History of California Solid Waste Law, 2010-2014

2014 | 2013 | 2012 | 2011 | 2010

Statutes of 2014

• AB 333 (Wieckowski)–Medical Waste. Makes changes to the Medical Waste Management Act. (Chapter 564)
• AB 1179 (Bocanegra)–Recycling: Waste Tires: Public Works Projects. Requires public works projects that use tire-derived products to create parklets or greenways are eligible for tire-derived grants. (Chapter 589)
• AB 1594 (Williams)–Waste Management. Provides that the use of green material as alternative daily cover is disposal and does not constitute diversion through recycling. (Chapter 719)
• AB 1826 (Chesbro)–Solid Waste: Organic Waste. Requires commercial businesses to arrange for recycling services for organic waste. Local jurisdictions are also required to adopt an organic waste recycling program. (Chapter 727)
• AB 1846 (Wieckowski)–Beverage Containers: Enforcement. Authorizes CalRecycle to suspend or revoke handling fees from a certified recycling center as a form of disciplinary action if the recycling center is found guilty of committing fraud or deceit. (Chapter 597)
• AB 2251 (Yamada)–Weights and Measures: Beverage Containers: Redemption Value. AB 2251 provides investigative and enforcement authority to the Department of Food and Agriculture and county sealers to enforce the requirement that dealers are prohibited from charging more for a redemption payment. (Chapter 605)
• AB 2355 (Levine)–Local Agencies: Streets and Highways: Recycled Materials. Requires a local agency that has jurisdiction over a street or highway to either adopt the standards developed by Transportation for recycled paving materials or discuss failed standards at a regularly scheduled public hearing. (Chapter 609)
• AB 2675 (Lowenthal)–State Agency: Public Contracts. Requires state agencies to ensure that at least 50% of certain goods and materials purchased be recycled products. (Chapter 617)
• AB 2748 (Committee on Environmental Safety and Toxic Materials)–Hazardous Waste: Business Plans. Removes the requirement for owners or operators of a location that collect recyclable latex paint to have an approved CalRecycle business plan under the architectural paint recovery program. (Chapter 744)
• AB 2764 (Committee on Natural Resources)–Public Resources. Adds solid waste that exists in the waters of the state as an eligible grant activity for the Solid Waste Disposal and Codisposal Cleanup Grant Program. (Chapter 512)
• SB 270 (Padilla)–Solid Waste: Single-Use Carryout Bags. Prohibits a retail establishment from providing a single-use carryout bag to a customer at the point of sale SB 270 allows recycled paper bags, compostable plastic bags, or reusable bags to be made available for purchase. (Chapter 850)
• SB 498 (Lara)–Solid Waste: Biomass Conversion. Expands the existing definition of biomass conversion to include noncombustion thermal conversion technologies that produce hear, fuel or electricity. (Chapter 746)
• SB 1249 (Hill)–Hazardous Waste: Shredder Waste. Requires DTSC to adopt regulations that declared auto-shredder waste hazardous and that it be managed accordingly. (Chapter 756)
• SB 1261 (Jackson)–Hazardous Materials: Business Plans. Removes the requirement for owners or operators of a location that collect recyclable latex paint to have an approved CalRecycle business plan under the architectural paint recovery program. (Chapter 715)
• SB 1274 (Hancock)–Recycling: Used Mattresses. Makes technical changes to the Mattress Recycling and Recovery Act. (Chapter 371)

