesalers must accept mercury thermostats from the public free-of-charge, and contractors who remove mercury thermostats must recycle them.
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The nonprofit Thermostat Recycling Corporation(TRC) was formed to serve as the stewardship organization and to develop a convenient take-back program.
Colorado
HB 23-1161 (Kipp): Environmental Standards For Appliances SIGNED INTO LAW 6/6/2023
By Representative Kipp
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Establishes the "Clean Lighting Act" to phase out the sale of general-purpose fluorescent light bulbs that contain mercury. With certain exceptions:
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On and after January 1, 2024, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any new compact fluorescent lamp with a screw- or bayonet-type base; and
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On and after January 1, 2025, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any linear fluorescent lamp or any compact fluorescent lamp with a pin-type base.
Connecticut
HB 5142: Gas Cylinder Product Stewardship - SIGNED INTO LAW 5/10/2022
By Representatives Gresko, Horn, Winkler, Michel, Elliott, Reyes, Parker, Palm, Bolinsky, Hampton, Butler, Genga, Anwar, Buckbee
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Requires producers to create a product stewardship program for gas cylinders greater than .5 lbs but not exceeding 50 lbs.
Hawaii
Illinois
Maine
LD 1814 (Smith): An Act to Reduce Mercury in the Environment by Phasing Out Certain Fluorescent Light Bulbs - BECAME LAW 7/5/2023
By Representatives Bell, Bridgeo, Doudera, Gramlich, Schmersal-Burgess, and Woodsome.
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On or after January 1, 2024, a person may not offer for sale, sell or distribute as a new manufactured product a mercury-added lamp that is a compact fluorescent lamp with a screw or bayonet base type. On or after January 1, 2025, a person may not offer for sale, sell or distribute as a new manufactured product a mercury added lamp that is a compact fluorescent lamp with a pin base type or that is a linear fluorescent lamp
LD 1541: An Act To Support and Improve Municipal Recycling Programs and Save Taxpayer Money - SIGNED INTO LAW 7/12/2021
By Representative Grohoski
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Establishes a stewardship program for packaging materials.
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Under the program, producers of products contained, protected, delivered, presented or distributed in or using packaging material pay into a fund based on the amount by weight of packaging material associated with the products they sell, offer for sale or distribute for sale in or into the State.
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Producers can wholly or partially offset this payment obligation by implementing independent programs to recycle packaging of the same material type for which they have a payment obligation and can further reduce their payment obligation by reducing the amount of packaging associated with the products they sell, offer for sale or distribute for sale in or into the State or by meeting other program incentives.
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Producer payments received by the stewardship organization are used to reimburse
eligible municipalities for certain recycling and waste management costs. -
Stewardship organization is authorized to use producer payments to cover the operational costs for the program, to pay department fees and to make investments in education and infrastructure aimed at reducing packaging waste and improving recycling outcomes in the State.
LD 8 (SP 15): An Act To Support Collection and Proper Disposal of Unwanted Drugs - SIGNED INTO LAW 6/8/2021
By Senator Carney and Representative Hymanson
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This bill provides for the establishment of drug take-back stewardship programs. It
requires certain drug manufacturers, as defined in the bill, to operate a drug take-back
stewardship program to collect and dispose of certain drugs. -
Pre-empts local governments.
LD 1668 (HP 1194): Recommendations Regarding the State's Mercury-add Lamp Law - SIGNED INTO LAW 6/13/2019
By Representative Tucker
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This bill makes a number of changes to the State's mercury-added lamp law, including:
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Clarifying the information required to be reported annually to the department by
manufacturers of mercury-added lamps. -
Revising the requirements for mercury-added lamp recycling programs, including provisions regarding collection sites and education and outreach efforts, and adds program performance goals.
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Amending the scope of mercury-added lamp recycling programs to require
acceptance by such programs of mercury-added lamps from covered entities, which are
defined in the bill as households, elementary schools or secondary schools located in the State; businesses located in the State that employ 100 or fewer individuals; and nonprofit organizations located in the State that are exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c)(3) and employ 100 or fewer individuals. Under current law, such recycling programs are required to accept mercury-added lamps only from households.
