Plastic Waste Pollution Crisis Legislation (2019)

By Senator Udall and Representative Lowenthal

​

• Senator Tom Udall Press Release

• Coalition Letter of Support, 8/21/19

• Current Status:

  • To be introduced in Fall 2019

• Pres:

  • Lawmakers propose sweeping national plastic waste legislation - Waste Dive, ​7/22/19

HR 2500 (Smith): Per & Polyfluoroalkyl (PFA) Substances (2019)

By Senators Capito, Inhofe, and Congress Representatives Dingell, Khanna, Kildee, Levin, Pappas, Smith.

• Current Status:

  • 7/12/19: Passed the House with a 220-197 vote

  • 7/12/19: Amendment 562 was introduced

  • 6/27/19: S. 1790 Passed the Senate floor with an 86-8 vote

  • 6/19/19: S. 1507 was filed as an amendment under S. 1790

  • 6/11/19: S. 1790 was introduced in Senate

  • 5/16/19: S. 1507 was introduced in Senate

• Amendments to this bill would require a wide variety of actions by various federal agencies to: end most uses of PFAS by the military in firefighting foam, require reporting of PFAS releases as part of the Toxics Release Inventory (TRI), require the Administrator of the EPA to designate all PFA substances as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), require the Secretary of Defense to ensure that all incineration of materials containing PFAS is conducted in a manner that eliminates PFAS while also ensuring that no PFAS are emitted into the air.

SB 54 (Allen): Single-use Plastic Waste: Reduction (2019-20) - Two Year Bill - SUPPORT

AB 1080 Companion Bill

SB 372 (Wieckowski): Single-use Plastic Products: Extended Producer Responsibility (2019-20) - Two Year Bill

SB 424 (Jackson): Tobacco Waste (2019-20) - Two Year Bill - Sponsored by NSAC

SB 574 (Leyva): Cosmetic Fragrance and Flavor Right to Know Act (2019-20) - Two Year Bill - SUPPORT

AB 54 (Ting): The California Beverage Container Recycling and Litter Reduction Act. (2019) - SIGNED INTO LAW 10/12/19

AB 1080 (Gonzalez): California Circular Economy & Plastic Pollution Reduction Act (2019-20) - Two Year Bill - SUPPORT

SB 54 Companion Bill

AB 1171 (Chen): Solid waste: food packaging material: local regulation (2019-20) - Two Year Bill - OPPOSE

AB 1509 (Mullin): Lithium Ion Batteries (2019-20) - Two Year Bill - Co-sponsored by CPSC

AB 142 (C. Garcia): Lead-acid batteries (2019) - SIGNED INTO LAW 10/13/19

AB 1672 (Bloom): Solid waste: flushable products (2019-20) - Two Year Bill - SUPPORT

AB 729 (Chu): Carpet (2019) - SIGNED INTO LAW 10/9/19

SB 726 (Caballero): Household Hazardous Waste Reuse & Exchange (2019) - SIGNED INTO LAW 10/2/19

SB 212 (Jackson): Safe Medicine & Needle Disposal (2018) - SIGNED INTO LAW 9/30/18

AB 1158 (Chu): Carpet Recycling (2017) - SIGNED INTO LAW 10/14/17

AB 2347 (Ruskin): Mercury Thermostat Extended Producer Responsibility (2008) - SIGNED INTO LAW 9/29/08

HB 5447: Sharps Waste (2019)

By Representative Rose

​

• Current Status:

  • 1/16/19: Referred to Joint Committee on Public Health​

• Require drug manufacturers and distributors to accept used sharps from patients in the state for disposal of recycling.

HB 0349: Drug and Sharps Waste Program (2019)

By Representatives Gong-Gershowitz, LaVia, Harper, and Hernandez

​

• Current Status:

  • 3/29/19: Referred to House Rules Committee

• Directs the Environmental Protection Agency to administer a drug and sharps waste stewardship program. 

• Requires that all counties have at least one collection site for unused drugs and sharps per 50,000 people, and no fewer than 5 such collection sites.

• Requires counties that do not have the necessary number of collection sites to establish a mail-back program, or alternative collection program for covered products, or both.

