History of California Solid Waste Law, 2005-2007

2005 | 2006 | 2007

Statutes of 2005

AB 259 (Hancock)—Solid Waste: Handling Services: Delinquent Charges: Liens—AB 259 extends the delinquent charge and fee collection procedures in existing law to solid waste handling services provided under a franchise, contract, license, permit, or otherwise. This bill contains other related provisions and other existing laws. (Chapter 564)

AB 338 (Levine)—Recycling: Crumb Rubber—AB 338 requires Caltrans to gradually phase in the use of crumb rubber, which is used to make rubberized-asphalt concrete, on state highway construction and repair projects, to the extent feasible. The crumb rubber used is required to be manufactured in the United States, and derived from waste tires taken from U.S. owned and operated vehicles. (Chapter 709)

AB 574 (Wolk)—Recycled Concrete—AB 574 defines "recycled concrete" as "reclaimed concrete material used in concrete mixtures in accordance with the Greenbook Standard Specifications for Public Works 2003 Edition, or the most current revision of those requirements." This bill authorizes the use of recycled concrete, as defined, if the end user has been fully informed that the concrete is recycled concrete. In addition, this bill prohibits recycled concrete from being offered, provided, or sold to Caltrans for any use unless specifically requested and approved by the department. The provisions of the bill shall not supersede the requirements of the Uniform Building Code or other provisions of law. (Chapter 693)

AB 575 (Wolk)—Electronic Waste Recycling—AB 575 defines the term “vendor” for purposes of the Electronic Waste Recycling Act. The bill allows a retailer to pay the covered electronic waste recycling fee on behalf of the consumer by paying the fee to the retailer’s vendor. Urgency measure. (Chapter 59)

AB 1065 (Matthews)—Kitchen Grease: Transporters—AB 1065 authorizes the Department of Food and Agriculture (DFA) to establish a system for documenting and tracking the transportation of inedible kitchen grease in order to ensure the proper disposal or recycling of that material. This bill requires licensed renderers to be registered as transporters with DFA and would authorize DFA to suspend or revoke registration. This bill expands oversight of grease hauling to include protecting the environment, reducing blockages of public sewer systems, and preventing the improper and illegal transportation and disposal of interceptor grease. (Chapter 533)

AB 1125 (Pavley)—Rechargeable Battery Recycling Act—AB 1125 enacts the Rechargeable Battery Recycling Act of 2006. It requires on and after July 1, 2006, that a retailer of rechargeable batteries sold in California have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal with specified elements, including the take-back at no cost to the consumer of a used rechargeable battery of a type or brand sold by the retailer. The bill prohibits the sale of a rechargeable battery to a consumer in this state after July 1, 2006, if the retailer is not in compliance with the Act. The bill requires DTSC on or before July 1, 2007, and each succeeding July 1, to post on its Internet website the estimated amount, by weight, of each type of rechargeable battery returned for recycling in California during the previous calendar year. (Chapter 572)

AB 1249 (Blakeslee)—Waste Tire Facility Permit—AB 1249 gives the State Fire Marshal the authority, in consultation with the IWMB, to develop and adopt regulations relating to fire prevention and storage of waste tires. (Chapter 404)

AB 1272 (Harman)—State Lands Commission—AB 1272 repeals provisions requiring the State Lands Commission to prepare every 10 years a summary report on the ownership of public land in this state. This bill grants the State Lands Commission the authority to sell the state’s mineral rights in 466.66 acres of the former Eagle Mountain Mine for fair market value. (Chapter 701)

AB 1415 (Pavley)—Hazardous Waste: Mercury Relays and Switches—AB 1415 bans the sale and distribution in California of all products with the mercury-containing switches, relays, measuring devices, and gastrointestinal tubes. This bill also provides exemptions for mercury-added products required under a federal law or federal contract or if the only mercury-added component is a button cell battery. (Chapter 578)

AB 1637 (Mountjoy)—Vehicles: Refuse or Garbage Truck: Horn: Camera—AB 1637 requires all garbage trucks, except rolloff vehicles, to be equipped with an audible, automatic, backup alarm or a similar device that is capable of emitting a specific sound. All garbage trucks purchased after January 1, 2010, will also be required to be equipped with a functioning camera that provides the driver with a video display of the rear of the vehicle. (Chapter 166)

