Legislation
NEAR, FAR, WHEREVER YOU ARE
We proudly work on legislation to advance a circular economy. Click below to learn more about relevant legislation at the federal, state, and local level.
2021 EFFORTS
NSAC is supporting Texan's For Clean Water's Texas Clean & Healthy Initiative, a free-market no-tax rebate program that will reduce litter, increase recycling, create jobs, and fund state and local needs such as infrastructure, PPE, etc. A means to drive a more circular economy in a way that is uniquely Texas, for Texans.
What can YOU do?
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Endorse the plan: https://www.texansforcleanwater.org/endorse-the-plan
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Share NSAC's social media posts
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Share this email with any person, organization, and elected official that may help Texas achieve this milestone by endorsing and sharing the posts
NSAC SPONSORED BILLS
AB 818 (Bloom): Solid waste: premoistened nonwoven disposable wipes (2021) - Co-Sponsored By NSAC
By Assemblymember Bloom
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Co-Sponsored by NSAC and the California Association of Sanitation Agencies (CASA)
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Coalition Support Sign-on Letter: please email jordan@nsaction.us with your name, title, logo, signature to be added to the letter
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Status:
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2/25/2021: Referred to Committees on Environmental Safety and Toxic Materials and Judiciary. Committee on Environmental Safety and Toxic Materials hearing scheduled for 4/7/21
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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): Environmental advertising: recycling symbol (2021) - Co-Sponsored By NSAC
By Senator Allen
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Co-sponsored by NSAC and Californians Against Waste
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Coalition Support Letter: please email jordan@nsaction.us with your name, title, logo, signature to be added to the letter
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Opposition Letter from the Plastics Industry
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Status:
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2/17/2021: Referred to Committees on Environmental Quality and Judiciary. Senate Environmental Quality hearing set for 3/15.
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The bill would prohibit 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.
SB 424 (Jackson): Tobacco Waste (2019-20) - Sponsored by NSAC
By Senator Jackson
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Status: Bill died in August 2020. It was never taken for a vote in the Assembly due to the thinning of bills because of COVID-19. It will be reintroduced in early 2021.
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This bill addresses the following two key issues:
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Requires any electronic cigarettes to be reusable and require take-back program
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Any regular cigarette or cigars sold cannot have a filter (they are all plastic).
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Press:
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Study Raises Concern About E-Cigarette Waste - FairWarning, 10/24/19
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Cigarette butts are toxic plastic pollution. Should they be banned? - National Geographic, 8/09/19
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Disturbing Photo Shows a Black Skimmer Feeding a Cigarette Butt to Its Chick - Audubon, 8/01/19
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The World’s Most Littered Item Comes Under Fire - Wall Street Journal, 7/30/19
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Surfrider Foundation partners with SLO County Tobacco Control to clean up Avila Beach cigarette butts- KSBY, 7/20/19
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There’s Nothing Sustainable About Vape Pens or Pot Packaging- Bohemian, 7/10/19
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Central Coast landfill managers see single-use e-cigs & batteries as a growing waste problem - KSBY, 7/8/19
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Why a California lawmaker wants to ban cigarette filters and disposable vapes - CalMatters, 6/25/19
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Cigarette Waste: New Solutions for the World’s Most-littered Trash - The Revelator, 6/24/19
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Bill to Combat Tobacco Waste Passes California Senate- Waste360, 6/6/19
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Bill Proposed to Cut Toxic Cigarette Waste - The Independent, 5/19/19
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Big Tobacco and e-cigarette companies should help clean up their mess- CalMatters, 5/13/19
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California Senator Introduces Bill Aimed at Combating Tobacco and Electronic Waste- Vaping Post, 5/7/19
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Sign the Surfrider petition to "Contact your legislator" to support SB 424
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AB 729 (Chu): Carpet (2019) - SIGNED INTO LAW 10/9/19
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 726 (Caballero): Household Hazardous Waste Reuse & Exchange (2019) - SIGNED INTO LAW 10/2/19
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.
