2007-08 Legislation


SB 1313 (Corbett) Perfluorocarbons in Food Packaging
Summary. Would phase out toxic perfluorocarbons from food packaging by 2010.

Position and Status. CAW Supports. SB 1313 was vetoed by Governor Schwarzenegger Sep. 29.

AB 1390 (Huffman) Solid Waste
Summary. This landmark bill was a combination of various waste reduction, recycling, and composting policies designed to divert more materials from landfills to higher and better uses.

Position and Status. CAW Supports. AB 1390 was never brought up for a vote on the floor of the Senate.

AB 1879 (Feuer) Green Chemistry
Summary. AB 1879 (Feuer) gives the California Environmental Protection Agency greater authority to regulate toxins in consumer products.

Position and Status. CAW Supports. AB 1879 was signed into law by Governor Schwarzenegger Sep 29.

AB 1972 (Desaulnier) Truthful Environmental Advertising for Plastics
Summary. Ensures accurate environmental advertising of plastics by allowing only the use of terms that can be verified by an American Society for Testing Materials (ASTM) standard specification.

Position and Status. CAW Supports. AB 1972 was signed into law by Governor Schwarzenegger Sep. 27.

SB 1625 (Corbett) Updating California's Bottle and Can Recycling Law
Summary. SB 1625 aimed to update California's Bottle and Can Recycling Law by, among other measures, expanding the program to include all plastic bottles.

Position and Status. CAW Supported. SB 1625 was denied a floor vote in the Assembly.

AB 2071 (Karnette) Plastic Labelling Enforcement
Summary. Will give enforcement power to local governments to ensure accurate labelling of the compostablility of plastic products.

Position and Status. CAW Supports. AB 2071 was signed into law by Governor Schwarzenegger Sep. 29.

AB 2505 (Brownley) PVC Packaging Phase Out
Summary. The bill will prevent human and environmental exposure to toxins, as well as encourage the recycling of consumer packaging, by phasing out the use of toxic, nonrecyclable PVC packaging.

Position and Status. CAW Supports. AB 2505 was held by Senate Appropriations committee.

AB 2640 (Huffman) Compostable Organics Management
Summary. This bill is intended to promote the highest and best use of organic materials in California.

Position and Status. CAW Supports. AB 2640 was held in the Senate Appropriations Committee, but was later incorporated into AB 1390.

AB 2347 (Ruskin) Mercury Thermostats Collection
Summary. Requires a manufacturers that sold mercury-added thermostats in this state before January 1, 2006, to establish and  maintain a collections and recycling program for out-of-service mercury-added thermostats.

Position and Status. CAW Supports. AB 2347 was signed into law by Governor Schwarzenegger Sep. 29.

AB 2058 / AB 2769 (Levine-Brownley-Davis) Offsetting the Costs of Carryout Bag Litter
Summary. Required a fee be placed on single-use carryout bags distributed at large grocery stores and pharmacies.

Position and Status. CAW Supported.This bill was denied a Senate floor vote.

AB 218 (Saldaña) Toxic Electronics Phase Out
Summary. Phases out the use of specified hazardous materials in consumer electronics, consistent with the European Union's ROHs Directive.

Position and Status. CAW supports. AB 218 was held in Sen. Approps.

AB 822 (Levine) Bringing the Opportunity to Recycle to Every Californian
Summary. Provides a residential recycling opportunity for more than 7.1 million Californians residing in more than 2.4 million multifamily dwelling units.

Position and Status. CAW Supports. AB 822 has been placed on the senate inactive file.

2007 Legislative Wrap-Up
The first year of the 2007-08 legislative session wrapped up in the early morning hours of September 12, and we can be very proud of the progress we have made in advancing waste reduction and recycling policy. Several priority bills made it out of both houses of the legislature and are now pending before Governor Schwarzenegger. Over the next 30 days our priority will be organizing support for all of the waste prevention and recycling legislation awaiting a Governor's signature, but we'll need your help.

AB 48 (Saldaña) Toxic Electronics Phase Out

Summary. Phases out the use of specified hazardous materials in consumer electronics, consistent with European Union ROHs Directive.

Position and Status. CAW supports. AB 48 was vetoed by the Governor on October 13.

AB 258 (Krekorian) Plastic Pellet Litter Prevention
Summary. Sets up a task force to monitor and regulate the release of preproducution plastic pellets released into the marine environment.