AB 1721 (Pavley)—Environmental Education—AB 1721 provides cleanup legislation for AB 1548 (Pavley), Chapter 665, Statutes of 2003, the Education and the Environment Initiative, which incorporated environmental principles into approved education standards. (Chapter 581)

SB 743 (Chesbro)—Solid Waste Rigid Plastic Packaging Containers: Recycling Rates: Households—SB 743 revises the definition of "recycling rate" within the RPPC program to additionally include the proportion of a single resin type of a RPPC that is recycled in a single given calendar year. In addition, this bill modifies the criteria for RPPCs to include a recycling rate of 45% for a single resin type, as demonstrated to the CIWMB. This bill also establishes an additional compliance option under the RPPC law for manufacturers that utilize an amount of California-generated recycled plastic in any RPPC and specifies that a product manufacturer cannot be fined under the RPPC law as a result of false claims made by a container manufacturer. (Chapter 666)

SB 772 (Ducheny)—Environment: Border Region: Waste and Used Tires—SB 772 requires the IWMB to include as a program element of its five-year plan for tires, border region activities conducted in coordination with Cal/EPA. Such activities would include: training programs, environmental education, waste tire abatement, tracking tire flow across the border, and coordination with regard to environmental and control requirements. (Chapter 214)

SB 828 (Maldonado)—Public Contracts—AB 828 exempts all State credit card (Cal Card) purchases of under $2,500 from the majority of California’s purchasing certification requirements, including environmental purchasing requirements, anti-sweatshop requirements, and encouraging the purchase of US-manufactured products. This bill sets an annual cap on the exemption of $7,500. (Chapter 381)

SB 1106 (Committee on Environmental Quality)—Public Contracts: Procurement: Recycled Goods: Solid Waste--SB 1106 is a cleanup measure that consolidates, updates, and clarifies existing recycling laws, eliminates duplicative provisions, and establishes or restates recycling goals and reporting requirements for State and local agencies. (Chapter 590)

Statutes of 2006

AB 32 (Núñez)—Air Pollution: Greenhouse Gases: California Global Warming Act of 2006 (effective 1/1/07)—This bill enacts the California Global Warming Solutions Act of 2006, requiring ARB to adopt regulations by January 1, 2008, and to establish a greenhouse gas regulatory and mandatory reporting system. (Chapter 488)

AB 156 (Committee on Budget)—Budget Act of 2004: Contingencies and Emergencies (effective 1/1/07)—This bill appropriates $31.5 million for four separate 2004-05 budget deficiencies related to (1) energy efficiency projects in State facilities, (2) postclosure activities for a hazardous waste landfill, (3) workers’ compensation claims for disaster workers, and (4) capitol security projects. This bill is an urgency measure that went into effect on March 23, 2005. Specifically, this bill also appropriates $5,119,250 to DTSC for the closure and post-closure maintenance of the BKK Landfill. (Chapter 7)

AB 259 (Hancock)—Solid Waste: Handling Services: Delinquent Charges: Liens (effective 1/1/07)—This bill increases a county’s capacity to attach liens to real property with delinquent payments for solid waste handling services provided under a franchise, contracts, license, permit, or otherwise. It also exempts from the definition of a “public utility” solid waste handling services arranged for or provided by a county. (Chapter 564)

AB 338 (Levine)—Recycling: Crumb Rubber (effective 1/1/07)—This bill requires Caltrans to use elevated levels of crumb rubber in lieu of other materials for State highway construction or repair projects that use asphalt as a construction material. (Chapter 709)

AB 574 (Wolk)—Recycled Concrete (effective 1/1/07)—This bill defines “recycled concrete” and exempts Caltrans or DGS from purchasing recycled concrete unless it was specifically requested and approved by Caltrans or DGS. (Chapter 693)

AB 721 (Núñez)—Metal Plating Facilities: Pollution Prevention Fund (effective 1/1/07)—This bill requires BTHA, in collaboration with other State entities, to establish a loan guarantee program for chrome plating facilities. (Chapter 695)