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LD 1649 (HP 1185): Recommendations Regarding the State's Product Stewardship Program Framework Laws - SIGNED INTO LAW 6/6/2019
By Representative Tucker
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This bill makes a number of changes to the State's product stewardship program framework laws, including:
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Revises program parameters with respect to the establishment of a product collection system, program staffing requirements for producers or stewardship organizations and program costs.
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Revises the requirements for information to be included in a proposed product
stewardship plan, including information on program performance goals and program assessment, collection sites and consumer participation and program financing. -
authorizes the department to initiate changes to an approved product stewardship plan upon a determination that the program has failed to make adequate progress toward achieving program goals.
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revises annual program reporting requirements for producers and stewardship
organizations and amends the authority for legislation of the joint standing committee of the Legislature having jurisdiction over natural resources matters relating to the
department's annual product stewardship report.
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LD 1431 (HP 1041): Resolve, to Support Municipal Recycling Programs -
SIGNED INTO LAW 5/30/2019
By Representatives Devin, Fay, Gramlich, Grohoski, Keschl, Reckitt, and Tucker, and Senators Carson and Foley
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Requires the Department of Environmental Protection to develop legislation to establish a new product stewardship program requiring producers of packaging to assist Maine municipalities in managing and financing packaging waste disposal and recycling programs in the State. The proposed legislation is required also to incentivize producers of packaging to design packaging to be recycled or made of recycled content to strengthen the recycling markets. Requires the department to submit the proposed legislation to the Joint Standing Committee on Environment and Natural Resources no later than December 16, 2019.
New York
Senate Bill S5027C/Assembly Bill A9279A): Carpet EPR - SIGNED INTO LAW 12/28/2022
By Senator Kavanagh
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Requires carpet manufacturers to establish a program for the collection and recycling of discarded and unused carpeting.
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Starting in January 2026, carpet sales in New York will be prohibited unless the manufacturers are participating in an approved industry-wide plan for recycling or have established their own program for carpet collection, approved by the State Department of Environmental Conservation.
Assembly Bill A6373: Postconsumer Paint Collection Program - SIGNED INTO LAW 10/16/2019
By Assemblymembers Englebright, Peoples-Stokes, Palmesano, Rosenthal, Colton, Buchwald, Galef, Nolan
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Establishes a postconsumer paint collection program; requires producers of architectural paint sold at retail in the state or a representative organization to submit a plan to the commissioner of environmental conservation for the establishment of a postconsumer paint collection program; prohibits a producer or retailer from selling architectural paint in the state unless the producer or producer's representative organization is implementing an approved program plan.
Senate Bill S9100: Drug Take Back Act - SIGNED INTO LAW 7/10/2018
By Senators Hannon, Avella, O'Mara, Addabbo Jr., and Bailey
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Requires certain manufacturers to operate a drug take back program to accept and dispose of covered drugs.
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Provides that for any city with a population of one hundred twenty-five thousand or more as of the last decennial census, the commissioner of health shall establish by regulation a distribution plan that ensures that on-site collection receptacle or dropbox placement shall be reasonably accessible to all residents.
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Collection of sharps are not included.
Oregon
HB 2344: Relating to labeling requirements for wipes - SIGNED INTO LAW 6/8/2021
By Representatives Wilde, Reardon, Dembrow, Power, Leif, and Morgan
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Requires the phrase “Do Not Flush” displayed at a size that is equal to at least 2% of the surface area of the principal display panel and with a type size that is equal to or greater than.
HB 3273: Pharmaceutical Product Stewardship - SIGNED INTO LAW 8/9/2019
By Representatives Schouten, Heard, Hayward, Leon, Barker, Doherty, Fahey, Gomberg, Gorsek, Greenlick, Helm, Helt, Hernandez, Keny-Guyer, Kotek, Marsh, McLain, Mitchell, Neron, Nosse, Piluso, Power, Prusak, Reardon, Salinas, Sanchez, Smith G, Williams, Williamson, Senator Boquist, Dembrow, Fagan, Gelser, Golden, Manning Jr, Monnes Anderson, and Taylor
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Directs each covered manufacturer of covered drugs that are sold within this state to develop and implement drug take-back program for purpose of collecting from individuals and nonbusiness entities covered drugs for disposal.