• Imposes an administrative fee on covered entities.

• Exempts stewardship programs already in existence under local ordinances at the time the Act takes effect from the Act's provisions, but provides that those entities with programs that are not within the Act's purview are not to receive any monetary support.

SB 0557: Carpet Stewardship Act (2019)

By Senator Melinda Bush, and Representatives Zalewski and Connor

​

• NSAC Letter of Support 

• Current Status:

  • 5/10/19: Re-referred to House Rules Committee

• Producers shall, through the clearinghouse, implement and finance a statewide carpet stewardship program that: manages carpet by reducing its waste generation; promotes its recycling and reuse; and provides for negotiation and execution of agreements to collect, transport, process, or market the discarded carpet for end-of-life recycling or reuse.

• On and after January 1, 2020 a producer of carpet shall add a carpet stewardship assessment fee of 4 cents per square foot to the purchase price of nylon carpet, polypropylene carpet, and wool carpet, and 6 cents per square foot to the purchase price of PET carpet, PTT carpet, and blended carpet sold in this State by that producer.

• Establishes requirements for state procurement of carpet.

LD 544 (HP 401) : Tobacco Waste (2019-20) Two Year Bill

By Representatives Blume, Bailey, Fay, Landry, and McCreight

​

• Current Status:

  • 6/20/19: Carried over

• This bill proposes to establish a system under which producers of tobacco products develop, finance and implement stewardship programs to collect, transport, process and safely dispose of post-consumer tobacco waste to reduce, prevent and mitigate the environmental effects of the disposal of that waste in the State.

LD 1668 (HP 1194): Recommendations Regarding the State's Mercury-add Lamp Law (2019) - SIGNED INTO LAW 6/13/19

By Representative Tucker

​

• 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 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

​

• Current Status:

  • 6/20/19: Carried over

• 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 1431 (HP 1041): Resolve, to Support Municipal Recycling Programs (2019) - SIGNED INTO LAW 5/30/19

By Representatives Devin, Fay, Gramlich, Grohoski, Keschl, Reckitt, and Tucker, and Senators Carson and Foley

​

• This resolve requires the Department of Environmental Protection to develop 10 proposed legislation to establish a new product stewardship program requiring producers 11 of packaging to assist Maine municipalities in managing and financing packaging waste 12 disposal and recycling programs in the State. The proposed legislation is required also to 13 incentivize producers of packaging to design packaging to be recycled or made of 14 recycled content to strengthen the recycling markets. The resolve requires the department 15 to submit the proposed legislation to the Joint Standing Committee on Environment and 16 Natural Resources no later than December 16, 2019.

LD 1549 (HP 1153): Stewardship Program for Consumer Batteries (2019-20) - Two Year Bill

By Representative Fay

​

• Current Status:

  • 6/20/19: Carried over

• This bill provides for the establishment of a stewardship program for consumer batteries, including both single-use and rechargeable batteries and certain products containing these batteries. Under the bill, a producer of consumer batteries or an organization composed of one or more producers of such batteries must submit a plan for the establishment of a battery stewardship program to the Commissioner of Environmental Protection for approval. Once approved, the program must operate to provide convenient, free statewide collection opportunities for discarded batteries, and the batteries collected through the program must be recycled or otherwise responsibly managed. The bill also amends and repeals existing laws relating to certain battery types to avoid statutory conflict with the stewardship program for consumer batteries.

LD 1649 (HP 1185): Recommendations Regarding the State's Product Stewardship Program Framework Laws (2019) - SIGNED INTO LAW 6/6/19

By Representative Tucker

​

• This bill makes a number of changes to the State's product stewardship program 37 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.

HF 2267: Carpet Product Stewardship (2019)

By Representatives Hansen, Fischer, Becker-Finn, and Long

​

• Current Status:

  • 3/26/19: Heard in Environment and Natural Resources Finance Division Committee and bill included in an omnibus bill (SF 2314) See Below

• 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.