Statutes of 2013

• AB 8 (Perea)–Alternative Fuel and Vehicle Technologies: Funding Programs. Extends various fees and surcharges that fund programs administered by the California Energy Commission, the Air Resources Board, the Department of Resources Recycling and Recovery, local air districts, and the Bureau of Automotive Repair. (Chapter 401)
• AB 501 (Nazarian)–Vehicles. Changes the definition of tire broker to exclude a vehicle dealer and a tire retailer primarily engaged in the retail sale, service, and installation of new tires on customer vehicles.. (Chapter 392)
• AB 513 (Frazier)–Tire Recycling Program: Rubberized Asphalt Concrete. Requires the Department of Resources Recycling and Recovery to award rubberized asphalt concrete grants for local public works projects, disability access projects at parks and Class I Bikeways. (Chapter 499)
• AB 1126 (Gordon)–Oil and Gas: Well Stimulation. Creates, defines, and establishes regulatory standards for an Engineered Municipal Solid Waste conversion facility. (Chapter 411)
• AB 1317 (Frazier)–State Government Operations. Changes in the statutes necessary to reflect the changes made by the Governor’s Reorganizations Plan No. 2 as introduced to the Legislature on May 3, 2012. (Chapter 352)
• AB 1398 (Pavley)–Solid Waste: Recycling: Enforcement Agencies. Clarifies the ambiguity in existing law that governs the responsibilities between the Department of Resources Recycling and Recovery and local enforcement agencies. Also deletes and incorrect cross reference and revises the definition of the term commercial solid waste to include all types of solid waste generated by a commercial entity or multifamily dwelling. (Chapter 509)
• SB 4 (Pavley)–Oil and Gas: Well Stimulation. Requires the operator of an oil and gas well who wishes to perform well stimulations treatments to first apply for a permit with the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources. (Chapter 313)
• SB 96 (Committee on Budget and Fiscal Review)–Budget Act of 2013: Public Resources. Makes the necessary statutory changes in order to implements the Budget Act of 2013 as it relates to natural resources and environmental protection. (Chapter 356)
• SB 254 (Hancock)–Solid Waste: Used Mattresses: Recycling and Recovery. Establishes a statewide mattress recycling program to be developed, implemented, and administered by a single mattress recycling organization comprised of manufacturers, renovators, and retailers. (Chapter 388)

Statutes of 2012

• AB 480 (Solorio)–Solid Waste Facilities: Captive Insurance. Temporarily revises the conditions under which the use of captive insurance as a financial assurance mechanism for solid waste landfills would be allowed, while limiting its use to providing not more than 50 percent of an owner’s and operator’s financial assurance obligation. (Chapter 713)
• AB 549 (Carter)–Electronic Waste. Codifies the Department of Resources Recycling and Recovery’s (CalRecycle) regulatory authority under the Electronic Waste Recovery and Recycling Program and specifies that the clarifications contained within the bill related to California source materials and payment claim reviews are consistent with the Legislature’s original intent of the 2003 Electronic Waste Recycling Act (Sher, Chapter 526, Statutes of 2003). (Chapter 573)
• AB 837 (Nestande)–Plastic Products. Places the onus to substantiate the environmental marketing claim of a plastic food container product on the manufacturer or supplier of that product. This requirement would sunset on January 1, 2018. (Chapter 525)
• AB 845 (Ma)–Solid Waste. Prevents a local entity from restricting or placing limits on the importation of solid waste into a privately-owned, solid waste facility based on place of origin. (Chapter 526)
• AB 1181 (Butler)–Weights and Measures. Prohibits a person who is purchasing a commodity (including beverage containers) to pay the seller less than the highest applicable price represented by the purchaser to the seller for that commodity or less than a price per unit that is established by law or regulation. (Chapter 662)
• AB 1442 (Wieckowski)–Pharmaceutical Waste. Allows a pharmaceutical waste generator or parent organization that employs health care professionals to transport such waste via common carrier (ie United Parcel Service), instead of using a medical or hazardous waste hauler. (Chapter 689)
• AB 1508 (Carter)–Junk Dealers. Removes the exemption that allows individuals to avoid payment and identification requirements when they bundle copper or copper alloys, valued at not more than twenty dollars ($20), with beverage container transactions. (Chapter 531)
• AB 1647 (Gordon)–Waste Tires. Strengthens CalRecycle’s enforcement against illegal waste tire facilities and waste tire haulers, while streamlining the hearing process against noncompliant waste tire facilities or haulers by authorizing the department to utilize informal administrative hearings. (Chapter 534)
• AB 1900 (Gatto)–Renewable Energy Resources. Requires the Office of Environmental Health Hazard Assessment, in consultation with CalRecycle and other environmental state agencies, to compile a list of constituents found in biomethane that could pose a health risk and determine the appropriate concentrations for each constituent. (Chapter 602)
• AB 1933 (Gordon)–Beverage Containers. Reduces the load limit threshold that triggers the reporting requirements applicable to persons importing out-of-state beverage container material, and adds additional elements to the reporting requirements and enforcement provisions. (Chapter 540)
• AB 2196 (Chesbro)–Renewable Energy Resources. Reinstates Renewable Portfolio Standard eligibility for facilities using biomethane, meeting certain requirements. (Chapter 605)
• SB 1122 (Rubio)–Renewable Bioenergy Projects. Requires the California Energy Commission to direct electrical corporations to procure a minimum procurement of 250 megawatts of renewable energy from small biogas and biomass technologies by June 1, 2013. (Chapter 612)
• SB 1219 (Wolk)–Plastic Bags. Extends the sunset date for the At-Store Recycling Program from January 1, 2013 to January 1, 2020, and repeal the provision prohibiting local governments from passing ordinances that impose a fee on single-use plastic carryout bags. (Chapter 384)