Rhode Island
H 5550 (Handy): Mercury Reducation and Education Act - SIGNED INTO LAW 6/22/2023
By Representatives Handy, Bennett, Edwards, Craven, McNamara, Morales, Cortvriend, and Fogarty
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Prohibits the sale: eff. 1/1/24 of screw/bayonet base compact fluorescent lamps; eff. 1/1/25 of pin-base type compact and linear fluorescent lamps with civil penalties for violations
Vermont
Washington
SB 5022: Concerning the management of certain materials to support recycling and waste and litter reduction - SIGNED INTO LAW 5/17/2021
By Das, Rolfes, Carlyle, Kuderer, Salomon, Dhingra, Wilson, C., Keiser, Liias, Pedersen, Lovelett, Nobles, Saldaña, Stanford, Wellman, and Nguyen
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Creates minimum postconsumer recycled content requirements for certain beverage containers, plastic trash bags, and household cleaning and personal care products.
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Requires food service businesses to provide single-use food serve products upon customer request.
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Companion Bill: HB 1118
HB 2535: Labeling of Disposable Wipes Products - SIGNED INTO LAW 3/25/2020
By Representatives Fitzgibbon, Doglio, Hudgins
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The legislature finds that creating labeling standards for disposable wipes products will protect public health, the environment, water quality, and public infrastructure used for the collection, transport, and treatment of wastewater. It is not the intent of the legislature to address standards for flushability with this chapter.
SB 5397: Responsible Management of Plastic Packaging - SIGNED INTO LAW 5/21/2019
By Representatives Rolfes, Carlyle, Darneille, Saldana, Hasegawa, Hunt, and Kuderer
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Effective date 7/28/19
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The department must evaluate and assess the amount and types of plastic packaging sold into the state as well as the management and disposal of plastic packaging. When conducting the evaluation, the department must ensure that producers, providers of solid waste management services, and stakeholders are consulted.
HB 1652: Paint Stewardship - SIGNED INTO LAW 5/9/2019
By Representatives Peterson, DeBolt, Goodman, Fitzgibbon, Appleton, Ortiz-Self, Hudgins, Orwall, Jinkins, Sells, Tharinger, Kloba, Senn, Pollet, Stanford, Bergquist, and Marci
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Effective date 7/28/19
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This legislation requires all producers of architectural paint selling in or into the state of Washington to participate in an approved Washington State paint stewardship plan for covered entities through membership in and appropriate funding of a stewardship organization.
HB 1047: Secure Drug Take-Back Act - SIGNED INTO LAW 3/22/2018
By Representatives Peterson, Appleton, Stanford, Robinson, Lytton, Ormsby, Senn, Jinkins, Bergquist, Frame, Gregerson, Doglio, Fey, Tharinger, Ryu, Kilduff, Macri, Hudgins, Farrell, Sawyer, and Cody
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Effective date 6/7/18
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Passed with bi-partisan support.
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A statewide drug take-back program for prescription and over-the-counter medicines financed and coordinated by pharmaceutical manufacturers selling medicines into WA.
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At least 1 collection site in every city/town's population area, plus 1 additional collection site for every 50,000 residents.
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Any eligible host must receive a bin within 90 days of offering to participate.
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Prepaid return mailers provided on request to any resident and to any retail pharmacy that offers to distribute mailers.
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Local Secure Medicine Return ordinances remain in effect until 12 months after the statewide drug take-back program begins operations. Manufacturers must provide local programs under these ordinances until 1 year after the statewide program is launched. Otherwise local laws regulating drug take-back programs are preempted under the statewide law.
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Collection of sharps are not included.
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Act sunsets January 2029.
SB 5939: Solar Stewardship - SIGNED INTO LAW 7/7/2017
By Senators Erickson and Palumbo
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First state to pass a solar stewardship bill.
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Requires manufacturers selling solar products into the state to have end-of-life recycling programs for their own products.
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A convenient, safe, and environmentally sound system for the recycling of PV modules, minimization of hazardous waste, and recovery of commercially valuable materials must be established.
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The responsibility for this system must be shared among all stakeholders, with manufacturers financing the take-back and recycling system.
LOCAL LEGISLATION
Please click on any of the following product stewardship council's websites for more information on local legislation in their states:
COOK COUNTY, ILLINOIS
NSAC supported Cook County, IL as they shepherded their pharmaceutical safe disposal ordinance to passage, which was unanimously approved on 10/26/16. Metropolitan Water Reclamation District of Greater Chicago Commissioner Debra Shore noted NSAC's involvement in her 2016 Annual Report.