SB 212 (Jackson): Safe Medicine & Needle Disposal (2018) - SIGNED INTO LAW 9/30/18
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 10/14/17
By Assemblymembers Chu and Stone
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Sponsored by NSAC.
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In 2010, NSAC affiliate the California Product Stewardship Council 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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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 rates and dates for performance standards.
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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.
FEDERAL LEGISLATION
HR 5845 (Udall & Lowenthal): Break Free From Plastic Pollution Act (2020)
By Senator Udall and Congressman Lowenthal
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Status:
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2/12/2020: Referred to the Subcommittee on Water Resources and Environment.
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Amends the Solid Waste Disposal Act to reduce the production and use of certain single-use plastic products and packaging, to improve the responsibility of producers in the design, collection, reuse, recycling, and disposal of their consumer products and packaging, to prevent pollution from consumer products and packaging from entering into animal and human food chains and waterways, and for other purposes.
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Senator Tom Udall Press Release, 2/11/2020
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Senator Tom Udall Press Release, 10/31/2019
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Coalition Letter of Support, 8/21/19
STATE LEGISLATION
Arizona
HB2828: Solar; Electric Vehicle Batteries; Disposal (2020)
By Representative Finchem
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Status:
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2/26/2020: Rules Committee voted 8-0 that the bill is Constitutional and in Proper form
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Would require solar panels to be recycled at an approved recycling facility. It would also would impose a $5 per panel fee on the person who sells or leases the panels, unless those panels are produced by a manufacturer that has its own recycling program.
California
AJR 4 (C. Garcia): Basel Convention - SUPPORT
By Assemblymembers Cristina Garcia, Bennett, Friedman, Lorena Gonzalez, Holden, Quirk, and Luz Rivas, and Senators Allen, Eggman, Stern, Wieckowski, and Wiener.
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Status:
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1/28/2021: Referred to Committee on Natural Resources
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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 (2021)
By Assemblymember Quirk, Mathis, Bauer-Kahan, and Lee
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Status:
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1/28/2021: Referred to Committee on Business and Professions
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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 707 (Quirk): Mercury Thermostats (2021)
By Assemblymember Quirk
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Status:
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2/25/2021: Referred to Assembly Committee on Environmental Safety and Toxic Materials
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This bill would require each manufacturer, or group of manufacturers, to provide collection bins to wholesalers for collection of out-of-service mercury-added thermostats at a cost not to exceed $30.
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The bill would make other nonsubstantive changes to the act.
AB 842 (Garcia & Gray): Solid waste: single-use plastic packaging and products (2021)
By Assemblymembers Cristina Garcia and Adam Gray
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Status:
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2/18/2021: May be heard in committee 3/20
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This bill would express the intent of the Legislature to substantially reduce local, statewide, and global impacts resulting from the generation and improper disposal of single-use plastic packaging and products by subsequently enacting legislation related to single-use plastic packaging and products.
AB 881 (Lorena Gonzalez): Plastic waste: diversion: recycling: export (2021)
By Assemblymember Lorena Gonzalez
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Coalition Support Letter
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Status:
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2/25/2021: Referred to the Assembly Committee on Natural Resources
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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
AB 962 (Kamlager): California Beverage Container Recycling and Litter Reduction Act: reusable beverage containers (2021)
By Assemblymember Kamlager
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Status:
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2/25/2021: Referred to the Assembly Committee on Natural Resources
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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 (2021)
By Assemblymember Ting
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Status:
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3/8/21: Re-referred to Committee on Environmental Safety and Toxic Materials. Amended.
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This bill would prohibit, beginning January 1, 2022, 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 define “food packaging,” in part, to mean a nondurable package, packaging component, or food service ware that is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.
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This bill would require, beginning January 1, 2022, a manufacturer, as defined, of cookware sold in the state that contains one or more chemicals present on a designated list, as defined, to include a statement on the product label, as defined, in both English and Spanish, regarding the presence of those chemicals of concern in the cookware, as provided. The bill would require, beginning January 1, 2022, a manufacturer of this cookware to post on the 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, 2022, 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 present in the cookware.