Position and Status. CAW Supports. AB 258 was signed into law by Gov. Schwarzenegger on Oct. 14, 2007.

AB 484 (Nava) Recycled Aggregate Base
Summary. AB 484 prohibits the contractors of the Department of Transportation (Caltrans) from disposing concrete in landfills without submitting a report to state that explains why this material was disposed.

Position and Status. CAW Supports. AB 484 was vetoed by the Governor in October 2007 (read veto message).

AB 546 (Brownley) E-Waste Information
Summary. AB 546 requires retailers and manufacturers to provide information about where to properly dipose of covered electronic devices (CEDs) to customers at point of purchase. Information must include a link to the CIWMB website.

Position and Status. CAW Supports. AB 546 was vetoed by the Governor on Oct 14, 2007.

AB 548 (Levine) Bringing the Opportunity to Recycle to Every Californian
Summary.

Provides a residential recycling opportunity for more than 7.1 million Californians residing in more than 2.4 million multifamily dwelling units.

Position and Status. CAW Supports. AB 548 was vetoed by Gov. Schwarzenegger on Oct. 14.

AB 656 (Plescia) Alkaline Batteries
Summary. AB 656 requires a report to the Legislature regarding any environmental impacts caused by disposal of used alkaline batteries.

Position and Status. CAW opposes unless amended. AB 656 was never heard in policy committee.

AB 712 (de León) $0.50 Tipping Fee Increase
Summary. AB 712 would have added a temporary surcharge of $0.50 per ton to landfill tipping fees to provide a much needed mechanism to prevent and control air pollution emissions from off-road vehicles used in the solid waste and recycling industries.

Position and Status. CAW Supports. AB 712 was held in the Senate Appropriations Committee.

AB 722 (Levine) Incandescent Light Bulb Ban
Summary. This measure would set energy efficiency standards by specified dates for general service incandescent lamps.

Position and Status. CAW Supports. AB 722 was moved to the inactive file on June 7. The bill previously passed out of the Assembly Appropriations Committee on a 11-5 vote.

AB 729 (Mullin) E-waste Recycling
Summary. Requires the CIWMB to adopt regulations for the proper and legal donation of covered electronic devices intended for reuse by a nonprofit organization.

Position and Status. CAW Supports. AB 729 was never heard in policy committee.

AB 820 (Karnette) Polystyrene in State Facilities
Summary. Would have prohibited the use of foamed polystyrene food containers in state facilities.

Position and Status. CAW Supported. AB 820 was held in the Asm. Appropriations Committee in April 2007.

AB 904 (Feuer) Plastic and Marine Debris Reduction
Summary. AB 904 aimed to reduce a primary source of permanent litter and marine debris and increase the diversion of single-use takeout food packaging by requiring that takeout food packaging from fast-food restaurants be made only from recyclable or compostable materials.

Position and Status. CAW Supported. AB 904 was held by the Senate Appropriations committee.

AB 1075 (Cook) Solid Waste Diversion
Summary. This bill would redefine "composting facility" to include both aerobic and anaerobic composting, including anaerobic digestion.

Position and Status. CAW supports. The bill passed the Assembly Natural Resources Committee unanimously and has been placed on the Assembly Consent Calendar.

AB 1109 (Huffman) Lighting Efficiency & Toxics Reduction Act
Summary.

This bill, the most comprehensive of its kind in the nation, would require reductions in energy usage for lighting, encourage the use of more efficient lighting technologies, reduce hazardous waste in lighting and increase recycling opportunities.

Position and Status. CAW Supports. AB 1109 was signed by Gov. Schwarzenegger on October 12, 2007.

AB 1150 (Lieu) Redefining Conversion Technology
Summary. AB 1150 bill would redefine "transformation" as the incineration of solid waste, or the processing of solid waste through a noncumbustion thermal, chemical, or biological process, as it pertains to source reduction and recycling in the California Integrated Waste Mamangement Act.

Position and Status. CAW opposed unless amended. SB 1150 was gutted and amended.

AB 1193 (Ruskin) Mercury-added Thermostats Collection
Summary. Requires manufacturers to create a collection and recycling program for out-of-service mercury-added thermostats.

Position and Status. CAW Supports. AB 1193 was held in the Appropriations Committee in May 2007.