AB 1065 (Matthews)—Kitchen Grease: Transporters (effective 1/1/07)—This bill authorizes CDFA to establish a system for documenting and tracking the transportation of inedible kitchen grease in order to ensure the proper disposal or recycling of that material. This bill requires licensed renderers to be registered as transporters with CDFA and authorizes CDFA to suspend or revoke registration for violations. This bill expands the oversight of grease hauling to include protecting the environment, reducing blockages of public sewer systems, and preventing the improper and illegal transportation and disposal of interceptor grease. (Chapter 533)

AB 1125 (Pavley)—Rechargeable Battery Act (effective 1/1/07)—This bill requires on and after July 1, 2006, that retailers of rechargeable batteries sold in California have a system in place for accepting and collecting used rechargeable batteries for reuse, recycling, or proper disposal. (Chapter 572)

AB 1249 (Blakeslee)—Waste Tire Facility Permit (effective 1/1/07)—This bill grants the Sate Fire Marshall the authority, in consultation with the CIWMB, to develop and adopt regulations related to fire prevention and storage of waste tires at major waste tire facilities. (Chapter 404)

AB 1272 (Harman)—State Lands Commission (effective 1/1/07)—This bill grants the State Lands Commission the authority to sell the state’s mineral rights in 466.66 acres of the former Eagle Mountain Mine for fair market value. This area is currently permitted as a solid waste landfill; however, the landfill is not yet operational. (Chapter 701)

AB 1333 (Frommer)—Grease Waste Haulers (effective 1/1/07)— This bill makes it a misdemeanor to improperly remove grease waste from grease traps or interceptors or otherwise improperly deposit grease materials at any place other than an authorized facility. (Chapter 186)

AB 1341 (Committee on Environmental Safety and Toxic Materials)—Financing Authorities: Grants and Loans (effective 1/1/07)—This bill amends the California Educational Facilities Authority Act, the Health Facilities Financing Authority Act and the California Pollution Control Financing Authority Act to require a project applicant to provide documentation, before the authority approves the issuance of bonds for the project, that the projects has complied with CEQA, or is not subject to CEQA. (Chapter 714)

AB 1415 (Pavley)—Hazardous Waste: Mercury Relays and Switches (effective 1/1/07)—This bill bans the sale and distribution in California of all precuts with mercury-containing switches, relays, measuring devices, and gastrointestinal tubes. Bill also provides exemptions for mercury-added products required under federal law or federal contract or if the only mercury-added component is a button cell battery. (Chapter 578)

AB 1637 (Mountjoy)—Vehicles: Refuse or Garbage Truck: Camera (effective 1/1/07)—This bill requires all garbage trucks, with the exception of rolloff vehicles, to be equipped with an audible, automatic, backup alarm or a similar device that is capable of emitting a specified sound. All garbage trucks purchased after January 1, 2010, are also required to be equipped with a functioning camera that provides the driver with a video display of the rear of the vehicle. (Chapter 166)

AB 1688 (Niello)—Illegal Dumping Enforcement Officers (effective 1/1/07)— This bill permits employees of a city, county, or city and county whose primary duty is the enforcement of illegal dumping laws, to exercise powers of arrest and the power to serve warrants by adding them to the list of individuals in Penal Code Section 830.11. (Chapter 267)

AB 1992 (Canciamilla)—Solid Waste: Dumping (effective 1/1/07)—Existing law provides that a person who illegally dumps garbage is guilty of a misdemeanor. This bill makes four relatively minor changes to the Health and Safety Code, relating to solid waste. (Chapter 416)

AB 2147 (Harman)—Solid Waste: Plastic Food and Beverage Containers (effective 1/1/07)—This bill prohibits a person from selling a plastic food or beverage container that is labeled “compostable,” “biodegradable,” “degradable,” or anything similar unless the container meets an existing American Society for Testing and Materials specification for Compostable plastic. (Chapter 349)

AB 2160 (Lieu)—State Buildings: Green Building (effective 1/1/07)—This bill requires DGS to define a life cycle cost assessment methodology for state building design and construction decisions. Also, requires CEC to identify and develop appropriate project delivery mechanisms to facilitate energy and resource efficient projects for state and commercial buildings. (Chapter 742)

AB 2211 (Karnette)—Solid Waste Disposal Site Cleanup (effective 1/1/07)—This bill authorizes CIWMB to expend funds directly for the cleanup of a publicly owned site only if CIWMB determines that the public entity lacks resources or expertise to timely manage the cleanup itself. The bill requires CIWMB to consider additional specified factors in considering partial grants that provide greater than 50 percent of the funds directly for the cleanup. (Chapter 762)