AB 1201 (Ting): Solid waste: plastic products: labeling: compostability and biodegradability (2021)
By Assemblymember Ting
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Status:
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3/4/2021: Referred to Committee on Natural Resources.
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This bill would prohibit a person from selling a plastic product that is labeled with the term “compostable,” “home compostable,” or “soil biodegradable” unless the product meets specified standards and satisfies specified criteria. The bill would authorize the Department of Resources Recycling and Recovery 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.
AB 1035 (Salas & Skinner): Transportation: Road Maintenance and Rehabilitation Program: recycled material standards (2021)
By Assemblymembers Salas and Skinner
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Status:
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3/4/2021: Referred to Committee on Transportation
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This bill would delete the condition in that requirement imposed on the department and those cities and counties to use advanced technologies and material recycling techniques to the extent possible. The bill would require those cities and counties to apply standard specifications that allow for the use of recycled materials at or above the level allowed in the department’s most recently published standard specifications for recycled base and subbase materials, reclaimed asphalt pavement and other materials in asphalt, reclaimed aggregate, fly ash, returned plastic concrete, and other materials in concrete, and including any recycled materials that are published in the department’s future standard specifications, as specified.
AB 1454 (Bloom & O'Donnell): The California Beverage Container and Litter Reduction Act (2021)
By Assemblymembers Bloom and O'Donnell
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Status:
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3/8/2021: Re-referred to Committee on Natural Resources.
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This bill would establish the Beverage Container Recycling Program Advisory Board, consisting of 9 members in specified categories appointed by the Director of Resources Recycling and Recovery, and would require the department to consult with the board when initiating, reviewing, or expanding policies, guidelines, or budgetary changes impacting the beverage container recycling program.
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This bill would allow the department to designate a regional convenience zone serving multiple unserved supermarket-based zones based on specified factors.
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This bill would require the refund value to be paid onsite at the time of redemption, through a voucher, or through an electronic payment within 5 business days.
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This bill would make changes to processing payments.
SB 54 (Allen): Plastic Pollution Producer Responsibility Act (2021)
By Senators Allen, Becker, Stern, Wiener, and Lena Gonzalez, and Assemblymembers Lorena Gonzalez, Muratsuchi, Ting, Boerner Horvath, Carrillo, Kamlager, and Luz-Rivas.
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Status:
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2/25/2021: Re-referred to Committee on Rules
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This bill would establish the Plastic Pollution Producer Responsibility Act, which would prohibit producers of single-use, disposable packaging or single-use, disposable food service ware products from offering for sale, selling, distributing, or importing in or into the state such packaging or products that are manufactured on or after January 1, 2032, unless they are recyclable or compostable.
SB 207 (Dahle): Photovoltaic Recycling Advisory Group (2021)
By Senator Dahle
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Status:
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2/25/2021: Referred to Committee on Environmental Quality. Hearing set for 3/15.
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This bill would require the Secretary for Environmental Protection to, on or before April 1, 2022, convene the Photovoltaic Recycling Advisory Group, consisting of specified members, to review and advise the Legislature on policies pertaining to the recovery of photovoltaic panels and their components. The bill would require the advisory group to consult with relevant entities in order to develop and, on or before April 1, 2025, submit to the Legislature policy recommendations aimed at ensuring that, to the extent possible, 100% of photovoltaic panels in the state are reused or recycled at end of life in a safe and cost-effective manner.
SB 289 (Newman): Recycling: household batteries (2021)
By Senator Newman and Assemblymembers Berman and Mullin
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Status:
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3/7/2021: Re-referred to Committee on Rules for assignment.
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The bill would enact the Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act of 2021, which would require producers, as defined, either individually or through the creation of one or more stewardship organizations, to establish a stewardship program for batteries and battery-embedded products. The bill would require the stewardship plan to include specified elements, including a collection system for batteries and battery-embedded products with a specified minimum distribution of collection sites and a funding mechanism to provide sufficient funding for implementation of the plan.