•  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:

  • Minnesota Post, ​Why the DFL is taking on the carpet industry- 3/28/19

• Companion: SF 2300

SF 2314: Carpet Product Stewardship (2019)

By Senators Ingebrigtsen, Ruud, and Tomassoni and

Representatives Hansen, Wagenius, Considine, Lee, Persell, and Vang

​

• NSAC Letter of Support

• Current Status:

  • 5/1/19: Senate refuses to concur, conference committee of 5 requested. House accedes, conference committee of 5 to be appointed. 

Assembly Bill A6373: Postconsumer Paint Collection Program (2019)

By Assemblymember Englebright ​

• Current Status:

  • 6/20/19: Returned to Senate, passed Assembly, ordered to third reading, and substituted for A6373

• 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 S2327: Carpet Stewardship (2019)

By Senator Kavanagh

​

• Current Status:

  • 1/24/19: Referred to Senate 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 S23837: Solar Panel Collection Act (2019)

By Senators O'Mara, Addabbo Jr., Avella, Bailey, Brooks, Carlucci, Gunke, Hoylman, Kaminsky, Kennedy, LaValle, Phillips, Savino, Serrano, and Valesky

​

• Current Status:

  • 6/13/18: Referred to Environmental Conservation Committee, delivered to Assembly, passed the Senate Floor with a 60-0 vote with 3 votes excused

• 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.

Senate Bill S3541: Paint Stewardship (2019)

By Senators Kennedy, O'Mara, Serrano, and Funke

​

• Current Status:

  • 2/8/19: Referred to Senate Environmental Conservation​ Committee

• Same as Assembly Bill 1463

• Relates to establishing the paint stewardship program, minimizing the public sector involvement in the management of post-consumer paint, and negotiating agreements to collect, transport, reuse, recycle, and/or burn for energy recovery at an appropriately licensed facility post-consumer paint using environmentally sound management practices.

Senate Bill S9100: Drug Take Back Act (2018) - SIGNED INTO LAW 7/10/18

By Senators Hannon, Avella, O'Mara, Addabbo Jr., and Bailey

​

• Requires certain manufacturers to operate a drug take back program to accept and dispose of covered drugs.

• 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.

• Collection of sharps are not included.

SB 276: Mattress Stewardship (2019)

By Senators Manning Jr., Prozanski, Dembrow, Frederick, and Taylor, and Representatives Fahey, Nosse, Power, Sanchez, and Wilde

​

• Current status:

  • 4/15/19: Referred to Ways and Means by order of the President

• Establishes product stewardship program for mattresses.

• Establishes Mattress Stewardship Fund.

• Becomes operative January 1, 2020.

HB 2772: Relating to household hazardous waste; declaring an emergency (2019)

By Representatives McLain, Keny-Guyer, Helm, Marsh, Sanchez, Sollman, Wilde, Williams, and Senators Dembrow, Taylor, Manning Jr., and Riley

​

• Current status:

  • 3/12/19: Referred to Ways and Means by prior reference

• Establishes product stewardship program for household hazardous waste.

• Establishes Household Hazardous Waste Stewardship Fund.

• Becomes operative January 1, 2020.

• Imposes penalty for violation by retailer of program provisions not to exceed $100 per day for each day of violation. Imposes penalty for violation by manufacturer or stewardship organization of program provisions not to exceed $25,000 per day for each day of violation.

• Declares emergency, effective on passage.

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

​

• 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.

H 75: HHW Product Stewardship (2019)

By Representatives Sullivan, Macaig, McCullough, Squirell, Troiano, Walz, White, Yantachka

​

• Current status:

  • 1/24/19: Read first time and referred to Committee on Natural Resources, Fish, and Wildlife

• This program would require that manufacturers of household products containing a hazardous substance to participate in a stewardship organization and implement a plan to collect household products containing a hazardous substance free of charge to the public.

SB 5397: Responsible Management of Plastic Packaging (2019) - SIGNED INTO LAW 5/21/19

By Representatives Rolfes, Carlyle, Darneille, Saldaña, 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 (2019) - 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 Macri

​

• Effective date 7/28/19

• The legislation would require 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 (2018) - 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 June 7, 2018.

• 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 (2017) - SIGNED INTO LAW 7/7/17

By Senators Ericksen 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.