AB 2253 (Hancock)—Vehicles: Illegal Dumping (effective 1/1/07)—This bill authorizes a court to impound a vehicle used in the illegal dumping of waste matter or harmful waste matter for a time period of up to six months, upon the misdemeanor or felony conviction of a person for the illegal dumping of waste matter under certain circumstances. (Chapter 765)

AB 2296 (Montanez)—Solid Waste: Landfill Standards: Closure and Postclosure Maintenance (effective 1/1/07)—This bill requires CIWMB to conduct a study, by January 1, 2008, to define the conditions that potentially affect solid waste landfills, in order to identify potential long-term threats, as specified. (Chapter 504)

AB 2449 (Levine)—Recycling: Plastic Carryout Bags (effective 1/1/07)—Beginning July 1, 2007, this bill requires store operators to establish a recycling program that provides an opportunity for a store customer to return a clean plastic carryout bag to the store. A “store” is defined as a full-time, self-service retail store with gross annual sales of $2 million or more and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items. (Chapter 845)

AB 3038 (Ruskin)—Public Resources: Community Conservation Corps (effective 1/1/07)—This bill provides several specified requirements for a nonprofit benefit corporation or agency relating to its corps members. The California Conservation Corps is required to evaluate a community conservation corps to determine its eligibility for certification on an annual basis. (Chapter 409)

AB 3056 (Committee on Natural Resources)—Beverage Containers: Quality Incentive Payments: Refund Values: Handling Fees (effective 1/1/07)—This bill allows DOC to pay out refund values to consumers at a higher level for a six-month period under the Beverage Container Recycling and Litter Reduction Act (Bottle Bill Program). (Chapter 907)

SB 77 (Committee on Budget and Fiscal Review)—2005-06 Budget (effective 1/1/07)—This bill is the Budget Act of 2005 and makes appropriations for the support of State government for the 2005-06 fiscal year.

SB 107 (Simitian)—Renewable Energy (effective 1/1/07)—This bill will accelerate from 2017 to 2010, California’s renewable energy procurement goal of 20 percent for publicly owned utilities and other retailer sellers of electricity. (Chapter 464)

SB 369 (Simitian)—Solid Waste: Tire Recycling: Rubberized Asphalt Concrete (effective 1/1/07)—This bill revises the eligibility criteria for the existing Rubberized Asphalt Concrete Grant Program for local governments, established by SB 1346 (Kuehl), Chapter 671, Statutes of 2002, and extends its sunset date to January 1, 2001. (Chapter 300)

SB 420 (Simitian)—Public Contracts: Procurements: Recycled (effective 1/1/07)—This bill makes technical, non-substantive changes to existing law relating to local agency procurement and expands the scope of use for paving materials that utilize recycled content. (Chapter 392)

SB 772 (Ducheny)—Environment: Border Region: Waste and Used Tires (effective 1/1/07)—This bill requires the CIWMB to include border region activities conducted in coordination with Cal/EPA as a program element of its five-year plan for tires. Such activities would include training programs, environmental education, waste tire abatement, tracking tire flow across the border, and coordination with regard to environmental and control requirements.

SB 828 (Maldonado)—Public Contracts (effective 1/1/07)—This bill exempts all State credit card (Cal-Card) purchases of under $2,500 from the majority of California’s purchasing certification requirements, including environmental purchasing requirements, anti-sweatshop requirements, and encouraging the purchase of U.S.-manufactured products. This bill sets an annual cap on the exemption of $7,500. (Chapter 381)

SB 1106 (Committee on Environmental Quality)—Public Contracts: Procurement: Recycled Goods: Solid Waste (effective 1/1/07)—This bill is a clean-up measure that consolidates, updates, and clarifies existing recycling laws, eliminates duplicative provisions, and establishes or restates recycling goals and reporting requirements for State and local agencies. (Chapter 590)

SB 975 (Ashburn)—Air Quality: Biodiesel Fuel (effective 1/1/07)—This bill provides that any public agency or regulated utility may use biodiesel blend fuel, as defined, in any retrofitted vehicular or off-road diesel engine certified by ARB. (Chapter 365)