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The bill would prohibit a retailer or distributor from selling, distributing, offering for sale, or importing a battery or battery-embedded product in or into the state unless the producer of the battery or battery-embedded product is listed as in compliance on that list for that brand and battery or battery-embedded product, except as specified.
SB 451 (Dodd): Beverage container recycling: pilot projects (2021)
By Senator Dodd
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Status:
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2/25/2021: Referred to Committee on Environmental Quality
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This bill would postpone to January 1, 2023, the date by which the department may approve recycling pilot projects. The bill would increase the maximum number of pilot projects from 5 to 10. By increasing expenditures from a continuously appropriated fund for these extensions, the bill would make an appropriation.
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This bill would make the provisions related to the pilot projects inoperative on July 1, 2023, and would repeal them as of January 1, 2024.
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.
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 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.
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 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 10/13/19
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.
AB 54 (Ting): The California Beverage Container Recycling and Litter Reduction Act. -
SIGNED INTO LAW 10/12/19
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 10/9/19
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.
SB 212 (Jackson): Safe Medicine & Needle Disposal - SIGNED INTO LAW 9/30/18
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).
-
Pre-empts local ordinances passed after April 18, 2018.
AB 2347 (Ruskin): Mercury Thermostat Extended Producer Responsibility - SIGNED INTO LAW 9/29/08
By Assemblymember Ruskin
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First Extended Producer Responsibility law in CA.
-
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
HB20-1163: Management of Single-Use Products (2020)
Prime Sponsors: Representative Valdez and Sirota, and Senator Gonzales
-
Status:
-
5/28/2020: House Second Reading Laid Over to 12/31/2020 - No Amendments
-
-
The bill prohibits stores and retail food establishments, on and after July 1, 2021, from providing single-use plastic carryout bags, single-use plastic stirrers, single-use plastic straws, and expanded polystyrene food service products (collectively "single-use products") to customers at the point of sale. The executive director of the department of public health and environment is authorized to enforce the prohibition. The prohibition does not apply to inventory purchased before July 1, 2021, and used on or before December 31, 2021.
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A store or retail food establishment, on or after July 1, 2021, may furnish recyclable paper carryout bags to a customer at a charge of at least 10 cents per customer, which amount the store or establishment may retain in full, unless a local government's ordinance or resolution prohibits the store or establishment from retaining the full charge.
-
A local government, on or after July 1, 2021, is preempted from enacting an ordinance, resolution, rule, or charter provision that is less stringent than the statewide prohibition.
Hawaii
HB 1316: Relating To Packaging Waste (2021)
By Representatives Lowen and Marten
-
Status:
-
2/11/2021: Passed the House Energy & Environmental Protection with amendments with a 8-0 vote.
-
-
Part I: Requires and appropriates funds for the department of health to conduct a study on the benefits and costs to implement extended producer responsibility in the State.
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Part II: Beginning January 1, 2022, prohibits full-service restaurants from providing single-use plastic service ware to consumers unless requested by the consumer.
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Part III: Beginning January 1, 2023, requires beverage manufacturers that offer for sale, sell, or distribute beverages in plastic beverage containers in the State to meet minimum postconsumer recycled content requirements.
HB 1419: Establishes the Municipal Product Stewardship Program (2021)
By Senator Acasio
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Status:
-
2/8/2021: Re-Referred to the Committees on Agriculture and Environment, and Judiciary.
-
-
The legislature finds that municipal product stewardship programs shift the costs of paying for solid waste disposal and recycling from the municipality to product manufacturers. Funds for product stewardship programs go directly to states, cities, and towns to help cover the costs of recycling and rapidly expand their programs with infrastructure investments. This approach retains the right and ability of organized citizens and small businesses to oversee and control local decision-making.
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The purpose of this Act is to establish a municipal product stewardship program.