AB 1195 (Torrico) Motor Oil Recycling
Summary. AB 1195 would restrict incentive payments to oil that is transported to a certified used oil recycling facility. This bill also sets the used oil incentive payments to a tiered system of no less than 4.5 cents per quart.

Position and Status. CAW Supports. AB 1195 was held in Senate Approps.

AB 1207 (Smyth) Biosolids
Summary. Requires CIWMB to develop biosolid regulations and voids any ordinance that prohibits any activity allowed by regulations.

Position and Status. CAW opposed unless amended. AB 1207 was never heard in policy committee.

AB 1237 (Hancock) Solid Waste Facilities
Summary. AB 1237 ammends current law by reversing the effect of "no action" by board on Solid Waste Facility permits and increases time to act from 60 to 90 days and requires CIWMB and Local Enforcement Agencies to conduct unannounced inspections.

Position and Status. CAW Supports. AB 1237 was never heard in policy committee.

AB 1447 (Calderon) Appliance Recycling
Summary. Allows appliance service techs to remove refrigerants from major appliances; develops new requirements for non-certified appliance recyclers to transport, deliver or sell a discarded major appliance.

Position and Status. CAW is watching this bill. AB 1447 was signed into law by the Governor on Oct. 14, 2007.

AB 1473 (Feuer) Recycling Centers
Summary. Authorizes a solid waste local enforcement agency (LEA) to stay the issuance of a cease and desist order if a source-separated facility meets specified requirements.

Position and Status. Governor Schwarzenegger signed AB 1473 Oct. 12, 2007.

AB 1535 (Huffman) E-Waste Recycling Act Expansion
Summary. Expands the 2003 SB 20 E-waste Recycling ARF law to include Personal Computers.

Position and Status. CAW Supports. AB 1535 was put on hold in the Appropriations Committee on May 31, 2007.

AB 1610 (Núñez) Increase Waste Fee

Summary. Would have increased the tipping fee for waste from $1.40 to $2.00.

Position and Status. CAW does not have a position on this bill. AB 1610 was gutted and amended.

SB 529 (Migden) Formerly Plastic Container Recycling and Market Development
Summary. SB 529 originally proposed to update the state's existing Rigid Plastic Packaging Container (RPPC) recycling law in order to increase the utilization of California generated post consumer recycled plastic by creating an incentive and credit trading system.

Position and Status. CAW has no position on the current language of this bill. SB 529 has been amended and no longer deals with recycling.

SB 735 (Wiggins) Recycled Aggregate Base
Summary. SB 735 would require the CA Department of Transportation to track the use of recycled materials in its projects. This bill would also require that this information be reported annually, beginning in 2009.

Position and Status. CAW Supports. SB 735 was vetoed by the Governor.

SB 826 (Padilla) Solid Waste Facilities
Summary. Mitigates environmental justice impacts in disproportionately affected communities in which solid waste facilities are located.

Position and Status. SB 826 has been amended and is no longer related to waste.

SB 842 (Scott) Definition of Gasification
Summary. Deletes zero emission requirement in the definition of gasification.

Position and Status. CAW opposes unless amended. SB 842 was never heard in policy committee.

SB 898 (Simitian) Solid Waste Clean-Up
Summary. Would have required the CIWMB to authorize several solutions to marine debris, including expending funds to abate illegal disposal sites, prevent waste going into storm drains, and assigning a plastics resin code to biodegradable plastics.

Position and Status. CAW Supported. SB 898 was gutted and amended by the Assembly Approprations Committee to carry a bill no longer pertaining to this issue on Aug 30, 2007.

SB 899 (Simitian) Derelict Fishing Gear
Summary. Aims to reduce the littering of and aid in the recovery of derelict fishing gear.

Position and Status. CAW Supports. SB 899 was vetoed by Governor Schwarzenegger Sep 30.

SB 966 (Simitian) Reducing Pharmaceuticals in Waste Stream
Summary.

SB 966 would begin the process of establishing a state-wide solution for the growing problem of improper disposal of unused and expired pharmaceutical drugs by creating model disposal programs and requiring the California Integrated Waste Management Board to report back to the legislature on their potential state-wide implementation.

Position and Status. CAW Supports. SB 966 was signed by Governor Schwarzenegger Oct. 12, 2007.