SB 1108 (Committee on Judiciary)—Maintenance of Codes (effective 1/1/07)—This bill makes numerous technical, nonsubstantive changes to existing law recommended by the Legislative Counsel. (Chapter 22)

SB 1305 (Figueroa)—The Medical Waste Management Act (effective 1/1/07)—The existing Medical Waste Management Act, administered by DHS, regulates the management and handling of medical waste, as defined. Under existing law certain items, such as household waste, are specifically excluded from the definition of medical waste. (Chapter 64)

Statutes of 2007

AB 258 (Krekorian)—Environment: Marine Debris (effective 1/1/08)—This bill requires the California Coastal Commission (CCC), to the extent feasible and within existing resources, to make specified efforts to address the issue of marine debris including the establishment of a multi-agency task force. (Chapter 735)

AB 679 (Benoit)—Illegal Dumping: Assessments (effective 1/1/08)—This bill requires the court to impose a civil assessment equal to the amount of the criminal fine when a party is found guilty of illegal dumping activities. In addition, this bill requires that the assessments be deposited into the appropriate jurisdiction's General Fund to be used for the enforcement of such activities. (Chapter 394)

AB 1023 (DeSaulnier)—Recycling: Compostable and Biodegradable Plastic Trash Bags (effective 1/1/08)—This bill will exempt manufacturers of Compostable and biodegradable trash bags from the requirements of California's recycled-content requirements for plastic trash bags. (Chapter 143)

AB 1048 (Richardson)—Illegal Dumping Enforcement Officers (effective 1/1/08)—This bill corrects an erroneous cross-reference on the illegal dumping enforcement officers authority to enforce provisions of law relating to solid waste disposal and provides that the Attorney General may furnish illegal dumping enforcement officers state summary criminal history information upon the showing of a compelling need. (Chapter 201)

AB 1109 (Huffman)—Energy Resources: Lighting Efficiency: Hazardous Waste (effective 1/1/08)—This bill establishes the California Lighting Efficiency and Toxics Reduction Act (Act) and will prohibit on and after January 1, 2010, a person from manufacturing for sale in the state specified general purpose lights (GPLs) that contain hazardous substances prohibited by the European Union (EU); will require the Energy Commission, on or before December 31, 2008, to adopt minimum energy efficiency standards for all GPLs. This bill also requires DTSC, in coordination with IWMB, to convene a task force to make recommendations to the Legislature on or before September 1, 2008, on the most effective and cost efficient method to provide for the proper collection and recycling of end-of-life light bulbs. (Chapter 534)

AB 1447 (Calderon, Charles)—Hazardous Waste: Major Appliances (effective 1/1/08)—This bill will make changes to hazardous waste control laws relating to the removal of materials that require special handling (e.g., refrigerant, oil, mercury switches) from major appliances. (Chapter 709)

AB 1473 (Feuer)—Solid Waste Facility: Permits: Enforcements (effective 1/1/08)—This bill requires the IWMB to adopt emergency regulations to authorize a Local Enforcement Agency (LEA) to issue a temporary solid waste facilities permit (with IWMB concurrence) to a person operating a recycling, material recovery, and/or composting facility. This bill states that the emergency regulations adopted by the IWMB sunset on July 1, 2010. (Chapter of 547)

SB 898 (Simitian)—Solid Waste: Cleanup (effective 1/1/08)—This bill provides a repeal date of January 1, 2013, for the contribution provisions for the State Children’s Trust Fund for the Prevention of Child Abuse and the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account. (Chapter 665)

SB 966 (Simitian)—Pharmaceutical Drug Disposal (effective 1/1/08)—This bill will require the IWMB to develop, in consultation with appropriate state, local, and federal agencies, model programs that are free to the consumer for the collection and proper disposal of pharmaceutical drug waste (pharmaceuticals). This bill does not cover controlled substances. The IWMB would, upon evaluation of the model programs, provide the Legislature with recommendations for a statewide program by December 1, 2010. (Chapter 542)

SB 1036 (Perata)—Energy: Renewable Energy Resources (effective 1/1/08)—This bill recasts the Renewable Portfolio Standard Program, a program for the purchasing of renewable energy. (Chapter 685)