Statutes of 2011

• AB 341 (Chesbro)–Solid waste: Diversion. AB 341 (1) requires CalRecycle to issue a report to the Legislature that includes strategies and recommendations that would enable the state to divert 75 percent of the solid waste generated in the state from disposal by January 1, 2020; (2) requires businesses that meet specified thresholds in the bill to arrange for recycling services by January 1, 2012; (3) streamlines the amendment process for non-disposal facility elements, by allowing changes without review and comment from a local task force; and (4) allows a solid waste facility to modify their existing permit, instead of having to undergo a permit revision, under specified circumstances. (Chapter 476)
• AB 525 (Gordon)–Solid Waste: Architectural Paint Recycling Program. Establishes the Architectural Paint Stewardship Account and the Architectural Paint Stewardship Penalty Subaccount in the Integrated Waste Management Fund. (Chapter 573)
• AB 712 (Williams)–Recycling: Beverage Containers. Prohibits expenditure of funds from the Beverage Container Recycling Program to a city, or city and county that has prevented the siting or operation of a certified recycling center at a supermarket site, due to the adoption or enforcement of a land-use restriction. (Chapter 576)
• AB 818 (Blumenfield)–Solid Waste: Multifamily: Dwellings. Requires the owner of a multifamily dwelling that contains five or more living units to arrange for recycling services. (Chapter 279)
• AB 1023 (Wagner)–Maintenance of the Codes. Makes minor clarifying changes and corrections to various California Codes including the Government and Public Resources Codes. (Chapter 296)
• AB 1149 (Gordon)–Beverage Containers: Recycling and Litter Reduction: Funds. Requires CalRecycle to consider certain criteria in setting the amount of the Plastic Market Development Payment, and extends the program authorization for expenditure through January 1, 2017. In addition to the current authorized expenditure of $10 million, the bill would provide authorization for additional monies to be expended from the Beverage Container Recycling Fund for such payments, based on specified criteria. The bill would also delete other grant provisions that are due to sunset on January 1, 2012. (Chapter 486)
• SB 84 (Committee on Budget and Fiscal Review)–Budget Act of 2010: Revisions. Seeks to transfer moneys to the General Fund, as a loan, from the Used Oil Recycling Fund and the Electronic Waste Recovery and Recycling Account. (Chapter 13)
• SB 567 (DeSaulnier)–Recycling: Plastic Products. Expands the scope of plastic products currently subject to a sales prohibition if environmental claims are not consistent with specific American Society for Testing and Materials Standards. (Chapter 594)
• SB 617 (Calderon)–State Government: Financial and Administrative: Accountability. Updates state government accounting practices by requiring state agencies to implement ongoing monitoring of internal accounting and financial controls in two areas of law. (Chapter 496)
• SB 841 (Wolk)–Solid Waste: Enterprises: Contracts. Restricts local governments from enforcing indemnity obligations on a solid waste enterprise for failing to obtain voter approval on fees or charges that violate Propositions 26 and 218. (Chapter 713)
• SB 909 (La Malfa)–Treated Wood Waste: Disposal. Requires that an Internet web site and toll-free number be added to the point-of-display posting required of wholesalers and retailers of treated wood and treated wood-like products. (Chapter 601)