SB 1020 (Padilla) Solid Waste Diversion
Summary. Requires the California Integrated Waste Management Board to adopt policies, programs, and incentives to increase statewide waste diversion to 60% by 12/21/2012 and 75% by 2020.

Position and Status. CAW supports. SB 1020 was held in the Assembly Appropriations Commitee, but was later incorporated into AB 1390.

SB 1021 (Padilla) Multifamily/Container Recycling Grants
Summary.

Extends multifamily recycling grants to 2008 and increases funding from $5 million to $15 million.

Waste Not: CAW's 2010 Plan for Protecting Our Environment and Creating Green Jobs

Reducing Human & Environmental Exposure to Toxics by Reducing and Recycling Hazardous Products & Materials

The Problem: Exposure to toxic heavy metals and other hazardous materials poses a significant and growing threat to public health and the environment. Human exposure to mercury, lead and other hazardous substances contained in consumer electronics can result in neurological damage and cancer. Appropriately, the California Department of Toxic Substances Control has recently banned the disposal of most electronic devices in the solid waste stream. However, with a few exceptions, California lacks the infrastructure and incentives for the recycling of most of these devices. In 2003, approximately 450,000 tons of toxic laden electronics were disposed in California landfills, while millions of additional devices remained stockpiled in homes and office.

Our Approach: Expand Producer Responsibility for the End of Life Impact of hazardous products and materials. Wherever feasible, phase out the use of hazardous materials in products. Develop a convenient 'no cost' collection and recycling infrastructure. Establish market-based incentives to encourage the recycling of problem products.

Legislative Agenda:

Establish Extended Producer Responsibility for end of life management of hazardous materials and other problem products: Provide State Environmental agencies with the authority to require Producer Responsibility for reducing and recycling products and materials whose disposal in the solid waste stream has been restricted. Expand California E-Recycling Law: Expand existing successful computer monitor and TV recycling law to include all electronic devices. This also includes establishing a free and convenient recycling system for fluorescent lighting while reducing the use of hazardous materials and increasing lamp life. California RoHS: Phase out the use of toxic materials in consumer electronics. Reducing Greenhouse Gas Emissions thru Source Reduction and Recycling

The Problem: Climate change threatens not only our statewide infrastructure and economy, but our health and the environment as well. The California Energy Commission projects an increase in coastal sea level, a decrease in winter snow pack and corresponding water supply, and dramatic strains on California's hot-season energy supply.

As the largest source of manmade methane emissions in the California, landfills are major GHG contributors. Methane is the second most important greenhouse gas and is 23 times more effective at trapping heat in the atmosphere than carbon dioxide (CO2). Ton for ton, waste reduction and recycling reduces more pollution, saves more energy and reduces GHG emissions more than any other solid waste management option. Despite the proven benefits of recycling, 60% of the "garbage" that goes to the landfill is recyclable and just half of California residents have access to convenient and cost effective curbside recycling.

Our Approach: Diverting just an additional 20% of currently disposed aluminum cans, cardboard, food waste and paper, will cut GHG emissions from the solid waste sector in half.  This can be done by:

Increasing residential and commercial recycling; Continuing source reduction efforts, particularly in the areas of packaging; and Expanding use of recycled content in manufacturing through market development and minimum content requirements.

Legislative Agenda:

Recycling Opportunity for Everyone: Expand recycling to every California household (single and multi-family), institution and commercial business. Establish the goal of a 'Zero Waste California' and assign the California Integrated Waste Management Board responsibility for achieving 75% waste reduction, recycling and composting by 2020. Expansion of composting: Hundreds of California communities now have greenwaste collection programs in place, these programs could be expanded to include food waste, which accounts for nearly 15% of the state's waste stream. Reducing Water Pollution and Marine Debris by Reducing and Recycling Plastic Litter and Waste

The Problem: As the fastest growing component of the state's solid waste stream, and the number one type of material found littered on beaches and roadsides, plastics has impacted the economy and the environment. The abundance of plastic grocery bags, polystyrene cups and boxes, and other take-out food packaging--in our oceans poses significant risks to marine habitat, wildlife and water quality. Roughly 80% of marine debris originates from land-based activities, and plastics make up 90% of floating marine debris. Plastic debris kills animals through entanglement, starvation, suffocation, and ingestion. Less than 5% of plastic bags are recycled, and few contain recycled content. These easily disposable items, which are also frequently littered, take hundreds of years to break down.