Illinois
HB 1780: Drug Take-Back Act (2021)
By Representatives Gong-Gershowitz, Howard, Cassidy, and Stava-Murray
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Status:
-
2/17/2021: Referred to Rules Committee
-
-
Requires covered manufacturers to, no later than July 1, 2022 or 6 months after becoming a covered manufacturer, whichever is later, participate in an approved drug take-back program or have established and implemented a drug take-back program independently or as part of a group of covered manufacturers.
Maine
LD 2104 (HP 1500): Packaging Recycling (2020)
-
Status:
-
11/16/2020: Died Upon Conclusion of the 129th Legislature
-
-
Establishes a product stewardship program for packaging to be operated by a stewardship organization contracted by the Department of Environmental Protection following a competitive bidding process. Under that program, producers of packaging pay into a fund based on the amount by weight of packaging material they sell, offer for sale or distribute for sale in the State.
LD 1460 (SP 445): Collection & Proper Disposal of Unwanted Drugs (2019-20) - Two Year Bill
By Senators Gratwick, Black, Claxton, Davis, Dill, Jackson, Sanborn, and Vitelli, Representatives Hymanson and Madigan, and President Jackson
-
Status:
-
11/16/2020: Died Upon Conclusion of the 129th Legislature
-
-
This bill provides for the establishment of drug take-back stewardship programs. It 39 requires certain drug manufacturers, as defined in the bill, to operate a drug take-back 40 stewardship program to collect and dispose of certain drugs.
LD 1668 (HP 1194): Recommendations Regarding the State's Mercury-add Lamp Law - SIGNED INTO LAW 6/13/19
By Representative Tucker
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This bill makes a number of changes to the State's mercury-added lamp law, including:
-
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.
-
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.
-
LD 1649 (HP 1185): Recommendations Regarding the State's Product Stewardship Program Framework Laws - SIGNED INTO LAW 6/6/19
By Representative Tucker
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This bill makes a number of changes to the State's product stewardship program framework laws, including:
-
Revises program parameters with respect to the establishment of a product collection system, program staffing requirements for producers or stewardship organizations and program costs.
-
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.
-
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.
-
LD 1431 (HP 1041): Resolve, to Support Municipal Recycling Programs -
SIGNED INTO LAW 5/30/19
By Representatives Devin, Fay, Gramlich, Grohoski, Keschl, Reckitt, and Tucker, and Senators Carson and Foley
-
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.
Maryland
HB 36: Environment – Packaging, Containers, and Paper Products – Producer Responsibility
(2021)
By Representatives Lierman, Charkoudian, Jones , Lewis, Love, Terrasa
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Status:
-
1/26/2021: Hearing scheduled for 2/9 at 1:30 p.m. in the Environment and Transportation Committee
-
-
Requiring, by October 1, 2022, a producer of certain packaging, containers, and paper products to individually or as part of a stewardship organization submit a covered materials and products stewardship plan to the Department of the Environment for approval; prohibiting, on or after a October 1, 2024, a producer of covered materials and products from selling or distributing covered materials and products unless the producer individually or as part of a stewardship organization has an approved stewardship plan; etc.
Massachusetts
H.1553: Act to Save Recycling Costs in the Commonwealth (2021)
By Representatives Michael S. Day
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Would direct packaging producers to establish a producer responsibility organization (PRO) and submit a stewardship plan for how the PRO will run the program and reimburse collectors.
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It also establishes an advisory committee made up of stakeholders and allows producers to propose alternative collection programs for certain packaging.
Minnesota
HF 2267: Carpet Product Stewardship (2019)
By Representatives Hansen, Fischer, Becker-Finn, and Long
-
Current Status:
-
3/20/19: Referred by Chair to Environment and Natural Resources Finance Division
-
-
For all carpet sold in the state, producers must, individually or through a stewardship organization, implement and finance a statewide product stewardship program that manages carpet by reducing carpet's waste generation, promoting its reuse and recycling, and providing for negotiation and execution of agreements to collect, transport, and process carpet for end-of-life recycling and reuse.
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On and after July 1, 2021, no producer, wholesaler, or retailer may sell carpet or offer carpet for sale in the state unless the carpet's producer participates in an approved stewardship plan, either individually or through a stewardship organization.