Statutes of 2010

• AB 1004 (Portantino)–State Solid Waste Postclosure and Corrective Action Trust Fund. AB 274 (Portantino, Chapter 318, Statutes of 2009) established the State Solid Waste Postclosure and Corrective Action Trust Fund for the purposes of protecting the State from any future liability associated with cleanup of closed solid waste facilities. AB 1004 delays the effective date of the Trust Fund from January 1, 2012 to July 1, 2012, an extension of six months, and revises all subsequent dates relating to the administration of the Trust Fund and reporting requirements by a specified amount of time. This bill also gives landfill owners, rather than landfill operators, the final say as to whether to participate in the Trust Fund. (Chapter 417)
• AB 1343 (Huffman)–Architectural Paint: Recovery Program. Creates a product stewardship program for architectural paint, which requires manufacturers to develop and implement a program to collect, transport, and process postconsumer paint to reduce the public costs and environmental impacts of the management of postconsumer paint in California. The bill further requires CalRecycle to administer the program, approve and disapprove plans, and provide oversight to ensure a level playing field among manufacturers. (Chapter 420)
• AB 2398 (Perez)–Product Stewardship: Carpet. Creates a product stewardship program for carpet and requires a manufacturer or product stewardship organization acting on behalf of a manufacturer(s), to establish and submit to CalRecycle a product stewardship plan aimed at increasing the amount of carpet diverted from landfills and recycled into secondary products. (Chapter 681)
• AB 2738 (Niello)–Regulations: Agency Statement of Reasons. Current law requires each State agency to consider the imposition of performance standards before mandating the use of specific technologies or equipment, or prescribe specific actions. AB 2738 will further require each State agency to provide a description of any performance standard that was considered as an alternative. (Chapter 398)
• ABX8 7 (Assembly Budget Committee)–Environmental Pollution: Program Funding. Makes the following changes as it relates to the Beverage Container Recycling Fund (Fund): mandates that CalRecycle review the Fund every three months and report the Fund status on the internet; mandate that Fund expenditures may not be reduced or eliminated without 90 days notification that program reductions or eliminations must be made; accelerates the timeframe by which distributors submit California Refund Value to the Department from 90 days after the month of sale to 60 days; suspends or eliminates funding for specified sources for two years; caps the amount the Department may expend for “processing fee offsets,” which reduce program costs to manufacturers; and authorizes the Department to retroactively pay program participants that received reduced or eliminated funding during the period of January 1, 2010 to June 30, 2010. (Chapter 5)
• SB 228 (DeSaulnier)–Plastic Bags: Compostable Plastic Bags. Requires manufacturers of compostable plastic bags meeting specific American Society for Testing Materials (ASTM) standards to ensure the bag are easily identifiable from other bags. (Chapter 406)
• SB 390 (Kehoe)–Solid Waste: Recycling Market Development. Extends the sunset date of the CalRecycle Recycling Market Development Zone (RMDZ) Loan Program. Furthermore, SB 390 eliminates the current requirement that funds transferred from the IWMA account to the RMDZ Loan Subaccount be treated as a loan. (Chapter 275)
• SB 579 (Lowenthal)–Used Oil. Serves as a cleanup bill to SB 546 (Lowenthal, Chapter 353, Statutes of 2009). (Chapter 504)
• SB 627 (Calderon)–Catalytic Converters: Junk Dealers and Recyclers. Will require recyclers to comply with additional recordkeeping procedures and new payment restrictions when purchasing catalytic converters. (Chapter 603)
• SB 855 (Committee on Budget and Fiscal Review)–Budget Act of 2010: Resources. Specifies the manner in which CalRecycle must provide quarterly updates to the Legislature on the status of the Beverage Container Recycling Fund. The bill also includes various technical clean-up provisions within the Beverage Container Recycling and Litter Reduction Act; makes clarifying and conforming changes to the solid waste tipping fee as it relates to the State Water Resources Control Board and regional water board regulatory activities; and requires the Governor to submit a report to the Legislature by April 1, 2011 for the 2011-12 budget that includes a zero-based budget methodology for all state agency climate change programs. (Chapter 718)

For more information contact: Legislative and External Affairs Office, lex.office@calrecycle.ca.gov