Signed into Law

NSAC SPONSORED BILLS

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

By Assemblymember Chu

 

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

By Senator Caballero & Assemblymember Berman

  • Sponsored by NSAC

  • 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

  • Passed with bi-partisan support.

  • Network of medicine collection bins in pharmacies, hospitals/clinics, and law enforcement.

  • Any eligible host must receive a bin within 90 days of offering to participate.

  • Medication mail-back envelopes for home-bound patients.

  • Safe sharps return container with pre-paid shipping postage provided with every needle sold.

  • Reimbursement for HHW costs to manage sharps collection.

  • Requires stewardship organization to be a 501(c)(3).

  • 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

 

  • Sponsored by NSAC.

  • Letter from Assemblymember Chu

  • In 2010, NSAC's Director worked with carpet manufacturers, recyclers, the Carpet America Recovery Effort (CARE), and Assembly Speaker John Perez to pass the first product stewardship legislation to support the recycling of waste carpet, AB 2398.

  • AB 729 created an advisory committee  to make recommendations to manufacturers and carpet stewardship organizations on carpet stewardship plans. Requires a carpet stewardship plan to include a process by which the manufacturer or carpet stewardship organization receives and subsequently responds, in writing, to plan recommendations from the advisory committee.

  • Set 24% recycling rate by 2020

  • Resulted in the citing of a new carpet recycling facility in Woodland, CA and the creation of over 50 green jobs. 

 
 

STATE LEGISLATION

 

California

AB 2762 (Muratsuchi): Cosmetic products: safety - SIGNED INTO LAW 9/30/2020

By Assemblymember Muratsuchi, Bloom, Quirk, and Wicks

  • 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

  • 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

  • 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.

  • 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.​

  • 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

  • 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.

  • 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

  •  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.

  • 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

  • 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.

  • 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

  • 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.

  • 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

  • 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.

  • 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.

  • 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.

  • 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

  • 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.

  • 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.

  • 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

  • Passed with bi-partisan support.

  • Network of medicine collection bins in pharmacies, hospitals/clinics, and law enforcement.

  • Any eligible host must receive a bin within 90 days of offering to participate.

  • Medication mail-back envelopes for home-bound patients.

  • Safe sharps return container with pre-paid shipping postage provided with every needle sold.

  • Reimbursement for HHW costs to manage sharps collection.

  • 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

  • First Extended Producer Responsibility law in CA.

  • Co-sponsored by NSAC's affiliate organization, the California Product Stewardship Council.

  • 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.

  • The nonprofit Thermostat Recycling Corporation(TRC) was formed to serve as the stewardship organization and to develop a convenient take-back program.  

 

Maine

LD 544 (HP 401) : Tobacco Waste - SIGNED INTO LAW 3/18/2020

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

  • Amended the definition of "Litter" to include waste materials resulting from or associated with the use of tobacco products, including, but not limited to, cigarette butts.

 

LD 1668 (HP 1194): Recommendations Regarding the State's Mercury-add Lamp Law  - 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 1649 (HP 1185): Recommendations Regarding the State's Product Stewardship Program Framework Laws - SIGNED INTO LAW 6/6/19

By Representative Tucker

  • 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.

 

 

New York

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

  • 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

  • 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.

 

 

Oregon

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.

 

 

Washington

HB 2535: Labeling of Disposable Wipes Products - SIGNED INTO LAW 3/25/2020

By Representatives Fitzgibbon, Doglio, Hudgins

  • 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:

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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.