-
Press:
-
Companion: SF 2300
HF 3181: Wet Wipes (2020)
By Representatives Claflin, Becker-Finn, Fischer, Hornstein, Lislegard
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Current Status:
-
4/14/2020: Committee report, to adopt
-
-
No nonwoven disposable product for sale in the state may be advertised, packaged, or labeled as flushable, septic safe, or sewer safe unless it meets the definition set forth in subdivision 1.
-
A nonwoven disposable product for sale in the state
must meet the most recent INDA (Association of the Nonwoven Fabrics Industry) code of practice for product labeling that has been approved by the commissioner of the Pollution Control Agency -
Companion: SF 3139
HF 842: Carpet stewardship (2021)
By Representative Jordan
-
Status:
-
2/8/2021: Introduction and first reading, referred to Environment and Natural Resources Finance and Policy
-
-
A producer of carpet sold in the state must participate in the stewardship organization to implement and finance a statewide product stewardship program operated under an agency-approved product stewardship plan that manages carpet by reducing carpet's waste generation, promoting its reuse and recycling, and providing for negotiation and execution of agreements to collect, transport, and process carpet for recycling and reuse.
New York
Assembly Bill A4129: "Flushable" Wipes (2021)
By Colton, Gottfried, Simon, Steck, Cook, Dilan, Lupardo, Englebright
-
Status:
-
2/1/2021: Referred to Consumer Affairs and Protection
-
-
Prohibits a manufacturer from labeling or advertising a nonwoven disposable product for sale as a flushable without prior approval.
Assembly Bill A4308: Tobacco Product Waste Reduction Act (2021)
By Griffin and Gonzalez-Rojas
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Status:
-
2/1/2021: Referred to Health
-
-
Assembly Version: S1278
-
Prohibits the sale or offering for sale of cigarettes utilizing single-use filters and single-use electronic cigarettes.
Senate Bill S5027: Carpet Stewardship (2021)
By Senator Kavanagh
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Status:
-
2/22/2021: Referred to the Environmental Conservation Committee
-
-
Establishes a carpet stewardship program; requires manufacturers to coordinate with wholesalers, retailers and installers to recycle old carpets; provides penalties for noncompliance.
Senate Bill S1185A: Packaging & Paper Products EPR (2021)
By Senators Kaminsky, Addabbo Jr., Brisport, Comrie, Hinchey, Gaughran, Gounardes, Harckham, Hoylman, Jackson, Kaplan, Krueger, Liu, May, Mayer, Myrie, Ramos, Reichlin-Melnick, Sepulveda, Serrano, and Thomas
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Status:
-
2/8/2021: Advanced to third reading
-
-
Establishes the extended producer responsibility act requiring covered materials and product producers to develop and implement strategies to promote recycling, reuse and recovery of packaging and paper products.
Senate Bill S5447: Solar Panel Collection Act (2021)
By Senators O'Mara
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Status:
-
3/5/2021: Referred to Environmental Conservation
-
-
Enacts the "solar panel collection act" to require manufacturers of solar panels to collect such panels when they are taken out of use; requires educational outreach relating thereto; establishes collection goals therefor; requires reporting of collection efforts.
Assembly Bill A6373: Postconsumer Paint Collection Program (2019) - SIGNED INTO LAW 10/16/19
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 (2018) - SIGNED INTO LAW 7/10/18
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 2065: Relating to modernizing Oregon's recycling system (2021)
-
Status:
-
1/19/21: Referred to Energy and Environment with subsequent referral to Ways and Means.
-
-
Requires producers of covered products to join producer responsibility organization unless exempt. Requires producer responsibility organization to submit program plan to Department of Environmental Quality. Requires producer responsibility organizations to reimburse local governments for certain expenses.
-
Establishes Oregon Recycling System Advisory Council.
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Directs department to establish uniform statewide collection list.
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Establishes Producer Responsibility Fund and Waste Prevention and Reuse Fund.
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Prohibits sale in this state of products with deceptive or misleading claims about recyclability.
HB 2592: Relating to extended producer responsibility programs (2021)
By Representatives Sollman, Dexter, Schouten, Wilde
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Status:
-
1/19/21: Referred to Energy and Environment
-
-
Requires producers to form or join extended producer responsibility programs for packaging, food serviceware and printing and writing paper.
-
Establishes Extended Producer Responsibility Fund.
-
Prohibits sale of products that make deceptive or misleading claims about recyclability.
-
Requires extended producer responsibility organization to first implement program no later than July 1, 2025. Provides that labeling and facility permitting provisions become operative July 1, 2025. Applies to covered products sold on or after July 1, 2025.
HB 3273: Pharmaceutical Product Stewardship (2019) - SIGNED INTO LAW 8/9/19
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.
Vermont
H. 142: Extended producer responsibility for packaging and paper products (2021)
By Representative Amy Sheldon
-
Status:
-
1/27/2021: Read first time and referred to the House Committee on Natural Resources, Fish, and Wildlife
-
-
Requires parties responsible for the production or distribution of packaging and paper products to implement or participate in a plan for the collection and management of recyclable packaging and paper products.
S. 227: Provision of personal care products by lodging establishments (2020)
By Senator Christopher Bray
-
Status:
-
6/16/2020 Read First reading in the House and Rreferred to the House Committee on Natural Resources, Fish, and Wildlife
-
-
This bill proposes to prohibit the provision by lodging establishments of personal use products in small plastic bottles
Washington
SB 5022: Concerning the management of certain materials to support recycling and waste and litter reduction (2021)
By Das, Rolfes, Carlyle, Kuderer, Salomon, Dhingra, Wilson, C., Keiser, Liias, Pedersen, Lovelett, Nobles, Saldaña, Stanford, and Nguyen
-
Status:
-
3/4/2021: Referred to Environment & Energy.
-
-
The legislature intends that the policy of the state is to ensure that by 2040 an overall recycling and reuse rate of 90 percent is achieved for plastic packaging and other packaging materials. The legislature further intends that these materials are recycled or reused through extended producer responsibility programs. It is the intent of the legislature that extended producer responsibility programs are implemented by and for producers of plastic packaging and other material types so that the design and management of their packaging is accomplished in a manner that ensures minimal environmental impact, involves producers from design concept to end-of-life management, and incentivizes innovation and research to minimize environmental impacts.
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 5/21/19
By Representatives Rolfes, Carlyle, Darneille, Saldana, Hasegawa, Hunt, and Kuderer
-
Effective date 7/28/19
-
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 5/9/19
By Representatives Peterson, DeBolt, Goodman, Fitzgibbon, Appleton, Ortiz-Self, Hudgins, Orwall, Jinkins, Sells, Tharinger, Kloba, Senn, Pollet, Stanford, Bergquist, and Marci
-
Effective date 7/28/19
-
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 3/22/18
By Representatives Peterson, Appleton, Stanford, Robinson, Lytton, Ormsby, Senn, Jinkins, Bergquist, Frame, Gregerson, Doglio, Fey, Tharinger, Ryu, Kilduff, Macri, Hudgins, Farrell, Sawyer, and Cody
-
Effective date 6/7/18
-
Passed with bi-partisan support.
-
A statewide drug take-back program for prescription and over-the-counter medicines financed and coordinated by pharmaceutical manufacturers selling medicines into WA.
-
At least 1 collection site in every city/town's population area, plus 1 additional collection site for every 50,000 residents.
-
Any eligible host must receive a bin within 90 days of offering to participate.
-
Prepaid return mailers provided on request to any resident and to any retail pharmacy that offers to distribute mailers.
-
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.
-
Collection of sharps are not included.
-
Act sunsets January 2029.
SB 5939: Solar Stewardship - SIGNED INTO LAW 7/7/17
By Senators Erickson and Palumbo
-
First state to pass a solar stewardship bill.
-
Requires manufacturers selling solar products into the state to have end-of-life recycling programs for their own products.
-
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.
-
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.